Pasta – Shamar Organics

Hobby Gardener Agreement

This Hobby Gardener Agreement (the “Agreement”), entered into this [Day] day of [Month, Year], by and between Shamar Organics a Texas Limited Liability Company, with its principal place of business in Texas, herein referred to as the “Company”, and [Hobby Gardener’s Full Name/Entity Name], having its primary residence or principal place of business at [Hobby Gardener’s Address], hereinafter referred to as the “Hobby Gardener”.

RECITALS

WHEREAS, the Company maintains and operates a distinguished multi-Hobby Gardener e-commerce platform dedicated to the procurement and sale of organic products;

WHEREAS, Hobby Gardener possesses the capability and desire to offer organic products for sale and desires to avail itself of the Company’s platform pursuant to the terms and stipulations of this Agreement;

NOW, THEREFORE, in consideration of the promises, covenants, and conditions set forth herein, it is mutually agreed as follows:

Representations and Warranties

Hobby Gardener hereby represents and warrants that:

It has the right, power, and authority to enter into this Agreement and fully perform its obligations herein.
The products it lists are genuine, free from encumbrances, and do not infringe upon any third-party rights, including intellectual property rights.

Products and Listings

Listings: Hobby Gardener shall, in good faith, provide comprehensive and factual descriptions, representations, and images of the products.
Regulatory Compliance: All products asserted as organic shall unequivocally comply with local, state, and federal standards governing organic products.

III. Financial Conditions

Fees and Charges: Hobby Gardener accedes to remit to the Company a pre-agreed membership fee and a definitive 15 % percentage from each successful transaction.
Remittance: The Company shall disburse payments for products, net of the stipulated fees, to the Hobby Gardener on a [bi-weekly] cadence.

Obligations concerning Delivery and Returns

Shipment: The onus of ensuring timely and accurate delivery to the end Consumer lies with the Hobby Gardener unless expressly stipulated otherwise.
Return Protocol: Hobby Gardener commits to be bound by and adhere assiduously to the Company’s Return and Refund Policy, as manifested on the Platform.

Non-Disclosure of Proprietary Information

Both entities covenant to eschew any revelation, replication, or dissemination of confidential or proprietary Intel, whether tacitly or overtly, of the reciprocal party to any third-party sans express written consent.

Termination Provisions

Breach: In the event of a material breach of this Agreement’s stipulations by either party, the aggrieved entity may elect to terminate this Agreement upon thirty (30) days’ prior written notice.
Effect of Termination: Upon the termination or expiration of this Agreement, all financial obligations accrued before such termination or expiration will survive.

VII. Indemnification

Hobby Gardener agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to the products provided by the Hobby Gardener or any breach of this Agreement by the Hobby Gardener.

VIII. Jurisdiction and Governing Law

The laws of the State of Texas, without giving effect to its conflict of laws principles, shall govern this Agreement. Both parties consent to the exclusive jurisdiction and venue in the state and federal courts in Texas.

Modification Clause

No amendment, modification, or alteration of the terms herein shall be binding unless the same is in writing and duly executed by the parties hereto.

Entire Agreement & Severability

This Agreement embodies the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XII. Membership Cancellation and Refund

Cancellation by Hobby Gardener: Hobby Gardeners may choose to cancel their membership with Shamar Organics LLC at any time. Should a Hobby Gardener decide to cancel, they must notify Shamar Organics LLC in writing.
Prorated Refund: If a Hobby Gardener chooses to cancel their membership and has paid the regular membership fee of $12 per year to Shamar Organics LLC, the Company will provide a prorated refund for the unused portion of the membership. For example, if a Hobby Gardener cancels after 2 months of using the platform, they will be entitled to a refund for the remaining 10 months, which equates to $10
Exclusions: Hobby Gardeners who availed of their membership with Shamar Organics LLC during a promotional period or at a discounted rate will not be eligible for the prorated refund upon cancellation.

