Terms and Conditions for Seller

1.         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”).

2.         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.

3.         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 T&C’s.

4.         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.

5.         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.

6.         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.

7.         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 Sellers

8.         The Seller 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.

9.         The Seller acknowledges that the below shall be its responsibilities at all times: -

i.                     They shall provide all the information which should be current, complete and accurate.

ii.                   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;

iii.                 They shall identify themself as the seller of the Product on all packing slips and other documents/information.

iv.                 They shall not send Buyers any communication to emails confirming orders, or contact the Buyer directly in any form.

v.                   They shall 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

vi.                 They shall regularly retrieve order information by checking the Seller’s Account on the Platform at least once each business day

vii.               They shall not cancel any of the sale transactions except as may be permitted in accordance with the cancellation policy

viii.             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

ix.                 They shall 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 expenses.

x.                   They shall 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.

xi.                 They shall ensure that all Shipments, and their contents, are in compliance with all applicable laws.

xii.               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 failure to comply with applicable laws and these Terms of Use.

xiii.             They shall ensure that Shipments are handed over to the Logistics Partner on time to ensure that such Shipments are dispatched on the same day.

xiv.             They shall make payment of freight charges to the Logistics Partner if any Shipment is “returned to origin” for any reason whatsoever.

xv.                They shall ensure the “reverse pickup” at their own cost and expense.

10.   Nayapurana 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.

11.   The Seller authorizes Nayapurana, and Nayapurana will remit the settlement amount to the Nodal Account after the return window for the product closes.

12.   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.

13.   The Platform 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.

14.   Buyers may 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.

15.   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.  

16.   Nayapurana 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.

17.   The liability of Nayapurana and the Logistics Partner under all circumstances without exception, be limited to the commission received by Nayapurana.

18.   Should you 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 prevail.

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 of Rewari.

21.   The following defined terms shall apply in these Seller Terms and Conditions:

a.       “Buyer” shall mean any individual person or entity who buys the Products listed on Nayapurana Platform.

b.       “Logistics Partner” shall mean the logistics service provider on boarded by Nayapurana through a valid contract.

c.        “Required 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.

d.       “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.

e.       “Shipment” shall mean any Product, which will be transported by the Logistics Partner under a single waybill.

f.         “Shipment 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.

g.       “Waybill” 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.