Seller’s T & C*

SELLER  AGREEMENT

This agreement contains the complete terms and conditions that apply to an individuals or entity’s participation in the HoPSoP Services. affiliated program. As used in this agreement, we, us, or ,our, means to seller/vendor terms and conditions or any of our affiliated; parent; or group companies and our successors and assigns, as the case may be, and “you” means the applicant. HoPSoP Services site means, collectively, the HoPSoP.com website. “Your Service” means your goods where you will link to the HoPSoP Services site (and which you will identify in your product categories). Save for our obligation to pay referral fees, service tax including Sawachh Bharat Abhiyan and Krishi Kalyan Cess of total cost of marketplace value, as Indian Goverment law under act 2013, 2016 & 2018 which may be performed solely by us, we may cause any of our obligations under this agreement to be fulfilled by any of our affiliates (defined below), on our behalf.

DEFINITIONS AND INTERPRETATION:

The name of the company selling goods should be inserted as indicated.  Also, you must identify clearly the Goods which are being sold.

There is designed to make it clear that the Seller’s terms and conditions will take precedence online sellers do not have too much of a problem here but in other situations, a purchaser may confirm that he wishes to buy on his own terms and conditions and an argument can then develop as to whose terms and conditions actually apply to the contract, this is known as the battle of the forms.

 

  1. Enrolment:

To begin the enrollment process, you must complete the registration process for one or more of the Services. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We discretion and without notice. we may at any time cease providing any or all of the Services at our sole. We may at any time come to stop providing any or all of the Services at our sole discretion and without notice.

  1. Seller Identification:

As part of the application, you must provide us with your or your business legal name, address, phone number and email address. If sellers are not able to provide these all details with us, then we may reject your application discretion or without notice.

  1. 3Terms & Condition:

As per company norms, it also note that you may not purchase products during sessions initiated through the links on your services for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. The reason behind this policy is that the HoPSoP Services. Our motto is to have our affiliates refer new customers to us in return for referral fees. You have been notified that your services has been accepted into the program, and subject to this Terms and Conditions.

 

  1. 4Payment details:

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon payment gateway authorization service provider being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

4.1 Transactions:

Transaction price and all commercial terms such as delivery, dispatched of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. a).Use of the payment facility shall not render HoPSoP Services, liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the website. b).You have specifically authorized HoPSoP Services or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. c).Your relationship with HoPSoP Services is on a principal to principal basis and by accepting the Terms and Conditions, you agree that HoPSoP Services is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the website and paid for by using the payment facility. HoPSoP does not guarantee the identity of any user nor does it ensure that a buyer or a seller will complete a transactions. d).You understand, accept, and agree that the payment facility provided by HoPSoP Services is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through cash on delivery (COD), collection and remittance for transactions on the website using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility.

4.2.Seller Registration & KYC documentation:

As an additional safety measure, sellers intending to create a vendor/seller account and register on the website are required, all related original documents to provide with us for verification purpose. Sellers whose transactions value has exceeded Indian Rs. 50,000/- (cumulative) through transactions have to complete the additional verification (KYC) process. Till the time such an additional verification is concluded, your remittances shall be on hold and only released upon completion of the KYC process. This verification procedure is aimed to further help HoPSoP Services become a safer and secure e-commerce platform. You need to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process. Important: If you edit your bank account details after completing the KYC process, you may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments. As part of the KYC process, you are required to provide related all valid documents for proof of identity and proof of address. Given below are the documents acceptable for the KYC process:- a). For bank accounts belonging to individuals/business Proof of Identity like; Passport/ PAN card/ Voter identity card/ Driving license, b).Proof of Address Passport/ Driving license/ Voter identity card/ Telephone/ Mobile bill/ Bank account/ Credit Card statement/ Electricity bill/ Ration card. c). For bank accounts belonging to companies Proof of identity PAN Card of the Company and VAT/TIN (mandatory). Proof of address Company telephone bill and Company electricity bill. For bank accounts belonging to partnership firms proof of identity VAT/TIN (mandatory), Proof of address Telephone bill in the name of firm/partners, electricity bill in the name of firm/partners. e). For bank accounts belonging to trusts & foundations proof of identity VAT/TIN (mandatory), proof of address telephone bill, electricity bill. f). For bank accounts belonging to sole proprietor proof of identity Passport, PAN card, Voter identity Card, Driving license, VAT/TIN. Proof of address Telephone/Postpaid Mobile bill, Bank account/Credit card statement, Electricity bill, Ration card.

