THIS MARKET PLACE AGREEMENT (THE "AGREEMENT")
The domain name www.addictionbazaar.com (hereinafter referred to as ‘website’)and is owned by vhaddictionbazaar private limited ((hereinafter referred to as ‘addictionbazaar).
You & yours (referred hereinafter as "Seller" or “designer”) being desirous of using "addictionbazaar Platform" (includes website www.addictionbazaar.com, mobile application, addictionbazaar IVR, addictionbazaar WAP all collectively referred to in as Platform) to offer and sell Seller's Products (defined below) to the users of the Platform, have completed registration process to enroll as a Seller on the Platform. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean ‘addictionbazaar’ AND vhaddictionbazaar Private Limited, an existing company under the provisions of Companies Act, 2013, having its registered office at,1/291 rashmi khand sharda nagar Lucknow -226002 (hereinafter referred to as, "addictionbazaar" 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) owns the brand "addictionbazaar" shall constitute the SECOND PART. Seller and addictionbazaar may be referred to as the "Party" individually and as the "Parties" collectively, as the context may require.
addictionbazaar owns and operates an online market place on the
website located at the URL www.addictionbazaar.com, which acts as an online platform for different Sellers to sell their Products and for different buyers to access variety of to purchase the Products
offered by Sellers.
Seller being desirous of using our Platform as a platform to sell Seller's Products (defined below) to the users of the Platform who have completed addictionbazaar’s Seller/designer Registration Form to enroll as a registered Seller on our Platform; and
HENCE THIS AGREEMENT IS NOW MADE AND THE PARTIES HERETO AGREE AS FOLLOWS:
"Acceptance" shall mean Seller's affirmative action of clicking on the box against the words "I Accept" provided at the end of this Agreement, by which action you clearly accept the terms and conditions of this Agreement.
"Agreement" shall mean this Agreement in its entirety, including all content which is referenced or hyperlinked in this Agreement. "Banned/Restricted Products" shall mean the products/goods/articles included in the addictionbazaar Banned Products List, which is hyperlinked to this Agreement.
"Buyer" shall mean any user of the Platform who purchases any Product
of the Seller through the Platform. "Catalogue" shall mean 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
Closing fees" shall mean the fee for per product sold on addictionbazaar Platform.
"Courier Fees" shall mean the fees payable to addictionbazaar for availing of the courier services through addictionbazaar’s Courier Partners and shall mean the courier fees as may be provided from time to time in the Commercial Term Segment.
"Courier Partner" shall mean the courier companies with whom addictionbazaar has partnered for delivering the purchased Products to the Buyers
Account" shall mean a bank account opened and maintained by
vhaddictionbazaar Private Limited with a bank in India for purposes
of collecting and retaining all or any funds received from Buyers on account of the Seller until such time the Buyer confirms delivery of goods or services from the Sellers or 15 days from the date on which the goods or services are delivered to the Buyer, whichever is
"vhaddiction center" shall mean a building / warehouse, identified by addictionbazaar to the Seller, at addictiobazaar's discretion, where Seller may place a limited quantity of the Product until the Products are sold and dispatched to the Buyers.
"vhaddiction Centre Charges" shall mean the charges as may be provided in the Commercial Term Segment as the vhaddictiont center charges. "Invoice" shall mean the invoice as may be raised by the Seller on the purchase of a Seller's Product by a Buyer, through our Platform
"Selling price" shall mean the price of a Product in INR at which a product is listed at addictionbazaar Platform by the Buyer.
"selling Fee" shall mean the fee for listing a Product on addictionbazaar Platform.
Maximum Retail Price (MRP) means the price in INR imprinted on Product inclusive of all taxes.
"Packaging Material Charges" shall mean the charges as may be provided in the Commercial Term Segment as packaging material
"Payment Collection Fees" shall mean the fees (or percentage) as may be provided in the Commercial Term Segment as payment collection fees.
"addictiobazaar’s Marketing Fees" shall mean fee payable to
"addictionbazaar Policies" means the various policies which
"Product(s)" shall mean the product(s), made available by the Seller for sale on the Platform."Seller Panel" or "designer Portal" shall mean a web page / account on the Platform provided by addictionbazaar to the Seller with a unique login id and password to update the order status, price and inventory of the Products on the Platform.
"Transfer Price" shall mean the net amount receivable by the Seller after deduction of the addictiobazaar’s Marketing Fees, Payment Collection Fees(if applicable), Courier Fees,vhaddiction Centre Charges (if applicable) and other charges (if any) from the Selling Price.
final Price shall mean selling Price less any discount (if any) offered by addictionbazaar and being final price of the Product in INR that Buyer pays.
"Shipment SLA" means SLA for delivery mention on each Product page, and it is Seller's responsibility to honor Shipment SLA.
