We are glad that you have chosen to be a part of The Co Company. Please note that the tone of the content of this agreement does-not reflect our sentiment towards this relationship. This document merely uses some legal templates that often have verbose and cold clauses. We in fact look forward to a cordial, long-lasting and fruitful relationship with your organization.
This seller’s agreement entered into by and between -
Ankara Enterprise, Incorporated under the provisions of the Companies Act, 1956, having its registered office at D 704 Mahindra Splendour, LBS Road, Opp. Neptune Mall, Bhandup West, Mumbai - 400078 India, represented by its Proprietor Tejashree Bhanawala, Indian National and citizen of India (hereinafter referred to as “The Co Company” or “The Company” or “Website” which expression shall unless repugnant to the context shall mean and include its successors-interest and assigns) of the first part.
(Hereinafter referred to as “Seller” which expression shall unless repugnant to the context shall mean and include its successors-interest and assigns) of the Second part.
Both of whom are hereinafter referred as “Parties” in the collective sense and each of them is hereinafter referred to as “Part” in individual sense.
Whereas, The Co Company is involved in the business activities pertaining to the sale of handcrafted goods with the intention to support the weavers and make them more self sustainable, The Co Company offers here a proposal for the seller to join the ‘Online handicrafts sale’ platform.
Whereas, Seller is involved in the business activities pertaining to the research and manufacture of handcrafted goods.
Whereas, both parties have come together to let the ‘online handicrafts sale’ platform developed by The Co Company to be leveraged for the sale of the ‘goods and process/heritage’ ’produced and practiced’ by the Seller.
Whereas, both parties request each other to execute the present deed of arrangement namely Sellers Agreement in duplicate.
Purpose & Scope
The purpose of this agreement is to clearly identify the roles and responsibilities of each party as they relate to the use of The Co Company’s ‘online handicrafts sale’ platform for the sale of the ‘goods and process/heritage’ ’produced and practiced’ by the Seller.
A seller can approach the company via contact us form available on the website OR the co company approaches the seller for selling their handcrafted goods on the website.
Our representatives shall subsequently get in touch and organize visits/meetings/calls to conduct due diligence and setup handshakes for setting up seller showcase, synching accurate inventory and coordination with the logistics partner.
During the entire flow stated above the seller shall provide true, correct and duly authorized data / information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to suspend / terminate the Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and policies made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
Invoicing, Shipping & Product Liabilities
Please note that we follow a commission based model. We provide a marketplace platform. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform. We would stock your products for 3 months during which we would try to sell your products. Electronics transfers would be made to the account no. shared by you on monthly basis. The payments would be made once the price have been paid by the customer and it reflects in our accounts. Invoicing and shipping to customer is the Company’s responsibility (or as per arrangements made in preferred association models) but taxation related to sale of seller’s products like VAT, etc is seller’s responsibility. We will do quality check for each of the products that we source from you. In case of any defect we would return the product to you without putting them for sale.
Hold, Suspension and Termination of Seller Registration
In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, The Co Company may suspend and/or terminate the Seller Registration or may put the remittances on hold with respect to such Seller. The Co Company may reinstate or activate seller’s Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and policies made thereunder. Seller’s Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
Know Your Customer (KYC) Documentation
At the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with the company or at any subsequent date.
The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and policies made thereunder as well as compliance with applicable laws. The Company has the right to reject/question data within any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
No Infringement of Intellectual Property of Company and Third Parties
You must ensure that the items do not infringe upon the intellectual property, trademark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for use of such trademark or intellectual property, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company beyond the capacity of being a ‘seller’ or that you have any right to represent the Website or the Company.
Appropriate Description in Listing
You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
Our team will assist you in writing an appropriate description of an item to be listed, taking photographs/images of the items to be uploaded on the Website etc. In such case, you are liable to verify all such content of the listing, photograph/ image etc. provided by our team and edit/ modify/ vary/ delete as may be necessary to accurately describe the item to be listed. You agree that under no circumstance will the Company be liable for any misrepresentation in respect of the listed item.
Every 3 months (90 days) your unsold listings will expire and you will need to re-check their quality and presence in your physical inventory and subject to that remove or refresh the listing.
Method of Payment
Based on the sales, a monthly income statement will be for the seller and the balance amount after deducting the commission will be transferred to you. A general formula that we would use to calculate the amount to be transferred is
Seller would get monthly = 70% of [Total amount of sales (of the goods produced by the seller) in a month - total VAT charged for the products sold in a month(if applicable)] + total VAT charged for the products sold (if applicable)
You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by the company on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.
Unfair Consumer Practice
You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Price and upon Delivery
The seller’s price of the item proposed to be purchased shall Include all costs, expenses, duties, taxes and margins that need to be accounted on the seller’s side and margins, tax and duties to be accounted on the Company’s side.
Seller’s base price and all other charges mentioned above shall be charged to the end client in normal circumstances.
If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
Ending of Listing
You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
Remittance to Sellers
A monthly payment of the items produced by the seller and sold to customers will be made when
Buyer confirming the Delivery of items in the Transaction, or
Buyer does not raise a refund claim within  days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and policies made thereunder and/or applicable law.
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the company’s interests and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Seller for their successful Transactions would be in accordance with the provisions contained herein and applicable laws in India.
Typical timeframes (1 day = 24 hours) and conditions leading up to remittance to the seller are hereby agreed to be -
- Buyer’s payment reaching The Co Company account
- Logistics partner delivering to buyers within – 7/21 day to deliver (National/International)
- Buyer not raising any objection/claim within the – 7 day return period policy
- A 30 day remittance processing time after step (c)
Seller warrants and undertakes that
All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the trademark, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction.
In the event that
The use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
The Buyer claims a refund of or charges back the Transaction Price,
The Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission or neglect on Seller’s part while entering into and performing the contract with the Buyers or using the website.
In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
Penalties verification and refund to Buyers
The Company reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
If the verification documents submitted are invalid, tampered or forged; or
The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all of the above cases, amount valued at for all the sold goods after deducting the commission will be transferred to the seller all the stock remaining will be sent back to the seller.
The Company will retain personal information in accordance with the privacy policies posted on the Website and applicable laws.
LIST OF RESTRICTED ITEMS
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
- Body parts which includes organs or other body parts
- Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
- Child pornography which includes pornographic materials involving minors
- Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
- Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
- Gaming/Gambling which includes lottery tickets sports bets, memberships/enrollment/ online gambling sites, and related content
- Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
- Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, servers websites, or other protected property
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
- Offensive goods which includes literature, products or other material that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Encourage or incite violent acts
- Promote intolerance or hatred
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
- Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods 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
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
- Wholesale currency which includes discounted currencies or currency exchanges
- Live animals or hides/skin/teeth, nails and other parts etc. of animals
- Multi level marketing collection fees
- Matrix sites or sites using a matrix scheme approach
- Work-at-home approach and/or 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 merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
- Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc)
- Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes & games of chance)
- The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
- Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
- Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
- Mailing lists
This policy was last updated on 6 November, 2015