賣家條款及細則

1. The Platform and the parties

MercadoBon is an online marketplace connecting verified local businesses with buyers on Bonaire. Three different parties appear in these Terms, and they are not the same as each other. The words below carry the meaning given here wherever they are capitalised.

• MercadoBon, or the Platform — the marketplace at mercadobon.com and in the MercadoBon apps, operated by PhaseShift Technologies B.V.. Where these Terms say what MercadoBon does, owes or is responsible for, they mean PhaseShift Technologies B.V..
• the Seller, or you — the business registered to list and sell goods or services on MercadoBon. In these Terms, and only in these Terms, you and your always mean the Seller. The Seller is an independent business, not an employee, agent, partner or representative of MercadoBon, and has no authority to bind MercadoBon to anything.
• the Buyer — the person with a MercadoBon account who places an Order. The Buyer contracts with the Seller for the goods or services, and with MercadoBon for the use of the Platform. The Buyer's own terms are the Terms of Sale, the Refund & Returns Policy, the Delivery & Collection Policy and the Privacy Policy published on MercadoBon; the Seller is not a party to them, but section 9 requires the Seller to honour the Buyer rights they set out.
• an Order — one Seller's part of a Buyer's basket. A basket holding items from several Sellers becomes one Order for each of them, confirmed, prepared and delivered separately.
• a Delivery Partner — an independent transport company, not part of MercadoBon, that MercadoBon books to deliver Orders and that is responsible for those deliveries. Today MercadoBon's only Delivery Partner is EAA Transport. The Seller delivering their own Orders is not a Delivery Partner.
• a Driver — the person who carries an Order: a Driver for a Delivery Partner, working for that Delivery Partner and never for the Seller, or the Seller's own driver, for whom the Seller is responsible.

MercadoBon provides the Platform: the Seller's storefront, their listings, the Order flow, notifications, billing and — where the Seller uses it — booking a Delivery Partner to deliver.

The Seller sells to the Buyer. The contract for the goods or services is between the Seller and the Buyer, and the Seller remains responsible for what they sell: that it matches the listing, that it is of satisfactory quality, that it is safe and lawful, and that it is handed over as agreed. MercadoBon does not hold the Seller's inventory and does not inspect their products before they are listed.

Whoever makes a delivery is responsible for it. Where a delivery is made by a Delivery Partner, MercadoBon arranges it and the Delivery Partner is responsible for it, as set out in section 10. A delivery the Seller makes themselves is the Seller's responsibility. MercadoBon makes no deliveries itself.

One of MercadoBon's core purposes is to democratise access to wholesale pricing on Bonaire. Sellers may set wholesale prices on their products, and these prices are visible to all registered Buyers. MercadoBon does not restrict wholesale pricing visibility to any particular Buyer category.

2. Account Types

MercadoBon has two account types:

• Seller / Business: registers to list products and services on the Platform. Subject to KvK verification and all Seller obligations described in these Terms.
• Buyer: any individual or business that registers to browse and purchase from the Platform. All registered Buyers can see pricing and place Orders.

Buyers must create a free account to place Orders. Prices are public: anyone visiting MercadoBon can see them.

A Driver is not an account type on the marketplace. A Delivery Partner's Drivers hold their own driver logins, issued by MercadoBon, and Sellers have no access to them.

3. Seller Eligibility

To list products or services on MercadoBon the Seller must:

• Be a registered business with a valid KvK number in the Dutch Caribbean Chamber of Commerce registry
• Provide accurate business information during onboarding
• Respond to verification requests within 5 business days
• Maintain a valid WhatsApp number for Order notifications and Platform communication

MercadoBon reserves the right to reject or remove any Seller application at its sole discretion without obligation to provide a reason.

4. Verification

A business joins MercadoBon by requesting a Seller account. MercadoBon contacts every applicant personally to onboard them, verifies them against the KvK Dutch Caribbean Chamber of Commerce registry and agrees their monthly subscription and commission with them (section 5) before their listings go live. A Seller may not list products until verification is approved.

