Sellers Terms

The following terms (“Seller Terms of Use”) govern the access, viewing or use by you (hereinafter referred to as the “Seller”) of (hereinafter referred to as the “Website”).

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").

By accepting the terms herein, or by accessing, viewing or using the Website, You agree to be bound by these Seller Terms of Use and they constitute your binding legal obligations towards the Company.

The Seller Terms of Use may be modified (including suspension, cancellation, discontinuance of any feature of the Website) at any time by the Company by posting the changes on the Website and the Seller agrees that it shall be the Seller’s responsibility to ascertain the changes to the Seller Terms of Use by visiting the Website. Any modified terms shall be applicable to the Seller without need for any further consent, unless the Seller has in writing, within 7 (seven) days of the change being notified on the Website, intimated the Company that the Seller does not wish to accept the modification(s). Upon a refusal to accept modification(s) to these Seller Terms of Use, the Company may, at its sole and absolute, discretion decide to terminate these Seller Terms of Use as applicable to the Seller.

1. Definitions

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.

Privacy Policy shall mean the privacy policy available at .

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.

Terms of Use shall mean the terms of use contained in the Website which apply to any user of the Website.

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 agrees that its obligations under these Seller Terms of Use are also binding on the Seller User. The Seller shall be responsible and liable for ensuring a Seller User’s compliance with the Seller Terms of Use, including all their acts or omissions.

Without prejudice to anything contained herein, the Company may, if required to protect its interest under these Seller Terms of Use or its Intellectual Property Rights, enforce the terms of these Seller Terms of Use against the Seller and Seller User either jointly or severally. Any obligations of the Company under these Seller Terms of Use are to the Seller alone and the provisions of these Seller Terms of Use are not intended for the benefit of any third party including any Seller User.

3.Prohibited Uses

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.

6. Payment

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

All Intellectual Property Rights in the Website and the contents and functionalities vest solely with the Company or its third party licensors. Save for the limited license provided in these Seller Terms of Use, the Seller is not granted any other right to use any of the Intellectual Property Rights of the Company.

The Seller represents and warrants that it has the right to provide the content and information it uploads on the Website.

8. Confidentiality

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.

The Seller understands and agrees that all information that it posts on the Website will be available in the public domain. The Seller waives any right to assert any confidentiality requirements or Intellectual Property Rights on the postings or other content it may upload on the Website. The Seller has read, understood and agreed to the Privacy Policy. To the extent required the Seller grants the Company all the required rights on a non-exclusive basis to display the Seller’s name and logo 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.

10. Disclaimers

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.

11. Indemnity

The Seller shall indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless, from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with (i) the Seller’s breach of any of the provisions of these Seller Terms of Use or the Seller’s use of the Website; (ii) any third party claims for a breach of their Intellectual Property Rights occasioned by any content uploaded by or on behalf of the Seller or any acts of the Seller; (iii) the products buyers have purchased; or (iv) any tax, duties assessed, incurred or required to be collected or paid for any reason in connection with the Seller’s use and access of the Website and in connection with the consummation of any transaction on or in relation to the Website.

12. Limitation of Liability

The aggregate liability of the Company, whether in contract, tort or otherwise, howsoever arising out of or in connection with these Seller Terms of Use or otherwise in connection with the Seller’s use of the Website, shall not exceed the Fee due and payable to the Company at such point in time.

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

These Seller Terms of Use shall be in full force and effect unless terminated in accordance with the terms hereof.

The Company may terminate these Seller Terms of Use for any reason with 30 days’ notice, provided that, in the event that the Company is of the opinion that the Seller has breached any provisions of these Seller Terms of Use or the Terms of Use, it can at its sole discretion either suspend access to the Website or terminate the Seller Terms of Use immediately without notice.

The Seller may terminate these Seller Terms of Use for convenience with 30 days’ notice to the Company.

On the termination of the Seller Terms of Use the information of a Seller will be removed from the Website at the later of, (i) the Seller’s request for such removal; and (ii) 60 (sixty) days of the receipt of the last Shipping Confirmation from the Seller. Provided however, all usage data and information of the Seller including details of all transaction undertaken by the Seller on the Website may be retained by the Company.

Upon termination or expiry of these Seller Terms of Use (without regard to the reason from the same), the following Clauses hereof shall survive 1, 4, 6, 7, 8, 10, 11, 12, 13.5 and 14.

14. General Provisions

Terms of Use: The Terms of Use shall form a part of these Seller Terms of Use and shall bind the Seller in the use of the Website. The Terms of Use shall be in addition to the terms of these Seller Terms of Use. In the event of any conflict between the Seller Terms of Use and the Terms of Use, the terms of these Seller Terms of Use shall prevail.

Entire Agreement/ Waiver. These Seller Terms of Use represents the entire understanding and agreement of the parties regarding the subject matter hereof and supersedes all prior agreements and understandings relating to the subject matter of these Seller Terms of Use. No waiver of any provision of these Seller Terms of Use shall be binding unless executed in writing by the party making the waiver. No waiver of any of the provisions of these Seller Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.

Independent Contractors: The parties agree that they are contracting on non-exclusive, principal to principal basis and no joint venture, partnership, employment, or agency relationship exists between Company and the Seller as a result of these Seller Terms of Use.

Assignment: Neither party may assign or otherwise transfer these Seller Terms of Use except with the prior written consent of the other party. Provided however, that the Company may assign these Seller Terms of Use to any purchaser or successor of its business.

Force Majeure: The Company shall not have any liability under or be deemed to be in breach of these Seller Terms of Use for any delays or failures in performance of these Seller Terms of Use which result from circumstances beyond its control.

Severability. If any provision of these Seller Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.

Choice of Law. These Seller Terms of Use will be governed by and construed under the laws of the Republic of India with the parties agreeing to the sole and exclusive jurisdiction of competent courts at Mumbai.

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