1. Applicability
These Marketplace Terms apply only if the Merchant is approved to list and transact via the SOUS Marketplace. These terms supplement the SOUS Merchant Terms & Conditions and govern all Marketplace-related activity.
2. Roles
SOUS: Curates listings; provides the SOUS Portal; operates payment services and payout services for Marketplace orders; provides customer support; manages logistics where SOUS-Fulfilled; enforces quality and policy standards.
Merchant: Maintains accurate listings/stock; prepares and hands over orders per this MOG; complies with food safety and consumer laws; meets service levels; cooperates on incidents.
3. Services Provided by SOUS
Commerce Support:
SOUS will provide the merchant with a unique online presence on the SOUS platform, giving them a digital storefront to display their products to customers.
SOUS will assist the merchant in ensuring that product listings on the platform meet quality standards and will publish the listings with the merchant (following SOUS guidelines and requirements).
SOUS will provide product and order management software, through the SOUS merchant Portal, or other method as required,
SOUS will also share customer and/or data insights to help improve product performance.
SOUS merchant Portal
SOUS provides the tech and platform for merchants to effectively manage their sales environment.
This includes product management and order management software that enables the merchant to focus on their business.
Fulfilment Service:
If applicable, SOUS will ensure the professional delivery of orders (unless the merchant handles shipping directly).
If products are delivered by SOUS, we will provide customer service for the entire ordering and delivery process, offering support to customers if issues arise.
4. Merchant Requirements
Product Management:
The merchant is responsible for keeping their product listings up-to-date and ensuring that the products displayed on SOUS are always available.
The merchant will meticulously pack and verify that each menu, product or service is complete. If any essential item is missing, SOUS reserves the right to determine the appropriate refund and/or discount to provide to the customer.
Product Quality:
The merchant will deliver a structured overview of each menu for customer service purposes, including descriptions of menu items, ingredients, and allergen information.
The merchant will follow onboarding guidelines provided by SOUS to properly list and manage products.
Merchant will ensure Products are packaged correctly in accordance with Appendix A
Marketing:
Accept all collaboration posts with SOUS
Minimum posts per quarter: 2
Feedback Implementation:
The merchant will implement customer feedback shared by SOUS to improve the quality of their offerings. If repeated complaints are not resolved, SOUS may compensate future customers for similar issues.
Price Parity Requirement:
The merchant will maintain price parity for their products or service between SOUS and any other online marketplaces or retailers or their own website, (excluding shipping costs).
The merchant commits to ensuring that products listed on SOUS cannot be sold on any other online marketplaces, merchant websites, or online retailers at a lower price than their listed price on SOUS. This clause applies to all pricing factors, including promotional discounts, bundles, or special offers.
Price Verification: SOUS reserves the right to periodically monitor the prices of merchant's products on other platforms and retailers to ensure compliance with this clause. The merchant shall provide any necessary pricing information upon request.
Non-Compliance Measures: If SOUS identifies a pricing discrepancy where products are found cheaper elsewhere:
The merchant will be notified and must immediately correct the discrepancy by adjusting prices on the other marketplaces or retailers to align with SOUS.
If the merchant fails to comply within three calendar days, SOUS reserves the right to adjust the prices of the products to adhere to the price parity requirement or remove the merchant's products from the platform until price parity is restored.
Exceptions: The only exceptions to the Price Parity Requirement are:
Shipping costs, which may vary depending on the fulfilment method.
5. Promotions
SOUS reserves the right to run discounted specials, deals or giveaways of the merchant menu, product or services at the sole discretion of SOUS. These specials will at all times adhere to the SOUS brand principles. The costs of these will be allocated to SOUS, unless explicitly agreed with the merchant.
SOUS may include merchants in relevant promotions and agree upon a split in the costs and or fees for these promotions.
SOUS reserves the right to include merchants in various collections across the platforms. All content and menus should be provided in the required time as provided by SOUS Marketing Teams.
Merchant to provide SOUS with at least one complimentary menu or product per quarter for marketing purposes (influencer marketing, collection marketing etc)
6. Intellectual Property
Both SOUS and the merchant retains all rights to its intellectual property related to the Products or Services.
SOUS may use merchant's trademarks, logos, and product images for the purpose of promoting the Products on the platform.
Any imagery or design that is paid for in part or in full by SOUS, remains the property of SOUS at all times
7. Duration and Termination
The initial term of cooperation is 18 months. After 6 months, SOUS and the merchant will conduct a review to assess the initial period.
Either party can terminate this terms agreement with two months' written notice. If there is no notice after 6 months, the terms agreement will automatically extend for the remaining 12 months.
The merchant will fulfil any outstanding orders after terminating the merchantship.
8. Delivery Days and Collection Times
SOUS Fulfilment
SOUS is responsible for the fulfilment of each order and will ensure the full customer journey from collection to delivery and after-sales support services
Merchant Fulfilment
The merchant is responsible for fulfilling orders through the SOUS platform and ensuring smooth delivery.
If the merchant encounters issues with fulfilment, SOUS will help find alternative delivery methods.
9. Curated Platform
SOUS performs a curated platform strategy in order to ensure overall quality for both our Community and our merchants.
New product listings, or existing product amendments, require approval before listing or modifying products for sale to ensure consistent quality for visitors.
10. Liability
Subscription Fee: Based on the selected plan
Commerce Fee: SOUS charges a fee on the total order value based on the subscription package selected. Based on the selected plan
Delivery Fees are paid through the platform to the delivery partner:
Chilled Logistics:
Collection fee (excl.. vat): €15 + €0,80 per colli
Last-Mile Delivery Fee (excl. vat): €16,50 per delivery + €2,00 per colli
Transaction: A fixed fee per transaction is charged to cover the payment costs:
€0,69 (excluding VAT)
12.Payments & Payout Process
SOUS is the Merchant of Record and handles customer payment;
Payouts to Merchants are made in the week after order fulfilment, net of Marketplace fees, discounts and refunds (see Schedule 3);
SOUS may delay payouts in the case of unresolved issues or complaints.
13. General Terms
By accepting these terms & conditions, the Merchant agrees to these terms, which operate alongside the core Merchant Terms and Conditions
Appendix A — Packaging Checklist (Quick Reference)
Tamper-evident or sealed inner packaging
Insulation for chilled/frozen; gel packs as needed
Outer carton crush test ≥ 32ECT equivalent
Include order ID and return address