The Website is owned and operated by AFDAY STORE (OPC) PRIVATE LIMITED, an Indian company with its office at #68/2 AFDAY STORE NEAR SAI VELOCITY PHASE 1 BAVDHAN BK, PUNE 411021, INDIA (“Company").
Fees shall mean the fees agreed during the registration process of the Seller on the Website.
Intellectual Property Rights shall mean any inventions (patented or not), patent applications, patents, trademarks, trade names, service marks, copyrights, any know-how, ideas, trade secrets or any and all other intellectual property rights, and forms of protection of a similar nature anywhere in the world.
Order Placement shall mean payment being made for an order on the Website by a buyer by using the payment features provided on the Website and the accompanying intimation provided to the Seller by the Company.
Shipping Confirmation shall mean the intimation to the Company by the Seller of the tracking number provided by the courier service provider in respect of each Order Processing.
Order Processing shall mean the packaging of the product(s) ordered on the Website and handing them over to the courier service provider, by the Seller.
Seller User shall mean any employee, agent or representative of the Seller who has been assigned a username and password to access and use the Website.
User Information shall mean any information provided by any user of the Website including name, age, sex, address or other such personally identifiable information or any professional qualifications.
2. License Grant, User Access and Permitted Uses
The Seller is granted a limited, revocable, non-exclusive and non-transferable license to access and use the Website and its functionalities.
Every Seller User will be provided with a username and password. The Seller shall be solely responsible for ensuring the confidentiality of its account details and shall ensure that all such usernames and passwords are kept confidential and will be used only by individual users authorized by the Sellers. The Seller undertakes to immediately notify the Company of any misuse or loss of usernames or passwords or any unauthorized use of the Seller’s account.
Seller shall be solely responsible for any postings that are made through its account.
The Seller shall not: (a) copy, re-sell, sub-license, distribute, transfer, assign or otherwise make available the content of the Website to any third party; (b) create any link or hyper-links to or on the Website unless as expressly authorized by the Company; (c) copy any features, user interfaces, functions, graphics or reverse engineer the Website in any manner; (d) share one username with more than one Seller User at any given point in time; (e) post anything on the Website which is illegal, threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory based on caste, racially or ethnically objectionable or contains pornography; (f) post anything which it does not have the rights to post or that infringes on a third party’s Intellectual Property Rights; (g) post any content advertising any content of a competitor of the Company or which links to a competitor ‘s website; (h) monitor the availability of the Website, or in any manner assess or measure its performance or functionality, or do any other benchmarking for competitive purposes.
The Seller shall: (a) not use any logos, names or other trademarks or trade names other than those of the Seller or those which the Seller is authorised to use; (b) ensure that it abides with all applicable laws.
The Seller acknowledges and agrees that the Company may at any time terminate any access or remove any posting which the Company in its sole discretion deems to be against the policies of the Company and the Website.
4. Operational Obligations of seller
In relation to the use and access of the Website its content and features, You agree and undertake not to:
The Seller shall complete the Order Processing in respect of each product purchased via the Website no later than 2 (two) working days from the time of Order Placement, unless a different time period for Order Processing has been agreed in writing with the Company, and promptly thereafter the Seller shall intimate the Shipping Confirmation to the Company.
The Seller shall ensure that the products that are subject matter of Order Processing are of the same description, quantity and quality as specified by the Seller on the Website.
The Seller shall be responsible for Order Processing and shall ensure that the product(s) are packaged in a manner that they do not suffer any wear and tear during handling and transportation. Upon the request of the Seller the Company will provide reasonable assistance in helping the Seller with Order Processing.