Vendor Agreement

This Vendor Agreement (the “Agreement”), entered into this [Day] day of [Month, Year], by and between Shamar Organics a Texas Limited Liability Company, with its principal place of business in Texas, herein referred to as the “Company”, and [Vendor’s Full Name/Entity Name], having its primary residence or principal place of business at [Vendor’s Address], hereinafter referred to as the “Vendor”.

RECITALS

WHEREAS, the Company maintains and operates a distinguished multi-vendor e-commerce platform dedicated to the procurement and sale of organic products;

WHEREAS, Vendor possesses the capability and desire to offer organic products for sale and desires to avail itself of the Company’s platform pursuant to the terms and stipulations of this Agreement;

NOW, THEREFORE, in consideration of the promises, covenants, and conditions set forth herein, it is mutually agreed as follows:

Representations and Warranties

Vendor hereby represents and warrants that:

It has the right, power, and authority to enter into this Agreement and fully perform its obligations herein.
The products it lists are genuine, free from encumbrances, and do not infringe upon any third-party rights, including intellectual property rights.

Products and Listings

Listings: Vendor shall, in good faith, provide comprehensive and factual descriptions, representations, and images of the products.
Regulatory Compliance: All products asserted as organic shall unequivocally comply with local, state, and federal standards governing organic products.

III. Financial Conditions

Fees and Charges: Vendor accedes to remit to the Company a pre-agreed membership fee and a definitive 15 % percentage from each successful transaction.
Remittance: The Company shall disburse payments for products, net of the stipulated fees, to the Vendor on a [bi-weekly] cadence.

Obligations concerning Delivery and Returns

Shipment: The onus of ensuring timely and accurate delivery to the end Consumer lies with the Vendor unless expressly stipulated otherwise.
Return Protocol: Vendor commits to be bound by and adhere assiduously to the Company’s Return and Refund Policy, as manifested on the Platform.

Non-Disclosure of Proprietary Information

Termination Provisions

Breach: In the event of a material breach of this Agreement’s stipulations by either party, the aggrieved entity may elect to terminate this Agreement upon thirty (30) days’ prior written notice.
Effect of Termination: Upon the termination or expiration of this Agreement, all financial obligations accrued before such termination or expiration will survive.

VII. Indemnification

Vendor agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to the products provided by the Vendor or any breach of this Agreement by the Vendor.

VIII. Jurisdiction and Governing Law

Modification Clause

No amendment, modification, or alteration of the terms herein shall be binding unless the same is in writing and duly executed by the parties hereto.

Entire Agreement & Severability

XII. Membership Cancellation and Refund

Cancellation by Vendor: Vendors may choose to cancel their membership with Shamar Organics LLC at any time. Should a vendor decide to cancel, they must notify Shamar Organics LLC in writing.
Prorated Refund: If a vendor chooses to cancel their membership and has paid the regular membership fee of $60 per year to Shamar Organics LLC, the Company will provide a prorated refund for the unused portion of the membership. For example, if a vendor cancels after 2 months of using the platform, they will be entitled to a refund for the remaining 10 months, which equates to $50.
Exclusions: Vendors who availed of their membership with Shamar Organics LLC during a promotional period or at a discounted rate will not be eligible for the prorated refund upon cancellation.

Shamar Organics – Return Policy

1. Preamble

This Return Policy (hereinafter referred to as the “Policy”) is constituted by and between the purchaser (hereinafter referred to as the “Purchaser” or “You”) and Shamar Organics LLC a Texas Limited Liability Company (collectively referred to herein as “the Company”, “We”, “Us”, or “Our”). This Policy delineates the terms and conditions underpinning the return of merchandise transacted via our Platform. By entering into a transactional relationship with the Shamar Organics LLC, the Purchaser irrevocably consents to be bound by the stipulations enumerated herein.

2. Return Temporal Framework

“Merchandise purchased from our Platform may be returned within fourteen (14) calendar days, commencing from the date of receipt for non-perishable items. Perishable items are not eligible for returns once sold.”

