- “Payment Services” shall mean the collection of payments by us, for the Order(s), from the Buyer(s): (i) using Payment Instruments (defined below), various banks or financial institutions, that enables the Buyer(s) to pay online; and/ or (ii) for cash on delivery Order(s), by collecting cash and remitting the same to the Seller(s) of Products.
- “Order Detail(s)” shall mean the details relating to the Order including without limitation, the description of Products, cost of the Products, total amount payable, delivery date etc.
- “Order(s)” shall mean an order placed by the Buyer(s) for purchase of Products prescribed by the Seller(s) of such Products. Each Order shall be specifically designated by a unique order number
- ‘Platform’ means the any website and/ or mobile application whereby Seller(s) display/ list and sell their Products.
- “Product(s)” shall mean multiple categories of goods including but not limited to mobiles, cameras, computers, apparels, footwear, healthcare and personal products, consumer home appliances and consumer electronics etc.
- ‘Shipment(s) / Consignment(s)’ means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.
- Representation, warranties, and obligations:
(a) Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws. We accept Consignments in good faith that the Consignments do not contain anything which will infringe or be in violation of any applicable laws.
(b) If more than one Consignment is booked to the same receiver, Seller must ensure that the full address of the Consignee or designated recipient is written on all the Consignments.
(c) Seller shall not enclose cash, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion and at your risk and expense. In this regard you shall, at all times, fully indemnify us and hold us harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such goods.
(d) Seller shall be solely responsible to declare the accurate value of the Consignment in the consignment note at the time of booking your Consignment for delivery.
(e) Seller represents and warrants that the description and particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, and value) are complete and accurate with all laws, regulations, and requirements that may be applicable.
(f) Seller represents and warrants that:
(i) all information provided by you or person acting on your behalf relating to the Shipment(s) are complete and accurate;
(ii) the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;
(iii) the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting; and/or
(iv) the Shipment(s) are in compliance with all laws, regulations, and requirements as may be applicable.
(g) Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to goods & services tax Act, 2007 (GST)) required to ship the Shipments. GST on the products contained in Shipments and all applicable statutory tax compliances shall be your sole responsibility and we shall not be responsible for any losses, damages resulting from any such non-compliances.
(h) Seller shall be solely responsible to ensure that the Consignment is handed over to us within the time slots allotted to Seller by us. If Seller does not handover the Shipment within the time slot allotted, then Seller shall be charged extra for second attempt being made by us to take the Shipment.
(i) Seller shall be solely responsible for procuring appropriate insurance policies for the Consignments to cover all or any risks and liabilities that Seller may foresee. If Seller requires greater protection, then insurance cover may be arranged by us for the Shipment, in our sole discretion, upon your prior written instructions.
(j) Seller shall be solely responsible to raise invoices directly on the Buyers. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause.
Failed Delivery or Undelivered Shipment:
(a) You acknowledge that a delivery failure (“Failed Delivery” or “Undelivered Shipment”) may occur for various reasons, including but not limited to:
(i) the Consignee’s name is incorrectly stated in the Delivery Note;
(ii) the delivery address is incorrectly stated in the Delivery Note;
(iii) there is no recipient available at the designated delivery address to receive the Shipment; or
(iv) the recipient refuses to receive the Shipment.
(b) In the event of a Failed Delivery due to the reasons stated in clause (a) above, we shall retain the Shipment and make a reasonable number of re-delivery attempts (as determined by us in our sole discretion) to deliver the Shipment in accordance with the RTO Policy as displayed on the Platform.
(c) In the event of Failed Delivery even after making such number of re-delivery attempts to deliver the Shipment, we will notify Seller and use reasonable efforts to return the Shipment to Seller in accordance with the RTO Policy.
COD Services for Buyers:
(a) Seller hereby authorizes us to perform COD services and collect the cash on your behalf from the Buyer and the collected COD shall be settled and remitted to Seller’s account in accordance with the settlement process as set out in the terms for Payment Services as set out hereinbelow and Seller hereby agrees to be bound by the provisions of the terms for Payment Services in this regard.
