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X ShoeKonnect Seller Web - Terms and Conditions

RECITALS

Shoekonnect carries on the business inter alia, of the business of sales promotions, marketing, fulfilment services, and collection services. Shoekonnect owns a platform which is an online market place, where users can place order/(s) on various products/articles listed by Sellers to fulfil the same. Shoekonnect's role is limited to managing a Platform (defined below) in which the products/Articles are displayed and other incidental services are provided to enable the transactions between the Sellers and the Buyers.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

Definitions:

  • "Buyer" shall mean a user of the Platform who places an Order on the Seller listed on the Platform for products or services.
  • "Seller" as per section 2(13) of sales of goods act 1930, means a person who sells or agrees to sell products/articles
  • "Order" shall mean a binding purchase order placed by a Buyer on the Seller through for supply of products or services.
  • "Platform" can be a website of Shoekonnect or Mobile App as per needs means 'www.Shoekonnect.com' and instances of the same
  • "Seller Panel" means a uniform resource locator ("URL") provided by Shoekonnect to Seller with a unique login and password to update the order status, price and inventory on the same.
  • "Buying Team" is the sourcing team of Shoekonnect supporting the sellers to list and sell their products through ShoeKonnect.

1. Order process & management

  • Shoekonnect reserves the right to select the products to be displayed on its Platform. Shoekonnect also reserves the right to determine the Sellers who may sell on the Platform.
  • Shoekonnect shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides an access to Platform, marketing and distribution channel to the Seller. In the event payments are collected by Shoekonnect on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.
  • Seller shall and is bound to abide by the duration of the Pre-defined lead time (The "Number of working days" taken by the manufacturer to complete the order and deliver from the time or day, the seller receives the order) which will be predefined by the seller for a specific Article/Product before it gets updated on the platform.
  • Seller is bound to complete the order of a specific article/product in less than or at the Predefined Lead time of that specific article/product.
  • Shoekonnect shall provide the necessary backend infrastructure, like call centre, order management system, etc., for capturing The Buyer/order details placed on the products/articles listed by sellers. Orders placed by Buyer will be forwarded to the concerned Seller for packaging and Dispatch of product/articles. Shoekonnect will separately inform the Seller regarding the modalities involved to access the Orders of Buyers either through the "Seller Panel" or the "Buying Team" of Shoekonnect and packaging guidelines shall be shared through email or any other mode of communication.
  • Seller shall provide content & images of its products to be displayed at Platform. Seller will update the dispatch details on the Seller Panel provided by Shoekonnect or the buying team will take the details & images of the product in person or any other mode as may be notified by Shoekonnect from time to time.
  • On receipt of the Order, Seller will make the products ready for dispatch along with corresponding invoices in favour of buyer within the predefined lead time (This time will be pre decided between the seller and Shoekonnect). In case, the seller is unable the order within the pre-defined lead time the seller shall inform ShoeKonnect upon which ShoeKonnect will offer a Threshold Period, the duration of which will be decided by ShoeKonnect on the basis of order quantity and other considerations. In case the seller fails to honour the order even within the "Threshold Period", Shoekonnect reserves the right to source the order of that particular article/product or articles/products from a different seller.
  • Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Shoekonnect from time to time. Seller also undertakes that it shall not sell/ promote its products, services, offers, Packages, etc. to the Buyer directly, indirectly and /or through email, sms or any other electronic or physical mode.
  • Shoekonnect shall inform the sellers if their specific article/product(s) is facing regular demand in order to stock that product in their respective warehouse or factory premises. The seller is expected to abide by all these information regarding market trends and demand by Shoekonnect.

