Sewa Digital Express
Seller Policy
1. Commencement, Term, Renewal
1.1 Commencement date will be considered the Seller Registered date, after confirmed by Sewa Digital Express then the manual agreement will proceed.
2. Marketing Tools/Support, Products Availability.
2.1 The Seller will keep informed at all times the Sewa Digital Express about the availability of the products in its inventory along with detailed specifications like size, color, texture, etc. as may be required of the product. Once an order is placed by the customer Seller shall be confirmed the availability and have to be honored at all costs.
3. Product Price, Fee/Commissions.
3.1 Seller agreed on product price according to the current market analysis which can be amended with mutual understanding.
3.2 The Seller expressly agreed to pay commissions to the Sewa Digital Express as providing the digital marketplace using the website www.sewaexpress.com. The commissions will be applied as per Category-Wise which is specified in the Schedule A agreement and they will be deducted from the Seller Earning.
3.3 It is expressly agreed by the Seller hereto that the Sewa Digital Express shall be credited to the Seller account the amount of product price from the remittance or any other payment method to the Seller after deducting the Sewa Digital Express commissions.
3.4 The parties will endeavor to perform reconciliation of accounts/orders every 30 days.
4. Seller Dashboard, Order, and Delivery.
4.1 The Sewa Digital Express provides the individual seller dashboard access onwww.sewaexpress.com to upload the products and maintain customer orders.
4.2 The Seller shall upon receiving the order from the customer immediately arrange the products ready for collection by Sewa Digital Express or deliver them to the collection hub center early as possible. In case the Seller fails to make ready the product within (12) hrs. it must notify the Sewa Digital Express forthwith.
4.3 The Seller shall ensure that the products make ready are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Seller to the customer.
4.4 The Seller expressly agreed the shipping cost will be considered as per locations and Categories-Wise which is specified in the Schedule B agreement.
4.5 The Seller agreed to refund/return/replace the defective products supplied to the customer at its own cost and shall not hold the Seller responsible in any manner whatsoever.
4.6 The Sewa Digital Express may, at its will arrange to lift the defective products from the customer however the Seller still be responsible to refund/returning/replacing the defective products. Any charges incurred by the Sewa Digital Express for lifting and forwarding such defective goods shall be on account of the Seller. Sewa Digital Express is at its liberty to deduct such amount from future payables of fresh orders. The Seller hereby authorized the Sewa Digital Express to claim all defective product returns and refunds.
5. Responsibility of the Seller.
5.1 To upload the products, specifications, description, price, quantity, disclaimer, and delivery timelines on the seller dashboard including quality prescribed or provide to Sewa Digital Express to display on the website. Further, the Seller shall always maintain an adequate stock inventory. In case the Seller is running out of supplies or is likely not to fulfill the order received from the customer it shall inform the Sewa Digital Express at least (Two days) in advance to notice of (Out Of Stock) for the product can be placed on the website.
5.2 Seller not to do any act/deal in things/ products/ goods/ services which are either banned by law or violate any of the intellectual property rights of respect of such products.
5.3 The Seller declared that it has all rights and authorizations in respect of intellectual property rights of third parties and is authorized to sell/provide/license such products to the customer. A copy of such authorization shall be provided on demand without failure and/or objection.
5.4 The Seller agreed to indemnify the Sewa Digital Express from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Sewa Digital Express due to acts/omissions on the part of the Seller.
5.5 The Seller agreed not to upload or provide any description/ image/ text/ graphic which is illegal, intimidating, objectionable, vulgar, opposed to public policy, prohibited by law or morality, or violates intellectual property rights including Trademark and copyright of any third party. Further, it will forward the product description and image only for the product which is offered for sale through the website of the Sewa Digital Express.
5.6 To provide a full, accurate, and true description of the product to enable the customers to make a decision. The Seller agreed not to provide any such description and information regarding the product which amounts to misrepresentation to the customer.
5.7 To provide satisfactory proof about the ownership/ licenses of all the legal rights in the products that are offered for sale when requested by the customers or Sewa Digital Express.
5.8 Responsible for any dispute that may be raised by the customer relating to the goods, provided by the Seller.
5.9 The Seller shall always be responsible for compliance with all applicable laws and regulations including intellectual property rights, local sales tax, central sales tax, service tax, value-added tax, standards of weights and measures legislation, sale of goods act, excise and Import duties, drugs and cosmetics act, drugs and remedial magic act, code of advertising ethics, etc.
