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Use of the Platform and the features therein is governed by the following terms and conditions including applicable policies available on the Platform, notifications, and communications sent to the seller, which is incorporated herein by way of reference. To transact on the Platform, the seller shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform, the seller shall be contracting with ETPS MARKETPLACE PVT LTD, and these terms and conditions including the policies constitute your binding obligations to ETPS MARKETPLACE PVT LTD.
To begin the enrolment process, the seller must complete the registration process. As part of the application, you must provide us with your (or your business’s) legal name, address, phone number, e-mail address, and applicable tax registration details. We may at any time cease providing any or all the Services at our sole discretion and without notice.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. ETPS MARKETPLACE PVT LTD reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to ETPS MARKETPLACE PVT LTD’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the TOU and you have the authority to bind the business entity to the TOU.
Your Account and Registration Obligations:
During the use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the TOU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email, telephonically, or any other mode of communication, electronic or otherwise.
PAYMENT TERMS/PRODUCT PRICING AND COMMISSION SETTLEMENT:
- Seller shall quote the best, lowest, and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
- Seller’s continued use of Seller Panel (including updated information in Seller Panel, a listing of Products, inventory, etc.) and etpsonline.com (including selling price and MRP and product specifications) selling price shall be deemed as acceptance of such modifications/amendments/ revisions.
- It shall be the Seller’s responsibility to review the emails/notifications/by ETPS MARKETPLACE PVT LTD from time to time.
- Seller may provide a discount/offer on the Products. That seller may revise the selling price of the product by way of telephonic or e-mail or and/or any other mode of communication. The Selling Price of the Products offered for sale by the Seller on the Platform shall be in accordance with applicable laws, rules, and regulations (i.e. either equal to or less than, the maximum retail price of that Product). The maximum retail price, along with other statutory declarations, shall be mentioned on each product and/or on its packaging in accordance with applicable laws.
- Every week payment shall be made to the sellers after deducting marketplace commission, other dues, and applicable taxes for the delivered orders and no payment shall be pending for product delivered beyond 14 days of delivery.
- Payout reports shall be made available to the vendors every week for the payment made during the week and any queries thereof shall be raised within 72 hours of getting the reports.
- Seller shall provide No dues certificate on a quarterly basis. Seller acceptance of payout made by ETPS MARKETPLACE PVT LTD and continuity of further business shall be deemed as acceptance of market place commission deducted on all transactions made during the period.
- ETPS MARKETPLACE PVT LTD shall have the right to amend the market place Fees percentage applicable to any Product as provided in the Commercial Term Segment, with notice of the same to Seller by way of an email or telephonic conversation and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the ETPS MARKETPLACE PVT LTD market place Fees.
- The Selling Price in respect of a Product purchased by a buyer shall be received in full by ETPS MARKETPLACE PVT LTD either through the online system, i.e., the payment gateway offered by ETPS MARKETPLACE PVT LTD on the Platform, or by way of cash on delivery.
- Seller will be responsible for payment of all applicable taxes including sales tax and VAT. Seller agrees and acknowledges that Seller will pay ETPS MARKETPLACE PVT LTDMarketplace fee.
- For any marketplace Fees deducted, ETPS MARKETPLACE PVT LTD shall release the TDS amount to the Seller within 30 days after receiving an accurate TDS certificate. TDS deposit is the explicit responsibility of Seller to the government on time as per the Income Tax Act, 1961.
- Seller agrees thatETPS MARKETPLACE PVT LTD shall always have the right and option to deduct/adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other or previous transactions.
TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS, AND CONSUMER RIGHTS:
- Seller agrees that ETPS MARKETPLACE PVT LTD’s role is limited to managing the Platform for the display of the Products and other incidental services to facilitate the shopping transactions between Seller and the Buyers. Accordingly, ETPS MARKETPLACE PVT LTD is merely an intermediary and is only a platform/facilitator where the Seller may offer its Products for sale. At no time shall ETPS MARKETPLACE PVT LTD have any obligations or liabilities in respect of such contract nor shall ETPS MARKETPLACE PVT LTD hold any rights, title, or interest in the Products. ETPS MARKETPLACE PVT LTD shall not be responsible for any unsatisfactory or delayed performance or any actions or inactions of the Seller including delays as a result of the Products being out of stock.
- Seller shall ensure that the ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. Seller agrees and acknowledges that as a market place, ETPS MARKETPLACE PVT LTD will extend its value-added services enabling partners for the handling of logistics thereby facilitating the smooth functioning of the transaction between Seller and the Buyer and the Seller undertakes to furnish the accurate weights of the Products (i.e., the actual weight of the Product and accessories if any, along with its Packing) to be shipped by the Courier Partner. In the event of any discrepancy in the weight of the Product provided by the Seller and the weight of the Product provided by the Courier Partner at the time of shipment of pick-up of shipment, the weight provided by the Courier Partner shall be considered to be final and deviations if any in the logistic charges on accounts of such deviations shall be charged to and recovered from the Seller on actual basis. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of the Seller.
- Seller hereby agrees to accept all sales return (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.
- Seller will offer standard manufacturer’s or seller’s warranty actually associated with the Products. However, the Seller agrees that repair, replacement, or 100% (one hundred percent) refund of money will be given to the Buyer against any manufacturing defect or damage reported by the Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the Product at the time of dispatch of the Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer’s complaints will rest solely with Seller at all times.
- Seller undertakes to accept all the return shipments irrespective of the condition of the shipment and any dispute with respect to the condition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, no dispute related to returns shall be entertained by ETPS MARKETPLACE PVT LTD.
- Seller undertakes to put return shipment queries with the business team by email within 72 hours of receiving of shipments failing which such queries of Seller shall not be considered by ETPS MARKETPLACE PVT LTD.
- In case of receipt of a damaged product, Seller undertakes to send 360 deg photos within 72 hours of receiving such product, no claims shall be entertained against queries made after 72 hours.
Customer Dispute resolution:
Provided herein is the list of the disputes that may arise during the order fulfillment process for which Seller will be accountable.
- The seller should settle all disputes related to operations with Customers directly. Only payment will be done through ETPS MARKETPLACE PVT LTD for utilizing ETPS MARKETPLACE PVT LTD services.
- The seller should not get involved in any collusion activity with the customer. If Seller is caught indulging in such malpractices, ETPS MARKETPLACE PVT LTD may take legal action and levy penalties as deemed suitable by ETPS MARKETPLACE PVT LTD.
Customer Dispute resolution:
|Sr. No.||Particulars||Replacement / Return / accountability|
|1||Damaged/ Defective/Wrong SKU shipment||To be borne by Seller|
|2||Refund/ Replacement in case of wrong size, color issues||To be borne by Seller|
|3||Post Shipment returns up to a period of 14 days from delivery, because of product quality issue.||To be borne by Seller|
|4||Wrong Specifications (not in line as what is mentioned on the website)||To be borne by Seller|
|5||MRP Difference (e.g.-MRP difference on the website and on the product received)||To be borne by Seller|
Please send any comments or questions, including all inquiries not related to trademark and copyright infringement, on the Website to firstname.lastname@example.org