This document is in additions to the User Agreement and contains the terms and conditions for sale of any products/ services through website (www.Soomzone.com). The website is the property of Soomzone Ecommerce Agencies Private Limited (the Company). Please read the following terms and conditions carefully as any person listing his products/services for sale on this website (Hereinafter referred to as the “seller”) will be deemed to have read, understood and accepted the terms and conditions, rules and regulations as contained in this Sellers Agreement.
By subscribing to or using any of the services provided through the website, the Seller agrees that he has read and understood and that he is bound by the terms of this agreement, regardless of how he subscribe to or uses the services. If the Seller does not want to be bound by the terms and conditions contained in this agreement, he must not subscribe to or use the services provided through this website.
The website operates on marketplace model providing platform/virtual showrooms to business owners or sellers to publish their products/services on soomzone.com and showcase their products or services under their brand.
Every user willing to sell its products/services through the website of the Company (www.Soomzone.com) shall register himself with the website with details like Company name, registration number, Tax registration number, VAT number etc. as needed for each business.
Listing of Business:
Seller will be required to upload business details, contact details, bank details to us. Sellers will be given a store view containing his business information and showcase their products or services.
Use of Domain:
Seller will be able to publish their business in their own domain. An available domain will be provided by soomzone if the seller purchases appropriate website membership. The domain will be maintained by soomzone.com and seller will be given exclusive right to use the domain for his business in soomzone.com. The right to use the Domain will end when the subscription membership expires and Seller should renew the membership in advance to expiry of membership to use the domain.
Seller can provide his own DOMAIN to use for creating website on soomzone.com (as per his eligibility as a membership). In this case, the seller will be responsible to maintain the Domain at his risk. At the end of expiry of DOMAIN, site will stop functioning in case the website is pointed to sellers Domain.
Listing of products:
Seller will be required to upload at least 3-4 good quality photographs of each product he is willing to list on the website.
Price of product or services:
Seller price the product competitively on website and should not price the product/service that is higher than any other channels like sale on other online platforms or the physical store of the seller.
Commission and Listing Fee:
Every Seller listing and selling his products through the Company’s website agrees to pay commission and/or subscription/listing fee to the Company.
Delivery of the Order:
Seller shall be solely responsible for the dispatch of the products ordered directly to the buyer under his sales invoice and the Company will not undertake any buying or selling.
Returns and Refunds:
The Company offers a seven (3) days return policy which is binding on sellers
Refusal to Sell:
The seller will be bound to complete the sale against any orders received for the products listed by him, as per specification within time and at the price listed on the website on receipt of purchase confirmation
(i) Any reference to Recitals, Clauses and Annexures are to the recitals, clauses and annexures of and to this Agreement.
(ii) Words importing the singular include the plural, words importing any gender include every gender.
(iii) Headings used in this Agreement are for convenience or reference only and shall not govern or affect in any manner, the construction or interpretation of this Agreement including any Recital, Clause or Annexures hereof.
For any person willing to list his products on the website he will be required to register with the Company through its website (www.Soomzone.com) by logging on as seller/partner/professional/supplier on the home page of the website and filling in the required information.
Seller registered with the Company explicitly agrees to sell his products through the Website and not to use any other website for the products listed on the Company’s website. In exceptional cases where the company is convinced of that the seller will not have any stock-out situation or where the seller is not making one off products the company can accept sellers who operate on multiple website. In such cases the sellers will not sell the products at a price below the price quoted at the website. In either case the seller has to ensure that the stock is correctly displayed on the website to avoid any stock-out situation.
The Seller agrees to pay the commission and listing fee as per Schedule A to the Company for listing and selling his products through the Company’s website from time to time.
At the time of registration the Seller will also be required to provide true, correct and complete information including registration number at MCA/other any other registering authority (if applicable), VAT Number, TIN Number, DIN number, PAN number of company or individual Director/Partners apart from other key information as may be required by the Company. The seller will also be required to send the hard copies of all the required documents at the registered office of the Company within a period of 3 days from the date of registration on the website or such other information, as may be required by the Company for registering the person as Vendor/Seller. Person submitting the information shall be solely responsible for any false and incorrect information and any consequences arising therefrom.
