Terms & Conditions
E-COMMERCE SERVICE AGREEMENT
AVAILING THE SERVICE OFFERED BY WEBSITE MYSTATEBAZAR.COM SHALL MEAN THAT THE SELLER AGREES WITH THE FOLLOWING TERMS AND CONDITIONS MENTIONED AS UNDER IN THIS E-COMMERCE SERVICE AGREEMENT:
This E-COMMERCE SERVICE AGREEMENT (hereinafter referred to as the “Agreement”) is entered between the “Seller” (You or the entity you are representing) and MYSTATEBAZAR.COM, (hereinafter referred to as “Company”) a website owned by ACCESS RETAIL PVT. LTD., a company incorporated under the provisions of Companies Act, 2013, having its registered office located at Plot No. 14, Sharadha Nagar, Vanasthalipuram,Hyderabad, India - 500070.
The Agreement shall put forward the terms and condition that shall govern all the online activities carried out by the Seller while using the services and technology provided by MYSTATEBAZAR.COM for the term of their association with the company. “Seller” and “Company” shall hereinafter be individually referred to as “Party” and collectively as “Parties”.
By Clicking “I agree” to these “Terms and Conditions”, Seller acknowledges that Seller has read, understand and agree to these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU AND COMPANY.
- Company has its skilled expertise and knowledge in the field of providing an E-commerce platform services to enable retailing of various products and services to consumers in India across several categories under its owned URL named www.mystatebazar.com;
- Company, has represented to Seller about its skills and expertise in the field of E– commerce and on which Seller has agreed to engage the Services of E–Commerce on the below mentioned terms and conditions of the Agreement.
- Seller hereby appoints Company for the purposes of providing an E-Commerce Platform to the Seller and Company hereby accepts such appointment for providing such services during the Term (as defined hereinafter) of this Agreement.
NOW THEREFORE in consideration of the foregoing and the mutual covenants and promises contained herein and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties intending to be bound legally, agree as follows:
“Agreement” means any agreement between ACCESS RETAIL PVT. LTD. DBA mystatebazar.com (herein after “we”, “us”, “our” or “Company”) and Seller (herein after “you” or “your”) for the provision of the services, incorporating these Conditions and the terms contained in the relevant service plan;
“Application Form” shall mean Form for Ecommerce Service Agreement to be filled in and executed by the Seller at the time of execution of this Agreement.
“Conditions” means these terms and conditions;
“Customer” shall mean any individual, group of individuals, firm, Firm or any other entity placing an order for the Products of the Seller through the Company’s Website.
“Effective Date” shall mean the date on which this Agreement is accepted by Company.
“Order” shall mean an order for purchase of products wherein customer has agreed to purchase the product upon the terms and conditions and at the Price indicated on the online portal of the website.
“Products” shall mean merchandise items of the Seller put up for sale on the Company’s website.
“Price” shall mean the cost at which the Products are to be delivered to the Customer inclusive of shipping charges and applicable taxes, if any.
“Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred by seller for delivering the product(s) to the Customer.
“Service charge” shall mean the margin per transaction charged by the Company to the Seller at the rates agreed to between the parties, upon the sale of product.
“Seller” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Company’s website and more particularly described in the application form.
“Service” means all Sales and Marketing Services provided by Company including but not limited to:
(i) Featuring Products and Stores on Company’s Website;
(ii) Pop Up Advertising on Company’s Website;
(iii) Banner Advertising on Company’s Website; and
(iv) Social Media Advertising
These Terms and conditions apply to the provision of all Company’s Sales and Marketing Services. Nothing in this condition will exclude or limit the company’s liability for fraudulent misrepresentation.
2. Application: Each Application Form shall be deemed to be an offer by the Seller to receive Services subject to these Conditions.No Application shall be deemed to be accepted by Company until written confirmation of the Application is issued by Company.No agreement will come into existence until Company dispatches confirmation of the Application to the Seller.
3. Term: This agreement shall commence on the date of acceptance by Company of the Application by the Seller and shall continue unless and until terminated by either party on giving to the other 30 days prior written notice.
4. Scope of Service: Company is engaged in the business of online shopping portal for sale and distribution of various products under various categories to the public at large through its website www.mystatebazar.com (“Website”), Company will provide a panel to Seller through which Seller will upload, create their catalogue for sale and distribute their products through www.mystatebazar.com, monitor and update order information received in their panels.
5. Roles and Responsibility of Company:
- Company shall bring in their technology through website development, online promotions and payment gateway integration and customer service for successful operation of website;
- Company will be responsible for managing the customer service for only such Products that sold through the www.mystatebazar.com;
- Company will be responsible for chargeback claims, if any product of Seller sold through www.mystatebazar.com and its affiliates;
- Company shall also be responsible for processing all refunds for the Seller products sold through www.mystatebazar.com;
- The software platform; e-commerce engine and payment gateways will remain the sole property of the Company;
- Company shall have the sole right and discretion to decide about the selection and listing of Products on its website; and
- Company shall not be liable for any manufacturing defect in the product in any circumstances.
