Policy for Sellers
In the event of any conflict between these Terms and any other document published by the Website, the Company’s decision as to which shall survive shall be final.
The term Website shall mean www.craftsventure.com and the term Company shall mean Maxway Cosmos India OPC Private Limited. The term "We", "Us", "Our" shall mean the Website and the Company.
The term “You” (where the context requires), “Seller”, “Vendor”, and “Merchant” shall mean any person/ firm/company/entity which has registered with Us to sell its products on Our Website.
Any Seller/ Vendor who wishes to sell their products through Our Website shall duly register themselves on the Website, by filling up the necessary information sought in the Registration Form, pay any registration fees (if applicable) and other personal and business-related details which includes but is not limited to Name, Address, Details of Products to be sold, Bank Account Details, PAN Number, and Registration Number (if applicable).
You have a liability to provide accurate information about You and Your Business to Us. In the case that You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the right to suspend Your account and/or terminate this Agreement without being held liable for the same.
We also reserve the right to terminate or suspend Your Account in the event, You do not provide the required details or information for the registration and We shall activate the account only upon receipt of such information and verification of the same. You are required to inform Us of any changes in the information provided to Us.
We shall also terminate or suspend Your Account in the event You breach the terms of any document published by Us and shall hold you legally liable for the losses suffered by Us on such breach. We may also not pay the amounts due to You until such breaches are made good by You. We may seek the help of legal enforcement agencies to take appropriate actions against You for such breaches.
DELIVERY AND LIABILITY WITH RESPECT TO PRODUCTS
With respect to the delivery of Products, You understand that We are not liable for the delivery of any Products to the Users who place the orders. The Website is an intermediary which connects You to Users through this online platform and shall not be liable for the delivery of the Products. It is Your responsibility to pack and duly deliver the Products once the Orders have been received from Us once the User places an Order with Us. You are also expected to provide Us with the details of logistics so that We may duly update the same on the Website for the User’s convenience. We shall not be liable for any issues due to delayed deliveries and You shall be wholly responsible for the same.
You shall also provide appropriate invoices in the name of Your organization’s letterhead along with the Product so that the User may use it as a reference for any future communications. You also understand that an invoice is a legally mandated document for evidencing every sale.
We shall not be liable for the quality of the Products sold by You. We are a marketplace and We shall not be liable for any damaged, malfunctioning, wrongful, broken Product sent by You to the User. You are solely liable for the Product sold by You and We shall not be a party to any matter concerning the same.
Please remember for Cash on delivery only company appointed logistic service provider will be used. In case of Cash on the delivery transaction, the appointed logistic partner will collect the properly packed consignment or docket, delivers the consignment to the respective buyer, and collect the transaction price along with any other applicable charges (if any) from the buyer within the stipulated time.
It is the sole responsibility of the seller to ensure that the goods shipped and received by the buyer are in good condition and not damaged for any reason whatsoever irrespective of whether the delivery is made by the logistic partners or the seller has availed the services under value-added services.
It shall be the seller's responsibility to ensure that before listing for sale on the website that such items can be shipped to outside India under applicable laws and in case of violation of such laws it will be solely your responsibility to make good any losses incurred or cost bourn by the website or the company or other user.
Buyer Satisfaction: This is the critical aspect of performance and you shall ensure that there is not more than 15% of negative feedback or reviews from users who have purchased the item listed by you, In such cases, the company at its sole discretion may cancel your listing and put certain checks to ensure better services to its client.
We reserve the right to levy certain charges for providing the infrastructure and the facilities provided under Value added services offered by the company or of the Website to You. We shall duly provide an invoice every month or every quarter as agreed mutually. You may also be required to pay for any additional services obtained from Us under value-added services from time to time. You are also liable to pay any applicable taxes, levies, cesses, and charges upon the amount paid to Us. In the event, it is not paid, We reserve the right to deduct the same from the amount due to You from Us.
You understand that We reserve the right to amend the infrastructure charges or facility charges due to Us from time to time after notifying You. Any continued usage of the Website post such notification shall be construed as acceptance of such modified charges.
We reserve the right to set the maximum number of transactions on the Website for the safety of its Users.
In the event, You do not pay the applicable charges, We reserve the right to suspend or terminate Your account. We may also initiate legal action to claim any payment that is due to Us.
We charge 20% commission plus applicable service tax for the services rendered by us. The commission is calculated on the sale price. Any direct or indirect discounts given by the company will not be considered in the sale price. Shipping, Packing, and handling of a product are managed by the Seller.