As a part of the registration process, Seller state that Seller have completed the registration form and provided other relevant details as required by addictionbazaar. Seller represent that Seller, in Seller's individual capacity and/or as an authorized representative of the entity registering as a Seller on the Platform, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disabled by any Law in India from entering into this Agreement.
Seller also represent that you have provided to addictionbazaar Seller's information such as name, contact details, email address, account details, PAN Number, Service Tax Registration, and other compliance related details through the Seller Registration Form and that such information is true and correct as on date.
Seller has the option of accepting or declining to accept this Agreement. Please provide Seller's Acceptance to this Agreement if and only if you are agreeable to the terms and conditions provided herein. On Seller's Acceptance of this Agreement,addictionbazaar 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 Seller to contact addictionbazaar within twenty four (24) hours if the acceptance of this Agreement has not been provided by Seller. If Seller is not agreeable to the terms and conditions of this Agreement, please decline to accept this Agreement by clicking on the appropriate box and this will stop the Seller registration process.
ensure that Seller exit from Seller's Seller Panel at the end of each session.Addictionbazaar cannot and will not be liable for any loss or damage arising from Seller's failure to comply with this Section. Seller may be held liable for losses incurred by addictionbazaar or any other user of, or visitor to, the Platform due to authorized or unauthorized use of Seller's Seller Panel as a result of Seller's failure in keeping Seller's Seller Panel and the account information secure, absolute, correct and confidential.
Seller agrees that as a registered Seller of the Platform, Seller shall not transfer / sell / trade the Seller Panel to any other person or entity.
Seller shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. Seller shall also be required to provide all Catalogue details along with the MRP and selling Price.
Seller represent that Seller shall provide accurate Product information on the Seller Panel/Platform. 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 Platform, Seller agree to refund any amounts that Seller may have received from the Buyer.
Seller shall be responsible for ensuring that the Seller Panel is updated and reflects the real-time availability / non-availability of the Products listed on the Platform.Addictionbazaar shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Platform due to any negligence / default on the part of Seller to provide updated and accurate Product information. Seller shall be required to retain an adequate inventory of the Products listed on the Platform, for
Seller shall not attempt to sell any products falling in the category of product prohibit for sale in India under any law for the time being in force. However addictionbazaar may list any product not allowed to be sold through addictionbazaar Platform in addition to the category of product prohibit for sale in India under any law for the time being in force.Addictionbazaar 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 Platform or terminate this Agreement forthwith.
When a Buyer elects to purchase a Product through the Platform, addictionbazaar shall receive the order for the Product only in the capacity of an online marketplace.
For all orders placed on the Platform, payments shall be collected by addictionbazaar on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. Seller hereby authorize addictionbazaar to process, facilitate, collect and remit payments to Seller, (collected either electronically or through cash on delivery), from the Buyers in respect of sale of the Products through the Platform. Seller also agree that, in doing so, addictionbazaar will be acting as Seller's limited agent only with the sole intent and purpose of facilitating the sale and purchase of Products through the Platform. Seller also agrees and acknowledges that the payment facility provided by addictionbazaar is neither a banking service nor a 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 Platform. Further, by providing the payment facility, addictionbazaar is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Platform.
On the Buyer making the payment of the final Price through the payment gateway provided on the Platform or opting for cash on delivery, Seller will be intimated of the same through the Seller/designer Panel
The default fulfilment model provided by addictionbazaar for the delivery of purchased Products to the Buyers is the addictionbazaar Model as detailed herein below. Addictionbazaar may, at its discretion, introduce other Fulfilment models listed at in this Clause, at any time in the future. On introduction of such other Fulfilment models,addictionbazaar may, at its discretion, offer these options to all or select Sellers. All two (2) models are detailed below for the Sellers information.
Model 3 Sellers will responsible for packaging and shipping right product at right time & right quantity to buyer via their own shipping/courier service.
Seller shall keep addictionbazaar informed promptly on any information that shall impact the delivery of a Product to the Buyer.
Seller confirms and understands that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Platform will cause great prejudice and harm to the reputation and goodwill of addictionbazaar and may also cause harm and prejudice to the Buyers. Seller acknowledges and warrants that Seller shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of addictionbazaar. Further, if addictionbazaar receives any complaint from any Buyer or if Seller sell or deliver wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Platform then Seller shall be liable to pay two times the final Price of the Product sold, as damages to addictionbazaar.Addictionbazaar reserves the right to adjust the above amount from any amount accrued to Seller pursuant to this Agreement.