6. Roles and Responsibility of Seller:
- Seller agrees to be Seller of Company for the sale and distributions of their product through Company’s website during the term of this Agreement.
- Seller shall be solely responsible to create and publish and to make live their product catalogue for display and sale of their products through www.mystatebazar.com and seller will be responsible for updating / publishing or maintaining such information and will do so using the Company’s Panel provided by Company to Seller. Company shall not be liable for any catalogue creation, updating and management of Seller’s Products catalogue except specially requested by seller. In case special request made by seller, Company will support seller to upload seller’s products & details on the basis of information provided by seller to Company.
- Pricing of the Seller’s Product will sole prerogative of Seller in panel provided by Company and web selling price of the Product (i.e. Product selling price on www.mystatebazar.com) is sole discretion of Company.
- Seller shall be solely responsible for pricing update of their products (including discount and promotion information) on Seller’s panel provided by Company. All the Pricing update shall be done through panel provided by Company to Seller and Company shall not be liable in any circumstances for any pricing update of Seller Product. Until a new price update by Seller to their catalogue, Seller will abide by the earlier price provided.
- Seller shall be solely responsible for inventory updates of their products (including discounts and promotions and information about product discontinuation) from time to time for publishing on the Company’s website. All the Pricing or inventory update shall be done through panel provided by Company to Seller and until a new inventory update is published to www.mystatebazar.com, Seller will abide by the earlier inventory update. Company shall not be liable in any circumstances for any inventory update of Seller’s Product on www.mystatebazar.com.
- During the Term of this Agreement, Seller will be solely responsible for Fulfilment of their products to end customer for products sold in connection with Seller transaction through www.mystatebazar.com, Seller will source, pick, pack and dispatch the products to the applicable addresses of end customer. Seller will be responsible for payment of shipping charges in case of free shipping. Shipping charges will be charged to customer in any other cases.
- Seller will be solely responsible for accepting and processing including pick, pack and returns of their Products and will communicate to customers all necessary information for the return of Products which are sold through www.mystatebazar.com. Company at its sole discretion will refund the entire amount of the product/s to the customer, in case of failure of the Seller to arrange for reverse pick up within _5__ days from the day customer raises a return request. In case customer to send the product package return and incurred the logistic charges, then the same will be refunded to end customer and Company shall have right to recovered such charges from the Seller. In case of logistic arranged by www.mystatebazar.com, Company will arrange reverse pick up within ___ days from the day customer raises a return request.
- Seller hereby agrees to accept the return of their products up to _7____ days from the date of delivery of the product to end customer.
- If any product is not delivered by Seller to end-customer then in that case Company will not be liable for the same. However, in case if Company receive any complaint from end customer, within 2 days, regarding the product, then in that case Seller agreed to provide all the necessary details including proof of delivery, virtual proof of delivery to Company for providing sufficient reason to prove authenticity of delivery of such product.
- Seller will bear the risk and will be responsible for all loss of and/or damage of products at all times which are sold through the website except in case of logistic arranged by Access retail. Access retail will bear the risk and will be responsible for all loss of and/or damage of products, if logistic is arranged by Access retail.
- Seller shall at all-time shall be responsible for insuring the Products and shall take out adequate insurance policies to cover all kind of risks involved. Further the Seller shall be responsible for making timely payment of the insurance premiums.
- For avoidance of doubt and notwithstanding anything to the contrary herein, Seller will be liable to pay any sales, GST, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority.
- Seller will raise an invoice directly to the end Customer for all ordered successfully fulfilled by the Seller to end customers.
Seller shall provide a Self-Attested copy of GST Registration Certificate, TIN No, PAN Card. & Seller Bank account details / Cancelled cheque and other required documents (Please fill Schedule A, In case Seller is not required to register Under GST.)
- By entering into this Agreement, Seller agrees to complete the transaction as described by this Agreement. Seller acknowledges that by not fulfilling these obligations, Seller action or inaction may be legally actionable.
- Seller is obligated to sell the product at the listed price to end customer who meet the Seller's terms. By listing an item, Seller represent and warrants to prospective Buyers that Seller have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
- Before a Seller lists an item, the Seller needs to find out if the item is allowed to be sold on the website and if the type of item is subject to certain restrictions, to avoid potential issues with Seller listing. As a Seller, you are ultimately responsible for making sure that selling an item is legal under applicable laws. By entering under this Agreement, Seller represent that it shall not list the products which are prohibited under law. Violations of this Agreement may result in a range of actions, including but not limited to the following listing cancellation; limits on account privileges; account suspension; and/or loss of special status granted by Company etc.
