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In this Agreement, unless the context otherwise requires, the following terms shall have the meanings set forth below. This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain, including, but not limited to, Law No. 4 of 2002 regarding the issuance of the Commercial Companies Law, Decree-Law No. 18 of 2018 regarding Personal Data Protection, and the Consumer Protection Law issued under Decree-Law No. 35 of 2009.
"Platform" means the Tendzd electronic marketplace, available via the website tendzd.com, and all associated mobile applications, sub-domains, and digital services operated by Tendzd W.L.L., a company registered in the Kingdom of Bahrain under the commercial registration number issued by the Ministry of Industry and Commerce.
"Merchant" or "Seller" means any natural person, sole proprietorship, partnership, or corporate entity that has registered on the Platform and obtained approval to display, sell, and distribute products and/or services through the Platform to consumers in the Kingdom of Bahrain and permitted jurisdictions.
"Products" means all physical goods, digital products, commodities, and tangible items offered for sale by the Merchant via the Platform. "Services" means any professional, technical, or personal services provided by the Merchant via the Platform.
"Consumer" means any natural person who purchases products or services via the Platform for personal, family, or household use, and whose actions do not fall within the scope of a profession, trade, or business.
"Commercial Registration" means the commercial registration number issued by the Ministry of Industry and Commerce in the Kingdom of Bahrain.
"Commission" means the percentage of fees collected by Tendzd from the Merchant for each successful transaction processed through the Platform, as specified in the fee schedule attached to this Agreement as Annex (A).
To register as a merchant on the Tendzd platform, the applicant must meet the following criteria in accordance with the requirements of Bahraini law. The applicant must be at least eighteen (18) years of age, and hold a valid Bahraini commercial registration issued by the Ministry of Industry and Commerce, or be registered as a sole proprietorship holding the necessary municipal and commercial licenses. Foreign merchants are permitted to apply provided they possess a commercial agency registration or a branch as required by the law of the Bahraini Ministry of Industry and Commerce.
The merchant must provide accurate, complete, and up-to-date information during the registration process, including but not limited to: the legal name of the entity, trade name, commercial registration number, business address within Bahrain, authorized representative data, valid contact information (email and phone), and banking details with a valid Bahraini IBAN.
All provided information is subject to verification by Tendzd, and any misrepresentation or omission may lead to the immediate suspension or termination of this Agreement.
Tendzd reserves the right to approve or reject any merchant application at its absolute discretion, based on compliance with this Agreement, applicable laws, and the platform's own quality standards. Approved merchants will receive a confirmation message via email and will be granted access to the merchant control panel to manage products and services.
Merchants are required to keep their registration information updated at all times. Tendzd must be notified of any changes to the trade name, address, contact details, banking information, or commercial registration status within fifteen (15) business days. Failure to maintain accurate information may lead to account suspension pending verification.
All products and services displayed by the Merchant on the Platform must comply with the laws and regulations of the Kingdom of Bahrain, including, but not limited to, the standards specified by the Bahraini Directorate of Quality and Metrology, the Gulf Standardization Organization (GSO), and any other relevant regulatory authority. Products must be genuine and exactly match the description provided in the listing, including accurate specifications, images, dimensions, weight, materials of origin, and any applicable warranties or guarantees.
Product listings must include, at a minimum: an accurate title and description of the product in Arabic or English (or both), high-quality images (a minimum of 3 photos per listing showing different angles), accurate pricing in Bahraini Dinars (BHD) while displaying the applicable Value Added Tax (VAT) at a rate of 10% as per the requirements of the National Bureau for Revenue (NBR) in Bahrain, the product's weight and dimensions for shipping calculation, stock availability status, estimated processing time, and the return and exchange policies specific to the product category.
Merchants are expressly prohibited from listing the following: counterfeit or copied goods; products that infringe upon the intellectual property rights of any third party (including trademarks, copyrights, and patents); hazardous materials or substances prohibited under Bahraini environmental regulations; weapons, ammunition, and explosives of all kinds; products that require a special license (medicines, medical devices, and food products) without the approval of the Bahraini Ministry of Health or the National Health Regulatory Authority (NHRA); tobacco and alcohol products unless under a special license; and any other products deemed illegal or objectionable under Bahraini law or the Platform's policies.
The Merchant bears full responsibility for ensuring that all displayed products comply with all applicable consumer protection laws, packaging requirements, safety standards, and import/export regulations of the Kingdom of Bahrain. Tendzd reserves the right to remove any product listing that, in its reasonable discretion, violates these requirements or poses a risk to consumers.
All displayed prices for products and services on the Platform must be denominated in Bahraini Dinars (BHD) and must include the applicable Value Added Tax (VAT) at the rate determined by the Bahrain National Bureau for Revenue (currently 10%). The Merchant must ensure that the total price displayed to the consumer fully includes all fees, costs, and taxes, without any hidden costs or surprise fees at checkout. The displayed price must represent the final amount to be paid by the consumer, excluding optional shipping fees where applicable.
