This document is associate degree electronic record in terms of knowledge Technology Act, 2000 and rules created there underneath as applicable and also the amended provisions concerning electronic records in varied statutes as amended by the data Technology Act, 2000. This electronic record is generated by ADPS and doesn't need any physical or digital signatures and also the same has been incorporated by reference within the trafficker Agreement (defined below). These Terms & Conditions (“Terms”) are part of the seller Agreement (“Vendor Agreement”) entered between the Sankalp Market outlet, Pune at wmartonline.in and you, the seller ("Vendor"). The Terms square measure incorporated within the trafficker Agreement by manner of reference and constitutes are part of the binding trafficker Agreement between the corporate and also the trafficker.
Background
The name ww.wmartonline.in (hereinafter stated as “Portal/Website") is owned by the corporate and operates as a web e-commerce marketplace for the show, advertising and sale of fashion and other goods merchandise by varied vendors to the tip customers (“Customers”) and provides connected services to the vendors and to the purchasers / users of the Portal on behalf of the vendors (as the vendor’s service provider). The corporate shall act as Vendor’s service supplier for providing varied services in respect to the sale of its merchandise as united underneath the seller Agreement (“Products”), and also the use of the Portal for sanctioning promotion / advertising of the its merchandise (“Services”).
Products
- The seller shall provide its merchandise to the corporate for the aim of sale by the seller on the Portal, supported market research conducted by the corporate, the corporate might create recommendations to the seller from time to time on the particular merchandise and also the quantities therefrom, from the complete range/collection that square measure to be displayed, publicized and offered purchasable by the seller through the Portal. The seller shall create its judicial decision on the merchandise and their quantities to be displayed on the Portal on the idea of such recommendations. withal the preceding, the corporate has the proper to refuse to show, or withdraw from the Portal, any Product purchasable on the Portal.
- The seller shall completely provide for show, advertising and sale bound merchandise, as specifically united within the trafficker Agreement, through the Portal solely (“Specified Product Lines”). the seller shall not, in respect of the desired Product Lines, seek, settle for an appoint or any other entity to supply any services or kind of Services while not getting the previous written approval of the corporate on advance basis.
Services to be provided by the corporate
As part and parcel of the Services, the corporate shall do the subsequent functions for and on behalf of the seller for thought as united underneath the seller Agreement. a. Facilitation of Sale of merchandise through the Portal:
- the seller authorizes the corporate, on behalf of the seller, offer to Customers / users of the Portal:
- info and help in respect to the listed merchandise and sales therefrom,
- info in respect to standing of the order placed by Customers, and
- in operation a client help desk for alternative inquiries in respect to merchandise and orders, client complaints and grievances.
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Ordering, Packaging and Delivery:
- The Portal can change Customers to put orders for the Product(s) they want to buy on the web site.
- Upon receiving the confirmation of the order by the client, the corporate can update the small print of the confirmation of the order on the interior portal that the corporate shall maintain for the seller.
- the seller shall guarantee to produce all relevant authorisations in favour of the corporate to facilitate said assortment of the relevant product from the seller.
- Before composing the delivery of the relevant product to the client on behalf of the seller as a service supplier, the corporate might verify, on behalf of the seller as a service supplier, the consignment against the confirmed order placed by the relevant client, and such alternative Quality Parameters as could also be fairly needed or specifically tutored.
- Invoicing and assortment and Payments:
It's in agreement that the sellers who have opted connection, the freight charges beneath the trafficker Agreement are going to be vulnerable to pay the subsequent charges: (a) for each order shipped: Bureau of Intelligence and Research; amount of rupees as decided by WMart will be applied (or any portion thereof) of the load of the merchandise thus shipped + Bureau of Intelligence and Research amount of rupees as decided by WMart will be applied thereof; and (b) for each order came back: Bureau of Intelligence and Research; amount of rupees as decided by WMart will be applied (any portion thereof); of the load of the merchandise thus returned + Bureau of Intelligence and Research; amount of rupees as decided by WMart will be applied thereof; and iii. the corporate shall collect the payments from the shoppers on behalf of the seller as its service supplier.
Payment Terms
- the purchasers shall lean the selection to create payments for the acquisition of the merchandise by method of on-line payments, money on delivery or the other legal ways of payment as is also on the market on the Portal from time to time.
- the corporate shall generate and supply to the seller fortnightly reports of the merchandise that are being delivered that reports shall contain details of the orders placed, the sale amounts invoiced, sales not delivered and therefore RTO (return to origin) and any returns by the client as per the R&R Policy (as outlined below) (“Reports”).
- it's herewith processed that Company shall not be needed to supply the other info (including any {confidential info|tip|lead|steer|wind|hint|guidance|counsel|counseling|counselling|direction} or any info regarding the Customers) to the seller vide such Reports or otherwise and any such info shall be the proprietary information of the corporate.
Return & Refund
- the corporate incorporates a return and Refund Policy (“R&R Policy”) that is applicable to the sale of merchandise through the Portal.
