Terms of use

Last updated: 01 September 2020

These terms apply to your access to and use of Mecommi Service, starting 15th of September 2020 on www.mecommi.com (the Platform). This service is provided by Mecommi. By clicking “Accept” or by accepting an order on the Platform you confirm that:

  • You have the authority to do so and to bind the person or company you are accepting for.

  • You accept our offer to provide a third-party Delivery Service on these terms.

  • You agree to and will comply in full with these terms. 

 

This forms a contract between you and Mecommi, which commences on the date of your acceptance.  You should save a copy of these terms for your records.  We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Delivery Service after being notified of a change, you’re deemed to have accepted that change.

If you have questions about these terms or our third-party Delivery Service contact hello@mecommi.com.

If we need to contact you, we’ll do so via the email address you have provided to us.

 

What is Delivery Service

Through its third-party Delivery Service, Mecommi will provide you with a next-day ordering process that enables customers to place orders with you for delivery on the Platform in the local postcode in the UK (Delivery Orders). We may agree to amend the Sites from time to time. Mecommi will also provide Delivery Services and Customer Support Services for your Delivery Orders - see more on this below. 

By signing up to our third-party Delivery Service, you authorise Mecommi to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders. 

Customer payments made in respect of orders placed with you through the Delivery Service will be held by Mecommi on your behalf; payment to Mecommi settles the customer’s payment obligation to you for these orders. 

 

Service Fees 

Your use of the Service is subject to our applicable service fee of 7%. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Delivery Service Fee).  

We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time.  We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations. 

 

Welcome Benefit

  1. As a new Vendor at Mecommi, you are entitled to claim a Welcome Benefit ("Welcome Benefit") which is offered to Vendors when they join Mecommi.

  2. The Welcome Benefit is valid for three months of launching Mecommi, until the 15th of December 2020, and includes 100% discount on all Administration Fees.

  3. After this three month period, the Welcome Benefit is no longer available, and an Administration Fee of 7% will be charged on each order on Mecommi.

  4. The Welcome Benefit may be claimed by Vendors even if they choose to cancel their membership prior to the end of the three month period.

  5. This Welcome Benefit is not transferable.

What we will do 

  • If you are new to Mecommi, when you accept these terms we will onboard you onto our Platform. You agree that we may subcontract part of the onboarding process.

  • We will, subject to our rights to suspend your use of Delivery Service under these terms, display your site/s and products on the Platform as available for Delivery Orders.

  • We will facilitate and implement a next-day ordering process which will enable customers to place and pay for Delivery Orders on the Platform.

  • Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally human contact centre at no further cost to you.

  • Procure the delivery of Delivery Orders from you to the customer (Delivery Services) using third-party couriers authorised by Mecommi to carry out the Delivery Services (Couriers).

 

What you must do

You must:

Onboarding and set-up

  • Provide all information, materials and assistance reasonably required by Mecommi to onboard you to the Platform or launch Delivery Service for you.  You must ensure that the information you provide to Mecommi and customers in or in respect of your use of Delivery Service is complete and accurate in all material respects.

  • If you are new to the Platform, provide us with accurate descriptions of items to be offered in Delivery Service (including any relevant allergen advice and applicable VAT amounts). You agree that

(a) We may make limited and reasonable edits to item descriptions from time to time (including where legally required); and

(b) To ensure a great customer experience the prices for the items you provide for display on the Platform should be the same as the prices for items published in your store.

  • Display any third-party Delivery Service signage provided by Mecommi in accordance with our instructions.

Use of third-party Delivery Service 

  • Keep your pricing menu up to date - by giving us at least three days’ notice of changes you require us to make for you. 

  • Ensure that all relevant items are available to be ordered by a customer in a Delivery Order during your opening hours, and accept and reject Delivery Service orders as appropriate. 

  • Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry. 

  • Ensure that all Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.

  • Prepare Delivery Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that items:

(a) correspond with the descriptions on the Platform;

(b) are not harmful to health or the environment; and

(c) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery).

  • Ensure that Delivery Orders are available for collection by our Couriers in a timely manner.

  • Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Mecommi before the Delivery Order is handed over to the relevant Rider.

  • Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested. 

 

General Requirements

  • Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.

  • Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Mecommi policies made available to you from time to time.

  • Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Mecommi if you become aware of any breach of this clause.

  • Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.

  • Cooperate with Mecommi and provide, in a timely manner, such assistance and information as Mecommi may reasonably require. 

 

Intellectual property

Mecommi grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Mecommi branding, which includes the “Mecommi” logo, name and/or website address in the country you operate in to allow you to advertise Delivery Service at your sites. You must comply with any Mecommi policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights.  We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Delivery Service.

Except for these limited licences:

  • Mecommi retains ownership of and all rights in and to Mecommi branding; and

  • You retain ownership of and all rights in and to your branding. 

We may collect data about your use of Delivery Service. By using Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances. 

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect. 

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