4.3.Payment Procedure:

  1. a)You, as a seller, shall be required to dispatch the products and/or services for every transactions to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, seller will solely be responsible for undertaking transit insurance for products sold on the website. For avoidance of doubt, HoPSoP Services will not be responsible for undertaking any insurance(s) for products sold by sellers on the website.
  2. A seller shall provide dispatch details to HoPSoP Services in such a manner and within a time period as provided in the policies, failing which the transactions shall stand cancelled.
  3. A seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate proof of dispatch & proof of delivery Such proof of delivery documentation relating to delivery should be maintained by a seller for a period of twelve months(12 months) from the date of dispatch. The proof of delivery should be furnished to HoPSoP Services on demand within the time frame as notified from time to time.
  4. A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.
  6. A seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events: a.i) a buyer confirms the delivery of products and/or services in the transaction; b.ii) a buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer; c.iii) a buyer’s refund claim is rejected by HoPSoP Services due to any breach of the terms and conditions policies and any applicable law; d.iv) remittances to a seller for successful transactions under the payment facility, excluding cash on delivery transactions, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notifications by the Reserve Bank of India(RBI) rules and regulations. e.v) Transaction Timelines: Transaction on the website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below: Step Action Item Days. i.) Seller to procure and ship the product(s) sold 1 – 21 days. ii.) Logistics partner to ship and deliver the product(s) sold (post step i) 1 – 7 days. iii.) Buyer to confirm or return the product(s) (post step ii) 1 – 14 days. Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary guidelines. Remittances to a seller for cash on delivery transactions shall be made through cheque / demand draft or online bank transfer to the seller’s bank account in accordance with above said transaction timelines prescribed in clause herein above.

Registration charges on the website is free. HoPSoP services does not charge any fees for browsing/registering on the website. However, before you list an item for sale through the website, we request you to review our fee policy, which is hereby incorporated by reference into this terms and conditions. HoPSoP Services reserves the right to change its fee policy from time to time. In particular, HoPSoP Services may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, HoPSoP Services reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to HoPSoP Services. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to HoPSoP Services. Taxes: You are responsible for paying all fees associated with the use of the website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Rules for Express Remittance for Qualified Sellers

  1. A seller agrees that HoPSoP Services may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary guidelines and arrangements/ directions of the nodal bank. HoPSoP Services at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that HoPSoP Services reserves the right to withdraw Express Remittance at any time for any violation of the terms or HoPSoP’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by HoPSoP Services from time to time.
  2. As a seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Further, a seller shall ensure that invoices state ‘Powered by HoPSoP Services’ and failing to do so, a seller shall be liable to charge backs (as applicable).
  3. In case of any charge backs levied by the bank, HoPSoP Services shall have the right to deduct such charge backs from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the charge back disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the charge back is ruled against a seller, HoPSoP Services shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event HoPSoP Services has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by HoPSoP Services to the Seller.
  4. HoPSoP Services may delay notifying the payment confirmation, i.e. informing seller to dispatch, if HoPSoP Services deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, HoPSoP Services may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
  5. Sellers and buyers acknowledge that HoPSoP Services will not be liable for any damages, interests , claims etc. resulting from not processing a transaction(s) price or any delay in processing a transaction(s) price that is beyond the control of HoPSoP Services.
  6. HoPSoP Services shall make payments into the bank account provided by a seller during the seller registration process. Once HoPSoP Services has made payments into such a bank account number, HoPSoP shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

7.Product details:

HoPSoP Services does not warrant that product description or other content on the website is accurate,  reliable, current, or error-free and assumes no liability in this regards.

