SELLER TERM & CONDITION
SDHM E-COMMERCE PVT. LTD.,( CIN : U74999BR2018PTC036995) registered under the Companies Act 2013, Govt. of India, having its registered office at Naya Tola, Bhagalpur-812001, (hereinafter referred to as “ R.D.Marketing” ), is engaged in the business of providing online Market Place services to Vendors / Service Providers / Manufacturers for listing and selling their product(s) / service(s) through its various ecommerce platforms.
SDHM E-COMMERCE PVT. LTD. owns and administers ecommerce portal www.rdmrketing.in as of now and may come up with other new online concepts as and when required from time to time.
This Agreement, along with the seller policies on the R.D.Marketing, is an electronic contract recognized under the provisions of the Information Technology Act of 2000 read along with its Rules, and outlines the terms on which a seller will market and sell its products on R.D.Marketing. You are a company/LLP/manufacturer/trader/merchant (hereinafter referred to as the “Seller”) and you acknowledge that your access and use of the portal constitutes an express acceptance of this contract.
Your registration as a Vendor to upload & sell Products and / or Services from website(s) administered by R.D.Marketing would be subject to and governed by this Term Sheet as well as the Terms & Conditions, Return Policy / Exchange Policy, Privacy Statement as available in the said site(s) (both for Customers & Vendors) which is subject to change from time to time without prior notice. Signing this would mean you agree to be bound by these & confirm to have read & understood them. Signing this, you specifically also understand & agree to the following:
AGREED TERMS ARE AS FOLLOWS:
1.1 This Agreement shall be effective and continue till such time that it is terminated in accordance with this Agreement.
2. Transactions on the Marketplace
2.1} Products / Services:- You will upload and sell only such product(s) / service(s) which is not against the law. You also undertake to provide the correct product details, appropriate categories and not to make any misleading statements regarding the benefits from the use of the product(s) / service(s). You confirm that you have all the requisite permissions or licenses for the product(s) / service(s) listed and sold by you from the webstore(s) administered by R.D.Marketing. R.D.Marketing may have the final say and retains the right, at all times, at its sole discretion to delist / remove your product(s) / service(s) from the webstore(s) without citing any reason(s) whatsoever. You agree to indemnify R.D.Marketing against any liability, direct or indirect, arising from the purchases & uses of your product(s) / service(s), sold from its webstore(s).
You also hereby authorize R.D.Marketing to list / promote market & sell product(s) / service(s) & offers (including offers from R.D.Marketing) of your Brand(s) / Product(s) / Service(s) from webstore(s) of R.D.Marketing. And also from other third party sites including but not limited to other ecommerce sites as deemed suitable by R.D.Marketing from time to time.
2.2} Order & Dispatch:- Based on the “Order Confirmation” received from R.D.Marketing, you shall raise an Invoice on the customer as per the order. You undertake to dispatch the products / services within 2 days of the date of order placed by customer (Order Confirmation) and agree to provide support / maintenance where applicable & agree to comply with the “Return Policy” of the website(s) of R.D.Marketing. Any exceptions shall require prior written approval from R.D.Marketing. For any non compliance, you shall be solely responsible for any or all emerging consequences & you further agree to R.D.Marketing indemnified.
Best Price Promise:- Prices of products / services sold online are generally much lower than the physical stores. Vendors can sell at lower price because of lower channel margins, warehousing & logistics and administrative costs. R.D.Marketing is committed to give a Best Price Promise to its customers who will ensure loyal & repeat customers & translate into higher sales for the entire vendor community at R.D.Marketing. As such you undertake to offer the best “Sale Price” for your products / services on the website(s) of R.D.Marketing. Vis-à-vis your offered Sale Price at any other point of sale.
Packaging & Shipping:- You undertake to ensure that the packaging of products shipped by you are shipment worthy & shipped through nominated logistics company of R.D.Marketing, shipment charges are borne by customer for shipment within India at a rate of Rs.70.00 /0.5kg and collected by R.D.Marketing along with the order value.
The Seller shall ensure that its products reach the customers without any damage and the Seller shall be solely responsible for rectifying any product which is damaged, at no additional cost, including for all defects, returns and losses in connection therewith.
