India's Largest Printing Marketplace
Seller Agreement
  • THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (IT ACT) AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
  • THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS TO OR USAGE OF WWW.BOHOCRAFT.IN WEBSITE.
  • PLEASE READ THESE TERMS CAREFULLY BEFORE LISTING ANY PRODUCT ON THE WEBSITE (PRODUCT). THESE TERMS OF Use ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, AND ALL OTHER POLICIES ON THIS WEBSITE.
  • The website www.bohocraft.in (Website) is owned by Bohemian Village Crafts LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, with its registered office at 91/B-201, Deep Mandir, Tilak Nagar, Chembur, Mumbai 400089, Maharashtra, India (Company). For the purpose of these Terms of Use (Terms), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller (Seller) by providing registration data while electronically registering on the Website. The word ‘user’ shall collectively imply the Seller, a buyer of Products (Buyer), and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean the Company.
  • Please note that the usage of this Website is governed by these Terms and other terms and policies. By using of the Website the Seller will be entering into a contract with the Company, and these terms and conditions including the policies constitute the obligations binding on the Seller.
  • By virtue of the Seller using any of the services through the Website, the Seller will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into these Terms and considered a part and parcel of these Terms. The Company reserves the right to change, modify, add, or remove portions of these Terms at any time and without any prior written notice to the Seller, at the Company’s sole discretion. The Seller shall review these Terms periodically. The Seller’s continued use of the Website following the posting of changes will mean that the Seller accepts and agrees to the revisions. Subject to the Seller’s compliance with these Terms, the Company hereby grants a personal, non-exclusive, non-transferable, and limited privilege to the Seller to enter and use the Website.
  • By accessing, browsing, or otherwise using or transacting on the Website you impliedly agree with all the terms and conditions under these Terms, so please read these Terms carefully before proceeding on this Website. By impliedly or expressly accepting the Terms, the Seller also accepts and agrees to be bound by the Company’s policies (including but not limited to Privacy Policy), as amended, from time to time.
    Competent to contract
  • Only persons who are competent to contract under the applicable law can use this Website. Persons who are not competent to contract under the applicable laws including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and you have the authority to bind the business entity to these Terms and other applicable policies for using the Website.
    Communications
  • The Seller agrees to receiving communications from us via electronic records periodically or as and when required. The Company may communicate with the Seller by email or any other mode of communication, electronic or otherwise. The Company shall communicate with the Seller on the email and mailing address details in our records. Any communication to such email and/or mailing address shall be deemed to be a valid communication irrespective whether the same is correct / accurate or not or whether the same has subsequently changed and not updated in our records.
    The Seller’s Account and Registration Obligations
  • While using the Website, the Seller shall be responsible for protecting the confidentiality of the Seller’s display name and password and all activities that occur with the use of the Seller’s display name and password. The Seller agrees to provide accurate and correct information while registering and using the Website. In the event the Seller provides any information which is untrue, inaccurate, not current, or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, the Company shall have the right to indefinitely suspend, terminate or block the Seller from accessing the Website.
    Website being a medium
  • The Website is a platform that users utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to or not in a position to control any transaction between users on the Website. The Seller agrees that the Website is only a medium where the Buyer and the Sellers meet, albeit electronically. The Website is a marketplace and not a wholesale or retail store.
  • All commercial/contractual terms are offered by the Sellers and agreed upon between the Sellers and Buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to the Products, the same shall be the responsibility of the Seller. The Company does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Sellers and Buyers.
  • The Company does not and would continue to not make any representations or warranties regarding specifics (such as quality, value, and marketability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • The Company is not responsible for any non-performance or breach of any contract between the Seller and Buyers. The Company cannot and does not guarantee that Buyers concerned will perform transaction(s) concluded on the Website and on the terms agreed on the Website. The Company shall not be obliged to mediate or resolve disputes or disagreements between the Seller and Buyers or in any manner take steps to recover payment from the Buyers in case of default or fraud by the Buyers. The Company shall not be a party to such dispute.
  • The Company does not and would continue to not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. The Seller is advised to independently verify the bona fides of any particular Buyer the Seller chooses to deal with on the Website and use the Seller’s best judgment in that regard.
  • The Company does not at any point in time during a transaction between the Seller and a Buyer on the Website come into or take possession of any of the Products offered by the Seller, gain title to or have any rights or claims over the Products offered by the Seller to the Buyer. The Company may, at additional cost, provide or assist the Seller with support services like warehousing, logistics, order fulfilment, call centre, payment collection and other services connected with the transactions contemplated on the Website.