(b) Seller acknowledges and agrees that in performing the COD Services, we are acting merely as a payment collection agent and shall take no responsibility as to the legality of any payment transaction between the Seller and the Consignee.
Express Remittance Facility for Sellers:
In the event Seller(s) request for payment for the Order(s) at the time of handing over Shipment to us for onward delivery of Consignment to the Consignee, we may in our sole and absolute discretion, pay to the Seller(s) such percentage of the amount of Shipment being handed over to us. Further, in the event the Buyer refuses to accept the Products we will return the Shipment to the Seller and the Seller shall be liable to return to us the money received by Seller from us in the form of express remittance. If the Buyer has accepted the Shipment, the money paid by the Buyer shall be adjusted corresponding to the amount of express remittance paid to the Seller.
Limitation of Liability:
In no event will we be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, howsoever caused or on any theory of liability. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labeling of Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labor; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to any Shipment; and/or (j) any dispute or claims between the Seller and the Consignee/ Buyer including without limitation relating to the Shipment or Products hereunder.
Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with the Logistics Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of INR 5000/-.
(a) In order to facilitate the purchase of Products by Buyer(s), we have entered into arrangements with various third-party payment providers such as pre-paid cash cards, wallets, banks, or financial institutions and such other entities (“Payment Instrument(s)“) as may be determined by us, in our sole discretion, which shall enable the Buyer(s) to pay for the Orders placed by the Buyer(s) on the Platform.
(b) Buyer(s) hereby agrees and acknowledges that we shall collect the payment, for the Orders placed by the Buyer(s), on behalf of the Seller. By availing the Payment Services, Buyer(s) authorizes us and our authorized representatives to collect the transaction amount payable for an Order from the Buyer(s), on behalf of the Seller, and process, facilitate and remit the payments to the Seller.
(c) Upon placement of Order on Platform, Buyer(s) shall be able to make payment for the Order placed by the Buyer(s) for completing the transaction through one of the Payment Instruments or methods of payment prescribed by us and made available, from time to time, on the Platform.
(d) At the time of placing the Order on Platform, we may in our sole discretion require Buyer(s) to pay an advance amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller (“Advance Amount”). Such Advance Amount payable by the Buyer(s) shall in no event exceed the transaction amount for an Order and shall be adjusted from payment received from the Buyer(s) against the Order delivered. In the event of any cancellation of the Order by the Buyer(s), we may in our sole discretion either:
i. refund the Advance Amount to the Buyer(s);
ii. forfeit the Advance Amount as cancellation fee; or
iii. transfer the Advance Amount to the Seller(s).
You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.
(e) Buyer(s) hereby acknowledges that the Buyer(s) is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer(s). Buyer(s) hereby acknowledges that we do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer(s) or its payment instructions.
(f) We do not make any representations pertaining to the information, content, Products included on or delivery of the Products or otherwise made available to Buyer(s) and Buyer(s) acknowledges that we are only acting as an intermediary between the Buyer(s) and the Seller. Buyer(s) hereby further agrees, acknowledges and confirms that we are not responsible in any way for the Products purchased by the Buyer(s) from the Seller and it is explicitly agreed by Buyer(s) that we will not in any way, under any circumstances whatsoever, be responsible or held liable for Products purchased by Buyer(s) from the Seller and/or in relation to any issue and/or dispute thereof. Buyer(s) hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Buyer(s) and the Seller.
(g) We shall have the right to block your access to the Payment Services, if we in our sole discretion determine that the transaction being undertaken by you is not genuine or suspicious or fraudulent.
(h) Buyer(s) hereby consents and agrees to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider or Payment Instrument from time to time, in relation to these Payment Services.
(i) Buyer(s) hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Seller, deficiency of service and/or Products delivered, technical errors on the Platform. Buyer(s) further acknowledges that we shall not be responsible, in any manner whatsoever, for any loss incurred by the Buyer(s) for a failed / incomplete transaction undertaken by the Buyer(s) using these Payment Services.
- Sellers Payment Terms For any delivered order(s)the payment will be transferred by GPH B2B within 10 working days of the bank. This payment will be made to the seller’s account within the duration starting form the order delivered to the buyer. Platform fees will be deducted along with other applicable Taxes and charges Before macing payment to the seller