Legal Terms for Merchants

1.     Refund:

 

Dealstogether will not refund any purchase price paid by any Buyer for any Offer regardless if the Prepay Coupon issued for this Buyer has been redeemed or not, because we don’t receive the prepay payment from Buyer, the prepay payment go directly to Merchants right after Offer is successfully executed. And it is Merchant’s sole responsibility to refund the prepay amount paid by Buyer within 3 days after the purchase of a Prepay Coupon based on Buyer’s request, provided that the Prepay Coupon has not yet been redeemed. After 3 days, Merchant doesn’t provide refunds.

 

1.1   Refund amount:

 

Merchant needs to refund full prepaid amount that requested Buyer prepaid for this Prepay Coupon (20% Prepay amount)  to the Buyer within 3 days after the purchase of a Prepay Coupon, provided that the Prepay Coupon has not yet been redeemed. Once this Prepay Coupon has been redeemed after buyer paid remaining 80% payment at the Merchant's store, Merchant will not refund any amount related to the product or service that has been redeemed unlesss otherwise stated by the Merchant's refund rules or by law. Dealstogether will not refund the commission earned from the successfully executed Offer to the Merchant, unless otherwise stated. In case Dealstogether has to refund the commission to the Merchant based on specific requirements stated in the Offer Terms, Dealstogether has the right to stop profit sharing with the buyer(s) who referred friend(s) for purchasing this Offer or the Originator(s) who helped to bring in this Offer, if the profit sharing payment has been paid by us, Dealstogether has the right to treat these payments as the debit for whoever received these payments.

 

2.     Seller’s Permit:

 

If you are in the business of selling, leasing personal tangible property (for example, selling from home Ebay merchandise online) or sell taxable services at a retail or wholesale level, you are required to obtain a Seller's Permit. In addition, if you are a seller at more than one location, a separate license is required for each location. The requirement to obtain a seller's permit applies to individuals as well as corporations, partnerships, and limited liability companies. Both wholesalers and retailers must apply for a permit. If you do not hold a seller's permit and will make sales during temporary periods, such as Christmas tree sales and rummage sales, you must apply for a temporary seller's permit. Such permits are normally issued to selling operations lasting no longer than 30 days at one location.

 

2.1   What is meant by ordinarily subject to sales tax?

 

In general, retail sales of tangible personal property are subject to sales tax. Examples of tangible personal property include such items as furniture, giftware, toys, antiques, clothing, and so forth. In addition, some service and labor costs are taxable if they result in the creation of tangible personal property. For example, if you make a ring for a specific customer, you are creating tangible personal property. Therefore, the total amount you charge for the ring (including the charge for labor) would be taxable. This would also be the case if the customer provided the materials for making the ring. However, labor costs for making repairs (resetting a diamond, for example) are not taxable since they do not result in the creation of tangible personal property. You are only repairing or reconditioning existing property. Likewise, labor charges to install or apply property which has been sold is not ordinarily subject to sales tax (note: the labor charge should be stated separately on the bill). There are many rules governing what is taxable. You are encouraged to call the Board's Information Center 800-400-7115 or contact your nearest Board office for information on what is taxable for your business.

 

2.2   Our requirement for Merchant in terms of Seller’s Permit:

 

If Merchant’s business type is required for Seller’s Permit, this Merchant has to send us  the screenshot of Seller’s Permit front page by emailing at admin@dealstogether.com, Merchant has to make sure this Seller’s Permit is up to date, legitimate, belongs to this Merchant, valid for whatever the goods or services that this Merchant is offering on our Site, Dealstogether will not take any legal responsibility for any legal related issues associated with the Seller’s Permit or legal status of the Merchant.

 

3.     Terms for requirements of other licenses for selling:

 

Merchant represents and warrants that: It will make sure to obtain all legal licenses or permits for selling online required by law. It is Merchant’s full responsibility for any legal related issues in connection to, including but not limited to, insufficient or no licenses to sell online, any disputes between buyers and Merchant and any buyers’ loss due to Merchant’s illegal selling status.

