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Seller Terms & Conditions
MOU AGREEMENT
•
The person (sole
proprietor/company/partnership firm/limited liability partnership firm) who is
accepting the terms and conditions of this MOU either himself or through a duly
authorized signatory and who is legally allowed to do business in India
(herein after referred to as the "the Merchant")
•
Cravace and the
Merchant are hereinafter individually referred to as Party and
collectively as the Parties.
WHEREAS
•
The Merchant is in
the business of selling products in the categories selected/signed as part of
this MOU.
•
Cravace is involved
in the business of providing e-commerce technology, internet marketing
services, customer services, payment services, and fulfilment services to
Merchants interested in selling their products on the internet, through the
e-commerce technology platform & services offered by Cravace.
•
The Merchant, in view
of increasing their sales, is desirous of using the services of Cravace for
selling their products online through Cravace.in and fulfilment & delivery
of the order.
•
NOW THEREFORE, in
consideration of the foregoing and the promises contained herein the Parties,
hereto agree as follows:
Services
to be provided by Cravace:
•
Technology services: Cravace offers an end-to-end E-Commerce technology
platform that will allow the Merchant to attach your product on Cravace.in.
The technology services also include complimentary use of business tools
available on Cravace.in through a specific login to be created by Cravace for
the Merchant.
•
Internet Marketing
Services: Cravace runs intensive
internet marketing services for the entire marketplace to drive traffic.
Cravace can also run specific internet marketing programs and traffic
acquisition plans for the Merchant for a fee as decided by the Cravace.
•
Payment Services: Customers can make payments for their orders at Cravace
using payment options including credit card, debit card, net banking, COD (cash on delivery). Cravace.com has
created a wide network of payment gateways as well as companies handling COD.
• Order Fulfilment: Cravace shall provide customer support services and shall ensure delivery and completion of the transaction.
Obligations of the Merchants
• The
Merchant shall agree, accept and be bound by Cravace Privacy Policy, Terms of
Use, Policies and Rules, and all agreements, terms and conditions, terms of use
etc., that are duly communicated in writing to the Merchant or are displayed on
the website Cravace.in from time to time and are updated from time to time,
which are incorporated herein by reference.
•
The Merchant shall be
responsible for maintaining and publishing all information relating to products
on their online and shall have non-exclusive right to display, advertise and
offer for sale its products on the online platform. The product sold by the
Merchant is genuine and new and is not old/used one or a counterfeit product.
•
The Merchant shall
ensure that the quality of the products is genuine, brand new, and they are
legally allowed to be sold in India by the Merchant. The Merchant acknowledges
that any and all liabilities arising in connection with any defect, fault or
shortcoming in the product(s) including but not limited to infringement of
intellectual property rights of any third party, shall be of the Merchant alone
and Cravace shall not be liable for the same in any manner whatsoever. The
Merchant agrees to keep Cravace harmless and indemnified in this regard.
•
The Merchant shall
regularly update product price and quantity and assumes any liability for the
wrong priceor product quantity/availability (in case product gets sold).
Cravace shall not be liable for the same in any manner whatsoever and the
Merchant agrees to keep Cravace harmless and indemnified in this regard.
•
The Merchant shall
deliver the sold products to Cravace fulfilment team within 36 hours or ship it
directly to the customer if the prior approval has been obtained from the
Cravace within 36 hours after the order has been received.
•
The Merchant shall be
responsible for after sales service for the product and to handle any customer
complaint regarding product quality , warranties and any harm or reaction on
skin . Cravace shall not be liable for the same in any manner whatsoever and
the Merchant agrees to keep Cravace harmless and indemnified in this regard.
•
The Merchant agrees
to bear the cost of both the forward shipping and reverse shipping for the
items sold as Cash on Delivery and returned due to no claim by the buyer. The
Merchant further agrees to bear the cost of two way shipping and restocking
charges in the event of product being delivered is significantly different from
listing description.
•
The Merchant agrees
to be bound by the Cravace Return Policy to accept the items returned by
customers.
•
The Merchant agrees
to respond to RTO (Return to seller) Orders Delivered to You within 48 hours. All the RTO order will be send directly
back to you. An automated mailer will be sent out every day with the list of
orders. In case of any discrepancy you must respond within 48 hours to Cravace
Merchant Support.
•
The Merchant agrees
to pay the selling service fee if the Merchant is unable to deliver or ship a
sold item within SLA or unable to fulfil the order.
•
The Merchant
acknowledges that all payments by Cravace to the Merchant shall be after
deduction of any money due from the Merchant to Cravace including selling fees,
fulfilment fees, return charges against any other orders, etc.
• Merchants are not eligible to be a part of the Cravace affiliate program. Any direct or indirect association with an affiliate will be a violation of policy and lead to permanent suspension of the merchant's account.