Providing false or misleading information during registration or verification is grounds for immediate permanent removal from the Platform.

5. Fees

5.1 Monthly Subscription

Every Seller pays MercadoBon a monthly subscription for their storefront, their listing in the MercadoBon directory and the marketing of their products to Buyers. The amount is agreed with each Seller individually during onboarding, confirmed to the Seller in writing and recorded in that Seller's account; MercadoBon publishes no standard price. Until an amount has been agreed, no subscription is charged.

The agreed amount is exclusive of ABB. MercadoBon is established on Bonaire, so ABB at the rate in force for services — 6% at the date of these Terms — is added to the subscription and to the commission, and is shown as a separate line on the Seller's statement.

The subscription is payable whether or not any Orders were placed in the month, because it covers the listing and the marketing rather than a number of sales. The first month of a Seller account, counted from the day the account is opened, is free of subscription; the first invoice carrying a subscription covers the first full month after that period ends. A Seller who registered before 11 October 2026 keeps the free period confirmed to them when they registered.

No payment method is required to open a Seller account. Billing details should be provided before the free period ends, and must be provided within 14 days after it, as set out in section 11.2.

5.2 Commission and Other Fees

MercadoBon charges the Seller commission on each Order placed through the Platform, as set out in section 6. The commission rate is agreed with each Seller individually and is recorded in that Seller's agreement with MercadoBon.

Two further amounts can appear on a statement, and only where they actually arose on the Seller's Orders:

• Card processing — where a Buyer pays by card and the card cost falls on MercadoBon, the Seller's share of that cost for their Orders.
• Delivery Partner fees the Seller collected — where the Seller took MercadoBon's fee for a Delivery Partner's delivery from the Buyer directly, it is billed back to MercadoBon. See section 10.3.

Any other fee is only payable where it has been agreed with the Seller in writing in advance. MercadoBon may change the fees that apply to a Seller with 30 days' written notice via WhatsApp or email.

Every Seller account includes:

• Storefront page and product catalogue (retail and wholesale pricing)
• Bulk catalogue upload
• Order management dashboard and order notifications
• WhatsApp alerts
• Directory listing
• Inventory and delivery management

6. Commission

6.1 Commission Rate

Commission is calculated at the rate agreed with the Seller and recorded in their agreement with MercadoBon. The rate is exclusive of ABB, which is added to the commission on the Seller's statement.

6.2 What Commission is Charged On

Commission is charged on what the Seller confirms, not on what the Buyer originally put in the basket. When the Seller confirms an Order, the Platform locks the commission against the value of the items actually confirmed. Items the Seller drops from an Order carry no commission.

6.3 When Commission Becomes Due

Commission becomes due at the moment the Seller confirms an Order, and is owed from that point regardless of what happens afterwards — including a Buyer no-show, a Buyer cancellation after confirmation, the Seller's own cancellation, or an out-of-stock situation discovered later.

No commission is charged where an Order never reached a confirmation: an Order the Seller rejects, an Order that expires because it was not answered within the Seller's confirmation window, and an Order the Buyer cancels while it is still pending all carry no commission.

In exceptional circumstances, MercadoBon may at its sole discretion waive commission that is otherwise due. Waivers are not guaranteed.

6.4 Source of Truth

MercadoBon is the sole source of truth for all Order records, totals, timestamps, and status changes. Platform records constitute the binding basis for all commission calculations.

7. Order Management

7.1 Confirmation Obligation

The Seller is expected to confirm or decline every incoming Order within their confirmation window: 15 minutes for a restaurant, and 1.5 hours for every other kind of store, counted from when the Order reaches the Seller. An Order the Buyer booked for a later time or day may be confirmed until two hours before the delivery or collection time the Buyer chose (or, if the Buyer chose only a day, the time the Seller opens that day), and never in less than that window. An Order the Seller does not answer in time expires automatically: the Buyer is released, the Order is lost, and repeatedly letting Orders expire is grounds for suspension under section 14.

7.2 Order Modifications

Any modification to an Order's quantity or price after placement must be made through MercadoBon. Negotiations between the Seller and the Buyer off the Platform do not change the commissionable Order value recorded by the Platform.