On successful registration with the Company, the Seller will be provided with a unique login ID and secret and confidential password at an e-mail address provided by him in the registration form. Maintaining the secrecy and confidentiality of such login ID and password shall be the sole responsibility of such user individually. The website or the Company cannot and will not at any time be held liable for any loss or damage arising due to any loss or misplacement of the said user ID and password. Any seller registering with the website shall be deemed to have agreed to the terms and conditions including the terms and conditions contained in this Seller Agreement.
The seller can access the website any time by logging in using his user ID and putting his secret password and can upload his products for sale on the website from time to time. Seller will be solely responsible for the pictures and products uploaded by him on the website. Seller shall secure necessary permission or consent required for display or sale of any products from any person, group, company, Government Authority with regard to the products, description, contents, price or their pictures displayed or posted by him on the website. The Seller shall be solely responsible for products, description, contents, price or their pictures displayed or posted by him on the website and the Company shall not be responsible for any lack of permission, approval, consent, registration, license, sanction or any defects in products, description, contents, price or picture of the products.
3. Transaction Process:
(i) Listing of products
Post registration the seller will be required to offer his products for sale on the website by listing his products.
(a) The seller will be required to upload at least 3-4 good quality photographs of the products he is willing to list on the website. The photographs preferably should be with white or black background or any other suitable colour depending on the colour of the product offered for sale. The Seller will provide all relevant information on the website including but not limited to specification of the products, price of the products, number of products available for sale, minimum order quantity, expected delivery time and a brief description.
(b) The seller will be required to create a CSV file as per the format provided on the website to upload one product at a time or upload all products in one go depending upon the internet speed and system capacity.
(ii) Product Marketing
a) The Company will be providing shop-in-shop model for the sellers. The products would be displayed on the website in sellers brand name/page and company/website would aggressively carry on focussed marketing campaign to attract buyer’s traffic on the website but does not give any guarantee, surety and commitment of sale or purchase. Display of the products, does not amount to an offer or proposal to purchase or sale and will not make the Company liable for purchase of any products from the seller.
(iii) Receipt of Orders
(a) If any buyer places an order listed on our website, the Company will receive the order for the same on behalf of the seller. On receipt such order with or without payment, depending on the mode of payment selected by the Buyer, the Seller will get an intimation of the order through the website to the admin Panel provided. The said intimation will be deemed as due intimation of the Order of the Buyer on Seller to execute the order.
(b) The seller shall within a period of 12 hours intimate the expected delivery time for such order to the Company by way of admin panel provided on the website for use of the Seller and it is mandatory that such expected delivery date should not be later than 7 days from the date of receipt of order.
(c) The seller further undertakes that it shall provide the Company with the details of the stock available with him for each product listed by him on the website on daily basis and also update the same in their login panel on the website. Any stock out situation may not act in favour of the Seller and the website, in specific.
(iv) Delivery of orders
(a) On receipt of the payment confirmation by the Company, the Seller shall process the order and shall dispatch the ordered products directly to the buyer under his sales invoice.
(b) The seller shall ensure that the order is dispatched either by the logistics partner of the Company or any other service provider of his choice. In case the seller sends/dispatches the order through a service provider other than a Logistic Partner empanelled with the company, he shall ensure delivery of the ordered product on time and in case of delay, shall be liable for any delay in delivery of such order.
(c) Courier service provider shall charge higher of volumetric weight vs deadweight, whichever is higher. Volumetric weights are calculated based on length (in cms)*breadth (in cms)*height (in cms)/5000. Hence Sellers are requested to calculate the shipment weight accordingly and upload. In case of wrong weight being fed by seller, the difference would be charged from the seller.
(d) As the logistics partner is an independent vendor they may or may not cover the area of the seller. In case the area is not covered by the partner the seller will have to use their own courier service and ensure quality of delivery.
