Terms of Sale

YASHWORLD PRODUCTS PRIVATE LIMITED / WWW.WINSANT.COM

 

INFORMATION / TERMS AND CONDITIONS FOR SELLERS

 

  • As a part of the registration process, you state that you have completed the seller registration form and provide other relevant details as required by Yashworld Products Private Limited you represent that you in your individual capacity and/or as an authorized representative of the entity registering as a seller on the website are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.

 

  • You shall upload the product listing for the sale of the products in the appropriate category, through the seller panel. You shall also be required to provide all details relevant to the sell/purchase of the products, including the selling price, an informative description of each product by way of text description, graphics (pictures or videos). These product listing and details shall be displayed on the website, along with the selling price.

 

  • You represent that you shall provide accurate product information on the winsant seller panel/website. The product description shall not be misleading and shall describe the actual condition of the product. If the said product does not match the product description displayed on the website, you agree to refund any amounts that you may have received from the buyer.

 

  • You shall be responsible for ensuring that details in your seller panel is updated and reflects the real-time availability of the products listed on winsant.com website. Yashworld Products Private Limited shall not be held responsible for any claims made by buyers for inaccurate products description, worn availability details that are displayed on the website due to any negligence on the part of you. You shall be required to retain an adequate inventory of the product listed on the website, for successful fulfilment of orders.

 

  • You shall not attempt to sell any product falling in the category of Yashworld Products Private Limited.’s banned product list on this website. Yashworld Products Private Limited shall be entitled to block all such product and also have the right to suspended or terminate the seller’s access to the winsant seller panel and the website or terminate this agreement immediately with or without informing the seller.

 

  • For all orders placed on the website, payments shall be collected by Yashworld Products Private Limited on behalf of the seller, in mode (i.e., payment gateway or cash on delivery) as opted for by the buyers. You here by authorize Yashworld Products Private Limited to process, facilitate, collect and remit payments to you, (collected either electronically or through cash on delivery) from the buyers in respect of sale of product through the website. You also agree that, in doing so, Yashworld Products Private Limited will be merely acting as your limited payment collection agent. Yashworld Products Private Limited is neither a banking service nor a financial institution, it is merely a facilitator providing an automated online electric payment system, using the existing authorized banking infrastructures and credit card payment gateway networks or payment through cash on delivery, for the transactions on the website, further, by providing the payment facility, Yashworld Products Private Limited is neither acting as a trustee, nor acting in fiduciary capacity with respect to any transaction on the website.

 

  • Yashworld Products Private Limited shall provide the necessary infrastructure, like call centre, order management system, etc., for capturing the buyer’s order. The orders placed by buyer will be forwarded to you / reflected in the seller panel. You shall package the product(s) in accordance with the packaging guidelines issued by Yashworld Products Private Limited from time to time and dispatch the product(s) to the buyer.

 

  • You shall ensure that the purchased is dispatched to the buyer, within such time period which Yashworld Products Private Limited may prescribe from time to time, along with the required information, manuals, accessories (wherever applicable), warranty document (wherever applicable) and any other relevant documents, to enable the buyer to optimally use the product(s) purchased, you shall also issue a corresponding invoice in the name of the buyer, which invoice shall be sent to the buyer along with the product. You shall be responsible to update the seller panel to reflect this development.

 

  • You confirm and understand that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, defective, and refurbished or previously owned product through the website will cause great prejudice and harm to the reputation and goodwill of Yashworld Products Private Limited. further, if Yashworld Products Private Limited receives any complaint from any buyer or if you sell or deliver wrong, fake, duplicate, defective, refurbished or previously owed product through the website than you shall be liable to pay 10 times the selling price of the product sold, as damages to Yashworld Products Private Limited. Yashworld Products Private Limited reserves the right to adjust the above amount from any amount accrued to you pursuant to this agreement.

 

  • Non Delivery/ Refund Of The Product Due To Any Other Reason. Where the product has not been delivered due to any reason which is not attributed to the seller, Yashworld Products Private Limited shall refund the buyer, the selling price paid by buyer to purchase the product and shall cause the product to be returned to the seller. In such an event the seller shall be liable to pay Yashworld Products Private Limited and Yashworld Products Private Limited shall be entitled to recover from the seller, Yashworld Products Private Limited marketing fee, courier charges and any other applicable charges.

 

  • The seller shall quote the best and most competitive selling price (inclusive of all applicable taxes and charges) for each product on the website.

 

  • Yashworld Products Private Limited shall have the right to amend the Yashworld Products Private Limited marketing fee percentage applicable to each product category. Yashworld Products Private Limited shall provide at least twenty-four (24) hours prior notice of the implementation of the revised Yashworld Products Private Limited marketing fee percentage for any products / category by way of an email and / or notifications sent by Yashworld Products Private Limited from time to time. Your continued use of seller panel (including any updating any information in seller panel, listing of products, inventory maintenance, etc.) After modification/amendments/ revisions of the Yashworld Products Private Limited marketing fee shall be deemed as acceptance of such modification / amendments / revisions.

