This agreement for accessing your Vendor store via Craftghar ecommerce Service explains the terms and conditions:
This Memorandum of Understanding (“MOU") is made by and between:
Proinvent Systems OPC Pvt ltd, a Private limited company incorporated under the laws of India having its registered office at SG 6, Shastri Nagar , Ghaziabad UP 201002 and having registered office at SG-6, Shastri Nagar , Ghaziabad, UP 201002 and operating Craftghar.com ( hereinafter referred to as the “ Craftghar")
The person (sole proprietor/company/partnership firm/limited liability partnership firm) who is accepting the terms and conditions of this MOU either himself or through a duly authorized signatory and who is legally allowed to do business in India (hereinafter referred to as the "the Vendor")
Craftghar and the Vendor are hereinafter individually referred to as “ Party" and collectively as the “ Parties".
1. The Vendor is in the business of selling products in any one or more of the Handmade gift items. Handicrafts of India, ethnic Clothing for Men, Women & Kids, sarees , Vintage items, handcrafted Jewelry, Furniture, footwear, bags & Purses, Sunglasses, clocks, watches, artificial jewelry, sculpture, Home decorative, Home furnishing, Kitchen items and any other unique product specially designed as part of this MOU
2. Craftghar is involved in the business of providing e-commerce technology, internet marketing services ecommerce platform customer services and payment services to vendor interested in selling their products on the internet, through the e-commerce technology platform & services offered by Craftghar.
3. The Vendor, in view of increasing their sales, is desirous of using the services of Craftghar for selling their products online through Craftghar.com.
4. The Parties are desirous of recording the terms and conditions of their MOU for the purposes set out above subject to provisions and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing and the promises contained herein the Parties, hereto agree as follows:
I. Services to be provided by Craftghar :
1. Technology services: Craftghar offers an end-to-end E-Commerce technology platform that will allow the Vendor to set-up an online store on Craftghar.com. By doing this Vendor can upload their products on the site, manage various aspects of the online store on a self-service basis, and make it available to buyers for purchase. The technology services also include complimentary use of business tools available on Craftghar.com through a specific login to be created by Craftghar for the Vendor.
2. Internet Marketing Services: Craftghar runs intensive internet marketing services for the entire marketplace to drive traffic. Craftghar can also run specific internet marketing programs and traffic acquisition plans for the Vendor for a fee as decided by the Craftghar.
3. Payment Services: Customers can make payments for their orders at Craftghar using payment options including credit card, debit card, net banking. Craftghar.com has created a wide Systems of payment gateways which include international payment gateways.
II. Obligations of the Partners
2. The Vendor shall pay the selling service fee as agreed if any applicable.
3. The Vendor shall create an online catalog of products and upload product listings in their online store at Craftghar.com. The Vendor acknowledges that he shall be solely responsible for the relevant reference numbers of the products and the Vendor shall create, acquire and upload legitimate and accurate catalog data.
4. The Vendor shall be responsible for maintaining and publishing all information relating to products on their online store and shall have non-exclusive right to display, advertise and offer for sale its products on the online platform. The product sold by the Vendor is genuine and new and is not old/used one or a counterfeit product.
5. The Vendor shall ensure that the quality of the products is genuine, brand new, and they are legally allowed to be sold in India by the Vendor. The Vendor acknowledges that any and all liabilities arising in connection with any defect, fault or shortcoming in the product(s) including but not limited to infringement of intellectual property rights of any third party, shall be of the Vendor alone and Craftghar shall not be liable for the same in any manner whatsoever. The Vendor agrees to keep Craftghar harmless and indemnified in this regard.
6. The Vendor shall regularly update product price and quantity and assumes any liability for the wrong price or product quantity/availability (in case product gets sold). Craftghar shall not be liable for the same in any manner whatsoever and the Vendor agrees to keep Craftghar harmless and indemnified in this regard.
7. The Vendor shall deliver the sold products to Customer using its own fulfillment Vendor or INDIA POST- Speed Post within 72 hours after the order has been received.
8. The Vendor shall be responsible for after-sales service for the product and to handle any customer complaint regarding product quality and warranties. Craftghar shall not be liable for the same in any manner whatsoever and the Vendor agrees to keep Craftghar harmless and indemnified in this regard.