(e) The seller shall also be required to notify the company on daily basis the status of order processing from the time of receipt of order till the delivery of the order to the buyer.
(f) At the time of receipt of order, the seller shall ensure and confirm that the product to be delivered is permitted to be sold and shall maintain a list of items prohibited/ banned for sale in any state of India or at any other place of delivery mentioned by the buyer.
(f) The Seller shall ensure due compliance of laws in display of products, production, warehousing and selling of the products, issuance of invoice, delivery of the products, collection and payment of tax, use of tax forms, etc and will ensure that all the terms and conditions of sale should be met with.
(v) Payment process
(a) On delivery of the final product to the buyer the Company shall remit the agreed price for the product to the bank account of the seller within 7 (seven) Days of confirmation of delivery of order either by the buyer or the logistics provider. Agreed price shall mean the price for any product as agreed between the seller and the Company in writing after deduction of commission and service tax.
(b) In case of cash on delivery (COD) the payment will be made to the seller within 15 (Fifteen) days of delivery of the order.
(c) The company shall charge a service fee as per Schedule-A on the price of the product quoted by the seller and such fee shall be directly deducted by the Company from the sale price received by it from the buyer.
4. Returns and refunds:
Company offers a seven (7) days return policy, return of any product is to be accepted by the Seller, from the date of delivery in case of delivery of wrong product or delivery of damaged product, provided that the Buyer contacts the Company for return of the product by way of an email at [email protected] with the details of the product to be returned along with a clear picture of the product (clearly showing the defect or damage or wrong delivery of the product) and detailed reasons for return.
After the expiry of the 7 days period, all Sales become irreversible and final and the Company would not accept any return after the expiry of 7 days.
(a) The Company will review and intimate its decision in consultation with the seller to the buyer through an email within 2 (Two) days of receipt of e-mail from the buyer requesting a replacement.
(b) In case, the Company decides to make a refund to the buyer, he will be provided with two options for such return i.e. (i) the buyer may opt for getting another piece of product delivered or (ii) offer gift vouchers of Soomzone.com cashable at the website anytime during a period of one year.
(c) In case the buyer decides to order another piece of the product, the Seller shall arrange to deliver the same to the Buyer within the time mentioned on the website and the cost of Courier would be borne by the seller as it was an error on his part. Any decision taken by the Company in this regard will be final and binding on the buyer and the seller.
(d) With regard to the international shipments refunds shall only be made in Indian Rupees and shall be equivalent to the Transaction Price received by the Company against such order. All risks associated with the foreign exchange including any loss, charges or fees, if any will be borne by the buyer.
(e) The Company does not accept any returns on the orders for products which have been personalized or customized especially as per the requirements/ specifications of the buyer.
(f) The seller will ensure that such products are accepted at the location(s) specified by the seller. In case of non-acceptance of such products by the sellers except for reasons such as damage of the product where such damage is attributable solely to the courier service, the courier service reserves the right to levy suitable demurrage charges for extended storage of such products for any period exceeding 7 (seven) days from initiation of the Returns and upto 45 (Forty Five) days from such date. In case of non-acceptance of the Products beyond 45 (forty five) days, the courier service provider has the right to dispose such products and the seller will forfeit all claims in this regard towards the Service Provider.
5. Terms of Agreement :
(a) The Agreement is valid for a period THE SELLER USES THE SERVICES OF COMPANY unless terminated under this agreement.
(b) The Company may at any time terminate the subscription of any of its seller if a complaint is received with regard to any product of such seller more than 3 times in a span of 1(One) year.
(c) The seller will be rated by the website based on customers feedback which would be displayed for customers
(d) It is understood by the website that the seller is complying with taxes like VAT and CST and the price includes all taxes.
(e) It is understood by the website that the seller has not employed child labour, or used services of people serving terms in jail.