  1. Licences:

We grant you a non-exclusive, revocable right, loyalty free we grant express permission, solely for the purpose of identifying your service as a program participant and to assist in generating product sales. You may not use such image or text in an offline promotion or other offline manner (e.g., in any printed material, mailing or other document). You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

 

 

6.Enrollment Products List:

All products enlisted by government Ministry of Corporate Affairs rules and regulations act 2013.

Grocery and Daily Use Products , Electronics Products, Home Electronics & Large Appliances, Accessories, Personal Use Electronics, Kitchen & Home Appliances, Kitchen & Home Appliances,  Furniture, Real Estate and Raw Materials,  Stock Market Services, Men’s Women’s and Kids Apparel and Care, Musical Instruments, Books & Stationary Products, Food & Personal Care Products, Films & Writer Service, Cars & Bikes, Wholesale & Bulk Services, We provide Wholesale & Bulk, Quantity services of these all products also, Building Raw Materials.

To carry on in India the business of marketing, promoting, franchising or dealing in any of the above activities as also financial and insurance products or schemes, both in internal and external markets, on its own or through network marketing with membership concept of whatever sort or nature and to appoint sub-franchisers etc., for any of the above purposes.”

To provide the services of Hotel Booking, Flight Booking, Bus Booking, Train Booking, Van/ Taxi Booking Services, Travel and Tourism Services, Job Provider Services, Consultant Services, Hotel and Saloon Services, Advertisement Services, Equipment and Other Goods Manufacturing Services.

Prohibited and Restricted Items List:

Alcohol, Wine or Liquor or Adult Material (see Mature Audiences policy) Animal & Wildlife products or hides/skins/teeth, nails and other parts etc. of animals Antiques & Artifacts Beta Software Bootleg / Pirated Software’s Catalogue & URL sales Used Clothing Compilation & Information Media Contact Information and User databases Contracts Copyrights Counterfeit Currency & Stamps Downloadable media (Unless expressly permitted by Zetnik Services) Drugs Electronic Surveillance Equipment (Unless permitted by law) Event Tickets Firearms, Ammunition, Militaria, Weapons and Knives Firearms, Explosives & Explosive substances Games Software Government ID’s and Licenses Hazardous, Restricted & Perishable products Human Parts & Remains Importation of Products – examples include CDs that were intended only for distribution in a certain country Items Encouraging Illegal activities Misleading titles Movie prints Offensive Material Police, Army, Navy & Air Force Related items Prohibited Services Promotional Items Real Estate Replica & Counterfeit items Ringtones Stocks & other Securities Stolen Property Surveillance Equipment’s Tobacco & related products Trademarks & Patents Travel Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content Hacking and cracking materials which includes manuals, how-to guides, or equipment, information enabling illegal access to software, servers, watomites, or other protected property Illegal products which includes materials, products, or information promoting illegal products or enabling illegal acts Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes Offensive products which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner. Pyrotechnic devices and hazardous materials which includes fireworks and related products; toxic, flammable, and radioactive materials and substances Regulated products which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; products regulated by government or other agency specifications Securities, which includes stocks, bonds, or related financial products Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products Wholesale currency which includes discounted currencies or currency exchanges Multi-Level Marketing collection fees Matrix sites or sites using a matrix scheme approach Work-at-home information Drop-shipped merchandise Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India. *The above list is merely indicative and not exhaustive. HoPSoP Services may at its sole discretion, amend or modify this list.

Multiple Accounts & Listing Policy Sellers shall not be permitted to have multiple accounts on the website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk, and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the website. Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don’t list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can’t have more than one listing of an identical item at the same time. Violations of this policy may result in a range of actions, including: account suspension listing cancellation, limits on account privileges, and loss of special status. These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different display names. Listings are considered duplicates if they are for items that have no significant differences between them. To avoid your listings from being treated as duplicates, make sure you clearly show the differences between items in the titles, descriptions, prices, photos, product IDs, item specifics, or parts compatibility areas of a listing. Zetnik Services may also look at other parts of the listing to determine whether it’s a duplicate. If the differences between the items you’re selling aren’t obvious in the search results, your listings may be treated as duplicates and will be subject to the consequences outlined above

  1. Price:

It is a legal requirement that the total price of the goods, including taxes and any other charges are clearly shown.  The wording in clause above is designed to reflect this but it may have to be adjusted depending on what information is provided on the website.