7.3 Cancellations

When cancelling a confirmed Order the Seller is required to provide a reason through the Platform. Commission remains owed as described in section 6.3.

7.4 Keeping the Store Accurate

The Seller keeps their catalogue, prices, stock, opening hours and delivery days current, and closes their store on the Platform when they cannot trade. A listing that can be ordered but cannot be fulfilled costs the Buyer their time and costs the Seller the Order.

7.5 Buyer Pickup Confirmation

Buyers are encouraged to confirm their own pickup through the MercadoBon app. This serves as an independent record of Order completion and may be used when reviewing possible Platform bypass.

8. How the Buyer Pays the Seller

The Buyer chooses one payment method for their whole basket, and that choice decides who ends up holding the money for the Seller's Order.

8.1 Paid online by card

MercadoBon takes the Buyer's card payment for the whole basket when the Order is placed, before the Seller has answered it. That money is not the Seller's until they confirm: MercadoBon refunds the Buyer for an Order the Seller rejects, an Order that expires unanswered, and the items dropped from a partial confirmation. On confirmation the confirmed value is the Seller's, and MercadoBon pays it out — net of what the Seller owes under section 5 — within 3 to 5 business days of the Order being delivered or collected, to the bank account in the Seller's billing details.

8.2 Paid in person

Cash, and card or transfer taken in person, are paid to whoever hands the Order over: to the Seller at their counter when the Buyer collects, to the Seller when they deliver themselves, and to the Delivery Partner's Driver when a Delivery Partner delivers, who passes it to the Seller. That money is the Seller's as soon as they receive it, and MercadoBon never holds it.

Because MercadoBon has nothing to deduct from, what the Seller owes under section 5 on those Orders is invoiced to them, and payment is due no later than 7 business days after that Order was confirmed. This applies to every Order a Buyer paid in person, whether they collected it or it was delivered.

8.3 On account

Payment on account — an agreed credit line, invoiced on the Seller's own terms — is offered only by Sellers in the Wholesalers category, to their trade customers. It is open only to a Buyer whose request for a trade account you approved, on the payment days and credit limit you set for that Buyer, and the Platform offers it only while that Buyer's unpaid Orders on account leave enough of the limit. You record a Buyer's payment by marking the Order paid. MercadoBon is not party to those terms, does not collect on them and does not guarantee them; what the Seller owes under section 5 on such an Order is due as in section 8.2, whether or not their customer has paid them.

9. Refunds and Buyer Claims

9.1 The Buyer's Rights

Buyers can claim for an Order that arrived damaged, wrong, or not at all. The published deadlines are 24 hours for food and anything perishable, and 72 hours for other goods and for an Order that never arrived. By selling on MercadoBon the Seller agrees to honour those rights, whatever their own returns policy says.

9.2 How a Claim is Decided

Every claim is reviewed by a person at MercadoBon, and MercadoBon decides it — not the Seller and not the Buyer. MercadoBon will normally ask the Seller for their side before deciding, and decides on the evidence: the Order record, the photographs the Buyer provided, the delivery proof, and what the Seller says. Please respond promptly when asked — a claim MercadoBon cannot get the Seller's side on is decided without it.

9.3 Who Bears the Cost

Where MercadoBon decides the problem was the Seller's fault — the wrong item was packed, the goods were damaged before they left the Seller, the Order was never handed over, or a delivery the Seller made themselves failed, came late or lost or damaged the Order — the refund is charged to the Seller and appears as a deduction on their statement. Commission on that Order remains owed.

Where the problem arose in a Delivery Partner's delivery — after its Driver collected the Order — the Delivery Partner bears the refund, and the Seller is not charged for it.

Where the problem was neither the Seller's nor the Delivery Partner's, MercadoBon bears the refund and the Seller is not charged for it.

9.4 Disagreeing with a Decision

If the Seller believes MercadoBon decided a claim wrongly, they should say so in writing within 7 days of it appearing on their statement and a different person will review it. The disputed amount remains payable while the review is open unless MercadoBon confirms otherwise in writing.