  • The Website is only a platform/medium that can be utilized by the Seller to reach a larger customer base to sell items or services. The Company will not hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. The Company is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered other than the services provided by the Company as specified in clause 16 above.
  • The Seller shall independently agree upon the manner, terms, and conditions of delivery, payment etc. with the Buyers it transacts with.
  • The Seller hereby represents to the Company that:
    • In case the Seller being a body corporate, it has been duly incorporated and in validly existing under the applicable law;
    • The title of the goods sold by the Seller on through the Website shall be clear and free from all encumbrances;
    • These Terms will constitute legal, valid and binding obligations on the Seller and are enforceable in accordance with its terms;
    • The adherence and the performance by the Seller of these Terms do not and will not:
      • Breach or constitute a default under any law applicable to the Seller; or
      • Result in a breach of, or constitute a default under, any agreement to which the Seller is a party or by which the Seller bound or give any third party a right to terminate or modify, or result in the creation of any lien under, any agreement, license or other instrument;
    • The Seller is able to, and has not admitted its inability to, pay its debts as they mature and neither has suspended making payment on any of its debts nor will it be deemed by a court to be unable to pay its debts under the applicable law, nor in any such case, will it become so in consequence of entering into this Agreement;
    • The Seller, by reason of actual or anticipated financial difficulties, has not commenced, or does not intend to commence, negotiations with one or more of its creditors with a view to rescheduling its indebtedness;
    • Any factual information provided by the Seller (whether or not displayed on the Website) is true, complete and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated and is not misleading in any respect;
    • The Seller has the right to sell the Products to the Buyer on or through the Website;
    • The Buyer shall have and enjoy quiet possession of the Products sold by the Seller through the Website;
    • Products shall be free from any charge or encumbrance in favor of third party;
    • The Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Seller of the Product in the open market; and
    • The Product shall meet the description and specifications as provided on the Website.
  • The Seller hereby covenants with the Company that it shall offer/ display for sale on the Website only genuine and authentic Products. Further, such Products or its packaging shall not be in any manner damaged or pirated.
  • Notwithstanding its reasonable efforts in that behalf, the Company cannot control the information provided by other users which is made available on the Website. The Seller may find other user's information to be offensive, harmful, inaccurate or deceptive, however, in no event shall the Company be made liable for it. The Seller should use caution and practice safe trading when using the Website. The Seller hereby acknowledges that there may be risks in dealing with underage persons or people acting under false pretence.
    • Use of the Website
  • The Seller hereby agrees and understands that the Company merely provides hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. The Company has no control over the third party user generated contents. The Company is merely an intermediary and does not interfere in the transaction between the Buyers and Sellers.
  • The Seller agrees, undertakes and confirms that the use of the Website shall be strictly governed by the following binding principles:
    • The Seller shall not host, display, upload, modify, publish, transmit, update or share any information which:
      • Belongs to another person and over which the Seller has no right;
      • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing under the applicable law;
      • Shall not be false, inaccurate, or misleading;
      • Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
        • harasses or advocates harassment of another person or harms minors in any way;
      • Involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
      • Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
      • Infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
      • Promotes an illegal or unauthorized copy of another person's copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices;
      • Contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
      • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      • Contains videos, photographs or images of another person (with a minor or an adult);
      • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
      • Engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without the Company’s prior written consent. Throughout these Terms, the Company’s prior written consent means a communication coming from the Company’s legal department in response to the Seller’s request and specifically addressing the activities or conduct for which it has sought authorization;
      • Interferes with another’s use and enjoyment of the Website or infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
      • Refers to any website/URL which, at the Company’s sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of these Terms;
      • Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
      • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;
      • Shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
      • Shall not create liability for us or cause us to lose (in whole or part) the services of the Company’s Internet Service Provider or other suppliers;
      • Violates any applicable law for the time being in force.
    • The Seller shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activities.
    • The Seller shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
    • The Seller shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. The Seller shall not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by the Seller) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than the Seller’s own information) provided by the Website.
    • The Seller shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about the Company, its brand name, or domain name used by the Company, including the terms of the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company on the platform or otherwise tarnish or dilute any of the Company’s trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by the Company. The Seller agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems, networks, or any systems or networks connected to the Company.
    • The Seller agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
    • The Seller shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website.
    • The Seller shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/or others.