The Seller shall send an invoice to the customer as part of the package containing the product, in the format provided by R.D.Marketing in the Seller Policies
Stock/Inventory: – You undertake to ensure that the contents / inventory / price-updates of products / services listed by you are updated regularly or on demand of any authorized personnel from R.D.Marketing at all points of time. In case of any non delivery or part shipment of order within the specified time limit, you will immediately notify us & we shall refund the equivalent amount to the customer. You will agree that non delivery of a customer’s order for which he has paid in advance adversely impacts the reputation of your brand as well as of R.D.Marketing. Penalty will be applied on you as a rate of commission for that category.
R.D.Marketing Margin: – R.D.Marketing shall collect all payments from customers against their orders (through various payment methods available online at website(s) administered by R.D.Marketing). On confirmation of delivery we shall remit payments due to you, net of any amounts payable by you to us including commissions charged by R.D.Marketing. Commission rates shall be 10% on the “Selling Price”.
Remittance of Payments: – R.D.Marketing shall remit your dues every Friday. You get remittance for those orders which are delivered before Friday.
Taxation:- You shall be solely responsible for the payment of all the applicable Taxes, including but not limited to all Sales Tax, Service Tax, CST, GST, VAT and any other levies as may be named by the laws of India time to time as required on the selling price of the Products / Services, sold through the website(s) of R.D.Marketing. You shall be liable to pay the other statutory levies like Service Tax on R.D.Marketing commission and also deposit TDS as applicable as per the laws of Govt. of India and claim for reimbursement from (if any) R.D.Marketing from time to time.
Website(s) Maintenance:- R.D.Marketing. Reservesthe right at all times to update / upgrade / modify and/or change in its website(s) design, display styles, template designs, animations and/or other content / add-on as and when may be required from time to time.
Promotion Rights: – R.D.Marketing Reserves the right to promote your brand(s) / product(s) / service(s) listed with it through various marketing & promotional online/offline channels through various forms of content designed by it including banners, graphics, ads, videos, texts, texts ads etc.
Intellectual Property Rights:-You hereby grant R.D.Marketing., a non-exclusive, royalty-free bearing, non-transferable, non-assignable, revocable, restricted and non-sub licensable right to use, reproduce and display your Trademarks (brand name, brand logo, service marks, brand ambassador’s photo(s), banners, marketing slogans, copyrights, etc.) on its Website(s) and also its promotional materials to be used in Third Party online/offline channels. The grant of right to use your Trademarks in the Website(s) automatically terminates, when we mutually decide to terminate this Agreement.
R.D.Marketing will not be responsible for any disputes/claims initiated or threatened to be initiated, arising out of any actual or alleged breach and/or misappropriation by or against the Seller of any intellectual property and/or other proprietary rights of any third party concerning the products showcased by the Seller on the Marketplace or on the Content. It is further clarified that the Market place functions as an “intermediary” (as defined in the Information Technology Act, 2000), and that R.D.Marketing shall not be responsible for any Content made available by the Seller on the Marketplace.
Confidentiality:– You hereby undertake to treat all customer data (including their contact details & purchase history – of orders received by you) which will be available to you by virtue of being a vendor on the website(s) of R.D.Marketing . You shall not copy any information, data including end-users / Customers (including their contact / personal details & purchase history of orders received by you) data without prior written consent of R.D.Marketing.You undertake that even aftertermination or expiry of this Agreement in the event of disclosure of confidential information of R.D.Marketing., in case of violation R.D.Marketing Shall be entitled to seek injunctive and other equitable relief from you.
Validity/Modification/Alteration of the Agreement: – This Agreement shall come into force, on and from the date mentioned below and shall remain in force until terminated by either side with mutual consent. Any related alteration / modification to this agreement can be done with mutual consent at any point of time through designated officials from both sides.
Governing Law:- This Agreement (and any dispute or claim relating to it, its enforceability or its termination) is to be governed by and construed in accordance with the laws of India. The Courts at Bhagalpur shall have exclusive jurisdiction over any disputes under this Agreement.
The Seller acknowledges and agrees that R.D.Marketing may suspend the Seller’s account and terminate/temporarily block its access to the Marketplace, if the Seller provides improper documents in connection with transactions contemplated under this Agreement, or provides any information which is untrue, inaccurate, not current, or incomplete or for any other reasons as found appropriate by R.D.Marketing.