 

  • Yashworld Products Private Limited reserves the right to run promotions and offers providing benefits / discounts on the selling price to the buyer on various products listed on website. Similarly, seller may provide a discount /ffer on the products by lowering the selling price. Notwithstanding the above, the selling price of all product offered on the website shall be either equal to, or less than, the maximum retail price, along with other statutory declarations, shall be mentioned on each product and/or on its packaging in accordance with applicable laws.

 

  • The selling price in respect of product purchased by a buyer shall be received in full by Yashworld Products Private Limited either through the online system, i.e. The payment gateway offered by Yashworld Products Private Limited on the website, or by cash on delivery.

 

  • You will be responsible for payment of all applicable taxes including Sales tax, GST or any other taxes levied by the Government of India or respective state governments.

 

  • You agree and acknowledge that you will pay Yashworld Products Private Limited, the Yashworld Products Private Limited marketing fees, courier fees and payment collection fees, fulfilment centre charges and any other fees, as provided in commercial term segment, on all the orders received through Yashworld Products Private Limited.

 

  • Yashworld Products Private Limited Shall release the payment of the seller proceeds to you after 20 working days of product delivered on 6th day of month then payment proceed on 26 day of same month and if product delivered on 31st day of month than payment proceed on 21st working day of next month.

 

  • Yashworld Products Private Limited shall make the payment by way of account payee cheque and electronic transfer, after deducting Yashworld Products Private Limited’s marketplace fee, courier fees, and other applicable fees, as per the commercial term segment.

 

  • You agree that Yashworld Products Private Limited, against any payment due to, or from you in other transaction at all times, have the right and option to deduct  /adjust any payment due to or from you.

 

 

Transfer of ownership of product, logistic and consumer right

 

  • You agree that Yashworld Products Private Limited Provides a website for the display of the product and other services to facilitate the transaction between you and the buyers. Accordingly, Yashworld Products Private Limited is merely an intermediary and the winsant website is only a platform where the seller may offer its product for sale. The contract for sale of any of the product shall be a strictly bipartite. Yashworld Products Private Limited do not have any obligation or liabilities in respect of such contract nor shall Yashworld Products Private Limited hold any rights, title or interest in the products. Yashworld Products Private Limited shall not be responsible for any unsatisfactory or delayed performance of the seller including as a result of the products being out of stock.

 

  • The ownership in the product purchased will be transferred to the buyer after successful; delivery of the same at the destination provided by the buyer, until which the ownership in the product shall vest with the seller alone. As a large market place, Yashworld Products Private Limited will extend its services to sellers by giving mandates to logistics partner for facilitating the smooth functioning of the transaction between you and the buyer. Any damage in transit on account of inadequate / unsuitable packaging will be to the account of the seller.

 

  • You hereby agree to accept all sales return (cash on delivery or non-cash on delivery), which are refused / not accepted by the buyer at time of delivery.

 

  • Seller will offer standard manufacturer’s or seller’s warranty actually associated with the products. However, the parties agree that repair, replacement or 100% refund of money will be given to the buyer against manufacturing defect of damage. You shall issue a suitable, duly stamped. Manufacturer’s warranty card to the buyer with the product at the time of dispatch of the product, if applicable. The parties also agree and acknowledge that the primary and sole responsibility for redressal of the buyer’s complaints will rest solely with you at all times.

 

  • You agree to deliver the products to the buyers in a timely manner consistent with the terms of this agreement; and deliver the product in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes do practice , now or hereafter in effect, relating to the seller’s performance under this agreement.          

 

  • The seller agrees, represents and warrants that the seller shall not describe himself / Itself / themselves as an agent or representatives of Yashworld Products Private Limited or make any representations to any buyers or any third party or give any warranties which are of such a nature that Yashworld Products Private Limited may be required to undertake, or be liable for whether directly or indirectly.

 

  • The seller hereby declares and confirms that it deals only in original, legitimate and genuine product which are either self-manufactured and /or procured from legitimate channels and in compliances with all the legal requirement. The seller further declares not to violate the intellectual property rights of any third party and for any breach or violation of such intellectual property rights, seller shall be solely responsible.

 

  • The content of the product, the text description, graphics or pictures regarding the product being uploaded on the website and the product packaging, shall not be obscene, defamatory or scandalous which is capable of hurting the sentiments of any segments of the population or constitute an infringement of any intellectual property rights of any parson or entity.

 

  • Yashworld Products Private Limited reserves the right to deny access to, or revoke, such permission to use the seller panel and/ or website at any time.

 

  • Yashworld Products Private Limited shall be having the right to remove the listing of any product being offered for sell by you.

