Availing the services offered by the website www.indianjugaad.in shall mean that the Seller expressly agrees to the following terms and conditions of the Sellers and as mentioned herein.
This Seller Agreement (hereinafter referred to as the “Agreement”) is entered by and between the “Seller” hereinafter referred to “Seller” being the First Party and www.indianjugaad.in, (hereinafter referred to as “Indian Jugaad”) a website owned by M/S 3C, a Sole Proprietorship Firm, having its registered office at 1st Floor, 50 & 51, Jodhpur Garden, PIN- 700 045 Kolkata, West Bengal, India., represented by Mr. Anish Agarwal referred to as the Second Party;
WHEREAS Indian Jugaad is providing e-commerce platform services to enable retailing of various products and services for the consumers in India across various categories through its web portal / URL www.Indianjugaad.in
AND WHEREAS the Seller is desirous of selling its products to the consumers in India through the web portal of the Indian Jugaad.
AND WHEREAS on the request of the Seller, the Indian Jugaad hereby allows the Seller to use its e-commerce portal for selling its product to consumers in India in the manner as stated hereinafter.
NOW THEREFORE in consideration of the foregoing premises 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, agrees as follows:
“Seller” Person or entity who desires to sell products online through the web portal www.Indian jugaad.in upon acceptance of the terms and conditions stated herein.
“Customer” shall mean any person placing an order for product on www.Indianjugaad.in.
“Intellectual Property Right” means any and all trademark, patent, design, copyrights, confidential information rights, trade secret or know-how rights, all rights of whatsoever nature in computer software and data, and any other intangible rights or privileges of a nature similar to any of the foregoing, in every case in any part of the world and whether or not registered.
“Payment Gateway” shall mean a gateway for receiving payment from the Customer through Debit Card, or Credit Card, or Internet Banking, or UPI, or Cash on Delivery or through any other means as the Indian Jugaad may deem fit.
“Price” shall mean the cost at which the product/s or service/s would be supplied by Seller to the Customer inclusive of all miscellaneous expenses and taxes, but shall not include shipping charges.
“Product” shall mean the product/s or service/s of the Seller uploaded for sale/ distribution to such product/s or service/s to the customers through the e-commerce platform of Indian Jugaad.
“Return Date” shall mean such date from the delivery of the product to the customer by which return the product may be initiated by the customer.
“Service Charge” shall mean the margin per transaction charged by Indian Jugaad to the Seller at the rates agreed to between the parties, upon the sale of product on online store.
“Shipping Charges” shall mean the logistics/courier/postal charges incurred for delivering the product to the customer.
“Website” shall mean www.Indianjugaad.in
“Logistic Partner” shall mean such courier/ postal/ shipping agencies as may be approved by Indian Jugaad.
Scope of Service
Indian Jugaad 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.Indianjugaad.in. Indian Jugaad would provide a separate link through which Seller will upload, create their catalogue for sale and distribute their products through the website and will monitor and update order information.
Roles and Responsibility of Indian Jugaad
Indian Jugaad shall bring in their technology through website development, online promotions, e-commerce engine and payment gateway integration and customer service for successful operation of website.
Indian Jugaad will be responsible for managing the customer service for only such Products that sold through the www.Indianjugaad.in. The customer services would be provided only till the expiry of return date of the product (as may be specified by Indian Jugaad), beyond the expiry of return date the Seller alone shall be liable to provide Customer Services.
Indian Jugaad shall also be responsible for processing all refunds for the Seller products sold through the website.
The software platform; e-commerce engine and payment gateways will remain the sole property of Indian Jugaad.
Indian Jugaad reserves the sole right and discretion to decide about the selection and listing of products on the website.
Indian Jugaad shall not be liable for any manufacturing defect in the product under any circumstances.
Indian Jugaad reserves the right to fix the return date of the product.
Indian Jugaad reserves the right to delete any content from the website if the same is found to be in conflict of any Intellectual Property Right of third person or is in conflict with any law in force.
Indian Jugaad shall credit the amount received in lieu of sale of the product in the bank account of the Seller within 7 working days from the expiry of return date of the product. Where the products are returned Indian Jugaad would not be liable to credit the amount in the bank account of the Seller and Indian Jugaad would be entitled to charge such amount from the Seller as may be specified in Schedule I.