Tendzd charges a commission fee on every successful transaction completed through the Platform. The standard commission structure is as follows: Product Sales – a commission ranging from 5% to 15% of the total transaction value (excluding VAT and shipping) depending on the product category and merchant tier; Service Bookings – a commission ranging from 8% to 12% of the booking value; Subscription or Recurring Services – a commission ranging from 5% to 10%. The Merchant will be notified of the specific commission rate upon approval, and Tendzd may review and amend it with thirty (30) days prior written notice.
In addition to the commission, the Merchant may be subject to payment processing fees (typically from 1.5% to 3% per transaction depending on the payment method), listing enhancement fees for premium positioning, promotional or advertising fees, and express withdrawal fees for transfers outside the regular settlement cycle. All fees are exclusive of VAT, and Tendzd will issue a tax invoice in accordance with Bahraini VAT regulations.
Tendzd operates on a transparent pricing model with no registration or setup fees. Fees are collected from the Merchant only upon the successful completion of a sale. Payments to the Merchant are processed on a weekly or bi-monthly basis, with funds transferred directly to the Merchant's registered bank account in Bahrain via IBAN transfer. Settlement reports and invoices will be available through the merchant control panel.
The Merchant bears the responsibility for fulfilling and delivering all orders received through the Platform, unless the Merchant has subscribed to Tendzd's fulfillment services where available. All orders must be processed and shipped within the time specified in the product listing, which must not exceed five (5) business days from order confirmation unless otherwise agreed upon. The Merchant must utilize reliable shipping companies approved by Tendzd and provide tracking information for all shipments within twenty-four (24) hours of dispatch.
Delivery must be made to the specific delivery address designated by the consumer within the Kingdom of Bahrain. For deliveries within Bahrain, the Merchant must ensure delivery within the provided time window specified at the time of purchase. Cross-border shipping to other GCC countries may be permitted, subject to compliance with the applicable customs and import regulations of the destination country.
The Merchant must securely and properly package all products to prevent damage during transit, in accordance with industry best practices and any specific handling instructions relative to the product type. The Merchant bears the risk of loss or damage to the products until they are delivered to and accepted by the consumer.
In the event of delayed, damaged, or incorrect delivery, the Merchant must work directly with the consumer and the Tendzd support team to resolve the issue immediately. Repeated fulfillment failures may lead to penalties including increased commission rates, reduced visibility on the Platform, or account suspension.
The Merchant acknowledges and agrees to comply with the Bahraini Consumer Protection Law (Decree-Law No. 35 of 2009) and the regulations issued thereunder. Under Bahraini law, consumers have the right to return defective or non-conforming goods within a reasonable period. Furthermore, for online purchases, consumers generally have the right to withdraw within fourteen (14) calendar days from the date of receipt of the goods, provided that the goods are in their original, unused condition and in the original packaging.
The Merchant must clearly display the return and refund policy in each product listing, including: the return period (a minimum of 14 days for non-perishable goods in accordance with Bahraini law), the conditions for return (e.g., unused, original packaging), the refund processing duration (a maximum of fifteen (15) business days from receipt of the returned goods), and non-returnable items (hygiene products, perishable goods, customized goods) with a clear justification.
All refunds must be processed using the same original payment method used for the purchase. In cases where the consumer exercises the right of withdrawal within the statutory period, the Merchant must refund the full purchase price including any delivery fees, while the consumer bears the cost of returning the goods unless the goods are defective or non-conforming to the description. For defective products, the Merchant must bear the return shipping costs and provide a full refund or replacement at the consumer's option.
Tendzd may, at its discretion and in its role as the platform operator, facilitate the settlement of disputes between merchants and consumers. In cases where a consumer files a legitimate complaint and the Merchant fails to resolve it within the specified timeframe (generally five (5) business days), Tendzd may issue a refund to the consumer on behalf of the Merchant, and the corresponding amount will be deducted from the Merchant's next settlement.
Both parties acknowledge their obligations under the Bahraini Personal Data Protection Law (Decree-Law No. 18 of 2018) and any regulations issued thereunder. Tendzd, in its capacity as the platform operator and data controller, collects, processes, and stores Merchant data solely for the purposes of operating the Platform, processing transactions, providing support services, and complying with applicable legal requirements. The Merchant's data will be stored on secure servers and will not be transferred outside the Kingdom of Bahrain without the prior written consent of the Merchant, except as required to execute cross-border transactions in accordance with applicable data transfer mechanisms.