6.Intellectual Property Rights:
The Company owns all Intellectual Property Rights to and into the Website, including, all rights, title and interest to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets/ inventions (whether patentable or not),goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Keeping in mind the above, the seller will have the ownership for any content that the seller provides or uploads while using the Services of the website including any text, data, information, images, photographs, music, sound, video or materials which you upload, transmit or store when you avail of our various services.
The uploading and posting of content on to the Website for public viewing and use of your content by third party users and the seller grant a non-exclusive license for the use of the same.
7.Refusal to sell:
Once any buyer confirms a purchase in response to a listing made by the seller by making requisite payment the offer for sale is considered complete, the Seller will complete the sale by delivery of listed products, as per specification within time and at the price listed on the website. The Seller cannot refuse to sell the item or change specification, price, delivery item or any other terms once the order has been confirmed. In case of sale of item wherein the buyer has opted for cash on Delivery (COD) as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price upon Delivery.
8. User Warranty and Representation
The Seller shall at the time of registration provide a guarantee to the Company certifying that the seller is the sole owner of the content/ product that is uploaded on the website. The content/ product should not infringe upon the property rights, intellectual property rights and other rights of others.
The seller should also warrants that no action, suit, proceeding, or investigation has been instituted or threatened relating to the content, trademark, trade name service mark, copyright used by the seller in relation with the Services rendered by the Company.
9. Disclaimer of Warranties and Limitation of Liability
The Company does not warrant or makes representations regarding the data, accuracy and quality of any information, data, product or service that is listed on the website by any seller and the Company will not liable for any damages for the use or the inability to use services, unauthorized access or alteration of the user's transmissions or data, any other matter relating to the services, delay or inability to use the Website or related services and failure to provide services or information.
The Company is not responsible for the contents of any linked sites. The linked sites are not endorsed and approved by Team Soomzone.com. They exist only to enhance the usability of the website. Please verify the accuracy of the information provided before relying on linked sites.
The seller shall indemnify, defend and hold harmless the Company and the website from any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of any breach or non-compliance of any term of this agreement.
11. Termination of Services
Either Party may terminate this agreement by serving 30 days written notice to the other party at the postal address of each party or to the registered email address. However, the Company reserves the right to terminate the agreement with immediate effect in case the seller is found to be in breach of any term and condition of this agreement. The termination of your association with the Company would lead to Soomzone.com deleting any content or material relating to your use at Soomzone.com and the Company will not have any liability whatsoever to the seller or any third party for the same.
12. Report Abuse
The Seller agrees and acknowledges that he shall be solely responsible for all content uploaded or posted by him on the website. The Company will take due care to ensure that any information not meant for public viewing shall not be mentioned, published, posted and demonstrated on the website and if any such information is found to be uploaded by any seller, same will be immediate blocked or deleted by the Company. However, if any such information inadvertently exists on the website, the Company will not be deemed to have allowed and given the permission for such publication, post or demonstration and will not be liable for any action arising out of such publication, post or demonstration.
Any disputes or differences arising out of or in relation to this User Agreement or any other related document or any service offered by the Company through this website the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party appointed by the Company. Any decision of the company with regard to the appointment of the sole arbitrator shall be final and binding. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in English language and shall be governed by the provisions of the Arbitration & Conciliation Act, 1996.
14. Governing law
This User Agreement and all rules, policies and documents incorporated and published on this website shall be governed and construed in accordance with the laws of India and shall be subject to the jurisdiction of the Courts at Mumbai only.
LIST OF RESTRICTED ITEMS
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
- Body parts which includes organs or other body parts
- Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
- Child pornography which includes pornographic materials involving minors
- Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
- Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
- Gaming/Gambling which includes lottery tickets sports bets, memberships/enrollment/ online gambling sites, and related content
- Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
- Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, servers websites, or other protected property
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
- Offensive goods which includes literature, products or other material that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Encourage or incite violent acts
- Promote intolerance or hatred
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
- Securities which includes stocks, bonds, or related financial products
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
- Wholesale currency which includes discounted currencies or currency exchanges
- Multi- level marketing collection fees
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.