Roles and Responsibility of Seller
Seller agrees to be Seller of Indian Jugaad for the sale and distributions of their product through the website during the term of this Agreement.
Seller shall be solely responsible to create and publish their product catalogue for display and sale of their products on through the website. The Seller will be solely responsible for updating / publishing or maintaining such information on the website.
Pricing of the product shall be sole prerogative of the Seller and the Seller shall be solely responsible for making any update on the price of the product. Indian Jugaad reserves the right to provide promotional discount, after discussion the same with the Seller and the cost of promotional discount shall be borne in such proportion as may be determined by the Parties. Indian Jugaad further reserves the right to provide promotional discount without the consent of the Seller and in such case the cost of promotional discount would be borne by Indian Jugaad.
The Seller shall be solely responsible for maintaining inventory of the product. The Seller shall also inform the quantity of product available for sale through the website.
The Seller shall be solely responsible for quality of the product delivered to end customer. The Seller shall source, pick, pack and dispatch the products to the applicable addresses of end customer through the logistic partner of Indian Jugaad only. However, the liability of the Seller would arise only in cases where there is wrong product is shipped; damaged product is shipped; the shelf life of the product has expired and other cases as may be specified by Indian Jugaad.
In case of return of product, the same would be picked up by the logistic partner of Indian Jugaad and delivered to the Seller. The Seller shall within 24 hours of receipt of the returned product shall verify the same and inform Indian Jugaad if refund has to been initiated. Where the Seller fails to inform Indian Jugaad within 24 hours it would be deemed that Refund has to be initiated by Indian Jugaad to the customer.
In case of replacement of a replaceable item/product, the delivery charges of the replaced item shall be borne by Seller under circumstances where the seller provides a damaged item/product to the customer. Indian Jugaad shall not be deemed responsible in any regard.
The Seller shall pack the product properly and ship the same through the logistic partner of Indian Jugaad. The liability of the Indian Jugaad or logistic partner would be limited to the extent provided in the logistic agreement executed by Indian Jugaad and logistic partner. Indian Jugaad shall not be responsible for any damage to shipment or loss of product over and above the amount specified in the logistic agreement and the Seller hereby agrees to undertake appropriate steps for insurance of the product, and if not such insurance is taken then the shipment of the product would be at the sole risk of Seller.
Seller will raise an invoice directly to the end Customer for all ordered products and will also send a copy of the invoice on the registered e-mail address of the Buyer and Indian Jugaad.
The Seller hereby expressly agrees not to sell any product which is in violation of any law for the time being in force.
For the purpose of registration at Indian Jugaad, the Seller shall provide a copy of GST Registration, Municipal Licence (if applicable), PAN Card, Seller’s Bank Account details or any other requirement as may be requested by Indian Jugaad.
By entering into this Agreement and posting a fixed price, Seller agree to complete the transaction as described by this Agreement. Seller acknowledge that by not fulfilling these obligations, Seller action or inaction may be legally actionable.
The Seller is not permitted to include any brand names or company logos or any Intellectual Property Rights of a third person in their listings other than the specific brand name authorised by the original manufacturer to be used for products being sold by Seller under a particular listing.
The Seller hereby agrees with the terms and condition of the Payment Gateway firm (which shall remain available on the Website) and Indian Jugaad shall not be liable for any dispute arising out of the services provided by Payment Gateway firm.
Representation and Warranties
Seller undertakes that the goods/products delivered are defect free, without any encumbrances and there has been no Intellectual Property Right violation of any third party by the Seller.
For any defect in the products, 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 shall strictly be in accordance with the Seller warranty policy as applicable to the Product.
By availing the services of Indian Jugaad, the Seller hereby agrees to pay all the service charge specified in “Schedule I”.
Indian Jugaad reserves the right to modify the commercial terms of the Agreement specified in “Schedule I” by giving seven (7) days advance notice to the Seller. In absence of any communication from the Seller it would deemed to have accepted the modified commercial terms.
Rights and Licenses
Pursuant to this Agreement no right, title or interest of the Seller is transferred to Indian Jugaad, unless otherwise agreed between the parties in writing.
