Seller Agreement

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Festivedeal Business Services Agreement with Seller (Page-1)

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCT SELLING THROUGH A PARTICULAR FESTIVEDEAL ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND FESTIVEDEAL. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES FOR EACH SERVICE YOU REGISTER FOR NOW OR IN FUTURE OR USE IN CONNECTION WITH THE FESTIVEDEAL SITE.

As used in this Agreement, "we," "us," and "Festivedeal" means the Festivedeal Company named in the applicable Service Terms. Festivedeal at some place can be reference as “FD” in short. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies. The terms “SELLER” will be used to represent Vendor / Supplier as “You”, who are registered to sell product or services on Festivedeal Site (www.festivedeal.com).

This agreement is to ensure that all the process is followed as per the local law of the city, country and by notices issued by the authorized govt. governing bodies.  This is also to avoid fraud, cheating, manipulation, and other illegal practices. The agreement is necessary to build customers trust and to protect their interest at the same time to safeguard Festivedeal reputation, brand and trust. Though, this would be the mutual interest for both parties.  

This Seller agreement should prevail for all registered Seller. The changes in terms and conditions shall also need to follow by the SELLER.

       1. Register as SELLER

To begin the enrollment process, you must complete the registration process to sell Product or Services on festivedeal.com. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Country may not allow minors to use the Services). A person registered here from India should be adult above age 18+ years at the time of registration as SELLER. As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Festivedeal Privacy Policy.

      2. Service Fee Payments; Receipt of Sales Proceeds

You are responsible for all of your expenses in connection with this Agreement. For Service Festivedeal Fee details refer to our section – “S-4 Festivedeal Seller Fees” & “S-5 Remittance of Sales Proceeds and Refunds” below, and “Seller-Pricing” Page on Festivedeal Site.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to festivedeal or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Festivedeal or third parties (like customer etc.) persist.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Festivedeal or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable Program Policies, may result in their forfeiture.

In case of either one or all reason; like - wrong, damage, used, rusted, expired, or product that is not mentioned on Festivedeal Site, then in that case SELLER should bound to take product return and to provide either replacement or refund, if the request from the customer is sent within stipulated time period of return (Refer to our return policy for this). The cost of Product, shipping, packaging and other delivery cost in this situation will have to be borne by SELLER. Though in case of Digital product, the SLLER will have to provide the working copy again to the Customer in case customer found the product to be either not working or it has a defect. 

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason; or (ii) if we permit a customer to withdraw from a transaction because Festivedeal Site or Service is unavailable following the commencement of a transaction.

       3. Term and Termination.

The term of this Agreement will start on the date of your complete registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via email, or sending a letter to our office address. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or  illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Festivedeal’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination

       4. Intellectual Property License

You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other Festivedeal product or service, and to sublicense the foregoing rights to our Affiliates and operators of Festivedeal Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Festivedeal Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under India copyright law, referential use under trademark law, or valid license from a third party).

       5. Representations as Entity or as Individual

Each party represents and warrants that: (i) As an individual, or (ii) As an Entity; As (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the Indian Government  and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.

       6. Indemnification

6.1 Your indemnification obligations. You will defend, indemnify, and hold harmless Festivedeal, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, fulfillment, refund, cancellation, return, or adjustments thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Festivedeal), or property damage related thereto; (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations you have made.

6.2 Festivedeal’s indemnification obligations. Festivedeal will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) Festivedeal’s non-compliance with applicable Laws; or (b) allegations that the operation of Festivedeal store infringes or misappropriates that third party’s intellectual property rights.

