Seller Policy


THIS AGREEMENT (THE “AGREEMENT”) IS AN ELECTRONIC DOCUMENT IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THE AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND AWACRAFT (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND AWACRAFT, INCLUDING WITH RESPECT TO THE LISTING, MARKETING, SALE AND DELIVERY OF ANY PRODUCTS THROUGH THE WEBSITE (DEFINED BELOW). IF ANY TERMS OF THIS AGREEMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY AWACRAFT.COM.

“AWKART SHOPPING” is the operator and licensee of www.awacraft.com {Website}. Awacraft can be contacted by e-mail at sales@awacraft.com.

For the purpose of this Agreement, the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its duly appointed authorized signatory only, who has completed Awacraft.com Seller Registration Form as required by Awacraft.com (hereinafter, referred to as the “Seller” / “You”, which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include Your heirs / subsidiaries, affiliates, successors, and permitted assigns) shall constitute the FIRST PART;

AND

Awkart Shopping, a company incorporated under the Companies Act, 1956, having its corporate office at 381/1 Saheed Hemanta Kumar Bose Sarani Jawpur Road Kolkata 700074 IN (hereinafter referred to as, “Awacraft.com” which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns) shall constitute the SECOND PART. (“The Company”) offers various retail solutions, including through its website www.awacraft.com and other applications ("Platforms") various online lifestyle, fashion, grocery and electronics solutions, which inter alia facilitates the sale and purchase of products across categories related to fashion & lifestyle, consumer electronics, and general merchandise ("Products") by users of the Platforms ("Users").

Seller/You and Awacraft.com may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.

Users are requested to read and understand the Policy very carefully before using or accessing the Website. Through this Policy, Awkart Shopping intends to convey the manner in which the user’s information is collated and used by Awkart Shopping while providing the services of the Website. This Policy is binding on every user of the Website and users who do not agree with the terms of this Policy should not use or access the Website.

 

WHEREAS

1.Awacraft owns and operates an online market place on the website located at the URL https://awacraft.com/ (the “Website”) which acts as an online platform for different sellers to sell their products and for different buyers to access variety of products and to purchase the products offered by sellers;

2.You being desirous of using the Website as a platform to offer and sell your Products (defined below) to the users of the Website have completed Awacraft Seller Registration Form to enroll as a registered seller on the Website;

3.As a part of the registration process, Awacraft requires You to agree to the terms and conditions for offering for sale, and selling, the Products, dispatching the Products purchased by a Buyer (defined below), and accessing and using the Seller Panel (defined below) on the Website as detailed in this Agreement.

 

HENCE THIS AGREEMENT IS NOW MADE AND THE PARTIES HERETO AGREE AS FOLLOWS:

1.1 “Acceptance” shall mean your affirmative action of clicking on the box against the words “I Accept” provided at the end of this The agreement, by which action you clearly accept the terms and conditions of this Agreement.

1.2 “Agreement” shall mean this Seller Agreement in its entirety, including all content that is referenced or hyperlinked in this Agreement.

1.3 “Banned Products” shall mean the products/goods/articles included in the Awacraft Banned Products List, which is hyperlinked to this Agreement.

1.4 “Buyer” shall mean any user of the Website who purchases any Product of the Seller through the Website.

1.5 “Courier Fees” shall mean the fees payable to Awacraft for availing of the courier services through Awacraft Courier Partners and shall mean the courier fees as may be provided from time to time in the Commercial Term Segment.

1.6 “Courier Partner” shall mean the courier companies with whom Awacraft has partnered for couriering / delivering the purchased Products to the Buyers.

1.7 “Fulfillment Centre” shall mean a building/warehouse, identified by Awacraft to the Seller, at Awacraft discretion, where Seller may place a limited quantity of the Product until the Products are sold and dispatched to the Buyers.

1.8 “Fulfillment Centre Charges” shall mean the charges as may be provided in the Commercial Term Segment as the fulfillment center charges.

1.9 “Invoice” shall mean the invoice as may be raised by the Seller on the purchase of a Seller’s Product by a Buyer, through the Website.

1.10 “Packaging Material Charges” shall mean the charges as may be provided in the Commercial Term Segment as packaging material charges.

1.11 “Payment Collection Fees” shall mean the fees (or percentage) as may be provided in the Commercial Term Segment as payment collection fees.

1.12 “Product(s)” shall mean the product(s), made available by the Seller for sale on the Website.

1.13 “Seller Panel” shall mean a web page/account on the Website provided by Awacraft to the Seller with a unique login id and password to update the order status, price and inventory of the Products on the Website.

1.14 “Selling Price” shall mean the price of a Product in INR at which such a Product is offered for sale by the Seller to the prospective buyer on the Website.

