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Term & Conditions

 

Vendor/ Seller - Terms and Conditions

This electronic record is generated by a computer system and does not require any physical or digital signatures.  Your acceptance will bound you in this agreement.  

These Terms & Conditions form part of the Vendor/ Seller Agreement entered into between the Bright Ecomshop Solutions India Private Limited, a company incorporated under the Companies Act ("Company") and you, the Vendor/ Seller. The Terms are incorporated in the Vendor/ Seller Agreement by way of reference and constitutes part of the binding Vendor/ Seller Agreement executed between the Company and the Vendor/ Seller.

1. DEFINITIONS & REPRESENTATIONS:

“We”, “us”, “our”- These terms will represent “Bright Ecomshop Solutions India Pvt. Ltd.” hereinafter.

“You”, “user” – Seller, Vendor.

“Seller”- Any individual or company or partnership who are using our platform to sell their products. Services etc. to buyer’s/ customers.

“Vendor”- Any distributor, manufacturer or supplier who are using our platform for distributing, supplying or manufacturing to buyer’s/ customers.

Buyer/Customer/Visitor- Any individual, company, partnership, business entity etc. who has purchased /used any products, materials, services or any of the other things which are available on our platform is buyer or customer. Any individual, company, business entity or partnership who is accessing, browsing, surfing the website is visitor.

Agreement: Means terms and conditions contained herein for using Website & terms & conditions of privacy policy issued from time to time by us. All combined shall form part of this agreement even after they are amended, notated, supplemented, replaced, deleted, & updated subsequently.

Website: Website means WWW.ETPS.IN

Transaction: Means a monetary transaction of sale between the Seller/Vendor for selling/purchasing of products/services and/or pre-booking of available time slot with the help of Bright Ecomshop Solutions India Pvt. Ltd.

2. BACKGROUNDS:

The company (Bright Ecomshop Solutions India Pvt. Ltd.) through it’s domain name engaged in drop shipping services. We operate as a mediator between buyers/ customers/ users and seller/vendor for display, advertising, warehousing and sale of wide-ranging products by various Vendor/ Sellers to the customers and provides related services to the Vendor/ Sellers and to the Customers / users of the Portal on behalf of the Vendor/ Sellers(as Vendor/ Seller) service provider). We shall act as Vendor’s / Seller’s service provider for providing various services in relation to purchase & sale of its Products/services as agreed under the Vendor/ Seller Agreement.

3. GENERAL CONDITIONS:

  • Agreement is concluded for an indefinite period of time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact / agreement on the website through which the service is provided, without express written permission by us.
  • This terms & Conditions shall be binding on both the parties. We reserve our right to amend the terms and conditions from time to time depending upon the circumstances.

4. OBLIGATIONS OF THE VENDOR/ SELLER

The Vendor/ Seller shall (either itself or through its Suppliers) be responsible for all warranty and after- sales services relating to the Products as per its standard product warranty and maintenance contracts and shall keep the Company fully indemnified in this regard.

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain past/historical information. Past/Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products/goods are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7.PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the color and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

9. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) For any unlawful purpose.

(b) To solicit others to perform or participate in any unlawful acts.

(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) To submit false or misleading information.

(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

(h) To collect or track the personal information of others.

(i) To spam, phish, pharm, pretext, spider, crawl, or scrape.

(j) For any obscene or immoral purpose.

(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bright Ecomshop Solutions India Pvt. Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. STORAGE

We guarantee optimal conditions for storing the goods. We have huge capacity to store goods/Products. We have a climatic chamber ( temperature & Humidity Control)  and room for goods that undergo strict control. We have taken all measures for keeping the goods safe. 

However it is your the duty and obligation to inform us in advance about any specific requirement you need for storage. If you fail to inform in advance about the specific requirement, we shall not be responsible and/ or liable for any mis-happening.

13. INDEMNIFICATION

You agree to indemnify, defend and hold Bright Ecomshop Solutions India Pvt. Ltd. harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. BLOCKING SELLER/VENDOR/ BY BRIGHT ECOMMSHOP SOLUTIONS PVT. LTD.

Bright Bright Ecomshop Solutions India Pvt. Ltd.  is authorized to block the Seller/Vendor account/web store in the case of a breach of any of the obligations set out in these General Terms and Conditions.

Also Bright Bright Ecomshop Solutions India Pvt. Ltd. is authorized  in particular in the event of a breach of one of the obligations set out in Sections 7, 11 and 12 of Contract Act.

Section 7 of Indian Contract Act- Acceptance of agreement/ contract must be absolute.

Section 11 of Indian Contract Act “ Who are competent to contract.—Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject. —Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject."

Section 12 of Indian Contract Act

A sound mind for the purposes of contracting— A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. —A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests." A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.

In addition, blocking the account/web store is permitted if the Seller/Vendor has provided false personal details, company details, bank details or credit card information. Also if the seller/ vendor has committed any fraud/ cheating or any such criminal, civil offence or tort, then also we reserve our right to block Seller/Vendor.

It will be no longer possible for the seller/vendor to use the web store if blocked by us. All rights of use granted to the Seller/ Vendor by us lapse at such point in time.

15. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

16. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. WITHDRAWAL

Seller/trader needs to give one month prior request if he want to withdraw principal amount partially or fully

In the case of:

  • Withdrawal before 180 days – 25% of the total amount from account shall be deducted (20% for Non-Business Activities Fees plus 5% admin charges) suo moto.
  • Withdrawal after 180 days- 10% of the total amount from account shall be deducted from your profit income (5% for Non-Business Activities plus 5 % admin charges) suo moto.

Whereas, we are not bound to notify or communicate with you for above said deduction. The said deduction shall be suo moto without any prior notification. However, you can clarify your queries from us at any time. This deduction is fixed and we reserve our right to claim this amount of deduction if not released.

19. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. INTELLECTUAL PROPERTY RIGHTS

The Company shall own all rights in any intellectual property created by the Company under these Terms & Conditions, including material, designs, graphics created and / or developed by the Company.

Subject to the provision of contained herein, the Company owns and shall exclusively own all rights (including all intellectual property rights), title and interest in respect of the Portal / Website.

21. GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. In case of any dispute the jurisdiction shall be Delhi, India.

22. DISPUTE RESOLUTION

Any dispute which arises between Parties shall be attempted to be resolved by good faith discussions between Parties in Delhi only. Where the Parties are unable to resolve such disputes by good faith discussions within a period of thirty (30) business days from the date of a written notice by either Party notifying existence of such dispute, either Party shall be free to refer the dispute to arbitration in accordance with this Section. This Agreement and the rights and obligations of the Parties shall remain in full force and effect pending the award in such arbitration proceeding.

The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 (as applicable in India) for the time being in force, and/or any statutory modification or re-enactment thereof. The place and seat of arbitration shall be Delhi and the language of the arbitration shall be English. You and us mutually agreed and decided that the sole arbitrator shall be solely appointed by the us(company) herein. The award rendered shall be in writing and shall set out the facts of the dispute and the reasons for the arbitrator’s decision. The award shall apportion the costs of arbitration as arbitrator deems fair.

Notwithstanding anything contained in this Agreement, both Parties agree and acknowledges that the covenants and obligations with respect to the matters covered by this Agreement and set forth herein relate to special, unique and extraordinary matters, and that a violation of any of the terms of such covenants and obligations will cause irreparable loss and injury to the aggrieved Party. Therefore, notwithstanding the provisions of this Agreement.

23. FORCE MAJEURE

Nobody shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without it fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, pandemic, covid-19, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.

24. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at 205, Modi tower, New Delhi, India.

Mail id : [email protected]