6.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

7. Disclaimer & General Use Information

a. THE FESTIVEDEAL SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE FESTIVEDEAL SITES, THE SERVICES, AND SELLER CENTRAL AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION 5 ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FESTIVEDEAL SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

b. BECAUSE FESTIVEDEAL IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES FESTIVEDEAL (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

       8. Limitation of Liability

We WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF FESTIVEDEAL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO FESTIVEDEAL IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

       9. Insurance and Safety

You give assurance that you will not be selling or delivering those products on Festivedeal site either knowingly or unknowingly which are hazardous, risk to human health, dangerous to consume (Like Poison) or can lead to human or protected animal to death. In case, if this happens you will be sole responsible for it and you will have to bear the personal and financial loss. In this regard the local law will prevail to prosecute. Festivedeal will do investigation from their side and will hand over to the authorized investigation team. Further this will lead to your termination of your registration. You also insure that you sell brand new product (Not used product) to our customer. Product should not be damaged, rusted, expired (or to expire in nearby time), or which is not in a condition to ship. You also ensure you ship correct product which you displayed on the Festivedeal Site. You ensure that the display of the product is done with all required information so that customer can understand and can judge correctly about the product that he will get when he/she buy. The display of the product should be accurate with clear photo displayed on Festivedeal Site.

     10. Tax Obligations Understanding

As between the parties, you will be responsible for the payment, collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) Festivedeal automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) Festivedeal expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by Festivedeal and used by you. You agree to and will comply with our Tax Policies. All fees and payments payable by you to Festivedeal under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying Festivedeal any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.

     11. Confidentiality and Personal Data Usage & Protection

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain Festivedeal's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission, but you may use our name to some extent to promote your product sold at Festivedeal Site. The use of Festivedeal name should not be used to defame us or to put us in situations which are illegal.

Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must keep customer personal data confidential, protected at all times (the above 5 years’ term limit does not apply to customer personal data). Customer’s data can only be used to a minimum extent required to deal/transact with/for that customer only for the request/Service raised by Customer using Festivedeal Site.

     12. Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

     13. Our Relationship

Subject to the Transaction Processing Service Terms, you and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Festivedeal, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

     14. Suggestions, Feedback and Other Information

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Festivedeal Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.

      15. Modification and Update

15.1. We will provide at least 15 days’ advance notice in accordance with Section 18 for changes to the Agreement.

15.2 However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 18.

15.3 Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.

     16. Use of Your Festivedeal Credential (User ID & Password) and Protection

Any credential we provide to you may be used only during the Term to access Festivedeal Seller Site (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your user ID and password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password. You should also not share your password to Festivedeal Team.

     17. Export and Transmit

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity as per applicable government authority.

     18. Governing Law and Jurisdiction

The Indian Laws will govern this Agreement and any dispute in this regard will be taken up within the Jurisdiction court.

 

Definitions

As used in this Agreement, the following terms have the following meanings:

  • "Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
  • "Festivedeal Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than a Festivedeal Site, through which any Festivedeal Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.
  • "Festivedeal Site" means www.festivedeal.com.
  • "Confidential Information" means information relating to us, to the Services, or Festivedeal customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services; data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.
  • "Content" means copyrightable works under applicable Law and content protected by database rights under applicable Law.
  • "Excluded Products" means the items described on the applicable Pricing Page under Seller Page or on Our Terms and Conditions or any other information made available to you by Festivedeal.
  • "Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
  • "Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a Central, state, or district level, as applicable) of competent jurisdiction.
  • "Optional Coverage Plans" means warranties, extended service plans and related offerings, in each case as determined by us, that you offer.
  • "Order Information" means, with respect to any of Your Products ordered through Festivedeal Site, the order information and shipping information that we provide or make available to you.
  • "Person" means any individual, corporation, partnership, limited liability Company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
  • "Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and handling, gift wrap and other charges; (b) taxes and customs duties to the extent specified in the applicable Tax Policies; and (c) in the case of invoiced orders, any amounts that customers fail to pay to us or our Affiliates on or before the applicable invoice due date.
  • "Service" means each of the following services: Selling on Festivedeal, Fulfillment by Festivedeal, the Selling Partner APIs, together in each case with any related services and materials we make available.
  • "Service Terms" means the service terms applicable to each Service, which are made part of this Agreement upon the date you elect to register for or use the applicable Service, and any subsequent modifications we make to those terms.
  • "Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.
  • "Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.
  • "Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Festivedeal or its Affiliates.
  • "Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.
  • "Your Product" means any product or service (including Optional Coverage Plans) that you: (a) have offered through the Selling on Festivedeal; (b) have made available for advertising through the Festivedeal Advertising Service; or (c) have fulfilled or otherwise processed through the Fulfillment by Festivedeal Service.
  • "Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.
  • "Your Taxes" means any and all sales, goods and services, use, excise, premium, import, export, value added, consumption, and other taxes, regulatory fees, levies (specifically including environmental levies, education taxes), or charges and duties assessed, incurred, or required to be collected or paid for any reason (a) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services; (b) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c) otherwise in connection with any action, inaction, or omission of you or your Affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors, or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange.
  • "Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.
  • "Your Transaction" means any sale of Your Product(s) through Festivedeal Site or other Festivedeal Channel.