5.10 If Sewa Digital Express required the product-related documents for the performance of its obligations to provide by Seller within 48 hours of getting a written notice from the Sewa Digital Express.
6. Sewa Digital Express Rights:
6.1The Seller agreed and acknowledges that the Sewa Digital Express at all times during the continuance of this agreement, shall have the right to remove/block/delete any text, graphic, or images uploaded on www.sewaexpress.com. by the Sewa Express Digital without any prior intimation to Seller Party.
6.2 Appropriate disclaimers and terms of use on www.sewaexpress.com. shopping portal shall be placed by the Sewa Digital Express.
7. The Sewa Digital Express Not Liable
7.1 The Sewa Digital Express shall not be held liable or responsible for any loss, injury, or damage to the Seller, or any other party whomsoever, arising on account of any transaction under the agreement or as a result of the products being in any way defective, damaged, in an unfit condition, violating or infringing any laws, intellectual, regulations, property rights of any third party.
7.2 The Sewa Digital Express shall not be liable for any damages or claims arising out of any misrepresentation, negligence, or misconduct by the Seller or any of its representatives.
8. Effects of Termination
The Sewa Digital Express shall have the right to terminate the agreement forthwith in the event:
8.1 If the Seller commits a material breach of any representation, obligations, covenant, warranty, or term of this seller policy, and the same is not cured within 7 days after written notice given by the Sewa Digital Express.
8.2 If the Seller is in infringement of the third-party rights including intellectual property rights.
8.3 This policy may be terminated without reason by either party upon written notice of 30 days. the policy shall stand terminated after the expiry of such a period.
8.4 If an insolvency request is filed against the Seller.
8.5 In case of termination or expiry of this policy, the Sewa Digital Express shall remove the Links and shall discontinue the display of the products on the online shopping portal www.sewaexpress.com. with immediate effect.
8.6 The Sewa Digital Express shall not be liable for any loss or damages(direct, indirect, or inconsequential) incurred by the Seller by the termination of this policy.
8.7 During the period under notice both the parties shall be bound to perform their obligations.
9. Jurisdiction
9.1 This seller policy is subject to the exclusive jurisdiction of competent Courts of law in Nepal only.
9.2 The laws of Nepal, as are in force, shall apply to the present seller policy.
9.3 The Sewa Digital Express is entitled to obtain Exparte ad-interim injunction orders restraining the Seller to prevent any loss in material terms or terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Sewa Digital Express by the Seller.
10. Notices
10.1 All notices and other communication under this agreement shall be in writing, in English or Nepali language, and shall be caused to be delivered by hand or sent by telex, fax, email, or courier.
11. Intellectual Property Rights
11.1 The Seller expressly authorizes the Sewa Digital Express to use its trademarks/ copyrights/ designs/ logos and other intellectual property owned and/or licensed by it for reproduction on the website and at such other places as the Sewa Digital Express may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this agreement, each Party shall retain all right, title, and interest in their respective trademarks and logos and that nothing is contained in this agreement.
12. Entire Policy
12.1 This Seller Policy embodies the entire policy and understanding of the parties and supersedes any other prior and contemporary policy, correspondence, arrangements, and understandings (whether written or oral) between the parties concerning its subject matter.
13. Limitation of Liability
13.1 Except in case of breach of contract, under no circumstances, will either party be liable to the other party for lost profits, or any incidental, indirect, consequential, exemplary, or special damages arising from the subject matter of the Seller Policy, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as to the loss of revenue or anticipated profits or loss business unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.
14. Confidentiality
14.1 The contents of the Seller Policy and any information passed on by the Sewa Digital Express to the Seller are highly confidential and the Seller agreed and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated, or made available to Seller under this policy. The said information shall not be used by the Seller or its agents, servants, representatives, or any person acting through or claiming through the Seller for any purpose other than for the performance of its obligations under this policy. The Seller agreed that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury which may be difficult to ascertain. Accordingly, Second Party agreed that the Sewa Digital Express shall have the right to obtain an immediate injunction from any court of law ensuing breach of this policy and/or disclosure of the confidential information. The Sewa Digital Express shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
15. Relationship of Parties
15.1 Nothing in this policy will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Sewa Digital Express shall not be responsible for the acts or omissions of the Seller and shall not represent the Sewa Digital Express, nor has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Sewa Digital Express.
16.1 No waiver of any breach of any provision of this agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.
16.2 Except as expressly set out in this policy, no amendment is binding on the parties unless it is in writing and signed by a duly authorized representative of each party.
0
0
0