Terms and Conditions for Merchant Stimulus ( For Omni Street Merchants )

Omni Street Terms of Service

Welcome to Omni Street . 

Omni Street is a marketplace by Omni Street where Buyers will be able to enjoy the rights and privileges described in these Omni Street Terms of Services (“Terms”) when purchasing items on Omni Street from any participating Sellers. If you are a Buyer, you will be deemed to have consented to these Terms when you make purchases on Omni Street .  Similarly, if you are a Seller, you will be deemed to have consented to these Terms by your continued participation in Omni Street .  These Terms supplement all other Omni Street Policies.

Please read these Terms carefully. These Terms govern your use and access of Omni Street as a seller and is agreed between you (“Seller”, “you”, "your") and the Omni Street marketplace entity (individually, together, and collectively referred to in these Terms as “Omni Street ”, “our”, “we”, “us”) based on the country in which you register and/or elect to use a Service on the date (“Effective Date”) you click the “I have read and understood” button or any other similar button to complete your online sign-up process to become a seller on the Platform.

BY REGISTERING FOR, USING AND CONTINUING THE USE OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES ARE INCORPORATED BY REFERENCE.

Omni Street  reserve the right to revise, change, modify, alter or amend these Terms at any time without prior written notice. Please visit this page regularly to review for the latest and/or current terms. Your access or use of the features and services of Omni Street will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.

  1. Omni Street Refunds and Return Policy
    1. Buyer may apply for a refund and/or return of a Product purchased on Omni Street by completing the return/ refund slip attached to the parcel (the “Return Air Waybill”) and returning the Product to Seller at any time within fifteen (15) calendar days after the date that Product was first made available for Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Buyer received delivery of the Product; however, if Buyer did not receive the Product because of Buyer’s absence from the destination address or Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.

    2. Please note that Buyer must ship the Product to a location designated by Seller within three (3) days after the return request is raised and no later than the last day of the Free Return Period.  When returning the Product, Buyer must affix or otherwise include the Return Air Waybill.  The Return Air Waybill will be contained in the Product package delivered to Buyer.  The Return Air Waybill will also contain the return address to which the Product must be returned.  All Products that are returned must be returned via Pos Laju or a courier designated by Seller by no later than the last day of the Free Return Period.  Seller reserves the right to reject any application where the Return Air Waybill was completed after the Free Return Period or the Product was dispatched later than seven (7) days after the return request is raised (even if the Return Air Waybill was timely completed).

    3. The approval of your request for refund and return will be made by Seller in its sole discretion after reviewing your completed Return Air Waybill and inspecting the condition of the Product that was returned.  The Product that was returned to Seller must be, at a minimum, in the following conditions:

      • New and sealed condition;
      • Complete, with all items included in the purchase; and
      • With original product packaging and price tags.

      If any additional conditions apply to a certain Product, Omni Street will inform you via the Site, SMS or email.  The conditions for the Products subject to return are referred to as the “Return Conditions”.

    4. In addition, please note that certain types of Products may be excluded from the Refunds and Return Policy described in these Terms, including:

      • Digital goods, such as mobile top-up cards, audio or video recording or software;
      • Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
      • Goods that are not suitable for return due to health protection or hygienic reasons, such as earrings, cosmetics, swimwear, undergarments; and
      • Items sold by non-Omni Street sellers.

      If any Product is excluded from the Refunds and Return Policy described in these Terms, Omni Street will make reasonable efforts to publish that information on the Site or otherwise inform the Buyers; however, please note that our policies may change without notice at any time and certain Products may be subject to exclusion after Buyer has purchased them.  Any Product that is subject to exclusion from the Refunds and Return Policy described in these Terms is referred to as an “Excluded Item”.

    5. Omni Street reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these Terms (including the length of the Free Return Period), in each case, at any time at its sole discretion.

    6. Seller may reject in its sole discretion any returned Product (and the related request for refund and return):

      • that is an Excluded Item;
      • that does not meet the Return Conditions;
      • if the Return Air Waybill relating to such returned Product was completed after the expiration of the Free Return Period; or
      • if the Product was returned in a manner that does not comply with Section 1.2 above.

      Please note that Seller’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Buyer has completed the Return Air Waybill and/or returned the Product.

      If Seller rejects a request for refund and return, Seller will organize the delivery of such Product to the relevant Buyer’s address to which the Product was originally delivered, and Seller shall be entitled to seek compensation from such Buyer for any costs incurred in delivering the Product back to such Buyer.

    7. Omni Street reserves the right to terminate a Buyer’s access to Omni Street if it suspects any abuse of the Refunds and Return Policy described in these Terms, if Omni Street deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).