 

Selling on Festivedeal Service Terms

The Selling on Festivedeal is a Service that allows you to offer certain products and services directly on the Festivedeal Sites.

These Selling on Festivedeal Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Festivedeal. BY REGISTERING FOR OR USING THE SELLING ON FESTIVEDEAL SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE SELLING ON FESTIVEDEAL SERVICE TERMS. 

S-1 Your Product, Information, Listings, Order Processing and Shipping

S-1.1 Products and Product Information (Text & Image both): You will provide accurate and complete Required Product Information for each product or service that you offer through Festivedeal Site and promptly update that information as necessary to ensure it at all times remains updated, accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on Festivedeal Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Excluded Products on Festivedeal Sites; or provide any URL Marks for use, or request that any URL Marks be used, on Festivedeal Site. If you offer a product for sale on Festivedeal Site that requires a warning under Health & Safety you (a) will provide us with such warning in the manner specified in our Program Policies, (b) agree that our display of a Proposition Warning on a product detail page is confirmation of our receipt of that warning, and (c) will only revise or remove a Proposition Warning for a product when the prior warning is no longer legally required. d) Should not be selling a product on Festivedeal Site which is dangerous to human and protected Animal, such as Poison, Pesticides etc.

S-1.2 Product Listing; Merchandising; Order Processing: We will enable you to list Your Products on a Festivedeal Site, and conduct merchandising and promote Your Products in accordance with the Agreement (including via the Festivedeal Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Festivedeal Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and Festivedeal may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the applicable Festivedeal Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Selling on Festivedeal Service Terms. We may permit certain customers to place invoiced orders for Your Products, in which case remittance of Sales Proceeds may be delayed according to each customer’s invoicing terms. You will accept and fulfill invoiced orders in the same manner as you accept and fulfill non-invoiced orders, except as otherwise provided in this Agreement.

S-1.3 Shipping and Handling Charges. For Your Products ordered by customers on or through Festivedeal Site that are not fulfilled using Fulfillment by Festivedeal, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any category-based shipping and handling charges we determine, such as for products offered by sellers on the Individual selling plan). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling.

S-2 Sale and Fulfillment; Cancellations, Refunds and Returns

S-2.1 Sale and Fulfillment: Other than as described in the Fulfillment by Festivedeal Service Terms for Festivedeal Site for which you decide to register or use the Selling on Festivedeal Service, you will: (a) source, offer, sell and fulfill your Seller-Fulfilled Products, and source and, offer and sell your Festivedeal -Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the applicable Festivedeal Site at the time of the order and be solely responsible for and bear all risk for those activities; (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements and ship each of Your Products on or before its Expected Ship Date; (c) retrieve Order Information at least once each business day; (d) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable Festivedeal Site at the time of the applicable order or as may be required under this Agreement; (e) fulfill Your Products throughout the Country (India); (except to the extent prohibited by Law or this Agreement); (f) provide to Festivedeal information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) ensure that you are the seller of each of Your Products; (i) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products; (j) identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or fulfillment of Your Products. If any of Your Products are fulfilled using Fulfillment by Festivedeal, the Fulfillment by Festivedeal Service Terms for the applicable Festivedeal Site will apply to the storage, fulfillment, and delivery of such Festivedeal -Fulfilled Products.