3. Criteria for Admissible Returns

a. State of Merchandise: Goods intended for return must be in their pristine, undebased condition, exhibiting no manifest signs of utilization, alteration, or defilement, and should be accompanied by all original packaging, labels, and ancillary accoutrements.

b. Perishable Commodities: Given the organic and potentially evanescent nature of select offerings, such commodities must be remitted in a state ensuring they are uncompromised in quality, safety, and salability. Perishable commodities are typically picked up by the consumer directly or delivered by the vendor or hobby gardener. Given their perishable nature, once sold, they are not eligible for refunds or exchanges.

4. Enumeration of Non-Returnable Commodities

Certain delineated categories of goods are explicitly exempted from the purview of this return regime, encompassing but not confined to:

Monetary gift instruments
Commodities conspicuously designated as “non-returnable” or “final sale”
Bespoke or tailored artifacts
Any perishable items as they cannot be returned once sold.

5. Procedural Mechanics Governing Returns

a. To initiate any return, the Purchaser must inform the specific Vendor from whom the product was purchased, though any required coordination or assistance may be sought from Shamar Organics LLC customer liaison at customersupport@shamarorganics.com.”

b. Once return authorization is obtained, the Purchaser is to send the item to the vendor’s specified return address. The cost of returning the product lies with the Purchaser, unless the product received was defective or the wrong item was sent by the vendor.”

c. Scrutiny and Adjudication: Consequent to the receipt of the returned merchandise, it shall be subjected to rigorous scrutiny. Commodities remitted in a debased state or beyond the stipulated return temporal framework may be summarily repudiated.

6. Refund Modalities

“Refunds are processed only for eligible non-perishable products after thorough inspection. The method and timing of the refund depend on the original payment method used. Refunds are typically processed within seven (7) to fourteen (14) business days. The Company has the right to reduce the refund amount if the returned product is damaged or missing any original items.”

7. Exchange Regime

Exchanges are processed only for non-perishable items that have tangible defects or damage. Purchasers wishing for an exchange for an identical product should contact the specific Vendor from whom the product was purchased.”

8. Policy Modulation Clause

The Company unequivocally reserves an inalienable right, exercisable at its unbridled discretion, to introduce modifications, augmentations, or revisions to this Return Policy. Circumstances invoking substantive recalibrations shall be relayed to the Purchaser populace via overt notifications promulgated on our Platform or through other pertinent communicative channels.

9. Communication Nexus

For further elucidations, redressal of grievances, or interpretative assistance ancillary to this Return Policy, stakeholders are earnestly entreated to establish correspondence with our designated liaison portal at customersupport@shamarorganics.com.

Terms And Conditions Of Service

1. Preamble

This Agreement, henceforth referred to as the “Terms and Conditions” (“T&Cs”), delineates the legally binding stipulations governing the utilization of Shamar Organics LLC’s online marketplace (henceforth referred to as the “Platform”). By accessing, navigating, or engaging in transactions via this Platform, all entities—whether individuals, businesses, or representatives thereof (collectively, “Users”, “Vendors”, or “You”)—implicitly and unequivocally assent to be bound by these T&Cs and all concomitant legal instruments and statutes.

Comment: Throughout this agreement, Shamar Organics” shall be referred to as the Company.”

2. Registration and Account Integrity

Mandatory Registration: Users desiring to enlist, vend, or procure commodities via the Platform are obligated to undergo an account registration process.
Veracity of Information: Users hereby covenant to tender accurate, contemporaneous, and exhaustive particulars during the registration phase and to promptly amend said particulars to ensure their continued accuracy and relevance.
Comment: Encourage users to ensure they create a strong, unique password to enhance account security.

3. Product Listings

Sole Responsibility: Vendors acknowledge and accept that they bear the unassailable responsibility concerning the veracity, legality, and completeness of any product listings they promulgate.
Termination of Listings: The Company retains an inalienable right, at its sole discretion, to modify, suspend, or terminate any listing that violates these T&Cs or is deemed detrimental to the Platform’s integrity.
Comment: Listings found to be false, misleading, or against the principles and values of the Platform’s community may be seen as detrimental to the Platform’s integrity and may be removed.

