Terms and Conditions for Seller
These terms and conditions for Sellers
(hereinafter called “T&C” or “T&Cs”) shall be applicable to all the
Sellers along with the “General Terms
and conditions” available at Nayapurana website (hereinafter
called “Nayapurana platform” or “Platform”).
These T&C’s describe the terms on
which a Seller can sell their Products through Nayapurana Platform. All transactions
on the Platform shall be governed by these T&C’s.
If a Seller registers
on the platform, he/she acknowledges that they have read these T&C and give
their unconditional acceptance and the agreement to be legally bound by these
Only those who have created an Account
on the Nayapurana platform shall be eligible for sale through the platform.
Further the registration on the platform shall be at the sole discretion of the
Nayapurana. Nayapurana reserves the right to cancel/suspend or reject any Buyer
from using the Nayapurana platform at any point of time.
The risk of loss and title for the
Products shall be that of the Seller until delivery of the Product to the
Buyer. If there is any damage or loss caused to the Product during shipment,
the Seller shall be responsible for the same.
The Platform only facilitates the Sale
of Products. All commercial and
contractual terms for any sale of the Products through the Platform are those
offered by the Seller only. Nayapurana shall not be responsible for the
transaction to be entered into between a Buyer and a Seller.
It shall be the responsibility of the
Sellers to honour the Buyers’ orders. Nayapurana is not responsible, and has no
liability for the genuineness, the quality or completeness of the Products sold
by the Sellers to Buyers, including any delay in the delivery of the Products,
wrongful delivery of the Products, etc., or any offers, discounts or packages
communicated by the Sellers, or for any misconduct or fraud committed by a
Seller or its employees, representatives, etc. Nayapurana cannot be called upon
to provide any guarantee/security with respect to the sale of Products by the
represents and warrants that it is a legal owner/authorised reseller/dealer of
each Product which the Seller lists on the Platform, and the Seller has all
rights to list and offer for sale, the said Products on the Platform, and by
doing so, the Seller is not violating or infringing upon the rights of any
other person, and any applicable laws.
acknowledges that the below shall be its responsibilities at all times: -
provide all the information which should be current, complete and accurate.
They shall not
engage into any Cartel formation or to list its Products on such price, terms
and conditions which are not less advantageous than the price, terms and
conditions offered by any other person;
identify themself as the seller of the Product on all packing slips and other
They shall not
send Buyers any communication to emails confirming orders, or contact the Buyer
directly in any form.
package each of the Products in a proper manner, as per industry standards, to
ensure that no damage is caused to the Product during delivery
regularly retrieve order information by checking the Seller’s Account on the
Platform at least once each business day
They shall not
cancel any of the sale transactions except as may be permitted in accordance
with the cancellation policy
They shall be responsible
for any non-delivery, wrongful delivery, theft or other mistake or act in
connection with the fulfilment and delivery of the Products ordered
also responsible for any non-conformity or defect in, or any public or private
recall of, any Products, which shall be solely at the Seller’s cost and
initiate the delivery process on every Product order information received by it/him
promptly, not later than announced in offer term of dispatch (Dispatched in X
Days) from the date of receipt of such order information.
ensure that all Shipments, and their contents, are in compliance with all
They shall indemnify
and hold Nayapurana, the Logistics Partner and their respective employees,
officers and agents harmless against any claims, losses, expenses, penalties,
fines, damages and judgements arising out of or in connection with the Seller’s
ensure that Shipments are handed over to the Logistics Partner on time to
ensure that such Shipments are dispatched on the same day.
make payment of freight charges to the Logistics Partner if any Shipment is
“returned to origin” for any reason whatsoever.
ensure the “reverse pickup” at their own cost and expense.
shall remit payments to the Sellers (excluding Cash on Delivery (COD)
transactions) through a nodal account (hereinafter referred to as the “Nodal
Account”) in accordance with the directions and notifications issued by the
Reserve Bank of India for the opening and operation of accounts and settlement
of payments, and for electronic payment transactions involving intermediaries.