S-2.2 Cancellations, Returns, and Refunds: The Festivedeal Refund Policies for the Festivedeal Site will apply to Your Products. For any of Your Products fulfilled using Fulfillment by Festivedeal, you will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Festivedeal Refund Policies for the applicable Festivedeal Site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with Your Transactions through Festivedeal. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay. Refer to our “Terms & Conditions” and “Return Policy” Page on Festivedeal Site.

S-3 Issues with Your Products:

S-3.1 Delivery Errors and Nonconformities; Recalls: You are responsible for any non-performance, non-delivery, missed-delivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by: (a) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using Fulfillment by Festivedeal, if any, the Fulfillment by Festivedeal Service Terms for the applicable Festivedeal Site will apply to non-delivery, missed-delivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products. You are also responsible for any non-conformity or defect in, any public or private recall of; or safety alert of any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls, or safety alerts of Your Products or other products provided in connection with Your Products.

S-3.2 Guarantee and Chargebacks: If we inform you that we have received or initiated a claim under the "Guarantee" offered on Festivedeal Site or other dispute relating to the offer, sale or fulfillment of Your Products (other than a chargeback), concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (a) will not take recourse against the customer, and (b) are responsible for reimbursing us in accordance with the Vendor Service Fees under “Pricing” section within Seller Home Page, for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds, to the extent payable by us.

S-4 Festivedeal Seller Fees

You will pay us: (a) the Store commission Fee on your product selling price ; (b) Operating Cost, (c), Shipping charges, if shipping done by Festivedeal, (d) Transaction Fees on your total selling price (i.e., the overall cost the customer paid at Festivedeal Site), (e) any other applicable fees described in this Agreement (including any applicable Program Policies); (f) the Referral Fees, in case if any; (g) Festivedeal Seller Registration Fee and (h) any taxes that Festivedeal automatically calculates, collects and remits to a tax authority according to applicable law of local Govt. Policies. Refer to our Seller Pricing Page.

"Festivedeal Seller Registration Fee" means the fee to register as Seller to Sell Product or Services on Festivedeal Site. This fee will be applicable at the time of Seller Registration approval. Currently this Registration Fees is not applicable for the new joiner. A nominal fee of INR 999.00 per annum will be levied after 2 years based on the total volume of sale is greater than INR 500000. If your volume of sale remains below INR 500000 per annum, even after 2 years of Registration than in that case you will not be required to pay Registration Fee and will continue to be FREE.       

S-5 Remittance of Sales Proceeds and Refunds

Except as otherwise stated in this Agreement, we will remit to you your available balance on a bi-weekly (14 day) (or at our option, more frequent) basis after product is delivered to customer successfully. The amount will be remitted next day only after completing 96 hours from the date product got delivered to customer with no issue. Based on your sale history and customer feedback we may remit after 48 hours from the date of successfully delivery to customer. A Seller in diamond category will fall under this option by default. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you as of the applicable Remittance Calculation Date (which you will accept as payment in full for Your Transactions), less: (a) the store commission Fee; (b) Operating Cost, (c), Shipping charges, if shipping done by Festivedeal, (d) Transaction Fees, (e) any other applicable fees described in this Agreement (including any applicable Program Policies); (f) the Referral Fees, in case if any; (g) Selling on Festivedeal Registration Fee and (h) any taxes that Festivedeal automatically calculates, collects and remits to a tax authority according to applicable law of local Govt. Policies. When you either initially provide or later change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14 days. If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us (or our Affiliate), on the next available Remittance Calculation Date we will refund to you the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund (including refunded taxes and customs duties), less the Refund Administration Fee for each of Your Products refunded that is not a Digital Product, which amount we may retain as an administrative fee; provided, however, that in the case of a complete refund of Sales Proceeds for a Media Product, we will refund to you the full amount of any Variable Closing Fee paid by you to us (and in the case of a partial refund of Sales Proceeds for a Media Product, we will not refund to you any portion of any transaction or operating cost Fee paid by you to us). We will remit any amounts to be refunded by us pursuant to this subsection from time to time together with the next remittance to be made by us to you. 

