Merchant Terms & Conditions

1. Platform Overview

inStore provides a digital platform that allows local retailers to showcase and sell their products to customers through the inStore mobile application and related services. The platform facilitates:

• Product discovery
• Product listings
• Ordering and checkout
• Payment processing
• Optional local delivery logistics

inStore acts solely as a technology platform and logistics facilitator connecting merchants and customers. inStore does not operate as a retailer and does not own the products sold on the platform.

2. Seller of Record

The Merchant is the seller of record for all products listed and sold through the inStore platform. The Merchant is fully responsible for:

• The sale of products
• Product ownership
• Product legality and regulatory compliance
• Product descriptions and representations
• Fulfillment of customer orders
• Compliance with applicable consumer protection laws

inStore does not manufacture, own, or sell the products listed by merchants. Customers purchase products directly from the Merchant.

3. Merchant Account and Eligibility

To sell on the inStore platform, the Merchant must:

• Operate a legally registered business
• Provide accurate business information
• Maintain up-to-date store information
• Comply with applicable laws and regulations

The Merchant must provide accurate information including:

• Business name
• Business address
• Contact details
• Store information

inStore may request verification information as required by applicable regulations. inStore reserves the right to suspend or terminate merchant accounts that provide inaccurate or misleading information.

4. Product Listings

Merchants may list products available in their physical store or online catalog. The Merchant is responsible for ensuring that all product listings are:

• Accurate
• Truthful
• Up to date
• Legally compliant
• Available for sale

The Merchant determines:

• Product assortment
• Pricing
• Product availability
• Product descriptions

inStore may remove or disable listings that violate these Terms or applicable laws.

5. Product Content License and Image Rights

By listing products on the inStore platform, the Merchant grants inStore a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and store the following content:

• Product images
• Product descriptions
• Product specifications
• Trademarks and brand names
• Catalog information
• Store name and store logo

This license allows inStore to display such content on:

• The inStore mobile application
• The inStore website
• Marketing materials
• Product discovery interfaces
• Customer order pages
• Logistics and fulfillment systems

The Merchant authorizes inStore to import, synchronize, store, and display product catalog data from the Merchant's website, ecommerce systems, or other digital sources where the Merchant has authorized such access.

Product images and related catalog content may originate from brands, manufacturers, distributors, or the Merchant itself, and may be used on the platform solely for the purpose of enabling product discovery, marketing, and the sale of the Merchant's products.

6. Merchant Warranty Regarding Content Rights

The Merchant represents and warrants that:

• It has the legal right to sell the listed products
• All products are authentic and legally sourced
• It has the necessary rights or licenses to use product images, descriptions, and brand references associated with the products
• It has the right to grant inStore permission to display and use such content on the platform

Where product images or content originate from third-party brands, manufacturers, or distributors, the Merchant confirms that its use of such materials is authorized and that such authorization permits their use in connection with the resale and marketing of the products.

The Merchant further confirms that the use of such content by inStore for the purpose of listing and facilitating the sale of the Merchant's products does not infringe any third-party intellectual property rights.

7. Content Responsibility

The Merchant remains solely responsible for the legality and licensing of all product content provided or imported through the platform. inStore shall not be responsible for verifying the ownership or licensing status of product images or brand content provided by the Merchant.

8. Orders and Fulfillment

When a customer places an order through the inStore platform:

• The order is placed with the Merchant
• The Merchant accepts the obligation to fulfill the order

The Merchant is responsible for:

• Order accuracy
• Product preparation
• Product condition
• Packaging

inStore may provide technology and logistics services to facilitate the order process.

9. Delivery Services

inStore may provide local delivery services through couriers or logistics partners. Delivery services facilitate the transportation of products from the Merchant to the customer. The Merchant must ensure that products are properly prepared and packaged for delivery.

10. Payments

Payments for orders placed through the inStore platform are processed through Stripe or other integrated payment service providers. Customer payments are collected through the platform and distributed to the Merchant according to the payout schedule.

The standard payout schedule is every three (3) days. Merchants may request longer payout schedules to align with their own refund or return policies. Extending the payout schedule allows the Merchant to maintain sufficient funds for potential refunds before funds are transferred to the Merchant's bank account.

11. Platform Commission

inStore charges a platform commission of 5% on each completed transaction processed through the platform. The commission may be automatically deducted from payouts processed through the payment provider. inStore reserves the right to modify commission rates in the future with reasonable notice to merchants.

12. Refunds and Customer Protection

Merchants must maintain a clear refund or return policy. The standard inStore refund window is three (3) days, unless the Merchant chooses to extend the refund period. If a Merchant offers longer refund periods, payout schedules may be adjusted accordingly. Merchants remain responsible for honoring valid refund requests in accordance with their policies and applicable consumer protection laws.

13. Compliance and Product Safety

The Merchant is solely responsible for ensuring that products sold through the platform comply with:

• Applicable laws
• Product safety regulations
• Consumer protection laws
• Labeling requirements
• Intellectual property rights

inStore may remove products or suspend merchants if products are suspected to violate legal or regulatory requirements.

14. Brand and Copyright Complaints

If a brand owner, manufacturer, distributor, or intellectual property rights holder submits a complaint regarding product listings or images, inStore reserves the right to:

• Remove or disable the relevant product listings
• Request proof of rights from the Merchant
• Suspend listings while the matter is investigated

The Merchant agrees to cooperate with reasonable requests to resolve intellectual property concerns.

15. Intellectual Property of the Platform

All intellectual property related to the inStore platform, including software, design, technology, and platform infrastructure, remains the exclusive property of inStore Hub GmbH. Merchants may not copy, reproduce, modify, or reverse engineer any part of the platform.

16. Limitation of Liability

The inStore platform is provided on an "as available" basis. To the maximum extent permitted by law, inStore shall not be liable for:

• Product defects
• Product legality
• Merchant fulfillment failures
• Disputes between merchants and customers
• Losses arising from merchant products

The Merchant agrees to indemnify and hold harmless inStore from claims arising from:

• Products sold through the platform
• Product content provided by the Merchant
• Violation of applicable laws or third-party rights

17. Suspension or Termination

inStore reserves the right to suspend or terminate merchant accounts if the Merchant:

• Violates these Terms
• Provides illegal or unsafe products
• Infringes third-party rights
• Harms the integrity or safety of the platform

Merchants may stop using the platform at any time.

18. Governing Law

These Terms are governed by the laws of Switzerland. Any disputes arising under these Terms shall be subject to the jurisdiction of the courts of Zurich, Switzerland.

19. Acceptance

By creating a merchant account, connecting a store, or listing products on the inStore platform, the Merchant confirms that they have read, understood, and agreed to these Terms.