Buyer Terms and Condition

BUYER TERMS

1

DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning:

I

“Buyer” shall have the meaning as ascribed under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Buyer

II

“Consignee” shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported

III

“Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests

IV

“Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable)

V

“Logistics Services” means the shipping, delivery, including cash on delivery (“COD”) and other allied services provided by us to you pursuant to these Buyer Terms

VI

“Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Platform

VII

“Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of the Seller and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc

VIII

“Product(s)” shall mean goods of any categories (other than Dangerous Goods)

IX

“Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier

2

BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

I

You represent, warrant and agree that:

a

you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

b

you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

c

you will use the Platform and Services for legitimate purchase only;

d

you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption;

e

the address you provide when registering your account on the Platform is the Buyer place of business of your business entity;

f

your business is validly existing and incorporated / established as per the provisions of applicable laws;

g

you shall comply with all applicable laws while using and accessing the Platform;

h

you and Products or services provided by you on the Platform (if any) comply with applicable laws;

i

you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

j

any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party

II

Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Platform or your use of any Service or the Buyer account and such information may be required to be furnished by EBZZAAR from time to time. Buyer represents, warrants and agrees that:

a

such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

b

Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete

III

Buyer may be required to promptly furnish additional documents or information as and when requested by EBZZAAR to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing EBZZAAR reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms

IV

Buyer consents to the inclusion of the contact information about Buyer in EBZZAAR’s database and usage of the same as per EBZZAAR’s privacy policy

V

PAYMENTS BY BUYERS

a

Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time

b

At the time of placing the Order to purchase Products from Seller on Platform, we may in our sole discretion require Buyer to pay a token amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller (“Token Amount”). Such Token Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Token Amount shall be non-interest bearing and shall be held in trust by us. This Token Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, we may in our sole discretion either:

1

refund the Token Amount to the Buyer;

2

forfeit the Token Amount as cancellation fee; or

3

transfer the Token Amount to Seller

c

Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions

d

We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by EBZZAAR

e

You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform

f

Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Seller, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform

g

In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller, pending enquiries by the banks or any regulatory body till the resolution of such issues

h

Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws

i

Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies

j

If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider

VI

LOGISTICS SERVICES

a

We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you

b

Upon receipt of order for Logistics Services from you, we shall pick up the Shipment from the location as communicated to us by the Seller and deliver the same to the location as designated by you. You agree that the title and risk in the Shipment shall pass onto you at the time the Shipment is picked up by us

c

Upon receipt of Shipment from the Seller, we will use our best endeavours to deliver the Shipment(s) to the Consignee to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identification of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of recipient or OTP for the Shipment on the Delivery Note. The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s)

d

At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. If the cash to be collected for each such Order, where such amount contains a part of a rupee consisting of paise, then the cash to be collected from the Buyer shall be either rounded upwards or rounded downwards to the nearest rupee, in the manner as mentioned herein - (i) if such part is less than 50 paise then, it would be rounded down to the preceding nearest rupee, and (ii) if such part is 50 paise and above then, it would be rounded upwards to the next nearest rupee.

The cash collected against the Order at the time of delivery of the Shipment where cash on delivery option is chosen by the Buyer or where the amount against the Order is pre-paid by the Buyer shall be settled and remitted to the Seller in accordance with the settlement process as set out in the Seller Terms

e

Shipment which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery

f

Shipment addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us

g

We reserve our right to weigh and measure the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf

h

We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us

i

Consignee(s) are required to behave properly with the pickup and delivery associates of EBZZAAR. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. EBZZAAR reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause

j

Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to you, inspect the contents of Shipment to ensure compliance to these Terms

k

Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event

l

If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavours, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient. We may in our sole discretion charge additional costs of carriage to, and delivery and keep at, such place and all other expenses incurred by us in this regard and such additional costs will be as displayed on the Platform

m

If you avail shipping and delivery services directly from the Seller, you agree that such provision of service shall be governed by way of a separate arrangement between you and the Seller. You agree not to hold us liable in any manner whatsoever for any deficiency in provision of such shipping and delivery services by the Seller and we disclaim all liabilities in this regard

VII

UNDELIVERED SHIPMENT

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed

VIII

RETURNS

In case of any Return Request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here

IX

LIEN

We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including

without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments in the manner which we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments

X

FEES AND CHARGES 

a

We will charge the Buyer for providing Logistics Services and unless otherwise stated, all such charges shall be exclusive of Goods and Service Tax. The charges payable for availing the Logistics Services will be displayed in the Rate Card section of the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event the Buyer continues to avail the Logistics Services from us, it shall be deemed that the Buyer agrees to such change in charges

b

Any taxes, duties, or levies applicable on entry or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer will be liable to pay the same

c

The charges shall be subject to applicable taxes, as per prevailing applicable laws. Buyer shall deduct income tax as applicable against the amounts payable to EBZZAAR if required by applicable law, except to the extent where EBZZAAR submits a nil/reduced withholding certificate. Buyer shall remit the withholding taxes to the relevant tax authorities and enable EBZZAAR to claim a tax credit by providing an appropriate and timely certificate of withholding as stipulated under the applicable law

d

For any additional services availed by the Buyer from EBZZAAR, EBZZAAR will charge additional charges for any such additional services. EBZZAAR may enter into a separate bi-partite contractual arrangement with the Buyer for provisioning of such additional services to the Buyer. EBZZAAR reserves its right to levy penalty or late payment charges in case of delay by the Buyer in clearing any dues payable to EBZZAAR

XI

LIMITATION OF LIABILITY AND INDEMNITY

We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder

XII

CUSTOMER ACQUISITION PROGRAM

EBZZAAR is running a customer acquisition program for Buyers to service EBZZAAR’s customers in locations where EBZZAAR is unserviceable for certain additional benefits (“Customer Acquisition Program”). All Buyers who are interested in to be a part of this Customer Acquisition Program should contact its respective field executives. The selection of Buyers for the Customer Acquisition Program shall be basis the qualification to the terms and conditions introduced by EBZZAAR in this regard from time to time