2. FINANCIAL TERMS

  • The Seller agrees and acknowledges to pay the Shoekonnect's commission (which includes marketing fees, payment collection fees and fulfilment fee) as mentioned in standard format attached herewith in Annexure-1 for all the orders received through Shoekonnect.
  • Seller shall quote best, lowest and competitive prices (exclusive of all taxes) of the products to be displayed on the Platform, Buyer will be responsible for payment of all applicable sales tax/VAT etc. Seller authorizes Shoekonnect in the capacity of marketing agent to discover and display the price of their products/articles (which includes Shoekonnect's commission) payable by the Buyer. Basis the competitive pricing prevalent in the market, seller shall be communicated of the competitive market wholesale price and shall abide by that price as may be discovered or displayed by the Shoekonnect from time to time.
  • However, Seller will have full right to withdraw the products from Platform, if it dissents with price discovered by Shoekonnect and has notified the same to Shoekonnect. All such withdrawals will take effect within 12-24 hours from notification to the Shoekonnect. Shoekonnect further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Platform, the participation in these benefits/discounts schemes shall be on seller's discretion.
  • Shoekonnect offers the buyers to deal through two modes of payment - COD (Cash on Delivery), Online Payment System and DD.

3. Commercial Terms

  • Both parties agree that margins to be reviewed, upon mutual agreement after every 3 months period.
  • Seller agrees to supply goods along with Tax Invoice.
  • Wherever applicable, C forms would be issued on a quarterly basis, C forms for a quarter would be issued within the completion of the subsequent quarter; Buyer will raise the C forms only on the date of Invoicing by the seller within that respective quarter.

    Shoekonnect on behalf of the buyer will be transferring the c-form to the seller as when required and if in case the buyer refuses or Shoekonnect could not raise the C-form the difference of the tax will be borne by Shoekonnect and not by the seller.

  • C-Forms would be issued on the net purchase value only, which would be the difference between invoice value & debit note raise (if any). Unless mentioned "against C form" in the invoices, Shoekonnect would NOT issue C forms for the CST exempted sales invoices.
  • The product's/Article's warranty (where ever applicable) period will start from the date of dispatch by the seller.
  • Seller agrees that Shoekonnect, at its sole discretion, can add new warehouse (These warehouses will be the sole property of ShoeKonnect and shall be used for stocking the goods- in- transit) locations or change its existing warehouse locations based on its business requirements. Shoekonnect shall be communicating such changes to the supplier from time to time.
  • Seller agrees that Shoekonnect further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Platform and these incentives, offers and discounts, the participation will be on sellers discretion.
  • There are certain tax expenses to be paid to the government, following are the details for who will bear the following tax burden-:
  • Who will pay the "Sale Tax/Vat"? Buyer
    Who will pay the "Central Excise"? Buyer
    Who will pay the "Customs Tariff"? Buyer
    Who will pay the "Octroi"? Seller/Manufacturer

4. LOGISTICS AND CONSUMER RIGHTS:

  • The ownership of the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. As a B2B market place, Shoekonnect will extend its services to Sellers by giving mandates to logistic partner for facilitating the smooth functioning of the bulk goods transaction between the Seller and Buyer and ensure that the mandate of keeping the goods insured lies with the respective sellers through back-to-back arrangements. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller. However, any damage to the product in transit due to mishandling by the logistic partner, Shoekonnect will facilitate the recovery from logistic partner.
  • The Seller hereby agrees to accept and honour all the orders, irrespective of mode of payment i.e. COD (Cash on Delivery) or Non COD (Non- Cash on Delivery), if the products/articles of the seller are live on the platform and there is no prior notice from the seller's end regarding 'Out of Stock' or 'Unavailability' of their products/articles.
  • The seller hereby agrees to accept all the Sale Returns, COD (Cash on Delivery) or Non COD (Non- Cash on Delivery), as per guidelines and terms mentioned in Annexure-1. Seller will offer standard manufacturers or seller warranty actually associated with the products/Articles which will be made visible/live on the platform. However, the Parties agree that repair, replacement or 100% (one hundred per cent) refund of money will be given to the Buyer against manufacturing defect or damage due to in appropriate packing, Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the Buyer with the product at the time of dispatch of the products, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of buyer complaints will rest solely with the Seller at all times.