 Net Sales Proceeds from non-invoiced orders will be credited to your available balance when they are received by us or our Affiliates. Sales Proceeds from invoiced orders will be credited to your available balance: (a) if you have elected in advance to pay a fee to accelerate remittance of Sales Proceeds from invoiced orders, on the day all of Your Products included in an invoiced orders are shipped; or (b) otherwise, no later than the seventh day following the date that an invoiced order becomes due.

Payment will NOT be done in case order get cancelled or refund request raised (cancellation & refund request can be raised by customer only before product get shipped to customer) during stipulated time period by customer as mentioned in our Return Policy. In case of product replacement required due to the reason mentioned in section “S-7 Guarantee to Safe Guard Customer Money from Fraud / Cheating” below, the payment (remit) will be kept on hold till the replacement is done successfully to the customer.  Refer to our Return Policies.

S-6 Festivedeal Websites and Services

Festivedeal has the right to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any product or listing in the Festivedeal Stores, and all aspects of each Service, including your use of the same. Festivedeal may assign any of these rights or delegate any of its responsibilities.

S-7 Guarantee to Safe Guard Customer Money from Fraud / Cheating

Festivedeal requires your full guarantee and assurance that you will sell brand new (i.e., unused product), product all the time to customer. The product should not be shipped as damaged, rusted, expired, or used to customer. The product should not have nearby expiry date and it should be fresh, good quality and authenticate. Wrong product should not be shipped to customer and the display of the product should be clear with correct information on Festivedeal Site. The Festivedeal Customer Order should match (Like in terms of color, size, quantity, design, print, etc) with the product you ship to the customer. You will be sole responsible for your product in all case and all replacement has to be accepted as per this. Accuracy of the product shipment and proper packaging of the product will be the sole responsible of the SELLER under Seller Fulfillment Services. In case of Festivedeal Fulfillment Services, we will be responsible to send correct product with proper packaging. Though Product related issues still be the responsibility of the SELLER.

In case if the Product has not been shipped as per the above criteria, or any other reason which naturally looks to be the responsibility of SELLER, the SELLER will be responsible to give 100% refund of money or to replace the product as per customer satisfaction. All charges (including Product, Shipping, Packaging or tax etc.) in this regard will have to be borne by SELLER itself and Festivedeal will have full right to deduct such amount from SELLER account in case if payment is not made by SELLER. 

This guarantee is must to be given to Festivedeal Customer by SELLER.

Festivedeal recommend selling quality product that is worth of money for customer to purchase.

Selling on Festivedeal Definitions

  • "Your Transaction" is defined in the General Terms of this Agreement; however, as used in these selling on Festivedeal Service Terms, it means any and all such transactions through selling on Festivedeal only.
  • "Festivedeal-Fulfilled Products" means any of Your Products that are fulfilled using the Fulfillment by Festivedeal Service.
  • "Seller-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by Festivedeal Service.
  • "Festivedeal Return Policies" means the return policies published on Festivedeal Site and applicable to products and services offered Via Festivedeal Site.
  • "Shipment Information" means, with respect to any of Your Products, the estimated or promised shipment and delivery date.
  • "Expected Ship Date" means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that Festivedeal designates as requiring shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.
  • "Digital Product" means any book, magazine or other publication, sound recording, video recording, and/or other media product in any format, including any subscription, in each case excluding any software product, computer game, and/or video game.
  • "Media Product" means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, or other media product in any format, including any related subscription, offered through a Festivedeal Site.
  • "Purchase Price" means the total amount payable or paid for Your Product (including taxes and shipping and handling charges only to the extent specified.
  • "Remittance Calculation Date" is the date that is two (2) business days prior to the date of remittance (the "Remittance Calculation Date").

 

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