Representation & Warranties of the Merchant
• The
Merchant hereby represents and warrants that:
• it has the
full right, power and authority to enter into this Agreement and perform its
obligations hereunder;
• it will
comply with all applicable Laws in its performance of this Agreement in
connection with the offering and sale of all products and services offered
and/or sold through the Cravace.
• it has
necessary legal rights to publish the products, pictures, data and other
details published by the Merchant on Cravace.in including any trademarks,
logos or devices forming part of the same and is not putting up any details as
mentioned in this MOU or otherwise on Cravace.in which may result in a third
party claim against Cravace or its directors, members, officers and employees
or other merchants/vendors.
• The Merchant shall create an online catalogue of products and upload product listings in their online store at Cravace.in. The Merchant acknowledges that he shall be solely responsible for the relevant reference numbers of the products and the Merchant shall create, acquire and upload legitimate and accurate catalogue data.
Indemnity
• The
Merchant agrees to defend and hold Cravace and its affiliated and related
entities, and any of their shareholders, officers, directors, agents and
employees harmless from and indemnified against any claims, lawsuits, penalties
and damages arising out of any breach by Merchant of this MOU or the
representations and warranties contained in this MOU or of any terms and
conditions and/or policies of Cravace as available on Cravace.in. In the event
of any third party claim in relation to the products being traded by the
Merchant on Cravace.in which is caused due to default of the Merchant, the
Merchant shall, on demand, pay liquidated damages , the total value of the
claim made and legal expenses incurred by Cravace in defending such claim,
whichever is higher ('Merchant LD'). The Merchant LD shall be in
addition to and not in derogation of any other rights and remedies that Cravace
may have under law, this MOU or equity.
• In the
event of a third party claim, specifically in relation to infringement of
intellectual property rights of such third party, Cravace shall be entitled to
provide all details of the products, Merchant, sales completed or pending,
deliveries made as may be required by such third party or mandated by an order
or judgment of any court or other judicial or quasi judicial authorities and
Merchant shall be under an obligation to ensure that Cravace is not a made a
party to any such third party claims as described herein and shall promptly and
unilaterally take adequate steps to absolve Cravace from any liability of any
nature whatsoever, either present or anticipated.
• Merchant
acknowledges and agrees that Cravace may at its sole discretion hold, suspend
or debit an amount from Merchant's payment as compensation, in the event
Merchant has been found to be in breach of its obligations or warranties under
this MoU or it has been alleged by a third party that the Merchant is in breach
of policies of Cravace.in. Merchant acknowledges that the aforesaid remedies
shall be addition to the right of Cravace to terminate this MoU forthwith without
any notice to Merchant
•Termination
Without
prejudice to any other remedies BOTH PARTIES shall have the right, at any time,
to terminate this MOU forthwith, by giving a notice in writing to the OTHER
PARTY.
• Governing Law and Jurisdiction
This MOU shall
be governed by and construed in accordance with the law of India and the
parties hereto submit to the exclusive jurisdiction of the courts at Ambala
cantt, India.
• Electronic Execution
This MOU is
being executed electronically and each Party recognizes that the same is
validly executed under the Information Technology Act, 2000 and shall form a
binding agreement between the Parties and no Party shall claim invalidity of
this MOU merely on the grounds that this MOU is being executed electronically.
For the aforementioned purposes, the Parties hereby agree that this MOU is
being concluded and executed at Ambala cantt.
• Assignment
• Merchant shall not be entitled to assigns its rights and obligations under this MOU without prior written consent of Cravace.
CONDITION 1 – IF PRODUCT WILL BE MAINTAINED AT OUR END
Cravace India will pay the amount of stock it will buy from Merchant according to the margin .
• If any big order or out of stock product at our end comes on Cravace then merchant will process the order, for this Cravace will be sent packing logo tape to you.
•
REPLACEMENT
– If any
product is not sale for long time, then it will be replaced by same price
product.
CONDITION 2 – IF PRODUCT WILL BE SENT FROM YOUR SIDE
In Shipping who will be the liable ( In case of products send from your end )-:
- If the order cancels without any reason, shipping charges
debit from Cravace account.
- In case of any quality issue, short coming, any damage
condition of product packing Merchant shall be paid for shipping.
- In case of packing damage, investigation team will
decided for shipping liabilities, so please click the photo or video at the
time of packing for evidence.
- All quality related liabilities is yours ,Cravace is not
liable for any quality issues of your products .
Payment terms and conditions ( If material pack from your
end)
- Your billing cycle will be 15 days. You will be paid in every 15 days, whether 1 order or 10 orders.
- On receipt of order on Cravace , you will be sent via mail and you will generate the invoice to Cravace which has been finalized in deal .
·
All due payments will be paid through
NEFT/RTGS/IMPS/NETBANKING/CHEQUE.
Packing details :-
- Packing
tape will be from CRAVACE side for packing the box.
- Packing box will be yours for product(s) packing.