Non delivery/return of the Product due to fault of the Seller Where the Product has not been delivered/ has been returned due to any reason/fault attributable to Seller, then addictionbazaar shall refund to the Buyer the Selling Price paid by the Buyer to purchase the Product and Seller shall be liable to pay addictionbazaar and addictionbazaar shall be entitled to recover from Seller - addictionbazaar Marketing Fee, Courier Charges, Payment Collection Fees, vhaddiction center Charges (if applicable) and Seller Proceeds (where addictionbazaar has remitted the Seller Proceeds to the Seller)
Non delivery/return of the Product due to any other reason Where the Product has not been delivered/ has been returned due to any reason which is not attributable to the Seller, then addictionbazaar shall refund to the Buyer, the final Price paid by the Buyer to purchase the Product and shall cause the Product to be returned to the Seller. Upon confirmation of return of Product back to Seller in appropriate condition, addictionbazaar is entitled to recover any proceeds paid to Seller for that Product.
Parties agree and acknowledge that addictionbazaar shall be entitled to recover/adjust any outstanding amount due and payable by Seller to addictionbazaar under this Agreement from any Seller Proceeds payable to Seller and Seller undertake not to object to such recovery/adjustment.
Seller shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
Addictionbazaar shall have the right to amend the addictionbazaar Marketing Fee percentage applicable to any Product as provided in the Commercial Term Segment, with prior notice of the same to Seller. Accordingly, addictionbazaar shall, at least twenty four (24) hours prior to the implementation of the revised addictionbazaar Marketing Fee percentage for any Product, notify to Seller, by way of an email and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the addictionbazaar Marketing Fee. It shall be the Seller's responsibility to review the emails / notifications by addictionbazaar from time to time. Seller's continued use of Seller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/ amendments/ revisions of the addictionbazaar Marketing Fee shall be deemed as acceptance of such modifications/ amendments/ revisions.
Addictionbazaar reserves the right to run promotions and offers providing benefits/discounts on the selling price to the Buyer on the Platform on various Products. Similarly, Seller may provide a discount / offer on the Products. Notwithstanding the above, the final Price of all Products offered on the Platform shall be either equal to, or less than, the maximum retail price of that Product. The maximum retail price, along with other statutory declarations, shall be mentioned on each Product and/or on its packaging in accordance with applicable laws.
The final Price in respect of a Product purchased by a Buyer shall be received in full by addictionbazaar either through the online system, i.e., the payment gateway offered by addictionbazaar on the Platform,
Seller will be responsible for payment of all applicable taxes including sales tax and VAT.
Seller agrees and acknowledges that Seller will pay addictionbazaar, the addictionbazaar Marketing Fees, Courier Fees and Payment Collection Fees, vhaddiction Centre Charges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through addictionbazaar.
Addictionbazaar shall release the payment of the Seller Proceeds to the Seller, via online banking NEFT, within fifteen days from confirmation of delivery of Product to the Buyer, after deducting addictiobazaar’s Marketing Fee, the Courier Fees, Payment Collection Fees, vhaddiction Centre Charges and any other applicable Fees and applicable taxes, as per the Commercial Term Segment.
Seller agrees that addictionbazaar shall, at all times, have the right and option to deduct / adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other transactions.
It is stated that all Commercial Terms such as dispatch, delivery of the Products, etc., are bipartite contracts between the Buyer and Seller and the payment facility is merely used by the Buyer and Seller to facilitate completion of the transaction. Use of the electronic payment facility or the cash on delivery method shall not render addictionbazaar liable or responsible for the non-delivery of the Products listed on the Platform or for any other reason whatsoever.
Seller shall maintain records of all the Products purchased by the Buyers through the Platform, all returns, refunds, etc., as may be required for audit and regulatory purposes and for the Platform's customer service purposes.
During the Term, Seller shall appoint a representative, who shall be addictiobazaar’s point of contact for any and all matters related to this Agreement, including all sales and delivery related matters.
Seller shall be solely responsible and liable for any complaints and queries of Buyers with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality or quantity of the Products delivered.
Seller shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties.
Seller agrees that addictiobazaar’s role is limited to managing the Platform for the display of the Products and other incidental services to facilitate the transactions between Seller and the Buyers. Accordingly, addictionbazaar is merely an intermediary and the Platform is only a platform where the Seller may offer its Products for sale. The contract for sale of any of the Products shall be a strictly bipartite contract between Seller and the Buyer. At no time shall addictionbazaar have any obligations or liabilities in respect of such contract nor shall addictionbazaar hold any rights, title or interest in the Products.Addictionbazaar shall not be responsible for any unsatisfactory or delayed performance of the Seller including delays as a result of the Products being out of stock.
The ownership in the Products purchased will be transferred to the Buyer after successful delivery of the same at the destination provided by the Buyer, until which the ownership in the Products shall vest with the Seller alone. As a large market place, addictionbazaar will extend its services to Sellers by giving mandates to logistic partners for facilitating the smooth functioning of the transaction between Seller and the Buyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of the Seller.