10. Delivery Partners

10.1 What It Is

A Delivery Partner is an independent transport company MercadoBon works with, as defined in section 1. The Seller can switch delivery by a Delivery Partner on or off for their store. When a Buyer chooses it, the Seller prepares the Order and marks it ready in the Platform, and MercadoBon books the Delivery Partner to deliver it. The Order is the Seller's responsibility until it is handed to the Delivery Partner's Driver, and from then on the delivery is the Delivery Partner's responsibility. A delivery the Seller makes themselves remains the Seller's responsibility.

10.2 The Seller's Part

Mark an Order ready only when it is genuinely packed and waiting, and hand it to the Driver who comes for it. A Driver sent to collect an Order that is not ready costs the Delivery Partner a trip and the Buyer their delivery, and repeated occurrences are grounds for suspension.

A Delivery Partner's delivery is only completed when the Driver confirms it with the Buyer's own code or with a photograph of the delivered Order. The Seller never sees that code, and cannot mark a Delivery Partner's delivery complete themselves.

Before collecting an Order, the Driver may record a problem with it — an Order that is not ready, missing or wrong items, damage or poor packing — with a photograph where it helps. The Seller is told straight away and can put it right while the Driver waits. That record, or the lack of one, is part of the evidence MercadoBon decides claims on under section 9.

10.3 The Delivery Fee

The fee for a Delivery Partner's delivery is set by MercadoBon, shown to the Buyer before they pay, and charged per Order: each Seller's Order is collected and delivered separately, so a basket in which several Sellers use the service pays one fee for each of those Orders. Where the Platform collects it, nothing is owed by the Seller. Where the Seller collects it from the Buyer themselves, the fee on that Seller's Order is billed back to MercadoBon on their monthly statement, because it is MercadoBon's fee and not part of the Seller's sale.

MercadoBon may waive delivery fees on baskets over a published threshold. A waiver applies to MercadoBon's fee and does not reduce what the Seller receives for the goods.

11. Billing & Payment

11.1 Billing Cycle

Fees are invoiced monthly. MercadoBon generates a statement covering all confirmed Orders in the billing month, the applicable commission amounts, the monthly subscription, any refunds charged to the Seller under section 9.3, and any other fee agreed with the Seller. A statement is issued in a month with no Orders where a subscription is due.

11.2 Billing Details

Before the free period in section 5.1 ends, the Seller must provide billing details in the seller panel: the registered business name the invoice is addressed to, a billing contact and email, a billing address, and how the Seller intends to pay. MercadoBon stores no card and charges nothing automatically; these details only say who is invoiced.

Where a subscription is due and no billing details have been provided within 14 days after the free period ends, MercadoBon may remove the Seller's storefront and products from the marketplace and close access to the seller panel until they are. The Seller account, its products and its Order history are kept, and both are restored as soon as the details are provided. Orders a Buyer has already placed remain the Seller's responsibility.

11.3 Payment Method

MercadoBon accepts payment via bank transfer to the account details provided on the invoice. Payment via cash may be arranged by prior agreement.

The subscription and anything else on a monthly statement is due within 14 days of invoice. Amounts owed on an Order the Buyer paid in person are due earlier — no later than 7 business days after that Order was confirmed (section 8.2) — whether they reach the Seller on the monthly statement or on a separate invoice.

11.4 Late Payment

Invoices unpaid after 30 days from the invoice date may result in account suspension. MercadoBon reserves the right to charge a late payment fee of $10 per month on overdue balances.

11.5 Disputes

Billing disputes must be submitted in writing via WhatsApp within 7 days of the Seller receiving their monthly statement. Disputed amounts remain due and payable while under review unless a waiver is confirmed in writing.

12. Buyer Information

When a Buyer orders from the Seller, MercadoBon gives the Seller what they need to fulfil it: the Buyer's name, their contact details, the delivery address where the Seller is delivering themselves, and what they ordered. That information is the Buyer's, not the Seller's.