Pursuant to this Agreement no right, title, interest of the Indian Jugaad is transferred to the Seller. The Seller shall not use intellectual property of Indian Jugaad on any its of advertisements, products, or any other material without obtaining prior written consent from Indian Jugaad.
The Customer database generated on the basis of the orders places by the Customers on the website shall become the sole property of Indian Jugaad.
Notwithstanding anything contained in this Agreement neither Indian Jugaad nor the Seller shall be liable for any inability to fulfil their commitments herein occasioned in whole of, or in part, by force majeure, including, but not restricted to, strike, lockout, fire, breakdown on account of natural calamity, war, on account of any regulation or restrictions imposed by the Government, inability to secure Government authorisation or approval, or any other cause beyond the reasonable control of the parties. Such force majeure occurrence shall be notified to the other party in writing immediately i.e. within fifteen (15) days.
If any provision/covenant/clause of this Agreement or the application thereof to any Person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to Persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permissible by law. Any invalid or unenforceable provision of this Agreement shall be replaced mutually by the parties herein with a provision, which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.
The Seller shall defend, indemnify and hold Indian Jugaad and its employees and affiliates, harmless from and against any suits, actions, proceedings, claims, liabilities, losses, damages, costs and expenses, arising directly or indirectly in connection with a violation of any law, regulation, notification or breach of any of its obligations or representations hereunder, by itself or by its officers, employees, agents or permitted assigns.
The Parties herein expressly agrees that all aspect of the contents of this Agreement shall be treated as confidential and that no information in respect to the content of this Agreement shall be disclosed without the prior written consent of the Indian Jugaad except as necessary to implement this Agreement.
The information protected under this clause may be disclosed to governmental agencies, judicial body, quasi-judicial body, regulatory authorities or any other statutory authority for the purpose of compliance of any statutory obligation.
This clause shall stay into force for a period of one (1) year from the termination of this Agreement, but shall not in any way limit or restrict the Parties to use its own confidential information.
This Agreement shall be valid and binding on both the parties until it is terminated by either party by giving fifteen (15) days prior written notice (including notice through email) to the other party without assigning any reason whatsoever for such termination.
Indian Jugaad may terminate this Agreement immediately in case of breach of any of the provisions of this Agreement by the Seller, and the Seller fails to cure the breach within ten (10) days after receipt of a written Notice of the breach.
This agreement may be terminated with immediately effect by either party upon written notice to the other Party, where any of the parties herein is adjudicated as insolvent or bankrupt by an appropriate judicial authority. Indian Jugaad shall also be free to terminate this agreement with immediate effect when proceedings are initiated under the Insolvency and Bankruptcy Code against the Seller.
Governing Law and Dispute Resolution
In case of any dispute or differences arising between parties out of or in relation to the construction, meaning, scope, operation or effect of this Agreement or breach of this Agreement, parties shall make efforts in good faith to amicably resolve such dispute.
If the Dispute cannot be amicable resolved by the parties within thirty (30) days of its occurrence, or such longer time as mutually agreed, such Dispute shall be finally settled by Arbitration conducted under the provisions of the Arbitration & Conciliation Act 1996 by reference to a sole Arbitrator which shall be mutually agreed by the parties. Such arbitration shall be conducted at Kolkata (W.B.) in English language.
The Arbitration Award shall be final and the judgement thereupon may be entered in any court having jurisdiction over the parties hereto or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The Arbitrator shall have the power to order specific performance of the Agreement. Each party shall bear its own costs of the Arbitration.
It is hereby agreed between the parties that they will continue to perform their respective obligations under this Agreement during the pendency of the Dispute.
All disputes & differences of any kind whatsoever arising out of or in connection with this Agreement shall be subject to the Exclusive Jurisdiction of courts of Kolkata (W.B.) only.
Amendment of the Agreement
Indian Jugaad reserves the right to modify this Agreement by giving seven (7) days advance notice to the Seller. Upon change of any of the condition of this Agreement, the Seller shall be free to terminate the Agreement after fulfilling all the obligations mentioned herein. In absence of any intimation within seven (7) days, the Seller would be bound to comply with the modified agreement.
Platform Charges – commission fee and other charges
Shipping Charges (including Return Shipping Charges)
Advertisement Charges – Special Display of the product