Seller Agreement
Between Kongsee (the “Platform”) and the seller (the “Seller”).
By listing products or using the Platform’s services, the Seller confirms that they have read, understood, and agreed to be bound by this Agreement and all applicable Platform rules.
A. Platform Role and Transaction Nature
- The Platform operates as an online intermediary providing services including product listing, display, transaction matching, payment processing, and basic dispute coordination.
- The Platform is not the seller of the products listed and does not own, store, inspect, or ship any products.
- The Seller is the actual provider of the products and shall bear sole responsibility for product authenticity, descriptions, pricing, packaging, shipment, and fulfillment.
B. Seller Eligibility and Basic Obligations
- The Seller shall ensure that all information provided to the Platform is true, accurate, complete, and valid.
- The Seller shall ensure that all listed products:
- Are genuine products; and
- Are legally tradable products.
- The Seller shall complete order confirmation, order processing, and shipment within the time limits specified by the Platform.
- Where the Seller fails to comply with the prescribed time limits, the Platform may, in accordance with its rules published from time to time, take management measures including but not limited to point deductions, order cancellation, product removal, account function restrictions, or other measures deemed appropriate.
C. Product Listing and Book Restrictions
- The Seller may only list products that comply with Platform requirements.
- The definition, scope, and determination of compliant products shall be subject to Platform rules, policies, or explanatory documents published from time to time.
- The following products are strictly prohibited from listing or trading, including but not limited to:
- Pirated, counterfeit, or infringing books.
- Books containing illegal content.
- Books deemed unsuitable for listing by the Platform.
- The Platform reserves the final right to determine whether any product may be listed and may remove non-compliant products without prior notice.
D. Pricing and Transaction Amount
- Product prices shall be set by the Seller.
- The transaction amount shall be calculated based on the actual transaction price after deducting applicable discounts, promotions, or fees.
E. Platform Service Fees
- For each successfully completed transaction, the Platform shall charge a service fee equal to fifteen percent (15%) of the transaction price, subject to a minimum fee of RM1 per transaction, whichever is higher.
- The Platform may adjust service fee rates or structures upon at least one (1) month’s prior notice. Continued use of the Platform after the effective date shall constitute acceptance of such adjustments.
F. Shipping and Logistics
- Unless otherwise stated, shipping costs shall be borne by the buyer.
- The Seller shall properly package products, ship orders within the prescribed time, and provide accurate shipment information.
- Any loss, delay, or dispute arising from the Seller’s failure to comply with shipping obligations shall be borne by the Seller.
G. Order Fulfillment and Cross-Platform Sales
- The Seller shall ensure that all listed products are available for immediate sale. If a product has been sold on another platform and not promptly removed from the Platform, such conduct will be recorded and may affect the Seller’s transaction performance, account ratings, or result in management measures.
- The Seller shall complete order confirmation and processing (including shipment arrangements) within two (2) business days from the date an order is established. The calculation of business days and applicable exceptions shall be subject to Platform rules.
- Failure to complete order processing within the prescribed time limits may result in order cancellation, temporary product removal, or other management measures.
H. Settlement and Payment
- A transaction shall be deemed completed when:
- The buyer confirms receipt of the product; or
- The buyer fails to raise any objection within four (4) business days from the date of receipt.
- Upon transaction completion, the Seller’s payable amount shall be credited into the Seller’s Kongsee Wallet.
- Wallet balance may be used on Kongsee immediately or withdrawn by the Seller in accordance with the withdrawal rules published by the Platform. Approved withdrawals are targeted to arrive within five (5) working days.
- During dispute handling, refund review, or violation investigations, the Platform may suspend settlement or payment of relevant funds until resolution.
I. Piracy, Misdelivery, and Book Condition Disputes
- Where a buyer reports piracy, misdelivery, or material inconsistency with product descriptions, and such claim is verified by the Platform, the Seller shall be required to issue a refund.
- Once a refund is confirmed, the Seller shall refund the full amount paid and bear the original outbound shipping costs paid by the buyer.
- After a refund is confirmed, the Seller may decide whether to retrieve the product. If retrieval is requested, all return shipping costs shall be borne by the Seller.
- Material discrepancies include, but are not limited to:
- Representing second-hand books as new.
- Shipping incorrect or mismatched products.
- Undisclosed damage such as moisture, mold, stains, odors, insect damage, or heavy markings.
- Other conditions materially affecting readability or value.
- Verified violations may result in rating deductions, product removal, account restrictions, or service termination.
- All dispute determinations and handling decisions shall be subject to the Platform’s final discretion.
J. Seller Rating System
- The Platform maintains a seller performance and rating system.
- Seller ratings may affect product exposure, recommendations, and access to Platform features.
K. Platform Rights and Limitation of Liability
- The Platform provides only intermediary, system, and basic management services and bears no guarantee, compensation, or joint liability for disputes arising from seller or buyer conduct, product issues, logistics, or factors beyond reasonable control.
- The Platform reserves the right to take necessary measures against violations to protect Platform operations and users.
L. Amendment and Platform Rules
- The Platform may amend this Agreement due to operational needs. Amendments shall take effect upon notice or announcement. Continued use constitutes acceptance.
- Platform rules, policies, and guidelines published from time to time shall form an integral part of this Agreement and have equal legal effect.
M. Force Majeure
- The Platform shall not be liable for failure or delay caused by force majeure, including natural disasters, governmental actions, system failures, or third-party service disruptions.
N. Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of Malaysia.