- the seller has been provided a replica of the R&R Policy or has been given access to the R&R Policy and therefore the vender herewith confirms that the terms of the R&R Policy are acceptable to the seller.
- the corporate shall conspicuously show the R&R Policy on the Portal in order that the purchasers are attentive to the R&R Policy.
- If a client is entitled to a return or refund for any Product in accordance with the R&R Policy, the corporate shall create such come back or refund only on behalf of the seller as per the R&R Policy and alter the number thus paid to such client from any amounts owed by the corporate to the seller. The seller herewith agrees that such changes may be made up of the amounts owed by the corporate to the seller up to an amount of three (3) months from the date of delivery of merchandise to the client.
Termination
- These Terms & Conditions shall become effective on the Effective Date as mentioned within the merchant Agreement between the corporate and you, the vendor and shall stay effective unless merchant Agreement is terminated between the Parties in accordance with the terms hereof (“Term”).
- the seller Agreement could also be terminated by either Party in accordance with the following:
- Upon breach of contract of those Terms & Conditions or merchant Agreement by either Party that isn't cured inside thirty (30) days of receipt of notification from the nonbreaching Party, the non-breaching Party shall be liberal to terminate the seller Agreement forthwith;
- wherever any Party commits a fabric breach of the Terms & Conditions and within the cheap opinion of the non-breaching Party, such breach isn't capable of cure, the non-breaching Party shall not be duty-bound to supply an opportunity to cure the breach however shall be entitled to terminate the seller Agreement right away.
- It is hereby clarified that no rights in the Intellectual Property of the Vendor or the Suppliers are granted in favour of the Company except the limited license to use the Intellectual Property for the purposes of providing the Services by the Company.
- The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
Illustration and Warranties of the seller
- the seller has all rights (including all material possession rights), approvals and consents from any third parties (including Suppliers) needed to enter into and perform the seller Agreement in conjunction with Terms & Conditions and to produce and sell the merchandise as contemplated hereafter.
- the seller has procured all necessary registrations/permits pro re nata below applicable laws available of merchandise through the Portal (including while not limitation registration below applicable laws bearing on excise and VAT of the relevant states). the seller any represents that the seller shall be only to blame for assortment and payment of applicable taxes with relation to the sale of the merchandise to the relevant government authorities in a very timely manner and also the Company shall not be accountable nor command to blame for any non-compliance/contravention of applicable tax laws by the seller. the seller herewith agrees to stay the corporate harmless and indemnified during this regard. The indemnity obligations of the seller contained herein shall survive the termination of the seller Agreement in conjunction with these Terms & Conditions.
- the seller encompasses a valid, clear and marketable title to any or all the merchandise being displayed, publicized and sold-out through the Portal below the terms of the seller Agreement.
- All the merchandise ar real, saleable, marketable and of the standard and nature as represented by the seller to the corporate and displayed on the Portal. The merchandise ar real, new and aren't counterfeit merchandise.
Limitation of Liability
In no event shall either Party be susceptible to the opposite Party for any incidental, indirect, remote special, eventful or indemnity, loss of goodwill or business profits, no matter the character of the claim, even though such Party knew or ought to have illustrious of the likelihood of such damages or claims. Company’s total liability (including for its indemnity obligations), whether or not in contract, tort, or otherwise, arising out of or in reference to the seller Agreement or Terms & Conditions shall not exceed the entire Margin received by the corporate within the preceding six months below the seller Agreement.
Penalty
In the event of non-adherence of those Terms & Conditions by the Vendors ensuing into the prevalence of either of the subsequent instances shall attract a penalty of federal agency- five hundred (Rupees 500/- Only) per instance: a. inability to satisfy the orders, whether or not thanks to inadequacy of stocks or otherwise, within which case the penalty shall be per order; b. Returns the bad/defective product; c. Returns the wrong size of the merchandise shipped by the Vendor; d. Returns to the delivery of wrong merchandise, it is herewith acknowledged by the seller that out of the penalty quantity, Bureau of Intelligence {and Research|INR|agency|federal agency|government agency|bureau|office|authority} 250 are going to be passed on by the corporate to the client involved (or customers in general) as an apology gesture for fewer than satisfactory looking expertise just in case such instances occur and also the remaining federal agency 250 shall be preserved by the corporate as prices of marketing/ process the order.
Electronic Execution These Terms & Conditions
Are being dead electronically and every Party acknowledges that a similar is with validity dead below the data Technology Act, 2000 and shall kind a binding agreement between the Parties and no Party shall claim illogic of those Terms and Conditions simply on the grounds that these Terms and Conditions are being called off electronically. For the same functions, the Parties herewith agree that these Terms and Conditions are being over and called off at Gurgaon.
Governing Law and Jurisdiction
These Terms and Conditions in conjunction with the seller Agreement shall be scan and construed in accordance with the laws based on India’s E-commerce business. All disputes arising out of or in respect to these Terms and Conditions and/or the seller Agreement shall be subject to the exclusive jurisdiction of courts at metropolis, India.