    • The Seller shall at all times fully comply with the applicable provisions of the IT Act, and the rules thereunder as applicable and amended from time to time and also all applicable laws, rules and regulations including but not limited to International Laws, Foreign Laws, law relating to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies while using the Website. The Seller shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including control laws or regulations for the time being in force.
  • To enable the Company to use the information that the Seller provides to the Company and for the purposes of protecting Seller’s right in such information, the Seller agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights the Seller may have in its information or in any media now known or not currently known with respect to the Seller’s information. The Company shall only use the Seller’s information in accordance with these Terms and the Privacy Policy applicable to the use of the Website.
  • The Seller shall be responsible for providing information relating to the Products proposed to be sold on the Website. In this connection, the Seller undertakes that all such information shall be accurate in all respects. The Seller shall not exaggerate or over emphasize or fabricate the attributes or qualities of such items or services so as to mislead other users on the Website in any manner.
  • The Seller acknowledges that its correspondence or business dealings with or participation in the promotion with advertisers on or through the Website (including payment and delivery of related Products, any other terms, conditions, warranties, or representations associated with such dealings) shall be solely between the Seller and such advertisers. The Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
  • The Seller is aware of a possibility that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that the Seller may be exposed to such material. The Seller is also aware of a possibility that others may obtain personal information about the Seller due to the Seller’s use of the Website and use such information to harass or injure the Seller. The Company neither approves nor supports such unauthorized uses but by using the Website it shall, in no event, be made liable in the above instances. It is the duty of the Seller to be careful about the type of information it selects to publicly disclose or share with others on the Website.
  • The Company shall have all the rights to take necessary action and claim damages that may occur due to the Seller’s involvement/participation in any way, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
  • The Seller shall not engage in advertising or solicitation of other Sellers on the Website to buy or sell any Products, including but not limited to Products related to what is displayed on the Website. The Seller shall not transmit any letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the these Terms to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from the Seller. In order to protect the Company’s users from such advertising or solicitation, the Company reserves the right to restrict the number of messages or emails which a Seller may send to other users in any 24-hour period, which the Company deems appropriate at its sole discretion. The Seller acknowledges the Company’s right at all times to disclose any information (including the source of such information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation, response to a lawful court order or subpoena. In addition, the Company can and is hereby authorised to disclose any information about the Seller to law enforcement or other government officials as the Company, at its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. The Company reserves the right, but have no obligation, to monitor the material posted on the Website. The Company shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the Seller remain solely responsible for the content of the material the Seller posts on the Website and in its private communications. The Seller acknowledges that content as posted on the Website does not necessarily reflect the Company’s views. In no event shall the Company be construed to have assumed any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. The Seller hereby represents and warrants that it has necessary rights to all the content it provides and all information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
    • Selling
  • As a registered Seller, the Seller may list item(s) for sale on the Website in accordance with the policies. The Seller should legally be able to sell the item(s) it lists for sale on the Website. The Seller shall ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. All items must be listed in an appropriate category on the Website and the provision of appropriate details and information about the Products shall be the responsibility of the Seller. All listed items should be kept adequately stocked for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the Product. If the item description does not match the actual condition of the Product, the Seller shall forthwith refund any amount that it may have received from the Buyer. The Seller refrains from listing a single Product in multiple quantities across various categories on the Website. The Company reserves the right to delete such multiple listings of the same Product, if any. The Seller shall comply with the terms of the Sale of Goods Act, 1930.
  • The Seller hereby agrees to specifically indemnify, save, protect and hold harmless at all times the Company and/or any of its officers and representatives hereafter from and against all losses, damages, liability, litigations, claims, demands, actions and costs that may be made or raised or instituted against or incurred or suffered by it as a result of claim raised/instituted/actioned against the Company as a consequence of the Seller breach of any of the terms mentioned in clause 31 above.
    • Products
  • The Seller hereby undertakes that the Products that will be sold through the Website shall be delivered within the Service Level Agreement (“SLA”) and shall not be faulty or defective. Further, the Products shall be exactly those Products which are listed or advertised by the Seller on the Website and purchased by the Buyer and shall meet all the descriptions and specifications as provided on the Website.
  • The Seller hereby acknowledges that in the event of the Seller sells any faulty or defective Product to the Buyer, any claims that the Buyer may have in relation to such faulty or defective Product shall be against the Seller and not the Company. The Seller shall be the ’Manufacturer’ under the Consumer Protection Act, 1986. The Seller shall indemnify and hold harmless the Company for any loss or damage or claim arising out of any faulty or defective Product sold by the Seller to the Buyer, whether the Company has suffered actual loss/damage or not.