The remittances for COD transactions shall be made through the online
bank. The Seller hereby agrees and authorizes Nayapurana to collect payments on
the Seller’s behalf from Buyers for any sales made through the COD mechanism,
whether directly or through the Logistics Partner. Further, the Seller
authorizes and permits Nayapurana to collect and disclose any information
(which may include personal or sensitive information) made available to Nayapurana
in connection with these Seller Terms and Conditions to a bank, auditor,
processing agency, or any person contracted by Nayapurana.
authorizes Nayapurana, and Nayapurana will remit the settlement amount to the
Nodal Account after the return window for the product closes.
In the event
that that any amounts are due and payable by the Seller to Nayapurana, Nayapurana
shall have a right to retain such outstanding amounts due from the Seller, from
the settlement amounts payable to the Seller for any completed transaction, at
any point of time, without prior notice to the Seller; and the Seller confirms
and authorises Nayapurana to undertake the same.
reserves the right to use all Information provided by Seller towards arranging
and compiling catalogues of such information which shall always be the property
of Nayapurana, and no person, including Seller, shall make any claim, whether
proprietary or otherwise, in respect of such catalogues.
provide feedback, review, ratings and comments about the Seller. The Sellers
agree and accept that the ratings provided on the Platform are on the basis of
such feedback and comments of the Buyers only, and that Nayapurana is in no
manner responsible or liable for the same. All views and opinions expressed on
the Platform by the Buyers, are those of the individual Buyers only, and do not
in any way reflect the opinion of Nayapurana. Nayapurana shall not assess or
rate any Seller on the Platform. Further, in case of any service-related
complaints or negative feedback from a Buyer, Sellers agree to address or
resolve the matter in a speedy and amicable manner. Nayapurana shall not, and
is not required to, mediate or resolve any dispute or disagreement between any
Seller and Buyer.
If any Seller
consistently receives negative feedback from Buyers, Nayapurana shall, in its
sole discretion, have the right to de-list any or all of the Products listed on
the Platform by a Seller based on such factors as it deems fit, including but
not limited to any complaints received from Buyers in relation to any Product.
does not provide any guarantee to Sellers that listing the Products on the
Platform by the Sellers will result in leads from the Buyers, or in any
specific volume of sales, or completion of any transaction of sale. Nayapurana
does not implicitly or explicitly support or endorse the sale or purchase of any
Products on the Platform.
of Nayapurana and the Logistics Partner under all circumstances without
exception, be limited to the commission received by Nayapurana.
object to this policy, any guidelines, or any subsequent modifications thereto
or become dissatisfied with Nayapurana in any way, your only recourse is to
immediately discontinue the use of our platform(s).
19. In case of any conflict or inconsistency between the General Terms and
Conditions and these T&C’s, then the provisions of these T&C’s shall
20. All disputes
including but not limited to transportation, shipping and delivery of any
Shipment shall be subject to the jurisdiction of the courts located in the city
defined terms shall apply in these Seller Terms and Conditions:
“Buyer” shall mean
any individual person or entity who buys the Products listed on Nayapurana
“Logistics Partner” shall mean
the logistics service provider on boarded by Nayapurana through a valid
Product Information” shall mean, information including but not limited to description
of the Product, information regarding in-stock status and availability,
shipping limitations or requirements, categorization, image that accurately depicts
only the Seller’s Product, sales price, shipping and handling charges, model
specifications; and any other information reasonably requested by Nayapurana.
“Seller” shall mean
any individual person or entity who has successfully registered and has
received Registration number to list their products on the Nayapurana Platform.
“Shipment” shall mean any
Product, which will be transported by the Logistics Partner under a single
Information” shall mean, with respect to any of the Seller’s Products, the
estimated or promised shipment and/or delivery date, with other delivery
details, if any.
shall mean any label, including consignment notes that is produced by the
Logistics Partner using automated systems for its internal record and control,
and that contains details of the Shipment, including name of the consignor and
consignee, origin and destination, and description and weight of the Shipment.