5. INTELLECTUAL PROPERTY RIGHTS

  • Seller recognizes and confirms that Shoekonnect has the exclusive right to supervise, allow and reject the contents of the Platform. Shoekonnect shall not be liable for contents and images shared, uploaded or displayed on platform by Seller regarding its products and all consequent liability will be borne by Seller only.
  • Seller hereby grants to Shoekonnect the right to display/delist the product (as updated or to be updated by the Seller on the Seller panel or Shoekonnect on behalf of seller at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Platform . Seller represents that it has the necessary rights to grant such permission to Shoekonnect and agrees to indemnify Shoekonnect in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.
  • Except as agreed to by the seller, the data of Buyers will be the exclusive property of Shoekonnect, and Seller will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of Shoekonnect's platform "www.shoekonnect.com" or any other information which is treated as confidential by Shoekonnect' and any other information received or to be received by Seller which is agreed to be treated under the same terms. The Seller also undertakes to fully indemnify Shoekonnect against the breach of this clause.
  • Seller would follow all the laws related to intellectual property rights and shall not violate any intellectual property right of any other party in relation with the trade marks, designs, patents, copyright etc. If there is any breach in the intellectual property rights of any third party or any act performed in contravention to intellectual property laws, the seller shall be solely responsible.
  • If the products being offered by Supplier is a third party owned brand, the Supplier shall obtain and arrange for an 'NOC' from the relevant manufacturer/owner/brand for selling and distributing the products through the Shoekonnect's platform. The format of the third party NOC is annexed as Annexure 2.

6. REPRESENTAION AND WARRANTIES

  • Seller shall, at all times and to the complete satisfaction of Shoekonnect and without demur indemnify and hold Shoekonnect harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against Shoekonnect by the Buyer or any third party arising out of Seller's actions or omissions in connection with the sale of Seller's products and their performance during the period of this agreement and for the products sold, even after the termination of this agreement.
  • Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.

  • Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured and/or procured from the legitimate channel following all legal requirements.
  • Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible. The Declaration of Seller is annexed herewith as Annexure-2.

7. MISCELLANEOUS

  • If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a panel of 3 (three) arbitrators. Each Party will appoint 1 (one) arbitrator and the 2 (two) arbitrators so appointed will appoint the third or the presiding arbitrator. The seat of Arbitration shall be at at Agra (Uttar Pradesh), India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
  • (18 b) All disputes, differences between the parties hereto shall be under the jurisdiction of District Court of Agra.

  • This agreement may be terminated by Shoekonnect or the Seller by giving 30 (thirty) days' notice in writing. Provided, in the event of a material breach of the terms of this Agreement, Shoekonnect may terminate this Agreement at any time.
  • Both parties agree for followings: -
  • 1. Assignment : This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of the other Party.

    2. Notices: All notices, requests and demands, and other communications required or permitted under this agreement shall be in writing and either delivered personally or sent to the official address of the Party through recognized courier service or e-mail. Party may change its address by delivering notice of such change of address to the other Party.

    3. Severability: In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the Parties. In such event, the remaining terms and conditions of this agreement will remain in full force and effect and enforceable.

    IN WITNESS WHEREOF the Parties hereto have entered into this Agreement the day and year herein above written.

Annexure 1 Shoekonnect commission
  • 1.The seller agrees to pay Shoekonnect a commission of 5-15% (which will vary as per seasons or trends or products) on each transaction of their specific products/article through Shoekonnect platform irrespective of the transaction value or any other parameter involved in the transaction.

  • The commission charged on the order of each product/article will be informed to the seller before the product gets live at regular time intervals.

  • The commission charged (5% -15%) above is on the account of three major services which Shoekonnect as a B2B Market place is providing to the users being a facilitator of trade. And they are the following-:

  • a.) Marketing Fee:- 2.5 % ( excluding the service tax) b.) Payment Collection Fee:-2.5% - 4.5% (excluding the service tax) c.) Fulfilment Fee( QC, Pre & Post sale services):- 5% -8% (excluding the service tax)

  • (The shipping charges will be borne by the Buyers as the agreement says in the previous points. The shipping will vary depending upon the order size (Measurement of the cartons) and the geographical location of the buyer and seller)

A general Example is given below: -

Prices / Commissions(Rs.) Amount (Rs.)
Price to be listed on ShoeKonnect** Rs. 500
Deductions:
Shoekonnect's Commission @ 10% (Marketplace Fee) on the price listed on the platform

