Vendor Terms of Use

Vendors Terms of Use :

Vendor Registration: A Seller who wishes to sell items on the Website shall register with the HastakalaKart website by providing the requisite information/data on the HastakalaKart Vendor Registration page including details of the Vendor’s Valid Bank Account (HastakalaKart Vendor Registration). The Vendors shall provide true, correct and duly authorized data/information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to suspend/terminate the HastakalaKart Vendor Registration and the use of the Website by the Vendor if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the Vendor shall also be liable for all the liabilities, risks, damages and consequences that may arise.

Invoicing, Shipping & Product Liabilities: Please note that on marketplace platform, we help Buyers and Vendors connect whereby as Vendors you are selling to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. However, the initial invoice emails will be sent to buyer. Also any taxation related to sale of your products like VAT, CST etc is your responsibility. Liabilities arising from the use, consumption and/or interaction with your products is solely yours and HastakalaKart.com will not be responsible for any loss or damage due to your products.

Hold, Suspension and Termination of HastakalaKart Vendor Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the HastakalaKart Vendor Registration or may put the remittances on hold with respect to such Vendor. The Company may reinstate or activate Vendor’s HastakalaKart Vendor Registration or remit the Transaction Price to Vendor subject to the Vendor providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. Vendor’s HastakalaKart Vendor Registration is subject to the Vendor remaining an active User of the Website.

Upon identifying or being notified by any person or by law enforcement agency that Vendor has violated any law in the performance of the Transaction, the Company may immediately suspend Vendor’s HastakalaKart Vendor Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.

Know Your Customer (KYC) Documentation: The abbreviation KYC stands for Know Your Customer. At the time of HastakalaKart Vendor Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Vendor and further usage of the Website shall be subject to Vendor’s submission of KYC Documents..

The Company may seek KYC Documents from the Vendor at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by Vendor and may ask for other documents or further information.

Charges Applicable to Vendors: The Company shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Vendors in accordance with the Facility Charges Policy incorporated herein by reference. The Company will provide the Vendor with an invoice reflecting the facility charges on a monthly basis. If the Vendor avails of any of the services provided under HastakalaKart Logistics by the Company, the Vendor will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.

The Company reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under HastakalaKart Logistics. Any such changes shall be effective from the time that the Company posts the same on the Website.

The Vendor will be responsible for paying all charges associated with the use of the Website and/or HastakalaKart Logistics and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The Vendor shall pay the remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the Vendor. The Company shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Vendor irrespective of any charge back, refund or non-fulfilment of the Transaction.

The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.

Product Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size etc.) shall be provided to the buyer.

You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out as below :

LIST OF RESTRICTED ITEMS

  • Alcohol 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 derivates) 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 practitioner.
  • 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-rick-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 lists

All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.

You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.

You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.

The Company will be required to remove a listing only upon it being reported to be prohibited or restricted or violation of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibited, restricted or violated listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.

No Infringement of Intellectual Property of Company and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale.

You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use.

You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer.

You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.

Appropriate Description in Listing: You shall be responsible for providing information related to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.

You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.

Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.

You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.

[Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.]

If you opt to avail of the ‘listing services’ provided under HastakalaKart Logistics by the Company you agree to comply with the terms and conditions of Policy of HastakalaKart Logistics incorporated herein by reference. If you choose, HastakalaKart Logistics will assist you in writing an appropriate description of an item to be listed, taking photographs/images of the items to be uploaded on the Website etc. In such case, you are liable to verify all such content of the listing, photograph/ image etc. provided by HastakalaKart Logistics 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/ images produced with the assistance of HastakalaKart Logistics shall exclusively belong to the Company. You agree that under no circumstance will the Company be liable for any misrepresentation in respect of the listed item.

Categories: If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.

Method of Payment: The mode of payment by buyer will be online and via authorized payment gateway. The Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.

Sale without liability: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.

If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violating this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.

Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

Feedback: Buyers of items on the Website are entitled to write reviews and rate the items as well as the Vendor on the Website. As a Vendor, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.

Non payment: The Company reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Company whether for HastakalaKart Logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.

International Trading: It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the HastakalaKart Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.

Refusal to sell: Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.

Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.

Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 2 negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.

Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.

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

Rules for Dispatch: The Vendor (other than a Vendor availing the ‘courier’ services under HastakalaKart Logistics) is required to Dispatch the items for every Transaction to the Buyer within [2] days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and Vendor through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company.

You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.