    • Fulfilment of Orders
  • The Company encourages speedy shipment of orders placed by buyers. As per the Company’s policy, the maximum SLA by Seller for orders placed by the buyers is 3 working days.
    • Limited Licence
  • The Company grants Seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal licence to use ‘Powered by Bohocraft’ and/or ‘Bohocraft.in’ name and/or logo on Seller’s invoice for transactions concluded- on the Website. Further, the Company grants Seller a limited, non-transferable, non-exclusive, and personal licence to use ‘Bohocraft.in’ name and/or logo on packing material used by Seller for delivery of Products sold on the Website.
  • Logistics
  • ‘Logistic Partner’ shall mean a logistic service provider approved by the Company (Logistic Partner). The Seller is requested to read the following points carefully before booking the consignment with the Logistic Partner:
    • Logistic Partner shall accept documents for shipping from one destination to other. The Seller shall ensure that its consignment must not contain any letter of communication which will infringe the Indian Postal Act 1983. The parcel should not contain anything, which will infringe the applicable law. 'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by any means the Company chooses, including air, road or any other carrier. A 'waybill' shall include any label produced by us under automated systems, air waybill, or consignment note and shall incorporate these Terms. Every shipment is transported on a limited liability basis as provided herein. If the Logistic Partner requires greater protection, the Seller has to insure their respective consignments.
    • Consignments, which are of hazardous nature (chemicals, flammable articles and liquids) expressly prohibited by the RAILWAY/AIRPORT AUTHORITY OR ANY OTHER TRANSPORT AGENCY, shall not be accepted.
    • No cash is to be enclosed in the courier consignment and not to book jewels, textiles, high value gift articles, share certificates and travel documents. The liability of the Company and/or the Logistic Partner in cases of any loss or damage to the consignment shall not exceed Rs. 1,00 /- (Rupees One Hundred only).
    • The value of the Consignment shall be declared and disclosed on the consignment note and shipping label at the time of booking.
    • The Consignment should be properly packed with appropriate packaging material to withstand the handling.
    • If more than one Consignment is booked to the same consignee on different airway bill numbers, it has to be ensured that the full address is written on all the Consignments.
    • All the Consignments appropriately packed before the specified cut-off-time for on time delivery.
    • The Company and/or the Logistics Partner shall not be liable for any loss including but not limited to taxes and duties levied on the Consignment arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
    • Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war, etc.
    • Octroi or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the Seller shall bear the same.
    • The Company and/or Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of the Company and/or Logistic Partner is liable for any such loss or delay or damage, except to the extent mentioned above.
    • The Seller shall ensure that the parcels shall be accompanied by the respective state forms as prescribed by the Govt. of India to meet the requirements of sales tax authorities.
    • The Seller shall indemnify and hold us, harmless for any loss or damage arising out of Seller’s failure to comply with any applicable laws or regulations and/or for the Seller’s breach of the following:
      • Any information provided by the Seller or its representatives being incomplete or inaccurate;
      • The shipment/consignment including its packaging or packing turning out to be faulty or defective or of a sub-standard quality in reasonable view of the Company;
      • The shipment/consignment not being properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
      • Non-compliance with the applicable laws and regulations;
      • The Seller’s not having appropriate authority under law or otherwise to sell the Products on or through the Website;
      • The Buyer not enjoying quiet possession of the Products after completion of the transaction on the Website;
      • The Products not being free from any charge or encumbrance in favor of third party;
      • The Buyer not being entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Seller of the Product; and
      • The Product not meeting the description and specifications as provided on the Website.
    • Dead/dry weights or volumetric weight whichever is higher will be charged and taken while calculating the weights and rates and billed to next higher half or one kg. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be sorted out till final delivery happens to the customer only. No post delivery weight disputes will be taken up by the Company. Volumetric weights are calculated by multiplying the length (in cms) with the breadth (in cms) with the height (in cms) of the Products and the result being divided by 5000
    • All the Consignments which are not documents must accompany all statutory declarations and invoices for speedy regulatory clearances.
    • The Seller has to provide atleast 2 copies of Invoice/declaration to facilitate delivery.
    • Notwithstanding anything contained anywhere or earlier agreed between the parties, any Consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the Consignment was initially booked by the Seller and the Seller shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
    • Logistic Partner will process all the parcels and process it’s through its various branches.
    • It is expressly understood by the parties to the agreement that Logistic Partner is merely a service provider to the Seller.
    • Logistic Partner may provide web based online tracking for all the shipments carried in its network.
    • Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments.
    • Logistic Partner will not take any responsibility of damage to shipments for reverse pickup from customer or customer rejection of shipment at the time of delivery.
  • Please note that in the event the Logistics Partner needs the Seller to comply or agree to be complied with term in variance and/or addition to the above, the Seller shall comply with such varied and/or additional terms, as the case may be. The varied terms shall prevail over the terms mentioned above.
    • Content Posted on the Website
  • All text, graphics, Seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively Content) are third-party generated content and the Company has no control over such third-party generated content as the Company is merely an intermediary for the purposes of these Terms. Except as expressly provided in these Terms, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without the Company’s prior written consent.
  • The Seller may use the information on the Products purposely made available on the Website for downloading provided it:
    • Does not remove any proprietary notice language in all copies of such documents;
    • Use such information only for the Seller’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
    • Makes no modifications to any such information; and
    • Does not make any additional representations or warranties relating to such documents.
  • The Seller shall be responsible for any content posted or transmitted on the Website. Such content will become the Company’s property and the Seller shall grant the Company the worldwide, perpetual and transferable rights in such content. The Company shall be entitled to -- consistent with the Company’s privacy policy as adopted in accordance with applicable law -- use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. The Seller agrees that any content it posts may be used by us -- consistent with the Company’s privacy policy and rules of conduct on the Website as mentioned herein
    • Privacy
  • The Seller’s information is collected and stored on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. The Company’s privacy policy is available on. If the Seller has any objection to its information being transferred or used in this manner, the Seller shall not use or cease to use the Website.
  • The Company and its affiliates may share / sell / transfer / license / covey some or all of its personal information with another business entity should it (or the Company’s assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever.
    • Payment Gateway
  • Transactions, transaction price and all commercial terms such as delivery, dispatch of Products are as per principal to principal bipartite contractual obligations between the Sellers and Buyers and the payment facility is merely used by the Sellers and Buyers to facilitate the completion of transactions. Use of the payment facility shall not render the Company liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Products and/or services listed on the Website.
  • The Seller hereby specifically authorises the Company or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through Cash on Delivery (CoD) to and from Buyers in respect of transactions through payment facility. The Seller hereby agrees and acknowledges that its relationship with the Company is on a principal to principal basis and that the Company is an independent contractor for all purposes and does not have control whatsoever of or liability for the Products that are listed on the Website and paid for by using the payment facility. The Company does not guarantee the identity of any user nor does it ensure that a Buyer or a Seller will complete a transaction. There is neither any due diligence/FYC undertaken whatsoever nor is the Company required under the applicable law to carry out such due diligence/KYC on the user before the user is allowed to use the Website.
  • The Seller agrees and acknowledges that the payment facility provided by the Company is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through CoD, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway network. Further, by providing payment facility, the Company neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
    • Payment Facility for Sellers
  • The Seller shall be required to dispatch the Products for every transaction to the Buyer within the time period as provided in the policies to ensure that the Products are delivered in a timely manner. Further, the Seller shall be solely responsible for undertaking transit insurance for Products sold on the Website. It is hereby clarified and agreed by the Seller that the Company is merely a facilitator so far logistic services are concerned and logistic services are provided by the Logistic Partner. Further, as and when the goods are shipped through such Logistic Partner, the Seller shall enter into a bi-partite contract with the Logistic Partner and the Company shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between Seller and Logistic Partner.
  • The Seller shall provide dispatch details to the Company in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
  • The Seller shall dispatch the Products using only an approved delivery channel which provides appropriate ‘proof of dispatch’ and ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by the Seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to the Company on demand within the time frame as notified from time to time.
  • The Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  • In case the Seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of Seller account.
  • The Seller agrees that the transaction price paid by a Buyer will be remitted to a Seller’s bank account after deducting such applicable fees and charges including but not limited the listing fees, collection charges and commission, contingent upon the following events:
    • A Buyer confirms the delivery of the Products in the transaction and provides the Company with documentary evidence of such delivery (if requested by the Company);
    • A Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of Products by a Seller to the Buyer; and
    • A Buyer’s refund claim is rejected by the Company due to any breach of the these Terms, other policies on the Website and any applicable law;
  • The remittances to a Seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated 24 November, 2009 (RBI Intermediary Guidelines).
  • The remittances to a Seller for CoD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the Seller’s bank account in accordance with above said transaction timelines mentioned in these Terms.
    • Prepaid payment instruments
  • The Sellers agree and acknowledge the Company may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users.