The Vendor shall provide all the necessary information regarding the products/services sold on the Website including images, graphics, and text descriptions. However, the Vendor shall ensure that the copyright of the images and other information provided rests with the Vendor and only the Vendor shall be liable for any copyright violations with the same.
All listed items must be listed in the appropriate category on the website. If you choose, the company or website will assist you in writing suitable product descriptions of the item to be listed taking photographs/images of the item to be uploaded on the website. In such cases, you are liable to verify all such content of the listing photographs/images, etc., provided by the company and edit, modify, vary, delete as may be necessary to accurately describe the item to be listed. It is clarified that the copyright in all photographs or images produced with the assistance of the company shall exclusively belongs to the company and you agree that under no circumstance will the company be liable for any misrepresentation in respect of the listed item. If you wish to avail of item listing services provided under value-added services offered by the company or website you agree to comply with terms and conditions of the policy of value-added services incorporated herein by reference.
The images, graphics, and text descriptions provided with the item shall not be misleading and must describe the product accurately. In the event the product description does not match the actual condition of the product, the Vendor shall refund the amount received from the Buyer. There shall be no exaggeration of the Product and the locations to which the Product is deliverable shall be stated in the description itself. The images used shall be actual images of the Products whose Intellectual Property vests in you and not any third party.
The Vendor shall not encourage the User to send payment via means not approved by Us or the Website.
The Vendor hereby agrees to sell its products on the Company’s Website inclusive of taxes and other applicable duties on the sale of the products.
The Vendor hereby agrees and understands that there are no minimum purchase or inventory commitments required of the Company and the Company does not guarantee any particular sales volume with respect to Seller’s Products.
The Vendor hereby agrees to procure the necessary approvals, permissions, and licenses required for the running of the business.
The products sold by the Vendor on the Website shall be of superior quality and any issues faced with respect to the product shall be the sole responsibility of the Vendor.
The Vendor understands that We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the sale of products on the Website, its services or these Terms (however arising, including negligence or under torts or under the public policy).
We shall not be responsible for any liabilities arising out of the products sold. We shall be indemnified by the Vendor of any losses suffered by Us due to the actions of the Vendor and its affiliates.
The Vendor shall strictly adhere to the brand & quality guidelines mandated by the applicable laws, in the sale, packaging, and delivery of the products. Any failure to comply with these shall be treated as a breach of these Terms.
Once a product is enlisted on the Website as available, under no reasonable circumstance should the Vendor deny to provide an order. Once the product’s availability is over, the Vendor shall duly update that on the Website.
The Vendor shall also ensure to not default an order once it has been placed and accepted.
We shall duly update the Vendor upon receipt of payment from the Buyer within four(4)days of receipt of the payment. In the event, the Buyer opts for Cash on Delivery, We shall intimate the Vendor the same. Upon receiving such intimation, the Vendor shall prepare for the dispatch of the Order within three(3)days.
Once an order has been dispatched, the Vendor shall duly update the information of delivery on the Website or any other mutually agreed mode to enable the Company to forward the same to the Buyer.
In the event of a delay in delivery of the product, the Vendor shall duly intimate the reason for the delay and the expected date of delivery to Us within (2) days of the placement of the Order.
In the event, the Vendor discontinues a product the Vendor shall intimate Us with a notice of five(5)days of the same.
In the event, any product sold is returned as inferior or damaged or has been returned by the User in accordance with Our return policy, the Vendor shall be liable to bear all the liabilities regarding the same. The Vendor undertakes that the pricing of the products on the Website shall be competitive and best taking into account all applicable taxes.
The Vendor hereby understands that a defective product or a product that is different from the photographs or description is delivered, it is qualified for returns. The Vendor shall treat such grievances with utmost importance and ensure that the appropriate item is shipped or shall do the needful to refund the entire amount paid including but not limited to the shipping and any transactional charges borne by the Buyer or the Company.
The Seller shall be liable to pay the Service Tax, Sales Tax, VAT, and any other applicable government duties.
The Vendor shall ensure that the products/services sold by the Vendor do not infringe the intellectual property or other rights of any third parties. In the event, such violations occur, We shall not be liable for the same and the Vendor shall indemnify Us against it.
The Vendor shall ensure that the listed items are in stock for successful fulfillment of sales by providing a weekly inventory to Us and providing updates once a Week regarding stock availability. Any change to the inventory, both online and offline, should always be with the inventory provided to Us. The Vendor shall not list a Product that is not available.
