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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:
1. Order process & management
2. FINANCIAL TERMS
3. Commercial Terms
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.
|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:
5. INTELLECTUAL PROPERTY RIGHTS
6. REPRESENTAION AND WARRANTIES
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 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.
(18 b) All disputes, differences between the parties hereto shall be under the jurisdiction of District Court of Agra.
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.
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
||(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
|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.
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.