SHOPTE RAHO MARKETING AND DISTRIBUTION AGREEMENT

These terms and conditions govern your use of the Shopteraho.com which is an online marketplace allowing sellers to sell directly to customers (hereinafter referred to as "Shopte Raho"). You must read, agree with and accept all of the terms and conditions contained in this Agreement as these terms constitute your legal and contractual obligations towards Shopte Raho.

 

This Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on the 'check box' and on the 'continue' button as provided on the registration page while you are transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the "check box” and on the 'continue' button and on the "Apply as seller" button.

RECITALS

  1. Definitions:
    1. 'Buyer' shall mean a user of the Website who places an Order on the Seller listed on the Website for products or services.
    2. 'Order' shall mean a binding purchase order placed by a Buyer on the Seller through for supply of products or services.
    3. 'Website' means 'www.shopteraho.com' and instances of the same
    4. 'Seller Panel' means a uniform resource locator ('URL') provided by Shopte Raho to Seller with a unique login and password to update the order status, price and inventory on the same.
  2. Shopte Raho reserves the right to select the products to be displayed on its Website. Shopte Raho also reserves the right to determine the Sellers who may sell on the Website.
  3. Shopte Raho shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides an access to Website, marketing and distribution channel to the Seller. In the event payments are collected by Shopte Raho on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.
  4. Shopte Raho shall provide the necessary order management system for capturing the Buyer/order details placed on the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging and dispatch of product to the end Buyers. Shopte Raho will separately inform the Seller regarding the modalities involved to access the Orders of Buyers, by way of direct access through a 'Seller Panel' and packaging guidelines shall be shared through e-mail. Seller shall provide content & images of its products to be displayed at Website. Seller will update the dispatch details on the Seller Panel provided by Shopte Raho or any other mode as may be notified by Shopte Raho from time to time.
  5. On receipt of the Order, Seller will make the products ready for dispatch along with corresponding invoices in favour of buyer within 2 (two) working days. In case of delay, Shopte Raho will be immediately informed by Seller, along with the expected time of dispatch, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch to Buyer within the period as stipulated above, Shopte Raho will be nonetheless be entitled to the marketing fee on the product as agreed to in this Agreement. However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Shopte Raho from time to time. Seller also undertakes that it shall not promote its products, services, offers, packages, etc to the Buyer directly, indirectly and /or through email, sms or any other electronic or physical mode.

FINANCIAL TERMS:

  1. The Seller agrees and acknowledges that it will pay the commission fees and taxes as mentioned in standard format displayed on the website for all the orders received through Shopte Raho.
  2. Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the Website, Seller will be responsible for payment of all applicable taxes. Seller authorizes Shopte Raho in the capacity of marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the market. Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by the Shopte Raho from time to time. However, Seller will have full right to withdraw the products from Website, if it dissents with price discovered by Shopte Raho and has notified the same to Shopte Raho. All such withdrawals will take effect within 12-24 hours from notification to the Shopte Raho. Shopte Raho further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website.
  3. Shopte Raho will release payments for your sales within 15 days of shipping the products. You need to make sure the status of the shipment is changed to "Shipped to Customer" with valid tracking details by logging to your vendor panel. For any finance related query send email at [email protected]

LOGISTICS AND CONSUMER RIGHTS:

  1. The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller.
  2. All orders placed on Website are covered under Buyer Protection; hereby Seller agrees to fulfil the commitments made under the above-mentioned programme specified at the Website at URL http://www.shopteraho.com/home/buyer_protection. The said programme protects Buyer against inadequate or non-performance by Seller.
  3. The Seller hereby agrees to accept all sales return, which are refused/not accepted by the Buyer at the time of delivery. Seller will offer standard manufacturers or seller warranty actually associated with the products. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing defect or damage, Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the Buyer with the product at the time of dispatch of the products, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of Buyer complaints will rest solely with the Seller at all times.

INTELLECTUAL PROPERTY RIGHTS:

  1. Seller recognizes and confirms that Shopte Raho has the exclusive right to supervise, allow and reject the contents of the Website. Shopte Raho shall not be liable for contents and images shared, uploaded or displayed on website by Seller regarding its products and all consequent liability will be borne by Seller only.
  2. Seller hereby grants to Shopte Raho the right to display/delist the product (as updated or to be updated by the Seller on the Seller panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Website. Seller represents that it has the necessary rights to grant such permission to Shopte Raho and agrees to indemnify Shopte Raho in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.
  3. Except as agreed to by the Parties, the data of Buyers will be the exclusive property of Shopte Raho, and Seller will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of Shopte Raho's website www.shopteraho.com or any other information which is treated as confidential by Shopte Raho, and any other information received or to be received by Seller which is agreed to be treated under the same terms. The Seller also undertakes to fully indemnify Shopte Raho against the breach of this clause.

REPRESENTAION AND WARRANTIES:

  1. Seller shall, at all times and to the complete satisfaction of Shopte Raho and without demur indemnify and hold Shopte Raho harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against Shopte Raho by the Buyer or any third party arising out of Seller's actions or omissions in connection with the sale of Seller's products and their performance during the period of this arrangement and for the products sold, even after the termination of this arrangement. Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.
  2. Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured and/or procured from the legitimate channel following all legal requirements. Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible.

MISCELLANEOUS:

  1. If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, these terms will be governed by and interpreted in accordance with the laws of the Jurisdiction of Mumbai.
  2. This agreement may be terminated by Shopte Raho or the Seller by giving a 30 (thirty) days notice in writing. Provided, in the event of a material breach of the terms of this Agreement, Shopte Raho may terminate this Agreement at any time.
  3. Both parties agree for following: -
    1. Assignment: This Agreement and the rights granted under it may not be assigned or transferred by either Party without the written consent of the other Party.
    2. Notices: All notices, requests and demands, and other communications required or permitted under this Agreement shall be in writing and either delivered personally or sent to the official address of the Party through recognized courier service or e-mail. Party may change its address by delivering notice of such change of address to the other Party.
    3. Severability: In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the Parties. In such event, the remaining terms and conditions of this Agreement will remain in full force and effect and enforceable.

Commission rates for Sellers.

It’s simple and straight!!!

Simple global commission model for all products across various categories.

Entity

Commission Rate

General

11%

Women Entrepreneurs*

9%

 

Note: The above-mentioned commission rates are subject to 18% GST.

The fees are subject to change with advance notice.

*Women Entrepreneurs here means a woman or a group of women who have registered/initiated and operate the business.


  1. Cancellation and Returns related policies:

No.

Particulars

Shipping Charge

Reverse Pick Up Charges

Payment Collection Charges

Shopte Raho Marketing Fees

1

Direct Shipment Returns (Damaged Defective/Wrong)

Borne by Seller

Borne by Seller

Borne by Seller

Borne by Seller

2

Vendor Related Cancellations (Out of Stock / Cancellation due to delay in shipment beyond 3 days from published dispatch date, etc)

NA

NA

Borne by Seller

NA

3

Replacement in case of point 1

Borne by Seller

Borne by Seller

NA

NA

4

Replacement in case of incorrect product delivery because of size, colour related issues, discrepancy in product description and actual product.

Borne by Seller

Borne by Seller

NA

NA

5

Post-shipment return/ Customer Non-acceptance (exclusive of point 1)

Borne by Seller

Borne by Shopte Raho

Borne by Shopte Raho

NA