1. Clikshop Business Program
2. Clikshop Delivery Solutions
What is Clikshop Business Programme ?
Clikshop Business Program[CBP] is a business program launched by clikshop.co.in which focuses on providing small vendors, suppliers a platform for selling of their products to a wide range of customers by just uploading their products on the site.Under this program the sellers get access to sell their products to a customer base of 15000+ registered Customers. As clikshop provides its services in Pan India therefore, it is helpful for the sellers to grow their business.
The CBP program is easy to understand and sellers, suppliers can easily get themselves registered under this program to sell their products on Clikshop’s e-commerce platform. No specific degree or qualification is required for registering in this program.
What is Clikshop Delivery Solutions?
Clikshop Delivery Solutions is a program launched by Clikshop in which it offers delivery solutions(logistic facility) to the sellers, suppliers for hassle free delivery of their products to the customers. Clikshop Delivery solution is owned and operated by Clikshop Itself. Clikshop’s Sister Company Rexdrop provides Delivery Solution to Clikshop’s seller. This Program is implemented by keeping in mind all the obstacles that are faced by a seller and its customer in the process of Delivery of goods. Rexdrop Provides its facilities to all the sellers who are connected with the Clikshop Business Program. The Main mission of CDS PROGRAM is to eliminate the problems faced by sellers and buyers in the process of delivering the goods and also to minimize the cost of delivering the product.
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under 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 and the same has been incorporated by reference in the Seller Agreement (defined below).
These Terms & Conditions (“Terms”) form part of the Seller Agreement (“Seller Agreement”) entered into between ‘Clikshop “an Online Book Store”, a company incorporated under the Companies Act, 1956, with its registered office Shop No - 53, Ward No - 46, Near Gaytri Temple, Shyama Prasad Mukherjee Nagar, Dist: Bilaspur, State : Chhattisgarh Pin Code : 495001, India. And Operational Office Near Milestone Apartment Shop. no.2 Devpuri, Raipur Pin Code: “492001, India ("Company") and you, the Seller ("Seller"). The Terms are incorporated in the Seller Agreement by way of reference and constitute part of the binding Seller Agreement executed between the Company and the Seller.
1. Background: The domain name http://clikshop.co.in/ (hereafter referred to as “Portal/Website") is owned by the Company and operates as an online e-commerce marketplace for the display and sale of Books by various Sellers to the end customers (“Customers”) and provides related services to the Sellers and to the Customers / users of the Portal on behalf of the Sellers (as the Seller’s service provider). The Company shall act as Seller’s service provider for providing various services in relation to the sale of its Products as agreed under the Seller Agreement.
2. Products: The Seller shall offer its Products to the Company for the purpose of sale by the Seller on the Portal. Based on market analysis conducted by the Company, the Company may make recommendations to the Seller from time to time on the specific Products and the quantities thereof, from the entire range/collection that are to be displayed and offered for sale by the Seller through the Portal. The Seller shall make its final decision on the Products and their quantities to be displayed on the Portal on the basis of such recommendations. Notwithstanding the foregoing, the Company has the right to refuse to display, or withdraw from the Portal, any Product for sale on the Portal.
3. Services to be provided by the Company As part and parcel of the Services, the Company shall carry out the following functions for and on behalf of the Seller for consideration as agreed under the Seller Agreement.
A). Facilitation of Sale of Products through the Portal:
i) The Seller authorizes the Company to, on behalf of the Seller, provide to Customers / users of the Portal:(i). Information and assistance in relation to the listed Products and sales thereof, (ii). Information in relation to status of the order placed by Customers, and (iii). Operating a customer helpdesk for other inquiries in relation to Products and orders, customer complaints and grievances. II). The Seller agrees and undertakes to fully co-operate with the Company as reasonably required, in connection with any customer-service functions undertaken by the Company. Such services can be provided by the Seller either on its own or through the Suppliers, as the case may be.III). The Seller authorizes the Company to place; (a). a description of the Seller (including but not limited to description of Suppliers, where so directed by the Seller) and (b). description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product and any applicable warranty terms) on the Portal.(c). Seller rating based on Seller performance and customer reviews. IV). The Seller authorizes the Company to offer certain discounts during the year wherein the discount % and sharing ratio shall be decided mutually between the Seller and the Company from time to time.
