Marketplace terms and conditions(Seller Agreement)
Below terms and conditions are applicable for any shop/seller/individual(referred to as 'you' herein after. This includes any employees or third parties acting on your behalf) registration on the marketplace(referred to as 'us' , 'we', 'tatparcart','website'). By registering or operating as seller, you agree to all terms and conditions.
General Terms
· Seller(Shop, organization , individual etc) must have a physical store in the local area where is online store is being requested. Any exception will be approved on case to case basis by website.
· Seller must have government issued tax ID number.
· Sellers are responsible for ensuring quality of products and services.
· All tax and financial responsibility will be with seller. Seller will need to ensure compliance with all laws and regulations as applicable.
· This website may order products and services from time to time without notifying seller, to ensure quality of products and services. Website will make all reasonable attempts to return products as applicable but the cost of such orders will be born by the seller.
· Seller will need to provide all details about the store and products to ensure quality and safety of customers, failing which website reserves the right to terminate the store operation on its platform.
· Any changes to store or product information must be immediately communicated.
· Sellers will not share the website terms and conditions, contracts, commissions or any other non-public website information with third parties.
· Sellers will not engage in any activity which harms the business of the website or other sellers on the website, directly or indirectly.
· Website reserves all the rights regarding this platform including approval, continuation or termination of a seller account, for any reason.
· Any terms and conditions can be modified any time, without any prior communication.
Billing, adjustments and financial transactions
1. You will agree and abide by the registration fees, monthly fees, commission rates or any other fees applicable. These fees or rates can change from time to time and you agree and abide by them.
2. For any billing or financial transaction, Month will start 00:00 AM IST on the first day of the month as per English calendar and end at 11:59 PM IST on the last day of the month.
3. Day will start 00:00 AM IST as per English calendar and end at 11:59 PM IST.
Settlements
1. For cash transactions, the settlements will be done on weekly basis after amount has been received by the shop.
2. For Credit card, Debit card or other transaction, settlement will happen at least 7 days after final settlement done by financial institution or any other party as applicable.
3. Any refunds which need to be settled by us will be recovered from you.
4. Any chargeback or other fees/penalty imposed on us by any third party or financial institution will be recovered back from you along with any additional fees or penalties.
5. You agree to pay back any recovery amount immediately, once you are made aware of them.
6. Any delay in pay back of recovery amount would incur additional penalty(currently 8% of the total remaining amount monthly).
7. If there is any legal fees and costs incurred by us as a result of your actions, direct or indirect, you agree to pay us the same in full.
Shipping, Handling, Delivery and Returns
1. If you are handling shipping on your own, you will ensure highest level of standards to ensure timely and quality delivery of products or services
2. If there are any defective products, you agree to replace them at no additional cost to customer and bear any cost in replacing the same or provide full refund.
3. If there are any handling charges, you will mention them upfront and not recover any additional fees from customer later.
4. You will ensure that appropriate shipping method is selected while creating the product. If no shipping is selected, then product will be available with all available shipping methods.
5. After an order is placed, you agree to fulfill the order at the price order was placed.
Product and Services catalog
1. You will ensure the products and services are described correctly with all the details.
2. You will ensure prices are correct at all times. Once an order is placed, you will be bound to fulfill order at the price it was placed.
3. You will not try to mislead using deliberately low prices, incorrect images or by any other means.
4. You will only post the pictures of the products you are authorized to sell and maintain in your inventory. you are not allowed to post pictures which are not related to products or which you are not authorized to post. You will have all the responsibility for the posted images or contents.
5. You will only post products or services which are allowed by applicable laws.
6. You will not post products or services listed under exhibit 1.
Customer Disputes
1. In case of any customer disputes, we reserve the right to hold payment for the duration of dispute.
2. Any fees, charges related to dispute which are imposed on us by financial institution or any other third party will be recoverable from you and you agree to pay them immediately.
3. You will not try to contact customer directly or using any third party with any threats or uncalled for behavior.
4. You will act in a civilized and professional manner and use official means of communications only, as per applicable laws.
5. We are not directly or indirectly responsible for your products or services and will not be party in any disputes.
6. We reserve the right to provide information to law enforcement or other parties in case of disputes.
Seller Disputes and protections
1. You will not share information about your fees and rates with other sellers under any circumstances.
2. In case of any disputes with other sellers, you will directly need to coordinate and resolve the dispute.
3. You agree to not share any non-public information about your contract with us with any other third party.
4. You will not share any non-public information about other sellers with any third party.
Privacy policies
1. From time to time, we may share customer and other information with you for order fulfillment and other purposes. Under no circumstances, you are owner of the data. You or anyone acting on your behalf will not copy, share, transmit, save or capture the data for any purposes other than the intended purpose, with which data is shared. You will not capture or transmit the data outside of our platform by any means.
2. In case data is accidentally shared with you, you will promptly notify us and delete the data.
3. You will ensure that only authorized parties including your employees are having access to data.
4. If any data breach/loss happens, you will notify us immediately in addition to taking any steps as per the applicable laws. We will not be taking any action on your behalf and you remain responsible for any and all consequences thereof.
5. Any privacy breach is a major compliance issue in most countries India. There can be severe consequences for non-compliance with the data privacy policies , including but not limited to: Termination of seller account, monetary or other fines, legal action.
Preserving our interests
1. You will not engage in any activity, directly or indirectly which impacts our business interest in any form. Non compliance can lead to account termination, fines or legal actions.
2. you will not engage in any activities which impact our ability to operate e.g. hacking, denial of service attacks or any other activities.
Fraud, Accidents or other misshapen
1. In case of any loss or adverse action, due to any fraud, accident or other reason, you will not hold us accountable for the same. We will not be liable for any losses or legal actions.
2. This clause also applies to any acts of fraud, accidental or deliberate actions by employees or third parties
Acts or incidents out of our control
1. If any act or incident out of our control happens, we will not be held liable for any losses or adverse actions.
Compliance with tax laws, local laws and other applicable laws
1. You will comply with all applicable tax laws including reporting, filing or other activities.
2. You will comply with all local and national laws, including all e-commerce laws.
3. We are not responsible for your non-compliance with any laws. You will need to ensure compliance with any applicable laws and any associated expenses.
Disclaimer
1. Our decision in any matter which is part of this this agreement or not part of this agreement shall be final and binding.
2. We will not be responsible or liable in any case for the losses arising due to usage of this platform.
Appendix 1 - List of prohibited products and categories
This is not an exhaustive list and we can add or remove items any time. The list applies to physical products, virtual products, services. Final decision to approve any product is reserved by us:
1. Drugs of any kind
2. Prescription medicines
3. Alcohol and alcohol products
4. Tobacco, tobacco products, Gutkha, Pan masala etc
5. Porn of any kind
6. Adult literature and other adult material
7. Any kind of material promoting discrimination, hatred, violence
8. Any product, service or category prohibited by regulations
9. Pirated or fake material of any kind
10. Any licensed material you are not licensed to sell
11. Any copyrighted material you are not authorized to sell
12. Any products already expired or having expiry date within next 7 days