 

  • Yashworld Products Private Limited shall have the right to offer discounts, run promotion campaign on the selling price to the buyers from Yashworld Products Private Limited. You shall not object to the provision of such discounts given by Yashworld Products Private Limited.

 

  • The seller represent and warrants that if seller is found indulging in providing of false or misleading information or provision of defective or counterfeit product, than Yashworld Products Private Limited may initiate civil lawsuit and/or disqualify/bar the seller from selling on the website.

 

 

Intellectual property right

 

  • Both parties agree that the brand/logos, trademarks, etc., belonging, to each party are the exclusive property of the respective party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/similar the brand/logo/trademarks of the other party without being specifically authorised in writing by that other party. You recognise and confirm that Yashworld Products Private Limited has the exclusive right to supervise, allow and reject the contents of the website. Yashworld Products Private Limited shall not be liable for contents and the image shared, uploaded or displayed on the website by the seller regarding the seller’s product and all consequent liability will be borne by the seller only.

 

  • You here by grant to Yashworld Products Private Limited the right to display/details the product (as uploaded or to be updating by on the seller panel at any/all times) along with the related logo and/or trademark and/or brand name, etc., the products for marketing / selling through the website.

 

  • You acknowledge that Yashworld Products Private Limited is merely an intermediary with respect to the product listed on the website. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sell of any product/third party trademark or copyright matter on the website (including availability or sell of counterfeit goods on the website), Yashworld Products Private Limited may, at its own discretion, remove/delist on allegedly infringement product/content from the website, with or without prior notice to you.

 

 

Anti-bribery and anti-corruption policy                                                                                 

 

  • The parties agree to conduct all their dealings in a honest and ethical manner and with the highest business standards.

 

  • The seller agrees to comply with “anti-bribery laws” and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gift either in cash or in any other kind in the course of all dealings with Yashworld Products Private Limited or any other third parties for the purpose of this agreement. Any instances of such violations will be viewed in a serious manner and Yashworld Products Private Limited reserves the right to take all appropriate action or step legal steps as may be required under the circumstances.

 

  • The seller will provide all possible assistance of unethical behaviour or business conduct violations by an employee or hired person of the seller.

 

 

Liability

 

  • In the event of any breach or delay in the fulfilment of your obligations by you, due to any reason, Yashworld Products Private Limited shall not be held liable / responsible.

 

  • Yashworld Products Private Limited shall not be liable for the sale of the product by you through the website or any loss incurred by you or the buyer there from.

 

  • The data of buyer will be the exclusive property of Yashworld Products Private Limited, and you will not use the same for own purpose or distribute such data in any from or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to buyer details, market information, all work products and document related there to, the contents of the website or any other information, which is treated as confidential by Yashworld Products Private Limited, and another information, whether oral or in writing, received or to be received by you which agreed to be treated under the same terms, whether expressly or by implication.

 

  • Additionally the seller shall, at all times and to the complete satisfaction of Yashworld Products Private Limited and without demur, at its own expense, indemnify, defend and hold harmless, Yashworld Products Private Limited and its officers, director, employees, associates successors, representatives and agents, against any third party claim, demand, suite, action or other proceeding brought, officers and employees and against any third party claim, demand ,suit ,action or other proceeding brought against Yashworld Products Private Limited or its direction, successors, representatives, agents, offices and employees and against all penalty, damages, awards, settlements, liabilities, losses, costs and expenses related thereto (including attorney’s fees) to the extent that such claim, products and their content, or any breach of any of the terms and conditions of this agreement by the seller or failure of the seller in the performance or observance of its role, functions, responsibilities as specified herein, or the breach of the seller’s representations and warranties as contained in this agreement, even after the termination of this agreement.

 

  • The right and obligations under this agreement shall not be assigned or transferred by you to any third party whomsoever, the terms of this agreement.

 

  • By Yashworld Products Private Limited, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against you, or you make an assignment for the benefits of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of your assets.

 

  • Yashworld Products Private Limited also has the right to suspend your access to the seller panel (instead of terminating the agreement) for any period of time (during which time period you shall not be permitted to sell your product on the website) on the occurrence of any of the termination triggers specified in same criteria.

 

  • Without prejudice of the foregoing, the termination of termination of this agreement pursuant to any of the provision contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either party may have arising out of the event which gave rise to the right of termination.

 

  • Yashworld Products Private Limited may modify any other policies such as the terms of service, the privacy policy and the copyright policy, any time as its sole discretion without any notification to you.it is your responsibility to review the same from time to time. You will be deemed to have accepted these website policies as amended, if you continue to access the website after the modification are posted on the website.

 

  • However, in case of any claim with may insurance company or insurer, the seller shall fully cooperate with Yashworld Products Private Limited and provide all necessary documents as may be requested by Yashworld Products Private Limited. However, all claims arising out of the damages, pilferage fire, flood and burglary of the product, the same shall be subject to the terms and condition of the original insurance entered with Yashworld Products Private Limited.