B). Quality and Quantity Assurance:
i). Prior to the Product(s) being displayed on the Portal, the Seller shall within 2 (two) business days, ensure the availability of the Products for serving customer orders, and Upload the stock details on the site.ii). Further in case of an event where due to any reason the Product(s) in respect of which the Stock details have been furnished becomes unavailable in the stated quantities, the Seller shall immediately, Correct such Product(s) or stated quantities becoming unavailable and shall update the inventory on site. iii). The Seller From his side should try not to cancel any orders from customers. In case, The seller has not updated the stocks and has received an order for the product But the product is unavailable with the seller, In such scenario the seller shall at his best try to arrange the product Ordered within 2 days and make it available to the customer.
C). Ordering, Packaging and Delivery:
i). The Portal will enable Customers to place orders for the Product(s) they wish to purchase on the Website. ii. Upon receiving the confirmation of the order by the Customer, the Company will update the details of the confirmation of the order on the internal portal which the Company shall maintain for the Seller. iii. The Seller hereby irrevocably confirms that upon receiving the confirmation of the order by the Customer in respect of any Product, the Company shall be entitled to, and be deemed to have been authorized by the Seller, to collect directly or through its nominees or third party service providers, the relevant Product(s) from the Seller for the purposes of delivering it to the Customer on behalf of the Seller, within 24 hours of the confirmed order being received on the Portal. The Seller will use packing material mutually agreed with the Company to package the Product and keep it ready for collection. The materials and collaterals to be used for the outermost package layer shall be provided by the Company. iv. The Seller shall ensure to provide all relevant authorisations in favour of the Company to facilitate aforesaid collection of the relevant Products from the Seller. v. Before arranging the delivery of the relevant Products to the Customer on behalf of the Seller as a service provider, the Company may verify, on behalf of the Seller as a service provider, the consignment against the confirmed order placed by the relevant Customer, and such other Quality Parameters as may be reasonably required or specifically instructed. vii. The Company shall take all commercially reasonable steps to keep the Customer informed of any delays which may take place in the delivery of any Product.viii. Sellers should have their genuine identification mark(Stamp of their business) which they need to put on the product before packing for stating the genuinity and originality of the product(s) which they are selling to the customer. In case any fraudulent practice arises, Under those circumstances the seller can prove the genuinity of the product sent by them.
D). Collection and Payments and Invoicing:
i). The Seller will generate, print and issue an invoice for the purchased Product to the Customers from the Seller portal provided by the Company. At times, the Invoice may contain some additional shipping, Cash on delivery or any other charges charged to the Customer based on the Company’s policy from time to time. ii. The Company shall collect the payments from the Customers on behalf of the Seller as its service provider.
4. Payment Terms
a. The Customers shall be given the choice to make payments for the purchase of the Product by way of online payments, cash on delivery or any other legal methods of payment as may be available on the Portal from time to time.
b. It is hereby clarified that Company shall not be required to provide any other information (including any confidential information or any information about the Customers) to the Seller vide such Reports or otherwise and any such information shall be the proprietary information of the Company.
c. The payment of sale proceeds of the Products by the Company to the Seller shall be made within 48hrs After Completion of the sales process (i.e, After the product is received by the customer and no return /refund requests have been made by the customer for such order within the prescribed time frame of within 24hrs after receiving the product) or will be made within 3-7 working days after the product is Delivered whichever is earlier. The Company shall remit to the Seller the sale proceeds of the Products which have been duly delivered to the Customers during a relevant time frame after deducting there from (i) the Company’s Commission on the Products sold and delivered to the Customers as agreed in the Seller Agreement; (ii) *.