4. Contractual Undertakings

Every transaction consummated on the Platform engenders a legally binding contractual relationship. Vendors are inexorably compelled to vend the merchandise to the Purchaser at the stipulated price, while Buyers are correspondingly obligated to discharge their pecuniary responsibilities for commodities acquired.

Comment: Vendors should ensure the availability of products once they are listed. If a product becomes unavailable after a transaction is made, vendors must communicate promptly with buyers and offer alternatives or refunds.

5. Payment Architectures

The Platform proffers diverse payment modalities. Users acknowledge and affirm that they are bound not merely by these T&Cs but also by the stipulations of their elected payment mechanism.

Comment: Assure users that all payment modalities offered on the Platform adhere to high standards of encryption and security.

6. Fiscal Liabilities

Vendors may incur specific fees pursuant to the listing and vendition of items on the Platform. A comprehensive fee schedule, incorporated herein by reference, is accessible on the Platform.

Comment: This clause means that vendors might have to pay certain fees when they list or sell items on the Platform. The exact amounts and conditions of these fees are detailed in a separate document called the fee schedule, which can be found on the Platform. This might include, for example, a fee for listing an item or a percentage of a sale.

7. Logistic and Redressal Mechanisms

All logistic procedures and product redressals are unequivocally governed by our extant Shipping Policy and Return Policy, both of which are integrated into these T&Cs by this reference and are available on the Platform for users to review

8. Proprietary Rights

All content, trademarks, and intellectual property appurtenant to the Platform are the sole proprietary assets of Shamar Organics. Unauthorized appropriation or utilization there of may constitute an infringement of intellectual property statutes.

Comment: User-generated content such as product reviews, comments, or images uploaded by users remain the intellectual property of the user, but the user grants the Company a license to use, display, and reproduce such content on the Platform

9. Proscribed Conduct

Users irrevocably undertake to refrain from deploying the Platform for illicit endeavors or in manners that might debilitate, disable, or impair its operational integrity or unduly encumber other Users.

Comment: Users should refrain from behaviors like spamming, posting offensive content, or attempting to hack the platform.

10. Circumscription of Liability

In no event shall Shamar Organics LLC its associates, affiliates, or representatives, be held liable for any consequential, incidental, indirect, or punitive damages, losses, or expenses arising out of or consequent to the utilization or inability to utilize the Platform, to the fullest extent permissible by applicable law.

Comment: In no event shall the Company be liable for any indirect damages like loss of profit, revenue, or data arising out of the use of the Platform

11. Indemnity

Users hereby covenant to indemnify, defend, and hold harmless Shamar Organics, its stakeholders, affiliates, and agents, from and against all liabilities, claims, and expenses, inclusive of legal fees, arising out of their violation of these T&Cs, misuse of the Platform, or infringement of any intellectual property or other right of any person or entity.

Comment: The Company retains the right to handle its legal defense as it sees fit, in which case the user will cooperate and not make any admission or settle any claim without the Company’s prior written consent.

12. Termination of Access

Shamar Organics expressly reserves an inalienable right to rescind, suspend, or circumscribe access to the Platform for any User, devoid of prior notification, for conduct that the Company believes violates these T&Cs or is injurious to other Users, the Company, or third parties, or for any other reason.

Comment: After the termination of their access, users’ listings, reviews, or other content might remain on the platform unless explicitly removed by the user before the termination or unless the user requests its removal post-termination.

13. Amendments to the T&Cs

The Company retains the prerogative to intermittently amend, augment, or revise these T&Cs. Such modulations shall attain immediate effectuality upon their promulgation on the Platform.

14. Governing Statutes

These T&Cs shall be interpreted, governed, and construed in conformity with the extant legal statutes of the State of Texas, irrespective of its conflict of law principles.

15. Dispute Adjudication

All disputes emergent from or related to these T&Cs or the Platform shall be firstly endeavored to be resolved through amicable negotiations. In the event of irremediable discord, binding arbitration in the jurisdiction of Texas shall be invoked.

16. Communication Nexus

All queries, clarifications, or comments germane to these T&Cs should be directed towards vendorsupport@shamarorganics.com (For Vendors Only) and customersupport@shamarorganics.com (For Customers Only).

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