 

  1. Ording Goods Online:

Customer is required to warrant that the information that he provides when he purchasing accurate – this is intended to protect the seller against credit card fraud, although in practice this can be difficult.

Attempts to deal with this problem in another way:  when a credit or debit card payment is made online, it sometimes happens that the details provided to the company processing the payment do not fully match the details held by the customer’s bank.  In spite of this, the banks will sometimes allow the payment to proceed.  A discrepancy will usually be highlighted by the company processing the payment and this will then enable the seller to make some further enqueries before dispatch of goods. World pay, for example, notifies the seller with a Caution or a Warning depending on the perceived level of risk.

Designed to give the seller some protection if there is any technical error which arises

 9.Risk & Ownership

Once the goods are delivered to the customer, the customer becomes responsible for loss or damage.  The Regulations refer to a consumer acquiring physical possession of the goods. Also allows for the risk to pass to the customer if there is an arrangement whereby the customer agrees to collect the goods.

The seller retains ownership until all payments have been received – this gives the seller the right to recover the goods if they are delivered before full payment has been received.

  1. WARRANTIES AND LIABILITY:

Under the general law there are implied warranties on the part of the seller, that the goods which he is selling will meet the description and that they will be reasonably fit for the purposes for which they are required etc. This clause contains a fairly basic warranty on behalf of the seller.

Under that conditions, the seller in effect offers a guarantee that if within a specified period any defect in the goods appears, then the seller will either repair or replace those goods, but the cost of return is at the customer’s expense. If designed to limit the seller’s liability. Here again there are laws designed to protect the purchaser and the seller should check the legal position.

 11.Customer Defult:

This clause sets out grounds on which the seller has the right to cancel the contract and recover possession of any goods which might have been delivered.

 12.Force Majeur:

Certain unforeseen circumstances beyond the control of the parties might prevent the seller from making a delivery in accordance with the terms and this is covered here.  The seller can cancel or suspend the contract in those circumstances.

13.Intelletual Property:

Where goods which are sold are subject to Intellectual Property rights, e.g. a work of art or a piece of sculpture, sale of the goods does not give unlimited freedom to the purchaser: copying a work of art and then selling it would require the consent of the artist.

 14.Dispute:

If there is a problem that cannot be resolved amicably, this clause allows for the possibility of mediation and, failing that, a dispute will be referred to the Indian courts.  Mediation is a process where an independent third party endeavours in an informal meeting to resolve a dispute and it is a lot cheaper than the court processes. See our free documents for more information on Dispute Resolution.

 15.Governing Law:

Since the contract is written with Indian Government law in mind, this is the law which governs the contract.

16.Relationship of Parties:

You and we are independent contractors, and nothing in this agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. HoPSoP Services is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This agreement will not create an exclusive relationship between you and us.

17.Limitation of Liability:

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement.

18.Modification:

We may amend any of the terms and conditions contained in this agreement (including the Service terms and programme policies) at any time and solely at our discretion. Any changes will be effective upon the posting of such changes on seller central or on our site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to the agreement will be posted for at least 30 calendar days. All changes to programme policies may be made without notice to you. You should refer regularly to your account or seller central, respectively, to understand the current agreement and programme policies and to be sure that the items you offer for sale can be sold via the HoPSoP  Service in connection with our site.

19.Disclaimers:

We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the HoPSoP.com site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

20.Miscellaneous:

The above Terms of Service constitute the entire agreement of the parties and supersede any and all proceeding and contemporaneous agreements between you and HoPSoP.com any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of HoPSoP Services.

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