9. All tax related liabilities and other liabilities including but not limited to sales tax, KYC etc. relating to the sale of the product shall be the responsibility of the Vendor. Craftghar shall not be liable for the same in any manner whatsoever and the Vendor agrees to keep Craftghar harmless and indemnified in this regard.
10. Strictly refrain from uploading any pornographic material, socially and politically objectionable items, adult/mature content or products, any other material which are of restricted nature / require licence like alcohol etc. and any material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner. Craftghar shall not be liable for the same in any manner whatsoever and the Vendor agrees to keep Craftghar harmless and indemnified in this regard.
11. Craftghar suggest to keep the product price very competitive, time to time Craftghar will advise for price correction to get more orders.
12. The Vendor agrees to bear the cost of both the forward shipping and reverse shipping for the items sold and returned due to no claim by the buyer. The Vendor further agrees to bear the cost of two-way shipping and restocking charges in the event of the product being delivered is significantly different from listing description.
13. The Vendor agrees to be bound by the terms and condition to accept the items returned by customers. We recommend Min 7 Days Return policy. Vendor can defined their own return policies. If not defined Craftghar policy prevails.
14. The Vendor must respond to RTO Orders Delivered to You within 48 hours. All RTO order will be either be arranged by Vendor or by customer. In case of any discrepancy, you must respond within 48 hours to Craftghar Vendor Support.
15. The Vendor acknowledges that all payments by Craftghar to the Vendor shall be after deduction of any money due from the Vendor to Craftghar including payment collection fees against any other orders, etc.
III. Representation & Warranties of the Vendor
The Vendor hereby represents and warrants that:
1. It has the full right, power and authority to enter into this Agreement and perform its obligations hereunder;
2. Its execution, delivery and performance of this agreement, and Craftghar exercise of rights under this agreement, will not conflict with or result in a breach or other violation of any agreement or other third party obligation by which it is bound;
3. It will comply with all applicable Laws in its performance of this Agreement in connection with the offering and sale of all products and services offered and/or sold through the Craftghar.
4. It has necessary legal rights to publish the products, pictures, data and other details published by the Vendor on Craftghar.com including any trademarks, logos or devices forming part of the same and is not putting up any details as mentioned in this MOU or otherwise on Craftghar.com which may result in a third party claim against Craftghar or its directors, members, officers and employees or other Partners/vendors.
The Vendor agrees to defend and hold Craftghar and its affiliated and related entities, and any of their shareholders, officers, directors, agents and employees harmless from and indemnified against any claims, lawsuits, penalties and damages arising out of any breach by Vendor of this MOU or the representations and warranties contained in this MOU or of any terms and conditions and/or policies of Craftghar as available on Craftghar.com. In the event of any third party claim in relation to the products being traded by the Vendor on Craftghar.com which is caused due to default of the Vendor, the Vendor shall, on demand, pay liquidated damages to the total value of the claim made and legal expenses incurred by Craftghar in defending such claim, whichever is higher (' Vendor LD'). The Vendor LD shall be in addition to and not in derogation of any other rights and remedies that Craftghar may have under law, this MOU or equity.
In the event of a third party claim, specifically in relation to infringement of intellectual property rights of such third party, Craftghar shall be entitled to provide all details of the products, Vendor, sales completed or pending, deliveries made as may be required by such third party or mandated by an order or judgment of any court or other judicial or quasi judicial authorities and Vendor shall be under an obligation to ensure that Craftghar is not a made a party to any such third party claims as described herein and shall promptly and unilaterally take adequate steps to absolve Craftghar from any liability of any nature whatsoever, either present or anticipated.
Without prejudice to any other remedies BOTH PARTIES shall have the right, at any time, to terminate this MOU forthwith, by giving a notice in writing to the OTHER PARTY.
VI. Governing Law and Jurisdiction
This MOU shall be governed by and construed in accordance with the law of India and the parties hereto submit to the exclusive jurisdiction of the courts at Ghaziabad, India.
VII. Electronic Execution
This MOU is being executed electronically and each Party recognizes that the same is validly executed under the Information Technology Act, 2000 and shall form a binding agreement between the Parties and no Party shall claim invalidity of this MOU merely on the grounds that this MOU is being executed electronically. For the aforementioned purposes, the Parties hereby agree that this MOU is being concluded and executed at Ghaziabad.
Vendor shall not be entitled to assigns its rights and obligations under this MOU without prior written consent of Craftghar.