  • i.) Marketing Fee - 2.5%
  • ii.) Payment Collection Fee - 2.5%
  • iii.) Fulfilment Fee - 5%


  • (Varies across products & prices)
(Less) Rs. 50
(10% of 500)
Final Amount Credited to Seller's account
(Settlement Value) *
Rs. 450

* i.) Price on ShoeKonnect includes the Tax and Commission charged by ShoeKonnect
ii.) Settlement Value includes taxes

Shoekonnect Return Policy
  • The seller hereby agrees to, Replace: the consignment of specific product/article(s) as applicable
  • Or
  • Refund: 100% refund of money will be given to the buyer by the seller as what buyer demands
  • If 50% or more of the consignment is rejected by the buyer due to manufacturing defect if lies in the warranty period specified by the seller for that specific product/article and if the buyer notifies about the specified warrant period
  • Or
  • if 50% or more of the consignment is rejected by the buyer due to manufacturing defect if the warranty is not applicable on that specific article/product and if the buyer notifies about the same in two or less than 2 days from accepting the delivery of the order
  • Or
  • If 50% or more of the consignment is rejected by the buyer in case of Damage due to inappropriate packing at the delivery time, if the buyer notifies about the same in two or less than 2 days from accepting the delivery of the order
Sr.No Particulars Shipping charges Reverse pick up charges Payment Collection Charge Shoekonnect Fulfilment fee
1. ** Direct Shipment Returns due to wrong product/article or wrong size or colour or damage due to improper packaging. Borne by Seller Borne by Seller Borne by Seller Borne by Seller
2. ** Direct Shipment Returns due to Manufacturing defect.

(If the Product/Article is in warranty period)
Borne by Seller Borne by Seller Borne by Seller Borne by Seller
3. ** If replacement happens in case of point 1. & 2. , Instead of refund** NA NA NA NA
4. ** Post shipment returns/ Buyer Non-acceptance due to any other reason mentioned in point 1. & 2. Borne by ShoeKonnect Borne by ShoeKonnect Borne by ShoeKonnect Borne by ShoeKonnect
5. ** Cancellations due to delay in shipments or Out of Stock related issue

(If the Product/Article goes in Out of stock while the execution of order)
NA NA Borne by Seller Borne by Seller
  • 1. The Warranty period of the Product/Article will be decided before the product/article gets live on the platform by the seller itself.

  • 2. In case of Point 1. The policy is only applicable if the buyer notifies ShoeKonnect about the issue in two days or less than 2 days after getting the order delivery.

  • 3. In case of Point 1;

    (i) If the seller fails to abide by the packaging guidelines as provided by ShoeKonnect and consequently damage occurs due to the same, only then the policy mentioned will be applicable.

    (ii) If the damage occurs during the transit of the consignment. Shoekonnect will recover the amount from the logistics partner and hence the policy mentioned will not be applicable to the seller.

  • 4. In case of Point 2. If the product/article is not under any warranties, the policy is only applicable if the buyer notifies ShoeKonnect about the issue in two or less than 2 days after getting the order delivery.

  • 5. Seller hereby agrees to accept all the Sale Returns, COD (Cash on Delivery) or Non COD (Non- Cash on Delivery), as per guidelines and terms mentioned in the above table.

  • 6. If in the case of point 3.) In the above table Refund happens instead of replacement. The Payment collection Charges will be borne by the Seller.

  • In case of Returns/Cancellations, due to reasons other than those mentioned above, Seller will not be liable to take back the respective consignment or face any refund due to the same.

Annexure-2 Third Party Product Owner's NOC (To be Mandatory Procured by the Seller Herein) To Whomsoever It May Concern
  • The Seller hereby declares and confirms that it has the requisite permission to deal in the products represented through the brands

    It has procured the authentic, original and genuine products from legitimate channels and has the right to enter this agreement with BizCrum Info Tech Pvt. Ltd. allowing it and or its agents and marketing partners, to arrange the display with an objective to sell and distribute the products to end consumers. The seller hereby declares and confirms that in the fulfilment of its obligations under this agreement, it will not infringe any intellectual property rights of Shoekonnect or any other third Party.