The vendor agreement is executed with Firstdial limited at Delhi by and between : Fdlkart.com Limited a company registered under company Act 2013 & having its registered office at Rohini Delhi (herein after referred to as Fdlkart.com including all its successor and permitted assigns); and Fdlkart.com Limited an Individual firm, company engaged in the business of creating, developing, and maintaining various online portal including, Firstdial flagship portal FDLKART.COM for providing content information to its customer.
The vendor is engaged in the business to sell its product online and he/she is a supplier/manufacturer/distributor/others.
Vendor has approached fdlkart and is desirous of entering into an agreement with Fdlkart.com, for the purpose of selling various kinds of products, goods and material more specifically details under Annexue A attached herto on access Channel/ Online store/offline platform.
Agreement shall means this agreement including any schedules
Confidential Information: shall mean any and all information / documents exchanged by FDLKART.COM with the Vendor under the terms of this Agreement or incidentally thereto, and shall not be limited to but include documents, details, manuals, accounts, business plans, quarterly analysis reports, on-line information Web-site, data development materials and the delivery material and updates communication network, electronic commerce support services and other allied services, dedicated ports, End-user database, financial information, data feed, formula and pricing information and all other documents, or any other information of FDLKART.COM, whether disclosed to the Vendor via oral, graphic, written, electronic or machine readable form, all intellectual Property including but not limited to copyright, trademark, trade name, brand name, service marks, etc., instant agreement and other proprietary information.
1. FDLKART.COM's Obligations :
a. Fdlkart.com shall on best effort basis, provide an online/offline platform for display / sale / promotion of the Vendor's Products, In accordance with Vendors requirement, on "AS IS " basis on FDLKART.COM's online/offline Platform.
b. Fdlkart.com shall offer its on-line Platform to vendor to facilitate the Vendor to receive orders and for Vendors products displayed online/off line.
c. Fdlkart.com shall arrange facility of payment gateway and other available payment options to the Customers for collecting payments on behalf of the Vendor.
d. Fdlkart.com will pass the details of the order placed by a customer to the Vendor.
e. Fdlkart.com shall route all customer cases (complaints/requests etc) through its online panel.
f. Fdlkart.com shall not be liable to the vendor for any cost, loss or expense incurred by the supplier
2. Vendor's Obligations : a. Vendor shall be solely responsible to deliver/dispatch the products within 2 to 3 days working days from date of receipt of Order from Fdlkart.com. (In case Fdlkart.com has opted to deliver goods through its own logistics partner, then turnaround time will be 10 days for dispatch : In case Vendor delivers goods through their logistics partner, the turnaround time applicable is for delivery to end customer). In case, Vendor fails to deliver/dispatch the product in whole within the specified time, all orders will stand automatically terminated by Fdlkart.com and Fdlkart.com shall not be liable to make any payments to the vendor for such terminated orders. ("SLA")
b. The details of the products which the Vendor seeks to display for sale on Fdlkart.com's shopping platform is Annexed as Annexure A.
c. Vendor shall provide the details of stock / Inventory/current offers of all Products listed in Annexure A, on day to day basis, in the electronic / other form prescribed by Fdlkart.com (from time to time), so that only those products are listed whose stock is available with Vendor.
e. Vendor agrees and undertakes that the Products dispatched/delivered by Vendor are accompanied with invoice, delivery challans, guarantee/warranty card, instruction manuals, free materials, etc. Including all other relevant documents as required under statutory and governmental regulations in India and Internationally, on case to case basis. Vendor agrees to provide actual proof of dispatch and other related documents, to Fdlkart.com, as sought by Fdlkart.com.
f. Vendor shall ensure that products are dispatched /delivered with packaging slip generated from Fdlkart.com online panel/platform for each order.
g. Vendor will be solely responsible to settle within specified TAT, all and any issues with the Customer in coordination with Fdlkart.com, to the satisfaction of Fdlkart.com as well as the Customer.
h. Vendor will be solely responsible for the payment of all the applicable taxes, including but not limited to all sales tax, service tax, octroi and other levies as required on the web-site selling price of the products, sold through its (Vendor's) store on Fdlkart.com's website. Vendor shall also pay the other statutory levies Iike TDS,
Service Tax on commission, applicable as per the laws and rules of the land and to the account of Vendor.
i. In case, any complaint, with respect to the product of the Vendor is received from a customer, including late/partial/ non delivery, quality of the product, defective product, etc., Vendor shall be liable to give compensation / 100% free replacement /refund for dishonouring of commitments, made by using Fdlkart.com's online Platform. The amount of compensation, if any and / refund will be borne from the account of the Vendor. Therefore, the payment due to the Vendor by Fdlkart.com will be reduced by the said amount.
j. The approved version of final creatives along with complete product description (sales package detail, warranty information, attributes, freebies etc.) for the products to be uploaded for sale on the online/offline platform of Fdlkart.com shall be provided by the vendor at least 4 working days in advance before uploading / publishing and should confirm to the description given therein.
