Use of the Platform and the features therein is governed by the following terms and conditions including applicable policies available on the Platform, notifications and communications sent to seller, which is incorporated herein by way of reference. To transact on the Platform, seller shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform seller shall be contracting with Athleto India LLP (hereinafter referred to as “ATHLETO”), and these terms and conditions including the policies constitute your binding obligations to ATHLETO.
To begin the enrolment process, seller must complete the registration process. As part of the application, you must provide us with your (or your business's) legal name, address, phone number, e-mail address and applicable tax registration details. We may at any time cease providing any or all the Services at our sole discretion and without notice.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. ATHLETO reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to ATHLETO’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the TOU and you have the authority to bind the business entity to the TOU.
Your Account and Registration Obligations:
During use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the TOU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
Communications:When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email, telephonically or any other mode of communication, electronic or otherwise.
PAYMENT TERMS/PRODUCT PRICING AND COMMISSION SETTLEMENT :
Seller shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
Seller’s continued use of Seller Panel (including updated information in Seller Panel, listing of Products, inventory etc.) and healthkart.com (including selling price and MRP and product specifications) selling price shall be deemed as acceptance of such modifications/amendments/ revisions.
It shall be the Seller’s responsibility to review the emails/notifications/by ATHLETO Ecommerce from time to time.Seller may provide a discount / offer on the Products. That seller may revise the selling price of the product by way of telephonic or e-mail or and/or any other mode of communication. The Selling Price of the Products offered for sale by the Seller on the Platform shall be in accordance with applicable laws, rules and regulations (i.e. either equal to, or less than, the maximum retail price of that Product). The maximum retail price, along with other statutory declarations, shall be mentioned on each product and/or on its packaging in accordance with applicable laws.
Every week payment shall be made to the sellers after deducting market place commission, other dues and applicable taxes for the delivered orders and no payment shall be pending for product delivered beyond 14 days of delivery.
Payout reports shall be made available to the vendors every week for the payment made during the week and any queries thereof shall be raised within 72 hours of getting the reports.
Seller shall provide No dues certificate on quarterly basis. Seller acceptance of payout made by ATHLETO and continuity of further business shall be deemed as acceptance of market place commission deducted on all transactions made during the period.
ATHLETO shall have the right to amend the market place Fees percentage applicable to any Product as provided in the Commercial Term Segment, with notice of the same to Seller by way of an email or telephonic conversation and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the ATHLETO market place Fees.
The Selling Price in respect of a Product purchased by a buyer shall be received in full by ATHLETO Ecommerce either through the online system, i.e., the payment gateway offered by ATHLETO Ecommerce on the Platform, or by way of cash on delivery.
Seller will be responsible for payment of all applicable taxes including sales tax and VAT. Seller agrees and acknowledges that Seller will pay ATHLETO Marketplace fee.
For any market place Fees deducted, ATHLETO shall release the TDS amount to the Seller within 30 days after receiving accurate TDS certificate. TDS deposit is explicit responsibility of Seller to government on time as per Income Tax Act, 1961.
Seller agrees that ATHLETO Ecommerce shall, always have the right and option to deduct/adjust any payments due to, or from, Seller in one transaction, against any payments due to, or from, Seller in other or previous transactions.
TRANSFER OF OWNERSHIP OF PRODUCT, LOGISTICS AND CONSUMER RIGHTS:
Seller hereby agrees to accept all sales return (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.
Seller will offer standard manufacturers or seller’s warranty actually associated with the Products. However, the Seller agrees that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against any manufacturing defect or damage reported by the Buyer. Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the Product at the time of dispatch of the Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer’s complaints will rest solely with Seller at all times.
Seller undertakes to accept all the return shipments irrespective of condition of the shipment and any dispute with respect to the condition of the shipment shall be settled only after acceptance of the shipment by Seller. If the shipment is not accepted by Seller, no dispute related to returns shall be entertained by ATHLETO Ecommerce.
Seller undertakes to put return shipment queries with business team by email within 72 hours of receiving of shipments failing which such queries of Seller shall not be considered by ATHLETO Ecommerce.
In case of receipt of damaged product, Seller undertakes to send 360 degree photos within 72 hours of receiving such product, no claims shall be entertained against queries made after 72 hour.
Customer Dispute resolution:
Provided herein is the list of the disputes that may arise during the order fulfillment process for which Seller will be accountable.
Seller should not get involved in any collusion activity with the customer. If Seller is caught indulging in such malpractices, ATHLETO Ecommerce may take legal action and levy penalties as deemed suitable by ATHLETO.
Seller should settle all disputes related to operations with customer directly. Only payment will be done through ATHLETO Ecommerce for utilizing ATHLETO services.
Customer Dispute resolution:
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to email@example.com
ATHLETO INDIA LLP