Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the orhue.com online shopping platform.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
WHAT IS ORHUE INC?
Orhue is an African fashion & culture driven service provider. We provide a gateway into the African experience through fashion, diversity, culture, art, craftsmanship, curated content.
Orhue’s roots stem from Africa's rich culture & heritage, with a fusion of innovative technologies and the intention to building a strong network globally. We reserve the right to remove sellers that do not fall within this framework at any time.
Orhue aims to promote and portray African fashion as never seen before, while staying true to our heritage. Our experiences with other cultures around the world will also be infused into our designs, giving the world a different feel from the norm. With sincere and deep sense of social responsibility and humanitarian support, we aim to give wholeheartedly to our society.
Orhue Inc. supports creativity and small businesses. Orhue Inc champions sellers that physically own their stock and take their own pictures for Orhue.com. We do not support the drop shipping business model. If a seller is thought to be running their business as a drop shipper then Orhue at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.
Orhue permits boutiques to list selected stationery/lifestyle items to complement their clothing and/or accessory ranges. Designs must be appropriate for Orhue’s customers. The Orhue’s Review Team reserve the right to remove any listing, which they feel, does not meet this criteria.
Age: Orhue Merchant services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Orhue’s Merchant service may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Orhue’s Merchant policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Orhue Merchant service, each of which is incorporated herein by reference and each of which may be updated by Orhue's Merchant Service from time to time without notice to you:
In addition, Orhue Merchant Service may subject to additional terms and conditions publish some services offered through the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Orhue Merchant Service of any unauthorised use of your password or any breach of security. You also agree that Orhue Merchant Service cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Orhue Merchant Service without Orhue Merchant Service’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.
Account Transfer: You may not transfer or sell your Orhue Merchant Service account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: Orhue Merchant Service may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the BOUTIQUE must request prior written permission from Orhue Merchant Service. Orhue Merchant Service reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Orhue Merchant Service takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Orhue Merchant Service team reserve the right to remove any feedback, which it suspects has been posted as a result of such manipulation or bribery and may close the seller, account to which it relates.
Right to Refuse Service:
Orhue Merchant Service reserves the right to refuse service to anyone at any time. Orhue Merchant Service are not available to temporarily or indefinitely suspended Orhue Merchant Service members. Orhue Merchant Service reserves the right, in Orhue Merchant Service’s sole discretion, to cancel unconfirmed or inactive accounts.
Launch within 90 Days:
If your application to become a boutique seller on Orhue Merchant Service is approved, you must launch your boutique within 90 days of submitting your application. Failure to do so will result in your account being deemed inactive. If you wish to launch your boutique after this time you will need to re-apply and start the application process again regardless of previous application success.
FEES AND SERVICES
Boutiques are charged a monthly/quarterly/yearly subscription fee. Orhue Merchant Service also charges a percentage of the sale price when the item sells. Orhue Merchant Service Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for Orhue Merchant Service are effective after Orhue Merchant Service provides you with at least thirty (30) days' notice by posting the changes on the Site. However, Orhue Merchant Service may choose to temporarily change the Features and Fees for its services for promotional events; such changes are effective when Orhue Merchant Service posts the temporary promotional event on the Site. Orhue Merchant Service may decrease the fees as stated in the Features & Fees with no notice to you. Orhue Merchant Service may, at its sole discretion, change some or all of Orhue Merchant Service at any time. In the event Orhue Merchant Service introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Boutique accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a Boutique’s product count falls to zero their Boutique storefront will no longer show on site but the monthly Boutique fee will still be debited from the Boutique owner’s account until the account has been officially closed or downgraded. A Boutique account can be closed or downgraded at any time and it is the responsibility of the Boutique owner to manually terminate their Boutique status from their STATUS page.
All fees are inclusive of US VAT where applicable. In certain circumstances fees will not be subject to US VAT but you may be liable to indirect taxes in your own country. Orhue Merchant Service recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.
Fees and Termination:
If Orhue Merchant Service terminates a listing or your account, if you close your account, or if the payment of your Orhue Merchant Service fees cannot be completed for any reason, you remain obligated to pay Orhue Merchant Service for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact Orhue Merchant Service.
LISTING AND SELLING
By listing an item on the Site you warrant that you and all aspects of the item comply with Orhue Merchant Service published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Orhue Merchant Service transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on Orhue Merchant Service outside of the Orhue Merchant Service site. This may also constitute fee avoidance.
Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their Boutique and/or Orhue Merchant Service. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Orhue or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Amazon Services. This license does not include any resale or commercial use of any Orhue Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Orhue Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Orhue or its licensors, suppliers, publishers, rightsholders, or other content providers. No Orhue Service, nor any part of any Orhue Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Orhue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Orhue without express written consent. You may not use any meta tags or any other "hidden text" utilizing Orhue's name or trademarks without the express written consent of Orhue. You may not misuse the Orhue Services. You may use the Orhue Services only as permitted by law. The licenses granted by Orhue terminate if you do not comply with these Conditions of Use or any Service Terms.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to Orhue Merchant Service and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Orhue Merchant Service.
Restricted Activities: Your Content and your use of Orhue Merchant Service:
1. Must not be false, inaccurate or misleading
2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity.
4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Must not contain items that have been identified as hazardous to consumers
6. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Must not be obscene
8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
9. Must not modify, adapt or hack Orhue Merchant Service or modify another website so as to falsely imply that it is associated with Orhue Merchant Service;
10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Orhue Merchant Service.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.