k. It shall be the sole responsibility of the Vendor to ensure that the products offered for sale/sold through Fdlkart.com's On-line/offline Platform do not infringe upon the intellectual property rights, trade secret, trade name or other proprietary rights or rights of publicity or privacy rights of third parties, etc.
l. The vendor agrees that they will not share any personal information like name, address etc of the end customer with any third party under any circumstances without prior consent of Fdlkart.com.
m. Vendor and Fdlkart.com shall mutually decide the day/s of publication of Readers offer and the offer/s of the product to be published through the Readers offer at Fdlkart.com's online/offline (print) platform.
n. The vendor must upload or submit the copy of the actual bill, warranty or guarantee cards of branded products on fdlkart.com
Invoicing & Statutory Dues: The Merchant will raise an invoice in relation to the Products ordered by a Buyer directly on the Buyer. All
statutory taxes/ dues in relation to the sale of Products shall be borne by the Merchant.
RTO/Returned Products: The Merchant hereby agrees to accept all returns of the Products which are refused/not delivered/not accepted by
the Buyer at the time of delivery in accordance with the Terms and Conditions.
Term: Unless terminated earlier as per the provisions of the Terms and Conditions, [and/or the Agreement], this Contract Form shall be valid
for a period of 1 (One) year from the Effective Date ("Term"). Upon completion of the Term, this Contract Form shall automatically renew
for additional term of 1 (One) year period unless terminated by the Merchant or Getit in accordance with the Terms and Conditions.
Limitation of Liability: The Company shall not be liable for any direct or indirect loss or damage suffered and cost and expenses incurred by the Merchant.
Assignment: The Merchant shall not assign, in whole or in part, the benefits or obligations under the Terms and Conditions and this Contract Form, without the prior written permission of the Company.
It is hereby agreed between the Parties that in the event a Product cannot be delivered/ dispatched to a Customer for reasons attributable to the Seller, then HS18 will be entitled to commission and other charges on the Product as per agreed rates, provided the order placed by a Customer was accepted on the basis of Product inventory status made available by the Seller. However, if Products are returned solely due to non-acceptance of delivery by a Customer, then Fdlkart will be entitled to receive any commission on the Product.
The company will charge a transaction fee (commission charge related product under the category in which it's come as per given in the commission table). Fixed closing charge of Rs. 10 will also charges on each & every order. The service tax and VAT charges will also applicable on bill amount.
|Products||Commision (%)||commision (%)|
|Men & WomenFootwear||15|
|Babies Health Care||15|
|Beauty Care & Make up||15||10|
|Men & Women Watches||15||10|
|Perfumes & Deo||15||10|
|Hair & care||15||10|
|Women & Men Belts||15||10|
|Baby cap & Hats||5||5|
|Babies bottles & covers||5||5|
|Baby & Kid Footwear||5||5|
Delivery Charges: The shipping will applicable according to the product weight. As per the charges given below in shipping charges table:-
Example of charges deduction:-
Product Price= Rs. 100
Commission Charges= Rs.15 (15% according to product commission set)
Shipping Charges= Rs. 45 (according weight of the product)
Fixed closing Charges= Rs. 10
Total Amount= Rs. 170
Service Tax= Rs.22.95 (13.5% as per gov. law)
VAT Charges= Rs. 8.5 (5% as per gov. law)
Final Amount= Rs. 202
Return/ Reverse: If the customer request for return product because of any reason after deduction of charges the company will apply external shipping charge for reverse product on each and every return. Self Delivery: The customer has also opinion of self delivery of orders to buyer. In case of self delivery company will only charge all the charges except shipping charges. The payment is to deposited advance to fdlkart.com to proceed further for order completion.
Payment of vendor: All the payment shall be due & payable to the merchant upon delivery of the product to the buyer & satisfaction of the buyer with product (successful transaction/ Self delivery advance payment) subject to the completion of a successful transaction or the payment received in advance in case of self delivery the payment shall be remitted into the merchant's bank account with a period of 15 days from the date of delivery of the product to the customer. The payment is submitted to account after deducting all the applicable charges. (Transaction fee, commission, taxes, shipping charges. Shipping will not be charge in case of self delivery.
The shipping will be deducted if the order will be canceled during the process after dispatch/delivery. If the order not yet dispatched then shipping will not be deducted.
All the applicable charges may be changed in between period of contract between both the party and it should be agreed by merchant. It will be told in advance with prior notice. If the merchant want to leave the portal or to close the agreement he or she as to tell before 20 day with prior notice given in written. Immediate closing will chare Rs. 1000 and order in processing money will not be given to merchant. Order notification will be given to the registered mail-id.
Sales Notification: sales notification will be given to the registered mail-id and if merchants want to sell some product in individual sale they may request for it and told to fdlkart to before 15 day of sales fixed date.
Packaging material:- The packaging material will be of merchants only. Only fdlkart tape is provided to merchant who is compulsory for merchant to do tapping on packed product.