The Seller may use it only to fulfil and support that Order. The Seller must not:

• market to a Buyer who has not asked them to, on any channel;
• add a Buyer to a mailing or WhatsApp list, sell their details, or pass them to anyone else;
• keep a Buyer's details longer than the Seller's own tax and accounting records require;
• use them to move the Buyer off the Platform, which is also a breach of section 13.

The Seller must keep this information secure, and tell MercadoBon without delay if it is lost or exposed. These obligations continue after the Seller's account closes.

A Seller receives nothing about a Driver beyond which Driver is collecting an Order, and receives no Buyer payment card details at any time.

13. Platform Bypass

13.1 Definition

Platform bypass occurs when a Seller fulfils an Order that originated through MercadoBon outside the Platform, without confirming the Order through MercadoBon.

13.2 Prohibition

Sellers agree not to fulfil Orders originating from MercadoBon outside of the Platform. Any transaction with a Buyer whose initial contact was made through MercadoBon is subject to commission.

13.3 Consequences

Evidence of Platform bypass may result in immediate suspension and retroactive commission charges on estimated bypassed transactions.

14. Suspension & Termination

14.1 Suspension

MercadoBon may suspend a Seller account in the following circumstances:

• Overdue invoice not settled within 30 days
• Evidence of Platform bypass
• Repeatedly letting Orders expire without responding
• Repeatedly marking Orders ready that are not ready, or failing to hand them to a Driver
• A pattern of upheld Buyer claims against the Seller
• Misuse of Buyer information under section 12
• Providing false information
• Violation of any provision of these Terms

During suspension all of the Seller's listings are hidden from Buyers. A suspended Seller may contact MercadoBon via WhatsApp to resolve the matter.

14.2 Termination

MercadoBon may permanently terminate a Seller account for repeated or serious violations. Outstanding commission and any other agreed fees remain due and payable in full.

14.3 Seller-Initiated Termination

A Seller wishing to close their account must notify MercadoBon via WhatsApp with 14 days notice. All outstanding balances must be settled before the account is closed, and any Order the Seller has already confirmed must still be fulfilled.

15. Listings, Content & Reviews

The Seller is responsible for the accuracy of all their product and service listings, including prices, descriptions, photographs, stock and any legally required product information. MercadoBon reserves the right to remove any listing that is inaccurate, misleading, illegal, or inconsistent with the Platform's purpose without notice.

Sellers may not list products or services that are illegal under Dutch Caribbean law, counterfeit, or prohibited by any applicable regulation.

The Seller keeps ownership of the content they upload, and grants MercadoBon permission to display and promote it on the Platform and in MercadoBon's marketing while their account is open.

Buyers may review Sellers they have bought from. A Seller may not write, commission or incentivise reviews of their own store, and may not pressure a Buyer over a review they left. MercadoBon removes reviews that are abusive, untrue or off-topic — ask MercadoBon rather than approaching the Buyer.

16. Liability

MercadoBon provides the Platform and, where the Seller uses it, books a Delivery Partner to deliver. MercadoBon is responsible for running the Platform with reasonable care. It makes no deliveries itself: a delivery by a Delivery Partner is that Delivery Partner's responsibility, and a delivery the Seller makes themselves is the Seller's.

MercadoBon is not a party to the sale between the Seller and the Buyer. MercadoBon is not liable for the quality, safety or legality of what the Seller sells, for any delivery, whether a Delivery Partner or the Seller makes it, or for a dispute between the Seller and a Buyer beyond deciding refund claims under section 9.

Where the law allows liability to be limited, MercadoBon's total liability to the Seller in any 12-month period is limited to the fees the Seller paid MercadoBon in that period. MercadoBon is not liable for lost profit or other indirect loss. Nothing here limits liability that cannot lawfully be limited.

MercadoBon does not promise the Platform will always be available or error-free.

17. Changes to These Terms

MercadoBon may update these Terms at any time. Sellers are notified via WhatsApp at least 14 days before material changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of the Dutch Caribbean (Bonaire Special Municipality). Disputes shall be submitted to the competent court in Bonaire.