MERCHANT TERMS
01. Merchants shall be solely responsible for the quality, quantity, merchantability, guarantee, and warranties in respect of the products. The merchant shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the merchant to the customer.
02. Merchants shall inform customers of the nature and consistency of the products and shall give customers appropriate warnings in relation to any health and safety concerns or handling of hazardous risks.
03. The merchant warrants and represents that it is an authorized business establishment and holds all the requisite permissions, authorities, approvals, and sanctions to conduct its business and to enter into the present agreement with the “Authorized Person”. It is the merchant’s sole responsibility to ensure compliance with every applicable existing and/or future law of the Republic of India that may require any kind of compliance.
04. The merchant warrants and represents that it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the “Authorized Person” and perform the obligations contained in and that it has not violated/infringed any intellectual property rights of any third party.
05. The products offered by the merchant are either manufactured by the merchant or are sourced/purchased by the merchant from third-party suppliers/manufacturers (“Suppliers”).
06. The product shall be authenticated in nature in terms of brand name, specifications, images, and cost of the product. The description of the product shall be done by way of text descriptions, images, or videos. The merchant agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer. The “Company” does not accept responsibility for any liability with respect of the accuracy of product details provided on the Portal. The merchant r undertakes that it will list only existing or potential Decentralized Renewable Energy products on the Portal.
07. The merchant shall ensure to list/upload the product description and image only for its own products which are offered through the Portal. The merchant shall under any circumstances not upload information, links, contact, email ID, phone numbers, or any other kind of promotional content of any third party from their account. Indulging in any such activity can lead to termination of the agreement and suspension of services, including blocking of IP addresses and delisting of such merchant.
08. In the event that the Product(s) furnished on the portal are banned/prohibited due to any reason, the merchant shall immediately update it through the supplier login on site. The merchant hereby agrees to follow and fulfill all the criteria that may be set by the “Authorized Person” before getting access to their services. This may include providing necessary documents, fulfilling paperwork including KYC documentation, and payment of possessing fees as prescribed. Failure to follow the registration process would make the merchant ineligible to access the services. The merchant hereby agrees to follow and fulfill all the criteria that may be set by the “Authorized Person” before getting access to their services. This may include providing necessary documents, fulfilling paperwork including KYC documentation, and payment of possessing fees as prescribed. Failure to follow the registration process would make the merchant ineligible to access the services.
09. The merchant acknowledges and undertakes that when asked for any information, they will provide correct information in good faith. Failure to provide correct information or deliberately providing incorrect information can lead to termination of the contract.
10. One-time possessing fees are non-refundable. Merchants can pay the possessing fees by way of online payment with an additional tax of 18% GST.
11. The merchant can cancel the agreement; he/she has to prior inform the “Company” by email or call.
12. The merchant cannot sell his/her goods and services to customers at a higher price than the MRP. In case the goods and services do not have MRP, the merchant will sell at the same price at which he/she is selling to another customer.
13. The merchant is not allowed to remove the promotional posters, cards, and balloons of “Authorized Person” from his/her store.
14. Merchant is not allowed to ask the customer to make payment in cash. If, in case it is found that the merchant is taking cash payments then the merchant will be removed from the ZamWays platform.
15. In case of any defect or problem in goods or services sold, the customer has to inform the merchant. Zamways Uniserv Pvt. Ltd. will have no liability in case of refund and return. Hence, the merchant has a liability to return and refund.
16. The merchant hereby commits that they would not engage in any Criminal, Tortious, or Civil misconduct while using the Portal. The merchant also acknowledges and undertakes that the “Company” shall not be held responsible for any civil or criminal liability that may arise due to the merchant’s conduct in carrying out their business. This may include but is not limited to Cheating, Fraud, Non-Delivery of goods, and Lapse in quality of products or services. Further, the merchant also agrees that in case such liability arises, the merchant would indemnify the “Authorized Person” for the same as per the conditions of the Indemnity Clause.
17. The merchant hereby agrees to indemnify, defend, or save harmless the “Authorized Person” in case of any liability, claim, actions, legal suits, petitions, damages or losses, expenses, or liabilities that may arise as a result of any direct or indirect action undertaken by the merchant. These actions may include any kind of Civil wrong, Criminal offense, Tax liability, Breach of duty towards customers, Non-Delivery of goods, Delivery of sub-standard quality of goods, Breach of Commercial Duty towards Consumers, Payment issues with customers, Refund to customers, breach of contractual obligation towards customers, etc. If any such action leads to a liability of the “Authorized Person” then the merchant agrees to refund and/or make good any such loss that may be incurred by the “Authorized Person”. Indemnity would also include legal fees that would be undertaken by the “Authorized Person” to defend such claims arising against it.
18. If there is any defect or problem in the product or service sold, the seller shall replace the product or service with the buyer. The company will have no liability in the refund and return guarantee or warranty policy and this responsibility will remain with a complete merchant.
19. A user will always pay the merchant from our platform. A merchant cannot be asked to user make cash payments or payments in any other way when making a payment. If the incident is proven, the merchant will be removed from the company’s platform.
20. Any unused, abusive content (Images, bad words, spam links), unethical and anti-social, or unauthorized goods and services cannot be sold from a merchant on the ZamWays platform, and legal action will be taken against that merchant caught doing so.