You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of NINE months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.

You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.

You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.

If the Vendor fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Vendor’s HastakalaKart Registration and/or any consequent actions as specified in the User Agreement.

Dispatch Details: The Vendor shall provide the Dispatch Details on the Website within Three days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and Vendor on the Website. If the Vendor fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the HastakalaKart Facility within 10 days of Payment Confirmation.

In case of Transactions wherein the buyer has opted for Payment on Delivery payment method or the Vendor has availed of the ‘courier’ services under HastakalaKart Logistics, the Logistics Partner would collect the item to be shipped from the Vendor and the Company would be responsible for providing the Dispatch Details on the Website.

If the Vendor has opted for the ‘courier’ services under HastakalaKart Logistics the Vendor will be bound by the terms of the Policy for HastakalaKart Logistics (incorporated herein by reference) and the Logistics Partner and/or the Company shall be responsible for abiding by the terms and obligations of this provision including but limited to providing the Dispatch Details.

Delivery: The time within which the Vendor or the Company (if the Vendor is availing HastakalaKart Logistics services) is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Vendor enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the Buyer and Vendor on the Website.

In case of Payment on Delivery Transactions, the Logistics Partner will Deliver the items and collect the Transaction Price and other charges (if any) within the stipulated time. It is the sole responsibility of the Vendor to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever, irrespective of whether the delivery is made by the Logistics Partner or Vendor has availed the services of HastakalaKart Logistics.

Remittance to Vendors: Vendor agrees that the Transaction Price paid by a Buyer will be remitted to Vendor’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 [5] days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Vendor to the Buyer, or
  • Buyer does not raise a refund claim within [5] days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or

All remittances to Vendors in respect of Payment on Delivery Transactions shall be made through online bank transfer to Vendor’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 [21] days of Delivery and only after the payments received from the Logistics Partner are reconciled with the Website/ Company.

The Company reserves the right to keep on hold the remittance to the Vendor for purposes of safety of the HastakalaKart Facility and/or Users. In such case, the Vendor will be intimated and required to complete additional check and verification and the Company may contact the Vendor for verification of or additional information, details, data and documents. The Company 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 Vendor for their successful Transactions under the HastakalaKart 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.

Warranties and Undertakings

Vendor warrants and undertakes that:

All sales of items listed on the Website are on principal to principal basis and bipartite contracts between Vendor and buyer. Vendor shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or HastakalaKart Logistics services does not in any way becomes a party to the contract for the sale of the item.

Vendor shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the Vendor and the buyer will be entitled to refund.

In the event that:

  • the Vendor fails to Deliver within the time prescribed; or
  • the Vendor sells or Delivers any illegal, prohibited or counterfeit items; or
  • the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
  • there is any dispute between Vendor and the Buyer relating to the Transaction, or
  • the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
  • the Buyer claims a refund of or charges back the Transaction Price,

the Company has the right to take appropriate legal action including right to set off from subsequent remittances to Vendor until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Vendor shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Vendor.

Vendor further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Vendor’s part while entering into and performing the contract with the Buyers or using the HastakalaKart Facility.

In the event that any Transaction Price remitted to Vendor is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Vendor’s financial responsibility and the Company shall have the right to recover any such amounts from the Vendor in the manner provided herein above without any hindrance/ protest.

Vendor shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.

Vendor verification and refund to Buyers: The Vendor authorises the Company to perform certain checks before remitting the Transaction Price to Vendor’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Vendor’s Valid Bank Account and require Vendor to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:

  • If the Vendor does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
  • If the verification documents submitted are invalid, tampered or forged; or
  • If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
  • If the Vendor has not Dispatched the items using a recognized dispatch channel but used any other means; or
  • If Vendor has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
  • If the Vendor has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
  • If the Vendor has Dispatched an item different from the description mentioned on the Transaction, or

The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.

In all the above cases the Company will not be held liable for any loss incurred by the Vendor arising out of such refund.

Chargeback

A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Vendor by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Vendor. The Vendor will be notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Vendor will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.

Data Retention

The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.

COMMISSION STRUCTURE

We charge 10% Commission + Applicable Service Tax + Logistics Charges (if applicable) per unit. The commission is calculated on the sale price of the product of the Vendor. Any direct or indirect discounts given by the Company will not be considered in the sale price. Shipping, packaging and handling is managed by Vendor. For Cash on Delivery, HastakalaKart appointed Logistics service provider will be used.

Note : Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.