The exploreSOUS Marketplace is a curated platform where approved merchants of SOUS may list products and services for sale. These Marketplace Terms apply exclusively to merchants approved to sell via the exploreSOUS Marketplace. These terms supplement the SOUS Merchant Terms & Conditions, which govern all broader use of the SOUS operating system, including tools for commerce, marketing, and fulfilment.
1. Applicability
These Marketplace Terms apply exclusively to merchants approved to sell via the exploreSOUS Marketplace, and supplement the SOUS Merchant Terms & Conditions.
2. Roles
SOUS (Operating System) — Provides the technology, infrastructure, and platform services enabling Marketplace activity via the SOUS Portal; operates payment and payout systems for exploreSOUS orders; provides customer support; provides relevant marketing efforts; and enforces policy and quality standards.
Merchant (exploreSOUS Marketplace Participant) — Maintains accurate listings and stock availability; complies with food safety, consumer protection, and service level requirements; cooperates in resolving incidents or complaints.
3. Services Provided by SOUS
Commerce & Platform Support
SOUS provides each merchant with a digital storefront on the exploreSOUS Marketplace, managed through the SOUS operating system.
SOUS assists merchants in creating compliant listings and curates them to meet Marketplace quality standards.
The Portal provides the ability for Merchants to manage products and orders via the SOUS Merchant Portal.
SOUS may share data insights to improve sales performance and product visibility.
Fulfilment Services
Where applicable, SOUS connects professional logistics and last-mile delivery for Marketplace orders (“SOUS-Fulfilled”).
For SOUS-Fulfilled orders, SOUS provides customer service and manages the end-to-end experience.
Merchants handling their own fulfilment remain responsible for the delivery experience and must adhere to SOUS guidelines.
4. Merchant Requirements
Product Management
Merchants must keep listings up-to-date and ensure stock accuracy.
Products must be packaged and verified before handover. Missing or incomplete items may lead SOUS to issue refunds or discounts at its discretion.
Product Quality
Merchants must provide structured product data (descriptions, ingredients, allergen information) for listing and customer service purposes.
Listings must follow SOUS onboarding and packaging standards (see Appendix A).
Marketing
Merchants agree to collaborate with SOUS on co-marketing content.
Minimum: two joint marketing posts per quarter.
Merchants must provide at least one complimentary menu or product per quarter for marketing use (influencer, PR, or collection campaigns).
Customer Feedback
Merchants must act on feedback shared by SOUS. Persistent quality issues may result in compensations or removal from featured placements.
Price Parity Requirement
Products listed on exploreSOUS must not be priced higher than on any other channel, including the merchant’s own website, unless agreed in writing with SOUS.
SOUS may monitor external prices for compliance.
Merchants must correct discrepancies within three (3) calendar days or risk delisting or automatic price adjustment.
Exceptions: shipping or delivery costs may differ depending on fulfilment method.
5. Promotions
SOUS may run campaigns, discounts, or collections under the exploreSOUS brand at its discretion.
Promotional costs are covered by SOUS unless otherwise agreed in writing.
Merchants may be included in thematic Marketplace collections or seasonal campaigns and must supply all required materials within agreed timelines.
6. Intellectual Property
Each party retains its own intellectual property rights.
SOUS may use the merchant’s trademarks, images, and content for Marketplace promotion.
Any creative assets, imagery, or design work produced or funded (in full or part) by SOUS remain the property of SOUS.
7. Duration and Termination
The standard cooperation term is 18 months.
A performance review may occur after six (6) months.
Either party may terminate with two (2) months’ written notice.
If not terminated after six months, the agreement automatically continues for the remaining term.
Merchants must fulfil all outstanding orders post-termination.
8. Fulfilment & Delivery
SOUS-Fulfilled Orders — SOUS manages the complete fulfilment cycle from pick-up to last-mile delivery and customer service. Merchants are required to adhere to SOUS Fulfilment Guidelines to ensure streamlined service.
Logistics & Carrier — SOUS connects Merchants with logistics providers for order fulfilment. Merchants remain responsible for packing, handover, and compliance; logistics fees may be deducted from Merchant payouts. SOUS acts as intermediary and is not the carrier; see Merchant Terms for full allocation of logistics responsibility.
Merchant-Fulfilled Orders — Merchants managing delivery directly must ensure timely and high-quality fulfilment. SOUS may assist in identifying alternative delivery partners if needed.
9. Curated Marketplace
exploreSOUS is a curated marketplace to maintain a consistent brand and quality experience.
All new listings or updates must be reviewed and approved by SOUS before publication.
10. Liability
Merchants are responsible for correct packing and product completeness.
In the event of order errors or product omissions, SOUS reserves the right to issue customer compensation or adjust payouts accordingly.
11. Pricing & Fees
Subscription Fee — As per the selected SOUS plan (Launch, Grow, or Scale).
Commerce Fee — A commission on total order value, varying by plan tier and agreed at the time of acceptance into the exploreSOUS.com Marketplace.
Delivery Fees — Preferred agreed terms with relevant logistics and couriers at time of signing up.
Transaction Fee — €0.69 (excl. VAT) per order to cover payment processing.
12. Payments & Payouts
SOUS acts as Merchant of Record for all exploreSOUS transactions.
Payouts are made weekly following order fulfilment, net of Marketplace fees, promotions, and refunds.
SOUS may hold or delay payouts for unresolved complaints or disputes.
13. General Terms
By participating in the exploreSOUS Marketplace, the merchant confirms acceptance of these Terms, which operate in conjunction with the overarching SOUS Merchant Terms & Conditions.