In the event, the Vendor decides to sell a product on another Website or offline; such information shall be updated on the Website for Our information before taking such steps. The Vendor shall not encourage the Buyer to purchase a Product from an alternate source.
The Vendor represents that the Vendor is the sole and exclusive legal owner of all items, goods, or products of any description listed on the Website and that the Vendor has an absolute right, title, and authority to deal in these products and offer for these products for sale.
The Vendor shall choose the modes of payment through which its Buyers can make payments on the Website from the available modes of payment approved by the Website. In case, the Vendor fails to choose any, the User may choose any of the available methods and the Vendor shall not deny fulfilling such order.
The Vendor hereby undertakes to ensure that the Order is shipped to the exact address provided by the Buyer at the time of order placement.
The Vendor shall ensure that for delivery of Orders, the Vendor shall use a reliant logistics partner with proper methods to track the Order and signature confirmation on delivery. Records of confirmation of delivery shall be maintained for the entire financial year by the Vendor.
The Vendor hereby undertakes to take steps to act in response and resolve any consumer grievances from the Buyer’s end within SEVEN (7) days from the date of receiving such grievance.
All Orders shall be delivered within fifteen (15)days from the date of receipt of a payment notification by the Vendor.
The Vendor shall ensure that any grievances regarding warranties or guarantees promised to the Buyer is handled separately and We shall not be included in such discussions or matters.
Cancellations of Orders from the Vendor’s end are permitted under the following circumstances including the loss to properties due to fire or natural calamities or any acts of God. The Vendor shall ensure that any payment made in part or in full, including but not limited to shipping and transactional charges .is refunded to the Buyer or to Us within five(5)days of the cancellation of the Order.
The Vendor shall not sell any Product that is restricted by Us or by law. In the event, it is brought to Our notice that a Vendor is selling such a Product, We reserve the right to either remove the listing or terminate the account and notify legal enforcement agencies.
The Vendor shall abide by all laws of consumer protection and competition as applicable.
The Vendor shall not initiate legal actions against any User for any negative feedback given by any User on the Website. The Users have the right to write reviews and give ratings and any loss of business due to such ratings and reviews shall not be attributed to the User.
We shall duly transfer the payment due to the Vendor upon the successful completion of any Order barring the return of any Product, cancellation of Order or refund claims.
The transfer of payment shall be dependent on factors including notification of successful dispatch and delivery by the Vendor within the stipulated delivery time and the User not raising any refund claim in accordance with the returns, cancellation, and refund policy or rejection of any such claim by the Company.
We shall transfer the amount due after deduction of our commission (if applicable) within (7)days of delivery of Order to the User through cheque/ demand draft/ online transfer to the bank account details provided to Us. However, if the Buyer opts for Cash on Delivery, the amount shall be transferred only upon settlement with the logistics partner by the Vendor.
FEEDBACK: Buyers are entitled to write reviews, feedback, and rate the item as well as the seller on the website. As a seller, you accept such reviews and understand that reviews and ratings may be adverse to your business economics and other interest including reputation. You hereby wave any right you may have to take legal or any other action against any user, company, or website for any loss of business reputation or any other losses arising out of such reviews or ratings.
The Vendor represents and warrants to the Company that
1. The products are safe and not made of any hazardous materials or materials banned by law for usage in products used by children.
2. The products are of scalable quality and shall perform in conformance with specifications and samples shared with the Company;
3. The products are not produced, manufactured, assembled, or packaged by the use of forced labor, prison labor, or forced or illegal child labor, and that the products were not trans-shipped to mislabel, evade quota or country of origin restrictions, or to avoid compliance with forced labor, prison labor or child labor laws.
The Vendor hereby agrees to fully indemnify, protect and hold protected each other from any claims, liabilities, damages, costs (inclusive of all Legal Costs), and expenses arising out of:
1. Any wilful default or negligent act committed by the Vendor in relation to the performance of this Agreement.
2. Any breach of Third Party Rights.
3. Any wrong information is provided by the Vendor or its employees.
4. Any disclosure of any information attained by Vendor to any third party other than the Company, unless such disclosure is made pursuant to the procedure established by law.
5. Any misrepresentation made to the Company by the Vendor, its employees, or affiliates, willfully or otherwise.
The Vendor, at its own expense, shall indemnify, defend, and hold harmless the Company and its employees, directors, officers, representatives, agents, and affiliates from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Company, known or unknown, contingent or otherwise, directly or indirectly arising from Vendor’s breach of any term or provision of these Terms.
The Vendor shall pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Company in connection with or arising from any such claim, suit, action, or proceeding.