The Parties hereby represent and warrant to each other as under:
The Seller undertakes that, at all times during the Term of this Agreement, it will:
abide by the terms and conditions of the Agreement, the addictionbazaar Policies and the other Platform policies, as may be applicable to the Seller;
not offer for sale/sell/deliver any Banned Products or refurbished Products on the Platform;
deliver the Products to the Buyers in a timely manner consistent with the terms of this Agreement; and
deliver the Products in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes of practice, now or hereafter in effect, relating to the Seller's performance under this Agreement.
The Seller represents that the Seller is competent to contract and is not disqualified from contracting under any law in India.
The Seller has and shall maintain all licenses and registrations required for selling the Products online or otherwise during the Term.
The Seller agrees, represents and warrants that the Seller shall not describe himself/itself as an agent or representative of addictionbazaar or make any representations to any Buyer or any third party or give any warranties which are of such a nature that addictionbazaar may be required to undertake, or be liable for, whether directly or indirectly.
The Seller agrees, represents and warrants that the Seller shall not, during the Term, offer the Products listed on the Platform, to any other website or through any other platform, at a price which is less than the Selling Price, as listed on the Platform. Seller agrees, represents and warrants that, the Seller shall not, at any time during the Term, transact with any Buyer directly.
The Seller agrees to attend to, and resolve, the Buyers queries with regard to the delivery of the Products and the quantity and quality of the Products within 1 (one) day from the date of receipt of such queries.
The Seller hereby represents and warrants to addictionbazaar that there are no restrictions, hindrances or encumbrances of any nature which, in any manner, restrict the performance of the obligations by the Seller under this Agreement.
The Seller shall be responsible for payment of the Seller's own taxes and any taxes/levies/cess applicable on the Products sold through the Platform, and shall indemnify and hold harmless, addictionbazaar, from any liability in this regard.
Both Parties agree that the brands/logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar the brands/logos/trademarks of the other Party without being specifically authorized in writing by that other Party. Seller recognizes and confirms that addictionbazaar has the exclusive right to supervise, allow and reject the contents of the Platform.Addictionbazaar shall not be liable for contents and images shared, uploaded or displayed on the Platform by the Seller regarding the Seller's Products and all consequent liability will be borne by the Seller only.
Seller hereby grants to addictionbazaar the right to display/delist the Products (as updated or to be updated by Seller on the Seller Panel at any/all times) along with the related logo and/or trademark and/or brand name, etc. of the Products for marketing/selling through the Platform.
Seller hereby authorize addictionbazaar to use and include Seller's trademarks (as may be provided by Seller from time to time) and Seller's corporate name on the Platform and in any directory or promotional material produced in connection with the promotion of the Platform or the Products offered by Seller on the Platform.
Seller acknowledges that addictionbazaar is merely an intermediary with respect to the Products listed on the Platform. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any Products/third party trademark or copyrighted matter on the Platform (including availability or sale of counterfeit goods on the Platform), addictionbazaar may, at its own discretion, remove / delist the allegedly infringing Products / content from the Platform, with or without prior notice to Seller.
TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, ADDICTIONBAZAAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, BUSINESS, REVENUE AND/OR GOODWILL. THE MAXIMUM AGGREGATE LIABILITY OF ADDICTIONBAZAAR SHALL BE LIMITED TO INR 1,000 (INR ONE THOUSAND ONLY).
Term: Agreement shall come into force on the Effective Date and shall continue for twelve months unless terminated as per terms of this Agreement.
Product type Commission
Furniture & decor 15% Clothing 15% Painting 15% shoes 15% Cell phone device 8% books 15% Electronic accessories 15% Handicraft 15% Luggage travel accessories 15% Jewellery 20% Cameras 8%
Adictionbazaar Banned/Restricted Product List which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites Body parts which includes organs or other body parts Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free Child pornography which includes pornographic materials involving minors Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items Endangered species which includes plants, animals or other organisms (including product derivate) in danger of extinction Gaming/Gambling which includes lottery tickets sports bets, memberships/enrollment/ online gambling sites, and related content Government IDs or documents which includes fake IDs, passports, diplomas and noble titles Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, servers websites, or other protected property Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes Offensive goods which includes literature, products or other material that: Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors Encourage or incite violent acts Promote intolerance or hatred Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practioner. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications Securities which includes stocks, bonds, or related financial products Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments Wholesale currency which includes discounted currencies or currency exchanges Live animals or hides/skin/teeth, nails and other parts etc. of animals Multi level marketing collection fees Matrix sites or sites using a matrix scheme approach Work-at-home approach and/or work-at-home information Drop-shipped merchandise Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India. The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc) Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance) The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement. Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam) Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services Mailing list