Company owns “YOUR HOME FACTORY” located at the following URL:www.yourhomefactory.com, Registered name is “Logaassaa” and has many registered users to whom Company offer various services.
Vendor “who agree with the T&C to register their brand with yourhomefactory to sell products” is desirous of setting up an online store on the Website and has offered to sell its products through the said online store; Company has agreed to create the said online store upon according to the terms and conditions agreed between the parties herein.”
In the definitions clause itself, that is, ‘”Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Online Store and more particularly described in the attached “Form”.’
“NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:”
- “CONSIDERATION CLAUSE”:-
- The Company shall have the right to collect the Payment on behalf of the Vendor in respect of the Orders received through the Online Store. The Company shall charge the commission rate per product on sale price quoted by the vendor in consideration of the services rendered by the Company under the Agreement. Also, the company will add the delivery charges to the customers at the rate charged by delivery partners.
- The Company shall pay the Vendor an amount recovered from the customer minus the sum of delivery charges, service charges in respect of approved order(s) through the Online Store.
- In the event an order is reversed due to Quality Issue, Damaged Products, Wrong Item delivered or the Item Not delivered, Vendor agrees that the Company shall levy the Service charges and the product price shall be deducted from the amount due and payable to Vendor.
- “TERM & CONDITIONS OF YHF” :
- The Vendor holds the required license, if any, as per the law to sell their products on Your Home Factory.
- Vendor agrees that the product MRP including the company service charges do not exceed the MRP of the product sold via any other medium online.
- Product to be delivered in the best containers and packed well to avoid spills or damage.
- Courier box is mandatory for shipping purpose.
- Vendor needs to download the package invoice and delivery label from the site dashboard. Package Invoice to be added inside the courier box and delivery label needs to be stickered on the courier box. Or else the package will not be eligible for pickup.
- Package Labelling guidelines to be followed as per the Law.
- Mandatory patch test notice should be added in the packaging for bath & beauty products.
- Payment to “Vendor” will be done on monthly basis via agreed mode of payment.
- Once the order is placed on the site, the vendor has to confirm the order and dispatch within 2-3 days.
- In case the vendor will not be able to fulfil the order within set period, the necessary update needs to be made on the dashboard or intimated to YHF vendor service team on priority.
- To sell the product on YHF site the vendor has to provide necessary details
- Name of Your Home-brand
- Name of the owner
- Bank Details
- Details of your home brand ( establishment , USP, etc)
- List of product names
- Details of each product – Product Name, Minimum 3 photographs of each product, Price, Quantity (eg.200gm, 30ml), dimensions (accessories and gift items ) , Benefits, Expiry Days after dispatch, Allergy Warnings, Ingredients, Suitable for ( Dry skin, oily skin, All skin type ), Ingredients, Storage ( Cool, dry ), How to use, Number of days required to dispatch, etc.
- After the vendor has submitted the required details the company will verify the same only after which the Registration will be confirmed & products will be eligible to sell on www.yourhomefactory.com
- In case the customer/user raise complain on receiving the damaged product, the company will make sure to investigate the same. If the product is damaged during the shipping period the vendor is not liable for any losses.
- “OBLIGATIONS OF THE VENDOR”:-
“The Vendor Shall”
- Through the interface provided by the Company on the creation of Vendor’s Online Store, the Vendor shall upload the product images, description, delivery timelines, disclaimer, price, and such other details for the products displayed and offered for sale through the said online store.
- Vendor shall ensure not to upload any description, image, graphic, text that is unlawful, objectionable, and obscene, opposed to public policy, vulgar, or is in violation of intellectual property rights of any third party.
- The vendor shall only upload the product description and image for the product which is offered for sale through the Online Store and for which the said Online Store is created.
- The vendor shall provide a correct, full, true description and accurate of the product to enable the customers to make an informed decision.
- Vendors shall be solely responsible for the quantity, quality, merchantability, guarantee and warranties in respect of the products offered for sale through their online store.
- On receipt of the approved order, the Vendor shall dispatch and deliver the products within a period of 2-3 working days.
- “COMPANY RESERVES THE RIGHT”:-
Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to:
- Block or delete any image(s), text, graphic uploaded on the online store by the Vendor without any prior intimation to the Vendor in the event the said image(s), text or graphic is found to violate any law, breach of any of the terms of the Agreement, terms and conditions of the Website. In such an event, the Company shall without any prior intimation or liability to the Vendor have the right to forthwith remove the online store of the Vendor.
- Discontinue or terminate the said service to the Customer or the End user as the case may be, without having any liability to refund the amount to the Vendor to forthwith block, remove or close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal or Statutory Authorities or under a Court order if the Company is of the belief that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement.”
“THE COMPANY NOT LIABLE”:-
- The Company shall not be held liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under the Agreement or as a result of the Products being in any way defective, damaged, in an unfit condition, violating or infringing any laws, intellectual, regulations, property rights of any third party.
- The Vendor shall be solely liable for any damages, claims or allegation arising out of the Products offered for sale through its online store but in case the product is damaged while shipment, vendor is not responsible for the same. The company will investigate and take the necessary action.
- The Company shall not be liable for any damages or claims arising out of any misrepresentation, negligence, or misconduct by the Vendor or any of its representatives.”
- The company shall not be liable in case the vendor fails maintain any legal requirements.
- “INTELLECTUAL PROPERTY RIGHTS”:- “It is expressly agreed between the Parties that each Party shall retain all interest, right, and title in their respective trademarks and logos (“Intellectual Property”) and that nothing contained in the Agreement, nor the use of the Intellectual Property on the advertising, publicity, promotional or other material in relation to the Services shall be construed as giving to any Party any interest, right, and title of any nature whatsoever to any of the other Party’s Intellectual Property.”
- “ENTIRE AGREEMENT”:- “The Agreement contains the entire and final agreement and understanding between the Parties and is the complete and exclusive statement of its terms. The Agreement supersedes all prior agreement and negotiations, whether oral or written, in connection therewith.”
- “LIMITATION OF LIABILITY”:- Except in case of breach of contract, under no circumstances, will either party be liable to the other party for lost profits, or for any incidental, indirect, consequential, exemplary or special damages arising from the subject matter of the Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.”