d. Clikshop will make payments to sellers whose products have been purchased by buyers on the platform named clikshop.co.in.
e. Transaction, transaction price and all commercial terms such as delivery, dispatchment of products are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Clikshop liable or responsible for non-receipt, non-payment, damage, breach of representations or fraud as regards the products and/or services listed on the Platform.
g. You understand, accept, and agree that the payment facility provided by Clikshop is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure. Further, by providing payment facility, Clikshop neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for selected areas, at Clikshop’s sole discretion.
h. 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 a seller buyer and the respective issuing bank.
5. Return,Refund & Exchange/Replacement
a. The Company has a Return and Refund Policy which is applicable to the sale of Products through the Portal.The Seller hereby confirms that the terms of Cancellation of the product, the Return and Refund Policy are acceptable to the Seller. The Company shall prominently display the Return and Refund Policy on the Portal so that the Customers are aware of the Return and Refund Policy.
b.The seller hereby confirms that he shall accept the return of the product which has not been delivered to the customer successfully and is cancelled before its delivery.
c. If a Customer is entitled to a return or refund for any Product in accordance with the Return and Refund Policy, the Company shall make such return or refund solely on behalf of the Seller as per the Return and Refund Policy and adjust the amount so paid to such Customer from any amounts payable by the Company to the Seller. The Seller hereby agrees that such adjustments can be made from the amounts payable by the Company to the Seller.
d. You shall accept the return of the product if the problem with the product is identified and is informed within 24hrs of receiving the product .
e. The sellers shall agree that in a situation where the product ordered by the customer is unavailable with the seller, or is out of stock, or the asked quantity is not available, In such scenario it's the responsibility of the seller to make the said product available to the Customer and if not, the seller shall cancel the order.
f. Replacement/Exchange of the product will be done in case of Damage book received.( Damage includes torn pages, missing pages, blank pages)Wrong edition of book received change in the language of the book received.Wrong Book Received(Note:- wrong book received means a different product is sent by the seller to the customer from what he ordered).
6. License to Make Use of Intellectual Property
a. The Seller hereby grants to the Company for the Term a royalty free irrevocable license to use its Intellectual Property for the purposes of providing the Services by the Company as contemplated hereunder.
b. In the event, the Seller sources the Products from any Supplier, the Seller shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier for the purposes of providing the Services by the Company, prior to the display of such Products on the Portal. A ‘no objection certificate’ in this regard shall also be procured by the Seller from the Supplier in the format annexed to the Seller Agreement and the same shall be submitted with the Company prior to display of such Products on the Portal. In the event the Company receives a claim and/or notice from an owner/manufacturer of products regarding infringement of its intellectual property rights, the Company shall forward such claim to the Seller and the Seller shall be liable to defend such claims and keep the Company harmless and indemnified against the same. The Company may also provide all necessary information regarding the Seller to any such party from whom a genuine claim has been received by the Company and the Seller shall have no objection to the same. The Company may further take any other appropriate legal action against the Seller, as it may deem fit, in this regard.
c. It is hereby clarified that no rights in the Intellectual Property of the Seller or the Suppliers are granted in favor of the Company except the limited license to use the Intellectual Property for the purposes of providing the Services by the Company.
d. The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
7. Obligation of the Company
a. Company shall take reasonable steps to specify for Customer awareness on the Portal, the return period and terms of such returns as communicated to it by the Seller in relation to the Products displayed on the Portal.
b. The Company shall maintain the proper and valid registration of its domain name in relation to the Website during the Term at its own costs.
8. Title and Risk in relation to the Products
a. No risk or title to the Products shall pass to the Company at any point of time for any reason whatsoever. The title and risks to the Products shall be deemed to pass directly from the Seller to the Customer upon delivery of the Products to the Customer and payment of the consideration for the Products by the Customer.
b. Notwithstanding anything to the contrary contained herein, it is clarified and agreed that any and all liabilities arising in connection with any defect, fault or shortcoming in the Product(s) shall be of the Seller or its Supplier alone and this provision shall survive the termination of the Seller Agreement together with these Terms & Conditions.
