Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
It is your responsibility to safe-guard secret information such as this company website password and financial instrument information such as credit card number and net banking password. The company is not liable for any misuse including financial loss from your account in case of stolen credentials. You will inform the Company immediately in case of knowledge of loss or theft of password.
The Company may accept payments by cash on delivery, cheques, credit cards, debit cards and net banking facility provides by its payment gateway partners. The payment options may be revised from time to time to increase payment options available to you and/or to improve the payment experience. We reserve the right to take legal action against you – including but not limited to sharing your data with appropriate third parties – in case of fraudulent payments. In case COD orders are refused by customer, the customer is liable to reimburse the Company for shipping costs to and fro along with any COD fee. The Company can take legal action and is subject to Rajasthan jurisdiction.
Products sold can be returned within 7 days of receipt if they are damaged or not the right product. It is your responsibility to inform the Company via email / phone as soon as you are aware of any problems due to which you want to return the product.
Returns may be entertained if:
- You have received incorrect product(s)
- You have received damaged or expired product(s)
Returns will generally not be entertained if:
- Product is a food Item that is opened
All Returns are at the discretion of the Company
You will need to ship returned product(s) back to return address provided to you. You may be reimbursed for reasonable shipping cost at the Company’s discretion.
Order cancellations will generally not be entertained beyond 24 hours after making order. If the Company determines order has not been shipped then a cancellation will be entertained and credit will be in form of credit to the Wallet. The Company reserves the right to allow cancellation of order at its sole discretion. Refunds due to cancellations are processed within 3 business days. At Company discretion a 15% restocking fee may be applied for canecallations during exceptional conditions such as but not limited to conditions of high demand.
We retain the right to charge you the following fees for orders. However, we may not charge you based on the Company’s discretion.
- Shipping & Handling Fee – This fee will be used to completely or partially cover our costs of shipping and handling your order. The fee amount will always be disclosed to you prior to payment.
- Cash on Delivery Fee – This fee is in addition to the above Shipping & Handling Fee and in an additional levy by courier which we pass on to the buyer.
We will make best efforts to ship your order as soon as possible. In case, we are not able to ship your complete order within 2 business days (except orders shipped from outside India), we will notify you about the delay.
The products including the description, price, images etc are provided to us by the suppliers. We use them for informative purpose only. The rights to these reside with the content owners. Product prices and availability are subject to change without notice. We will not be liable for delivery of ordered products to wrong address due to incorrectly provided shipping address. Responsibility of providing correct shipping details along with the order lies with you.
Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded. Refunds, if any, are at the sole discretion of the Company and are limited to the amount of order under dispute. By default, refunds will be made to same payment instrument used for Service unless otherwise specified by Client. Refunds will be credited within 5-15 business days and is dependent on bank/card.
Unless otherwise stated, the services featured on this website are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
The laws of India govern these terms and conditions. By accessing and using this website you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are advised to re-read this page on a regular basis to ensure awareness of any change in terms and conditions.
Under this agreement:
1. Party 1 is Marketplace and Party 2 is Seller participating in Party1 Marketplace
2. Party 1 operates 2. shop.swadeshiupchar.in Party 2 agrees to sell to Party 1 customers
3. Party 2 will register as a seller on https://shop.swadeshiupchar.in 4. Party 2 agrees to only sell authorized authentic products which are in good condition and not expired
5. Party 2 is responsible for all taxes while shipping to customer directly. Party 2 will replace to customer products if they are accidentally damaged or lost during transit.
6. Party 2 will get notified by email about new orders, shipping reminders, complaint reminders and payments. The data related to orders, complaints and payments will be available in the Seller Panel provided to customer.
7. Communication email address with and by Party 1 will be 7. email@example.com during normal course of business
- Party 2 will pay a one-time seller registration fee of Rs. 2000 plus GST at prevailing rate. This fee is non-refundable and can be waived at discretion of Party 1.
- Commission is charged on sales and is dependent on many factors such as type of products / categories / number / value etc brought by Party 2 for listing on Party 1 website. Please check with Party 1 for commision prior to selling. The default is 20% based on category. It may be increased or lowered in consulation by both parties. Goods & Service tax on commission is extra based on government regulations. If MRP is Rs. 100 and Selling Price is Rs. 90 then commission will be charged on Rs. 90.
- Party 1 will be listing Party 2 products for a fee of Rs. 0 per product per year. Goods & Service tax on listing fee is extra based on government regulations. There is a one time registration fee of Rs. 0 plus GST (fee has been waived till Mar 31, 2020).
- Party 2 will pay a fixed subscription monthly fee of Rs. 0. Goods & Service tax on subscription fee is extra based on government regulations. This fee may be waived based on Party 1 discretion based on unique products being provided by Party 2
- Each product that is refunded to customer due to seller fault such as non shipment or non resolution of complaint will incur a penalty of 10% of selling price or Rs. 20 whichever is higher
- Each order where a late shipment is detected by Party 1 will be charged a flat penalty of Rs.50 unless a valid reason along with an apology and reason is provided in comments by seller while updating the tracking information. Cash on Delivery orders must be shipped on same or next business day to avoid the late shipment penalty. All orders are expected to be shipped within 1 business day for good customer experience. Orders received before 1 pm are expected to be shipped same business day.
- Fees may be changed at any time after the first year by giving prior notice of 2 weeks during which Party 2 can decide if they wish to continue with new fee structure.
1. Party 2 may set a shipping policy. Allowed policies are:
a. FREE or
b. FREE over Rs. TBD else Rs. TBD . (example Rs.50 below Rs.500 and free above) or
c. Rs. TBD per order (example Rs 50 per order)
2. 3% shipping payment processing fee will be deducted from Party 2 payout in case shipping fee is set by Party 2. This fee is charged only on the shipping fee.
3. Party 2 will ship to customer with its own invoice inside the box. Party 2 will print the address label and packing slip from the Seller Panel and use it while shipping
4. Good quality neutral branding cardboard box or bubble wrap will be used for shipping
5. Party 2 will be shipping the order within 24 hours (Sunday and public holiday excluded)
6. Party 2 will enter shipping tracking details in the Seller Portal. If shipping details are not received for paid in stock products within 3 calendar days; the order will be refunded. If there is going to be a delay in shipping the order it should be notified in email to ensure customer concurrence. If customer is ok then no refund will be applied. Orders undelivered for 10 days from order date will be eligible for refund if requested by customer. Full commission will be charged for all refunded orders. Party 2 will work with customer and Party 2 to resolve issue. Decision of Party 1 will be final w.r.t refunds.
7. Party 2 agrees to pay all charges related to usage of ShopHealthy Logistics service. Latest schedule is available to registered sellers on request.
1. Party 1 will be clearing Party 2 payments on a fixed date of every month – 15th and last day of month based on of list of unpaid delivered orders by Party 2. Payment will be by electronic bank transfer.
2. Party 2 will update Product related changes via Seller Portal.
3. Party 2 will upload Party 1 website logo hyper linked to the page with Party 2 products on its homepage within one week of launch of Party 2 products on Party 1 site. If this is not in place currently for any vendors but is done for other vendors in the future, Party 1 (https://shop.swadeshiupchar.in) will also be included and listed on Party 2 website.
4. Party 2 will not steer Party 1 customers to its own website or any other sales channel; no direct marketing, direct offers etc. Example, Party 2 will not place promotional material inside the parcel indicating site other than Swadeshi Upchar
5. Party 2 will not discount its products while selling directly on website that is owned directly or indirectly by Party 2. Same or better promotion will be offered to Party 1 as well to avoid channel conflict.
6. Party 2 will not treat its customers preferentially over Party 1 customers (example, delaying our orders over your own)
7. Party 2 is responsible for any liabilty caused to Party 1 on account of its product listings.
8. Party 1 may withold payment for Party 2 orders to settle any claims caused on account of breach of terms & conditions by Party 2.
9. This agreement can be terminated by Party 1 or Party 2 at any time in case of breach of any of the above conditions.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. You can also write to us at:
Road No. 3, Vaihali Nagar
Jhunjhunu – 333021