  2. Omni Street Seller Terms and Conditions
    1. If you are a Seller, you should have received a separate written notification from Omni Street informing you of your selection to participate in Omni Street .  If you decide not to participate in Omni Street at any time, please inform Omni Street in writing; otherwise, you will be deemed to have elected to continue your participation in Omni Street and consented to the terms and conditions set out in these Terms.

    2. Each Seller undertake, represent and warrant that the Product(s) it offers on Omni Street and actually delivered to Buyer

      • the Products are of merchantable quality, fit for their purpose, free from defects, and conform to their listed specifications;
      • the Products and their offer for sale are not prohibited and comply with applicable laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria) and conform with the Policies;
      • you will include all legally required documentation in relation to the Products (including warranty card, warranty information and invoice) and update the same when legally required, and shall provide Omni Street and/or Buyer any such document upon request;
      • you have full unencumbered title in the Products and in any materials incorporated in the Products and all the Products are supplied free of all liens, charges or other security interests;
      • the Products are not
        • Prohibited and Controlled Products;
        • Inadequate Product;
        • expired (or soon to be expired) Products; or
        • counterfeit Products;
      • you shall provide Omni Street with any documentation and information supporting your right to sell the applicable Products, including the right, license and/or permit to sell such Products, any documentation giving you the right to distribute the Products, and if needed, the notarized copy, invoice or other proof thereof at your cost;
      • in case of sale of refurbished Products, imported Products, white label Products, or non-OEM Products, you must comply and strictly follow Omni Street ’s specific content requirements and the specific guidelines defined for such Products on the content production manuals; and
      • you shall comply with standard operating procedures, import procedures, weight restrictions, size restrictions and other shipping and packaging requirements under the Policies and/or applicable law.

      Each Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of Items, and will hold Omni Street harmless from any losses relating to the foregoing.

    3. If you are found to have offered or sold any Product on Omni Street that violates the aforementioned,  Omni Street reserves the right to, at its sole discretion, remove the offending Product(s) from Omni Street , and execute refunds (and any adjustments) to Buyers who have purchased such Product, in which case Seller agrees to reimburse Omni Street for all such refunds (including any related costs and charges) and authorises Omni Street to deduct such amounts from any amounts payable to you or take such other action as deemed appropriate by Omni Street at its sole discretion.
  3. Omni Street 100% Authentic Product Policy
    1. All products listed by Sellers must be 100% authentic.

    2. Counterfeit products are prohibited from being listed in Omni Street .  The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:

      • A product that violates any local country laws in which they are sold;
      • A product that is a fake or a replica of an existing official product;
      • A product that has never been produced by a specific brand;
      • A product that is significantly under-priced;
      • A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorisation of the trademark owner;
      • A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
      • A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
      • A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
      • Usage of a photo on the listing that contains the trademark of a brand.
    3. Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.

    4. If requested by Omni Street , the Seller shall promptly provide documentation to Omni Street that proves (to Omni Street’s reasonable satisfaction) the authenticity of the Product including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).

    5. If the Seller fails to provide Proof of Authenticity, the Seller shall:

      • accept the return of the Product from the Buyer;
      • refund to the Buyer the amount that the Buyer paid for the Product or, where Omni Street has already refunded this amount to the Buyer, the Seller shall refund such amount to Omni Street;
      • be liable to compensate Omni Street for such other costs, expenses, losses and liabilities suffered or incurred by Omni Street (including, but not limited to, loss of goodwill) as determined at Omni Street’s sole discretion.
    6. In the event that Omni Street determines, at its sole discretion, that Seller has violated Section 3, Omni Street may take all appropriate measures, including but not limited to removing the counterfeit Product listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Seller's Omni Street account and/or access to Omni Street .  Seller's obligations and liabilities under these Terms will not be affected by the restriction, suspension or termination of the Seller’s account.

  4. Omni Street Commission Fees
    1. Omni Street charges a fee for all successful transactions completed by Sellers on the Site (“Omni Street Commission Fee”). The Omni Street Commission Fee is borne by the Seller, and is calculated as one percent (1%) of the Gross Settlement Price, rounded up to the nearest cent. The Gross Settlement Price for a Product is the Buyer’s Purchase Monies for that item, plus any Omni Street rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product shall be at Omni Street’s sole and absolute discretion.  The Omni Street Commission Fee is subject to SST (“Omni Street Tax Amount”), and the Omni Street Seller is responsible for such Omni Street Tax Amount.

    2. Following the successful completion of a transaction, Omni Street shall deduct the Omni Street Commission Fee and the Omni Street Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Seller. Omni Street shall issue receipts or tax invoices for the Omni Street Commission Fee and Omni Street Tax Amount paid by Seller on request.