 

4.     Merchant’s Responsibility:

 

Dealstogether markets the Offers and acts as an agent in selling the Prepay Coupons on behalf of the Merchants. Therefore, The Merchant is the seller of the goods and/or services that Buyers are purchasing and Buyers acknowledge and agree that such goods and services are provided by the applicable Merchant and not by us. The Merchant is solely responsible for redeeming the Prepay Coupon after buyers paid the remaining payment amount. Buyers must direct any question, concern or complaint regarding the goods and services offered or sold in a Prepay Coupon directly to the Merchant.  The Merchant is the issuer and holder of the Prepay Coupon and, as such, shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) suffered by or in respect of a buyer, directly or indirectly, caused in whole or in part by the Merchant or by the goods and/or services for which the Prepay Coupon is redeemable, whether related to the use or redemption of a Prepay Coupon or not, as well as for any unclaimed property liability arising from unredeemed Prepay Coupons. Merchant needs to ensure the accuracy of any Content that Merchant uploads to the Site, including, but not limited to, Fulfillment Terms, highlights, descriptions, images, tier price info, goods or service limits, original price, fulfillment address, Offer and Prepay Coupon expiration date and any Content print on the Prepay Coupon. Merchant is solely responsible for any disputes and claims between Buyers and Merchants directly or indirectly related to any Content that uploaded by Merchant.  

 

5.     Commission to Dealstogether:

 

Merchant agrees that Dealstogether will take certain percentage of total sales from the successfully executed Offer as the commission; this percentage is defined in our Admin tool. We charge 5% introductory commission fee and we  reserves the right to modify this percentage anytime without notice or liability of any kind. However, we will send notification in case there is any commission adjustment to Merchant in advance. It is Merchant’s sole responsibility to check what is the current commission percentage for each Offer that they set up (when Merchant set up any new Offer  in Offer set up page, they can see what is the commission percentage for this Offer that Dealstogether will charge once this Offer is successfully executed).

 

Merchant agrees that Originator can negotiate with him/her for whatever the commission percentage(equal or greater than the commission percentage) that will pay to Dealstogether for each Offer before this Offer has been set up, Merchant has to make sure to add this Originator in the Offer set up page with whatever the negotiated commission percentage, once this Offer is successfully executed, Dealstogether will share the commission that negotiated between Originator and Merchant with this Originator based on the split percentage defined in our Admin tool. It is Merchant’s sole responsibility for no commission paid to Originator because Originator is not added in Offer set up page by Merchant accidently or purposely, in this case, Dealstogether will not share the commission with Originator.

 

6.     Payment to Merchant:

 

Since we use Paypal advanced adaptive payment system, so that any payment from Buyers will be sent to Merchant’s Paypal account directly, and Dealstogether will receive the commission right away, hence, the payment that Merchant received is the Paypal transaction fee and Dealstogether’s commission deducted payment. Merchant can check detail payment transaction data in his/her “My Payment Report”.

 

7.     Taxes:

 

With the sole exception of taxes on Dealstogether’s net income, Merchant is responsible for collecting from Buyer and paying any and all taxes and fees, including, without limitation, sales, use, gross income and value added taxes, associated with the Services or the fulfillment of any Offer. Merchant has to specify the taxes related terms in Offer info page if they want to collect them when Buyers redeem their Prepay Coupon at Merchant.

 

8.     Other Terms:

 

Merchant agrees that Dealstogether may use the Merchant’s name and brand info in connection with making available and promoting any Offer by that Merchant and identifying Merchant as a party that sells or has sold goods or services through the Site. Merchant agrees to allow Dealstogether to use photographs of Merchant’s business or goods or services for any media/publicity purposes.

 

Merchant represents and warrants that:

 

  • It will honor, without limitation, alteration or amendment, the terms of all purchased Offers in a professional manner, it will take all responsibility for any disputes related to the term changes or interpretation.
  • It will not impose any other terms that are not expressly stated in the Offer page display on our Site, or which is in violation of applicable law.
  • It shall collect and use Buyer’s personal information (such as name, address, email, payment info, etc.) from Buyers only in accordance with applicable law, the terms and conditions and the Privacy Policy.
  • It grants full Intellectual Property right to Dealstogether for any content that Merchant published in our Site.