  • All the Sellers on the Website will accept such prepaid instrument as a payment instrument.
  • The Company will be responsible for making payments to the Sellers.
  • The Company will make payments to the Sellers whose Products have been purchased by Buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
    • Charges
  • Registration as a Seller on the Website is free. The Company does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee matrix set out below. The Company reserves the right to change its fee matrix from time to time. In particular, the Company may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, the Company reserves the right to introduce fees/charges for such new services offered or amend/introduce fees for existing services, as the case may be, including but not limited to listing fees, marketplace commission, collection charges and other logistical charges. Changes to the fee matrix shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to the Company. The Seller shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to the Company.
  • The fee matrix is set out below:
    • Taxes
  • You are responsible for paying all fees associated with the use of the Website and the Seller agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
  • The Seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, the Seller shall ensure that invoices state ‘Powered by Bohocraft’ and failing to do so, the Seller shall be liable to damages as the Company may deem appropriate, which the Company shall have the right to deduct from the Seller’s remittances, present and future.
  • The Company may delay notifying the payment confirmation, i.e., informing the Seller to dispatch if the Company deems suspicious or a Buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, the Company may hold transaction price and not inform the Seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a Buyer) at the request of law enforcement officials or in the event of a Buyer being engaged in any form of illegal activity.
  • The Seller acknowledges that the Company will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of the Company.
  • The Company shall make payments into the bank account provided by the Seller during the Seller registration process. Once the Company has made payments into such a bank account number, the Company shall be discharged of any/all liabilities towards the Seller and the Seller shall not be eligible for any claims whatsoever.
    • Compliance with Laws
  • The Seller shall comply with all the applicable laws (including without limitation Foreign Management Act, 1999 and the rules made and notifications issued there under and the Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to it.
    • Online payment
  • All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Seller, the Buyer and the respective issuing bank.
    • Refund of Wallet Amount
  • Wallet comprises three types of balances – store credit (which is a credit granted by us typically in lieu of a cancelled order), topped-up balance (which is a prepaid amount that a Buyer adds to the Wallet to pay for future orders on the Website) and promotional balance (which is a credit granted by us purely for promotional or goodwill purposes). Topped-up balance as well as promotional balance added to the Wallet will be non-refundable, while store credit will continue to be entirely refundable.
    • Breach
  • Without limiting other remedies, the Company may limit the Seller’s activity, immediately remove its information, warn other users of its actions, immediately temporarily/indefinitely suspend/terminate/block its account and/or refuse its access to the Website in the event of, including but not limited to, the following:
    • If the Seller breaches these Terms, privacy policy or other policies (if any);
    • If the Company is unable to verify or authenticate any information the Seller provides; or
    • If it is believed that the Seller’s actions may cause legal liability for the Seller, other users, or us.
  • The Company, may at any time, at its sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with the Company or use the Website in any manner whatsoever until such time that such a Seller is reinstated by us. Notwithstanding the foregoing, if the Seller breaches these Terms, privacy policy or other rules and policies, the Company reserves the right to recover any amounts due and owed by the Seller to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against the Seller.
    • Indemnity
  • The Seller hereby specifically agrees to indemnify, save, protect and hold harmless at all times the Company and/or any of its officers and representatives hereafter from and against all losses, damages, liability, litigations, claims, demands, actions and costs that may be made or raised or instituted against or incurred or suffered by the Seller as a result of:
    • Any of the statements, declarations, representations, warranties herein contained being found untrue or incorrect; and/or
    • The breach of any one or more of the representations, warranties or covenants made herein; and/or
    • Violation of any permission, consents, concessions, grants, etc. obtained by the Seller.
    • Trademark, Copyright and Restriction
  • The Website is controlled and operated by the Company and Products are sold by the Sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. The Seller shall not copy, reproduce, republish, upload, post, transmit, or distribute other Sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, the Seller shall not expressly or implied assist or collude with any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which the Seller receives any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
    • Limitation of Liability
  • IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, EVEN IF THE COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
    • Audits
  • The Company shall have the right to inspect and audit the Seller’s records and premises / place of business through itself or through the Company approved third party testing agencies. Cost of such audit shall solely be borne by the Seller.
    • Applicable Law
  • These Terms shall be governed, interpreted, and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction for disputes arising under these Terms.
    • Jurisdictional Issues/Sale in India Only
  • Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Company makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and risk and the Company is not responsible for supply of Products/refund for the Products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable
    • Contact Us
  • Please send any comments or questions, including all enquiries not related to copyright infringement, on the Website to.
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