The Merchant acknowledges that, during the use of the Platform, it will collect personal data from consumers (such as names, delivery addresses, telephone numbers, and payment information). The Merchant agrees to process this personal data of consumers strictly in accordance with the Bahraini Personal Data Protection Law, to use this data solely for the purpose of fulfilling the relevant order or service, and not to retain the consumer's personal data for longer than necessary or use it for marketing purposes without the express consent of the consumer.
Both parties shall implement appropriate technical and organizational security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction. In the event of a personal data breach that could result in a risk to the rights and freedoms of individuals, the affected party must notify the other party without undue delay and cooperate in any subsequent investigation and notification to the competent data protection authority.
Upon termination of this Agreement, Tendzd will retain the Merchant's data for a period of five (5) years as required under Bahraini commercial record-keeping regulations, after which it will be securely deleted unless its retention is required for ongoing legal proceedings or compliance obligations.
All intellectual property rights in the Platform, including but not limited to the Tendzd trademark name, logo, trademarks, service marks, trade dress, website design, software, user interface, and proprietary technology, are and shall remain the exclusive property of Tendzd or its licensors. This Agreement does not grant the Merchant any license, right, or interest in any of Tendzd's intellectual property beyond the limited right to use the Platform and its features as a registered merchant.
The Merchant grants Tendzd a non-exclusive, worldwide, royalty-free right to use, reproduce, display, distribute, and modify product images, product descriptions, store name, store logo, and any other content provided by the Merchant for the purposes of operating, promoting, and improving the Platform. This license shall remain in effect after the termination of this Agreement for the period necessary to wind down the Merchant's presence on the Platform.
The Merchant acknowledges and warrants that all products and content displayed on the Platform do not infringe upon the intellectual property rights of any third party. The Merchant shall indemnify and hold Tendzd harmless from any claims, damages, or liabilities resulting from the infringement of intellectual property rights related to the products or content displayed by the Merchant. In the event that Tendzd receives a valid intellectual property complaint regarding the Merchant's products, Tendzd may remove the affected listings pending investigation and suspend the Merchant's account if the complaint is substantiated.
This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain. The parties agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, or termination, through amicable negotiation in good faith. Either party may initiate negotiations by providing written notice to the other party describing the nature of the dispute and proposing a solution.
If the dispute is not resolved through negotiation within thirty (30) days from the initial notice, the parties agree to refer the dispute to mediation administered by an agreed mediator in the Kingdom of Bahrain. If mediation fails to resolve the dispute within sixty (60) days of its commencement, either party may refer the dispute to the competent courts in the Kingdom of Bahrain, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Bahrain. For commercial disputes exceeding BHD 10,000, the case shall be brought before the Commercial Court at the High Bahraini Civil Court.
Notwithstanding the foregoing, Tendzd may seek to obtain protective measures or equitable remedies before any court of competent jurisdiction to prevent irreparable harm, including but not limited to the unauthorized use of intellectual property, disclosure of confidential information, or violation of consumer protection obligations.
This Agreement shall commence on the date of the Merchant's acceptance and shall remain in force for an initial term of one (1) year, and shall thereafter automatically renew for subsequent periods of one (1) year each unless terminated by either party in accordance with this Article. Either party may terminate this Agreement without cause by providing thirty (30) days' prior written notice to the other party.
Either party may terminate this Agreement immediately upon written notice if: the other party commits a material breach of this Agreement and fails to remedy such breach within fifteen (15) days from receipt of a written notice specifying the breach; the other party becomes insolvent, enters into liquidation, has a receiver appointed, or makes an assignment for the benefit of creditors; the other party is convicted of a criminal offense related to fraud, theft, or violation of consumer protection laws; or if the Merchant's commercial registration is canceled, suspended, or expired.
Upon termination, the Merchant must: immediately cease displaying new products and services on the Platform; fulfill all pending orders received prior to the termination notice (unless otherwise agreed); return all materials and equipment owned by Tendzd; settle all fees and commissions due to Tendzd within thirty (30) days of termination; and allow Tendzd to display the Merchant's active listings for a wind-down period of fourteen (14) days to fulfill pending orders.
The following provisions shall survive termination: intellectual property licenses, indemnities, data protection obligations, limitations of liability, governing law and dispute resolution, and any other provisions which by their nature should survive termination. The termination of this Agreement shall not affect any rights or obligations that arose prior to the date of termination.
To the maximum extent permitted by the law of the Kingdom of Bahrain, Tendzd shall not be liable to the Merchant for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of reputation, or loss of data, arising out of or in connection with this Agreement or the use of the Platform, regardless of the cause of action or theory of liability, even if Tendzd has been advised of the possibility of such damages.
The total aggregate liability of Tendzd to the Merchant for all claims arising out of or in connection with this Agreement shall not exceed the total commissions paid by the Merchant to Tendzd during the twelve (12) month period immediately preceding the event giving rise to the claim. This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory.
Tendzd provides the Platform on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tendzd does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.