9. Confidentiality: The Parties shall keep all negotiations confidential and maintain the contents of these Terms & Conditions together with Seller Agreement in strict confidence and shall make no announcement or disclosure without the prior written approval of the other Party in respect of (i) disclosures necessary to be made to each Party’s consultants, advisors, employees / directors on a need-to-know basis and provided that such third parties are bound by obligations of confidentiality; and (ii) disclosures required by law.
a. These Terms & Conditions shall become effective on the Effective Date as mentioned in the Seller Agreement and shall remain in force unless Seller Agreement is terminated between the Parties in accordance with the terms hereof (“Term”).
b. The Seller Agreement may be terminated by either Party in accordance with the following: i. Upon material breach of these Terms & Conditions or Seller Agreement by either Party which is not cured within thirty (30) days of receipt of notification from the non breaching Party, the non-breaching Party shall be free to terminate the Seller Agreement forthwith; ii. Where any Party commits a material breach of the Terms & Conditions and in the reasonable opinion of the non-breaching Party, such breach is not capable of cure, the non-breaching Party shall not be obliged to provide a chance to cure the breach but shall be entitled to terminate the Seller Agreement forthwith. iii. Either Party may terminate the Seller Agreement upon one month’s prior notice in writing if (a) the other Party is adjudged bankrupt, or makes a general assignment for the benefit of its creditors, or (b) if a receiver is appointed for all or a substantial portion of its assets and is not discharged within sixty (60) days after his appointment; or (c) such Party commences any proceeding for relief from its creditors in any court under any insolvency statutes. iv. The Company may (a) forthwith terminate the Seller Agreement where the Company reasonably believes that the Seller’s actions or omissions have prejudicially affected the reputation of the Company and / or the Website; or (b) terminate the Seller Agreement by giving a 1 (one) month’s notice in writing to the Seller.
c. Consequences of Expiry/Termination: Upon termination of the Seller Agreement: i. The Company shall be entitled to remove the Products of the Seller displayed on the Portal. ii. All orders in relation to the Products of the Seller that have been received prior to the termination of the Seller Agreement and all obligations to return the Product and/or refund the amount paid by the Customer which may arise in the period after the date of termination hereof, shall be honoured and completed, notwithstanding any termination hereof, in accordance with the terms of these Terms & Conditions and the Return & Refund Policy; and the Seller agrees and undertakes to co-operate with the Company for the same. iii. The Seller shall forthwith without delay or demur make payment of all outstanding amounts that are due to the Company under the Seller Agreement, including any amount refunded by the Company to the Customer after the termination, which shall be paid by the Seller to the Company immediately upon receipt of any demand from the Company in this regard. iv. The Company shall within 30 (thirty) days of the date of termination, make payment of all outstanding amounts that are due to the Seller in accordance with the terms of this Agreement. v. The rights and obligations of the Parties which have arisen hereunder up to the time of termination shall not be affected. vi. Within forty five (45) days from the termination of the Seller Agreement the Seller shall submit to the Company a “no due certificate”, to the satisfaction of the Company.
11. Intellectual Property Rights
a. 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.
b. Subject to the provision 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.