1.15 “Seller Proceeds” shall mean the net amount receivable by the Seller after deduction of the Awacraft Marketing Fees, Payment Collection Fees, Courier Fees, Fulfillment Centre Charges (if applicable) and other charges (if any) from the Selling Price.

1.16 “Awacraft Marketing Fees” shall mean a percentage of the Selling Price payable to Awacraft by the Seller on the sale of any Product through the Website. This percentage may vary from Product to Product, as provided in the seller registration page.

1.17 “Awacraft Policies” means the „Anti-Bribery & Anti-Corruption Policy‟, „Awacraft Banned Products‟ List‟ and „PaywithTrust Policy‟, which are hyperlinked to this Agreement & such other policy (including any amendments thereof) which Awacraft may issue and make applicable on the Seller from time to time including but not limited to Seller Panel Terms of Use and Privacy Policy and the Terms of Use, the Privacy Policy and the Copyright Policy of the Website which is applicable to the Seller.

1.18 “Term” shall mean the period commencing from the date of acceptance of this Agreement by the Seller up to the termination of this Agreement in accordance with Clause 15 as provided herein below.

1.19 “Territory” shall mean the Republic of India. 1.20 “Website” shall mean the website located at the URL „https://awacraft.com/‟ or such other URL as may be specifically provided by Awacraft.

 

2.COMPLETION OF SELLER REGISTRATION

2.1 As a part of the registration process, You state that You have completed the Seller Registration Form and provided other relevant details as required by Awacraft. You represent that You, in your individual capacity and/or as an authorized representative of the entity registering as a seller on the Website, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.

2.2 You also represent that you have provided to Awacraft your information such as name, contact details, email address, account details, PAN No., Service Tax Registration, and other compliance-related details through the Seller Registration Form and that such information is true and correct as on date.

2.3 You have the option of accepting or declining to accept this Agreement. Please provide Your Acceptance to this Agreement if and only if you are agreeable to the terms and conditions provided herein. On Your Acceptance of this Agreement, Awacraft will send an “Agreement Acceptance Notification,” along with a copy of this Agreement in PDF format, to the email provided in the Seller Registration Form. The Agreement Acceptance Notification will contain a statement requesting You to contact Awacraft within twenty-four (24) hours if the acceptance of this Agreement has not been provided by You.

2.4 If You are not agreeable to the terms and conditions of this Agreement, please decline to accept this Agreement by clicking on the appropriate box. This will stop the Seller registration process.

2.5 You will be responsible for maintaining the confidentiality of the Seller Panel and the information provided therein and shall be fully responsible for all activities that occur under Your Seller Panel. You agree to (a) immediately notify Awacraft of any unauthorized use of Your account information or any other breach of security, and (b) ensure that You exit from Your Seller Panel at the end of each session. Awacraft cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. You may be held liable for losses incurred by Awacraft or any other user of, or visitor to, the Website due to authorized or unauthorized use of Your Seller Panel as a result of Your failure in keeping Your Seller Panel and the account information secure, absolute, correct and confidential.

2.6 You agree that as a registered Seller of the Website, You shall not transfer/sell/trade the Seller Panel to any other person or entity.

2.7 Awacraft reserves the right to determine the Sellers who may sell on the Website. Awacraft also reserves the right to suspend access to registered Sellers to the Website and the Seller Panel or to terminate such access granted under this Agreement, without assigning any reasons for doing so. Awacraft also reserves the right to select/delist the Products displayed/offered for sale or to be displayed/offered for sale on the Website.

 

PURCHASE AND DELIVERY OF THE PRODUCT

3.1 You agree that You will abide by the terms and conditions of this Agreement and Awacraft Policies, including any amendments thereto made by Awacraft from time to time which may be made without notice to You.

3.2 You shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. You shall also be required to provide all details relevant to the sale/purchase of the Products, including the Selling Price, an informative description of each Product (including but not limited to the length, breadth, and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Website, along with the Selling Price.

3.3 You represent that You shall provide accurate Product information on the Seller Panel/Website. The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold product does not match the Product description displayed on the Website, You agree to refund any amounts that You may have received from the Buyer.

3.4 You shall be responsible for ensuring that the Seller The panel is updated and reflects the real-time availability / non-availability of the Products listed on the Website. Awacraft shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Website due to any negligence/default on the part of You to provide updated and accurate Product information. You shall be required to retain an adequate inventory of the Products listed on the Website, for successful fulfillment of orders.

3.5 You shall not attempt to sell any products falling in the category of Awacraft Banned Products‟ List on this Website. Awacraft shall be entitled to block all such products and shall also have the right to suspend or terminate the Seller‟s access to the Seller Panel and the Website or terminate this Agreement forthwith.