The Seller shall comply with the Company’s return and refund policy as in force from time-to-time. The return and refund policy in force as of the date hereof is as follows. Within 7 (seven) days from delivery of the product the buyer thereof may file a complaint with the Company that the product does not substantially confirm to the description, quantity and quality specified by the Seller. The buyer is expected to provide details of the issue with the product/ produce at the time of filing the compliant. The buyer is expected to courier the item back to the address provided by the Company for this purpose within 10 (ten) days of receipt of the item. If the actions set forth herein have been initiated by a buyer but are not completed by the buyer, the Seller should follow up with the buyer. Upon receiving the item the Company shall courier it to the Seller and the seller shall verify the authenticity and the nature of the complaint. Within 3 (three) days of receiving a product, the Seller should determine whether the compliant is valid and genuine. If the Seller determines that a compliant is without basis, the Seller should within the said period of 3 (three) days communicate the same to the Company. If a compliant is found to be valid the Seller may replace the entire product or a part thereof (depending on the extent of the non-compliance with the description, quantity and quality) within 7 (seven) days of such determination. The decision to replace or refund is at the Seller’s discretion.
In making the determination about the validity of the compliant the Seller should consider the following: damage due to misuse; any item which has been used; any damage/defect which are not covered under the Seller’s warranty (if any); any item that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered; clothes and footwear that are used (other than for trial), altered, washed, soiled or damaged in any way; items for which original tags and packaging is not intact; items that come in branded packaging and the box is damaged or unavailable.
5. Wholesale/ bulk orders
In case the Company receives wholesale or bulk enquiries for the product(s) of the Seller the Company shall notify the Seller and the Seller shall respond to such notification within 1 working day of receipt, with such supporting information as may be reasonably requested by the Company.
The sale and purchase of such wholesale or bulk orders shall be concluded, as the case may be, between the Seller and/ or the Company on the one part and the potential buyer on the other part, outside of the Website.
In consideration of the Company making available the Website for use by the Seller, the Seller agrees to pay the Fees to the Company which shall be collected by the Company by withholding sums received from the purchasers of the products of the Seller.
The Seller understands and acknowledges that all payments for goods sold through the Website are made via the payment gateway provider of the Website and all the payments once received are held in a nodal account maintained with a scheduled commercial bank.
The Company shall deduct the applicable bank processing charges which have to be paid to the bank and then within 3 (three) days of receiving a valid Shipping Confirmation from the Seller (i) transfer its applicable Fees to its bank account; and (ii) the remaining payment amount to the bank account of the Seller provided during the registration on the Website.
The Fees are exclusive of all taxes including any service, sales, use, value added or any other form of transactional tax that may be levied. The Seller is liable to pay all such taxes that may be levied on the Fees. The Seller acknowledges that the Company must receive the entire Fees without any deduction on any account including any such taxes or otherwise.
7. Intellectual Property Rights
The Seller represents and warrants that it has the right to provide the content and information it uploads on the Website.
The Seller undertakes that it will maintain the confidentiality of any information including any User Information that it has access to by virtue of use of the Website. The Seller agrees and undertakes that any information and contents that it has access to will be used solely for the sale and purchase of its goods on the Website.
9. Representations and Warranties; Covenants
The Seller represents and warrants that (a) it has the ownership rights and title or otherwise has the right to sell goods that are posted by it on the Website; (b) it has complied with all laws that might regulate the sale of goods that are sold by it through the Website; (c) the sale of its goods on the Website does not violate the provisions of any applicable law; (d) it shall promptly notify the Company if it becomes aware that any transaction it has undertaken or attempted to undertake on the Website violates applicable law.
The Company does not make any representations as to the accuracy, veracity or completeness of the information on the Website. All access to the Website is provided on an “as-is” basis.
The Company does not in any manner represent or warrant that the Website will be available at all times or that it will operate error free or that there will be uninterrupted access and service.
The Website is a meeting place between sellers and buyers (including potential buyers). Accordingly, the Seller understands and agrees that it uses the Website at its own discretion and based on its own judgment.
The Company does not represent or warrant that it has screened or verified the antecedents of any of the users of the Website or that it has verified any of the information provided on the Website.
The Company does not represent or warrant that integrity of the information on the Website or information that Seller may upload will be maintained nor does it warrant that the Website or any content is free from viruses or other malware.
The Company does not represent or warrant that there will be any responses to the postings of the Seller.
Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and services, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.
12. Limitation of Liability
In no event shall the Company be liable for any loss of profits (anticipated or real), loss of revenues, loss of business, loss of data, loss of reputation, loss of goodwill, loss of employment, any business interruption or any indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
13. Term and Termination
14. General Provisions