12. Representation and Warranties of the Seller
a. The Seller has all rights (including all Intellectual Property rights), approvals and consents from any third parties (including Suppliers) required to enter into and perform the Seller Agreement together with Terms & Conditions and to supply and sell the Products as contemplated hereunder.
b. The Seller has procured all necessary registrations/permits as required under applicable laws for sale of Products through the Portal (including without limitation registration under applicable laws pertaining to sales tax and VAT of the relevant states). The Seller further represents that the Seller shall be solely responsible for collection and payment of applicable taxes with respect to the sale of the Products to the relevant government authorities in a timely manner and the Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Seller. The Seller hereby agrees to keep the Company harmless and indemnified in this regard. The indemnity obligations of the Seller contained herein shall survive the termination of the Seller Agreement together with these Terms & Conditions.
c. The Seller has a valid, clear and marketable title to all the Products being displayed and sold through the Portal under the terms of the Seller Agreement.
d. All the Products are genuine, merchantable, marketable and of the quality and nature as described by the Seller to the Company and displayed on the Portal. The Products are genuine, new and are not counterfeit products.
e. The Seller has valid, clear and full rights / entitlement to use the trademarks, designs, copyrights of or related to the Products or its packaging used in connection with display and advertising of the Products by the Company.
f. The Seller agrees to add a link of Clikshop.co.in with text “Find us on Clikshop.co.in” on their website/on their contact card.
g. Further, as per Information Technology (Intermediaries Guidelines) Rules, 2011, the Seller agrees and undertakes that it shall not provide photographs/images of Products for display, upload, modify, publish, transmit, update or share any information or share/list(s) any information relating to the Product that: i. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; ii. harm minors in any way; iii. violates any law for the time being in force; iv. infringes any patent, trademark, copyright or other proprietary rights; v. deceives or misleads the addressee about the origin of such messages; vi. impersonate another person; vii. communicates any information which is grossly offensive or menacing in nature; viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s Website or Portal; or ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
15. Penalty In the event of non-adherence of these Terms & Conditions by the Sellers resulting into the occurrence of either of the following instances shall attract a penalty of INR 100 (Rupees One Hundred Only) per instance: a. inability to meet the orders, whether due to inadequacy of stocks or otherwise, in which case the penalty shall be per order; b. Returns due to bad/defective product; c. Returns due to wrong size of the products shipped by the Seller; d. Returns due to delivery of wrong products It is hereby acknowledged by the Seller that out of the penalty amount, INR 50 will be passed on by the Company to the Customer concerned (or customers in general) as an apology gesture for less than satisfactory shopping experience in case such instances occur and the remaining INR 50 shall be retained by the Company as costs of marketing/ processing the order.
16. General Clauses
a. The Parties hereby agree that for the purpose of providing the Services and carrying out related functions in accordance with the provisions of Terms & Conditions, the Company is hereby authorized as the agent of the Seller to act in accordance with the terms herein and other instructions of the Seller.
b. These Terms & Conditions together with Seller Agreement is the complete and binding agreement of the Parties with respect to the subject matter hereof.
c. These Terms & Conditions are applicable for all Sellers and may be modified by the Company from time to time with prior intimation to the Sellers. Sellers hereby agree to be bound by such amended Terms & Conditions, as may be notified by the Company.
d. The Seller shall not assign or sub-contract any of its rights, obligations, or responsibilities under the Seller Agreement or Terms & Conditions without the prior written consent of the Company.
e. The Parties agree that, having regard to all the circumstances, the covenants contained herein are reasonable and necessary for the protection of the Parties. If any such covenant is held to be void as going beyond what is reasonable in all the circumstances, but would be valid if amended as to scope or duration or both, the covenant shall apply with such minimum modifications regarding its scope and duration as may be necessary to make it valid and effective.
f. If any provision of these Terms & Conditions is held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions contained herein.
g. Except as expressly provided in this Terms & Conditions, no waiver of any provision shall be effective unless set forth in a written instrument signed by the Party waiving such provision. No failure or delay by a Party in exercising any right, power or remedy under this Terms & Conditions shall operate as a waiver thereof.
h. Each Party shall co-operate with the other Party and execute and deliver to the other Party such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of these Terms & Conditions and to ensure the complete and prompt fulfillment, observance and performance of the provisions contained herein and generally that full effect is given to the provisions of the Seller Agreement together with the Terms & Conditions.
18. ARBITRATION In case of "Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties."
19. Sale in India Only Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Clikshop 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 Clikshop 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.