3.6 When a Buyer elects to purchase a Product through the Website, Awacraft shall receive the order for the Product only in the capacity of an online marketplace.

3.7 For all orders placed on the Website, payments shall be collected by Awacraft on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. You hereby authorize Awacraft to process, facilitate, collect and remit payments to You, (collected either electronically or through cash on delivery), from the Buyers in respect of the sale of the Products through the Website. You also agree that, in doing so, Awacraft will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website. You also agree that the payment facility provided by Awacraft is neither a banking service nor financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, Awacraft is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.

3.8 On the Buyer making the payment of the Selling Price through the payment gateway provided on the Website or opting for cash on delivery, You will be intimated of the same through the Seller Panel.

3.9 Awacraft shall provide the necessary backend infrastructure, like call center, order management system, etc., for capturing the Buyer/order details placed on You. Orders placed by the Buyer will be forwarded to You/Reflected in the Seller Panel. You shall package the Product(s) in accordance with the packaging guidelines issued by Awacraft from time to time and dispatch the Product(s) to the Buyer.

3.10 You shall ensure that the purchased Product is dispatched to the Buyer, within such time period which Awacraft may prescribe from time to time, along with all the required information, manuals, accessories (where applicable) warranty documents (where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. You shall also issue a corresponding Invoice in the name of the Buyer, which Invoice shall be sent to the Buyer along with the Product. You shall be responsible to update the Seller Panel to reflect this development.

3.11 The default delivery model provided by Awacraft for the delivery of purchased Products to the Buyers is the Drop-Ship Model as detailed herein below. Awacraft may, at its discretion, introduce other delivery models listed in this Clause, at any time in the future. On the introduction of such other delivery models,Awacraft may, at its discretion, offer these delivery options to all or select Sellers. All three (3) delivery models have detailed below for the Sellers‟ information.

 

1.Model 1 – Drop-Ship Model - (Default Model) - You will be responsible for packaging and shipping the Product to the Buyer via courier through one of the Courier Partners;

2.Model 2 - One Ship Model - If You receive several orders from the Website, then in order to expedite collection and dispatch of such Products, a designated Courier Partner shall first collect all such ordered Products from You and consolidate them at a designated premise (consolidation center) and then the respective Products will be dispatched to the Buyers by the Courier Partners identified by Awacraft;

3.Model 3 - Fulfillment Centre – You may keep the Products in the Fulfillment Centre along with a detailed inventory of the same, Awacraft shall be responsible for packaging and dispatch of the Products to the Buyers as per the orders received by the Seller from time to time and in accordance with the directions of the Seller; or

1.Model 4 – Seller Self – You will be responsible for packaging and shipping the Product to the Buyer via any courier service other than the Courier Partners.

3.12 You shall keep Awacrat informed promptly on any information that shall impact the delivery of a Product to the Buyer.

3.13 You confirm and understand that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website will cause great prejudice and harm to the reputation and goodwill of Awacraft and may also cause harm and prejudice to the Buyers. You acknowledge and warrant that You shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of Awacraft. Further, if Awacraft receives any complaint from any Buyer or if You sell or deliver wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website then You shall be liable to pay three times the Selling Price of the Product sold, as damages to Awacraft. Awacraft reserves the right to adjust the above amount from any amount accrued to You pursuant to this Agreement.

Payments
Awacraft uses third party payment providers to receive payments from the Buyers on Seller's behalf. Awacraft is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Awacraft takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Awacraft does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. Awacraft shall only make payments to the Sellers subject to realisation of payment received from the Buyer to Awacraft. The Seller payment is typically net of the service fee charged by Awacraft for its services and after deduction of applicable withholding taxes (if any).

Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by Awacraft from the Buyer within [3] days of booking the Transaction and completion of verification of payment, Awacraft shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, Awacraft shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.

  • Remittance to Sellers: Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:

    • Buyer confirming the Delivery of items in the Transaction, or
    • Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within [4] days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or
    • Buyer does not raise a refund claim within [4] days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by Awacraft on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or

     

    All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller's Bank Account. In cases where the Payment on Delivery option is selected, remittance of the Transaction Price paid by the Buyer will be made within [15] days of Delivery and only after the payments received from the Logistics Partner are reconciled with the Website/ Company. For Prepaid Orders, the amount would be remitted in [7] days after delivery of orders (and if the buyer doesn't place a return)

    Awacraft reserves the right to keep on hold the remittance to the Seller for purposes of safety of the Awacraft Payment Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and Awacraft may contact the Seller for verification of or additional information, details, data and documents. Awacraft reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.

    Remittances to the Seller for their successful Transactions under the Awacraft Payment Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.

 

 

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