Seller Registration: A User who wishes to sell items by listing the products on the store shall register by providing the requisite information/ data on the Seller Registration page . The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company / HobbyBazaar Site administrator has the right to suspend/ terminate the Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and policies made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences
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Invoicing: Please note we offer classifieds for marketplace and are not involved in the transactions between a buyer and seller. We only invoice the Sellers who manage their Stores and upload products based on the subscription they choose.
Shipping & Product Liabilities: We help Buyers and Sellers connect whereby as Sellers you are selling to customers offline and we DO NOT charge commission for services associated with it. Therefore invoicing and shipping of products to customer is your responsibility. Also any taxation related to sale of your products like GST, etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and Hobbybazaar.in will not be responsible for any loss or damage due to your products.
Hold, Suspension and Termination of Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s Registration subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and policies made thereunder.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s VillaPay Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
Know Your Customer (KYC) Documentation: At the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration or at any subsequent date.
The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and policies made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
Charges Applicable to Sellers:
The Seller will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon.
Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfill all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size etc.) shall be provided to the buyer.
[Note: Please confirm.]
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
No Infringement of Intellectual Property of Company and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
Categories: If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.
Method of Payment: At the time of listing, you may choose from various modes of payment provided by the Company on the Website
Clean Sale: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.
Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Feedback: Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
Non payment: The Company reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of appropriate charges. The Company also reserves the right to take legal action in case of such non-payment.
International Trading: It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be Delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.
Refusal to sell: Hobbybazaar.in is a classifieds website and is not involved in the transactions between a buyer and seller as we do not charge a commission. It is upto you to decide whether to sell or refuse to sell to a prospective buyer based on your offline discussions.
Pricing: The price of the item proposed to be purchased shall mention if the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof are included or not.
Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.Hobbybazaar.in would not be involved in any way in such a situation.
Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where renewal of the listing is not completed in time.
Payment Confirmation: Hobbybazaar.in shall send an invoice to you on completion of a successful transaction for choosing a subscription service.
Delivery: The Dispatch and delivery of the products is the sole responsibility of the seller based on what was agreed between you and the Buyer. Hobbybazaar.in has no role to play in tracking the order, etc.
Warranties and Undertakings
Seller warrants and undertakes that:
All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the store being delisted.
In the event that:
the Seller fails to Deliver within the time prescribed; or
the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
there is any dispute between Seller and the Buyer relating to the Transaction, or
the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
the Buyer claims a refund of or charges back the Transaction Price,
the Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the VillaPay Facility.
In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
The Company will retain personal information in accordance with the privacy policies posted on the Website and applicable laws.
LIST OF RESTRICTED ITEMS
1. Adult goods and services which includes pornography / Child pronography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
2. Body parts which includes organs or other body parts
3. Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
4. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
5. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
6. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
8. Offensive goods which includes literature, products or other material that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred
9. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
10. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
11. Wholesale currency which includes discounted currencies or currency exchanges
12. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
13.The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
14. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne