Vendor Terms and Conditions
Seller Agreement
Myherbals.lk, hereinafter referred to as the “Platform” or “Marketplace”, operated by MYHERBALS.LK (PVT) LTD, a company duly incorporated under the Companies Act No. 07 of 2007 of Sri Lanka.
The “Vendor”, hereinafter referred to as the “Seller”, whose details are provided during the electronic onboarding process.
1. Legal Framework & Electronic Consent
1.1. Electronic Transactions Act: This Agreement is executed electronically and is legally binding in accordance with the Electronic Transactions Act No. 19 of 2006 of Sri Lanka. By clicking “Accept,” the Vendor consents to all terms electronically.
1.2. Authority & Licensing: The Vendor warrants that it possesses all necessary local business registrations, municipal licenses, and tax registrations, including VAT/SSCL where applicable, required to sell goods in Sri Lanka.
2. Product Compliance & Regulatory Standards
Because Myherbals.lk is a specialized wellness and organic platform, strict regulatory compliance is mandatory:
2.1. Statutory Compliance: All products listed by the Vendor must strictly comply with:
- The National Medicines Regulatory Authority (NMRA) Act No. 5 of 2015, for cosmetic or therapeutic claims.
- The Food Act No. 26 of 1980, for all herbal food, spices, and dietary supplements.
- The Department of Ayurveda guidelines, for traditional medicines, oils, and decoctions.
2.2. Prohibited Claims: Vendors are strictly prohibited from making unverified medical, curative, or instant cosmetic claims, such as instant whitening or permanently curing chronic illness, in product descriptions.
2.3. Pre-Approval Gatekeeping: The Platform reserves the right to keep any listed product in a “Pending Review” status until the Vendor uploads verifiable regulatory certification registration codes.
3. Fair Business & Consumer Protection, CAA Compliance
In compliance with the Consumer Affairs Authority (CAA) Act No. 9 of 2003 and the CAA Directive No. 2A of 2023, E-Commerce Operations:
3.1. Misleading Representations: The Vendor shall not post deceptive, misleading, or anti-competitive listings.
3.2. Price Transparency: The actual purchasing price posted on the storefront must be the final selling price. Vendors are prohibited from using disclaimers to counter false pricing claims.
3.3. Customer Reviews: The Vendor shall not publish false reviews, manipulate rating systems, or hire third parties to post biased reviews.
4. Fulfilment & Logistics Policy
4.1. Packaging Standards: The Vendor must package all products in secure, leak-proof, e-commerce-grade packaging. Liquid formulations, such as hair oils, shampoos, and syrups, must feature secondary shrink-wrapped or bubble-wrapped safety seals to prevent leakage during transit.
4.2. Nominated Delivery Partners: The Vendor is strictly required to hand over prepared packages to the Nominated Delivery Partner(s) designated officially by Myherbals.lk. Handing packages to unauthorized couriers constitutes a breach of this contract.
4.3. Service Level Agreement (SLA): The Vendor must mark an order as “Ready to Ship” and hand it over to the courier within 48 hours of receiving the order notification on the Vendor Dashboard.
5. Financial Terms, Commissions & Cash on Delivery, COD
5.1. Payment Cycle: 15 days collection cycle based on the monthly calendar dates and will be remitted via direct CEFT bank transfer to the bank account registered by the Vendor.
5.2. Commission Structure: The Platform will deduct a category-based commission, for example 10% to 20%, before executing vendor payouts.
5.3. Payment Settlements: Payouts will be processed once in every 20 calendar dates via direct CEFT bank transfer to the bank account registered by the Vendor.
5.4. COD & Reverse Withdrawal Mechanism: For Cash on Delivery (COD) orders where the delivery agent collects cash directly on behalf of the transaction, the collected cash flows to the Platform’s corporate account.
6. Intellectual Property & Brand Consistency
6.1. Platform Aesthetic Guardrails: To maintain a premium visual standard, the Vendor agrees to upload product imagery that strictly conforms to the Platform’s visual standards, such as clean backdrops, high resolution, and a default aspect-ratio layout.
6.2. Trademarks: The Vendor grants Myherbals.lk a non-exclusive, royalty-free license to use its brand logo, product photos, and trademarks solely for marketing and listing purposes on the Platform.
7. Indemnification, Liability & Dispute Resolution
7.1. Indemnification: The Vendor shall indemnify, defend, and hold harmless Myherbals.lk, its parent company, and directors against any claims, losses, or legal liabilities arising from product safety failures, skin irritation, lack of NMRA/Food Act compliance, or copyright infringements on listed content.
7.2. Limitation of Liability: Myherbals.lk acts strictly as an intermediary multi-vendor marketplace and is not liable for direct, indirect, or incidental damages caused by the quality, safety, or delivery of products sold by independent Vendors.
7.3. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.
7.4. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this contract shall be settled amicably through mediation. If unresolved, the dispute shall be referred to the exclusive jurisdiction of the Courts of Sri Lanka.