7. Company’s liability: Nothing in these Conditions shall exclude or in any way limit Company’s Liability for fraud caused by its negligence, or any other liability to the extent the same may not be excluded or limited as a matter of law. Company will endeavour to provide the Services in a timely manner but (in particular where Company is dependent on another operator to provide the Service and or/due to technical reasons) cannot guarantee to do so and Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly for any delay in the provision of the Services. The Seller further acknowledges that Company shall in no way be held liable for any service outage or disruption that occurs as a result of any of Company’s suppliers’ failure to provide a service. Further, Company shall not be liable under or in connection with these conditions or any collateral contract for any loss of income, loss of data, and loss of anticipated savings, loss of profits or contracts or for any indirect or consequential loss or damage of any kind.
8. Intellectual Property Rights: The Seller warrants that it has obtained for itself and for Company all Necessary consents, approvals and licenses for sale of the products and use of the Keywords (together the “Content”).In the event that the sale of any product or use of the Content infringes the intellectual property rights of any third party, the Seller will immediately replace the infringing part at its own expense with non-infringing material.The Seller agrees to indemnify and keep Company indemnified and defend it at its own expense from and against any and all claims that the sale, content or any act or omission by the Seller, its employees, agents and representatives infringes any copyright, trade mark or other intellectual property rights of any third party.
9. Confidential Information and Security: All information, drawings, specification, documents, material and all other data, which either party may have disclosed and may from time to time disclose to the other party relating to its business, prices, services, requirements, the Services and these Conditions, including and technical specifications (the “Confidential Information”), are proprietary and confidential to the disclosing party. Each party hereby agrees and undertakes to the other that it will use such Confidential Information and all other data solely for the purposes of these Conditions and it will not use or disclose the same whether directly or indirectly, to any third party without the other party’s prior written consent.
10. Brand Name: Seller is not permitted to include any brand names or company logos in their listings other than the specific brand name authorized by the original manufacturer to be used for products being sold by Seller under a particular listing. Brand names may also constitute trademark infringement and could expose Seller to legal liability. The Seller agrees to indemnify and keep Company indemnified and defend it at its own expense from and against any and all claims that infringes any copyright, trade mark or other intellectual property rights of any third party.
11. Representation and Warranties: Seller undertakes that the goods/products delivered are defect free, without any encumbrances and there has been no IPR violation of any third party by the Seller. For any defect in the products delivered by Seller, Seller shall be solely responsible for the same. Seller shall be responsible for all/any repairs/replace etc. of the product prior / post the delivery of any such product. The warranties in relation to manufactured products shall strictly be in accordance with the Manufacturer warranty policy as applicable to the Product.
12. Service Charges: The Service Charge for each transaction is as per the table below:
20 % of the Base Price*
For __all__ category : 0% of the Base Price*
Payment Gateway Charges
2% of Transaction Value
* Base prices are provided & uploaded by Sellers on the Company’s Website.
Any and all Charges payable by Seller hereunder are exclusive of all taxes and Seller will pay any taxes including GST that are imposed and payable by it on such amounts. All such taxes are the responsibility and for the account of Seller (unless charged under reverse charge as per tax provisions).
13. Transaction Processing: Company will collect the payment through its designated payment gateway and shall remain the sole property of Company only. On all the Payment Gateway aspects, the identity of Company shall be mentioned. Company shall be responsible for all customer complaints in regards to payment gateway issues and system related errors. Company will be responsible to reimburse the amount collected for the sale after 2 days of delivery for the order product that are sold and delivered successfully through the website (i.e. Seller Product after deducting applicable fees, Payment Gateway Charges, Marketing Fee, or any complaint/ return orders by end customer if applicable) and taxes as mentioned under table at Clause no. 11.
14. Indemnity: Seller will defend, indemnify and hold harmless Company and each of its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to any actual or alleged breach of Seller’s representations, warranties, or obligations, responsibility set forth in this Agreement; or any actual or alleged infringement of any intellectual property or proprietary rights by any products seller sell, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
15. General Provisions
15.1The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to these Conditions does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
15.2If any term of these Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.
15.3These Conditions contain all the terms agreed between the parties regarding its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to any agreement governed by these Conditions except as expressly stated in these Conditions.
15.4The relationship of the parties is that of independent contractors. Except as otherwise stated in these Conditions, nothing in these conditions shall constitute the parties as partners, joint ventures or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
15.5The parties shall at the requesting party’s reasonable expense do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by these Conditions.
15.6Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties. The arbitration shall be conducted in Hyderabad in accordance with the Arbitration and Conciliation Act of 1996 or any modification or re-enactment for the time being in force.
15.7This Agreement and any claim or controversy hereunder shall be governed by and construed in accordance with the laws of India without giving effect to the principles of conflict of laws thereof. Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts at Hyderabad.
15.8Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
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Call us at: 9959877752