1. ACCESS TO THE SERVICES
The Company owns and operates an online marketplace on www.7iron.in (“Website” or “Site”) which acts as an online platform for different Sellers to sell golf products and for different buyers to access variety of golf products and to purchase the same offered by Sellers. For selling golf items on our platform, You can use our Services by completing the registration process, to enrol as a registered Seller. As a part of the registration process, the Company requires You to agree to the terms and conditions as enumerated in this Agreement so that the sale and purchase of products is effectively carried out between the parties.
Use of the Site and Services is limited to parties that are competent to enter into contract, are of eighteen (18) years of age, are of sound mind and are not disqualified from entering into a contract as per the applicable laws in India. If You are a minor i.e. under the age of 18 years, You shall not register as a Seller on the Website. The Company reserves the right to terminate Your registration and/or refuse Your access to the Website if it is brought to our notice or is discovered that You are under the age of 18 years. If You are a legal person You represent and warrant that (a) You are duly organized, validly existing and in good standing under the laws of the country in which Your business is registered; (b) You have all requisite right, power and authority to enter into this Agreement and perform Your obligations hereunder; and (c) any information provided or made available by You or Your affiliates to the Company is at all times accurate and complete.
3. COMPLETION OF SELLER REGISTRATION
4. SELLERS' LISTING FEES AND PAYMENT TERMS
For listing as a Seller and for undertaking the Services on our Website, no charge is payable. However, We reserve the right to introduce a payment model at any point of time in the future. You should check the fees and terms each time You participate. Notwithstanding the above, the Sellers shall be liable for payment of fulfilment and courier charges which shall be addressed by Us in vendor admin panel. Commercial terms shall be as set out in Annexure A.
5. SELLING OF PRODUCTS
- 5.1. As a registered Seller, You may list item(s) for sale on the Website. You shall upload the product listings for the sale of the products in the appropriate category. You shall also be required to provide all details relevant to the sale / purchase of the products, including the selling price, an informative description of each product (including but not limited to the length, breadth and height of the product) and its contents, by way of text descriptions, graphics, or pictures or videos. These product listings and details shall be displayed on the Website, along with the maximum retail price, which shall be controlled by the Company.
- 5.2. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe Your item for sale. All items must be listed in appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You agree to refund any amount that You may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Company reserves the right to delete such multiple listings of the same product listed by you in various categories.
- 5.3. The Sellers while selling the products on the Website have to list the condition of their item, specify the numbers to be sold on the Website and set the price.
- 5.4. Select shipping method. You can choose to use Company's fulfilment services to do dispatch for You.
- 5.5. The Seller is obligated to sell the goods at the listed price to buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
- 5.6. The Sellers are not allowed to sell certain prohibited items on our Website including but not limited to the following:
- a) Adult Only category
- b) Alcohol
- c) Animals and wildlife products – examples include live animals, mounted specimens, and ivory
- d) Art
- e) Artifacts, grave-related items, and Native American arts and crafts
- f) Catalytic converters and test pipes.
- g) Charity and fundraising
- h) Cosmetics
- i) Counterfeit currency and stamps
- j) Credit cards
- k) Currency
- l) Drugs and drug paraphernalia
- m) Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
- n) Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
- o) Embargoed goods and prohibited countries – examples include items from Cuba
- p) Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
- q) Food and healthcare items
- r) Gift cards
- s) Government documents, IDs, and licenses
- t) Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
- u) Lottery tickets
- v) Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
- w) Military items (see also firearms, weapons, and knives)
- x) Offensive material – examples include ethnically or racially offensive material
- y) Pesticides
- z) Plants and seeds
- aa) Police-related items
- ab) Prescription drugs
- ac) Stocks and other securities
- ad) Stolen property
- ae) Surveillance equipment
- af) Tobacco
6. PURCHASE AND DELIVERY OF THE PRODUCT
- 6.1. When a buyer elects to purchase a product through the Website, Company shall receive the order for the product only in the capacity of an online marketplace.
- 6.2. For all orders placed on the Website, payments shall be collected by on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. You hereby authorize Us 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 the products through the Website. You also agree that, in doing so, We will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of products through the Website. You also agree that the payment facility provided by the Company is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website
7. RETURNS AND REFUNDS.
For all of Your products where the item description does not match the actual condition of the item, You agree to accept and process returns, refunds and adjustments in accordance with this Agreement. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by You to buyers in connection with Your transactions. Once the amount is determined we will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse Company payments for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by the Company to Sellers under this Agreement or seek reimbursement from Seller. You will promptly provide refunds and adjustments that You are obligated to provide under the applicable Company return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
8. SELLER TAXES
You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that the Company is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Company’s payments expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Company and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by You on or through the Site, or otherwise in connection with any action, inaction or omission of You or any of Your affiliates, or any of Your or their respective employees, agents, contractors or representatives.
9. INTELLECTUAL PROPERTY RIGHTS
- 9.1. Both parties agree that the brands/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 brands/logos/trademarks of the other party without being specifically authorized in writing by that other party. You recognize and confirm that the company has the exclusive right to supervise, allow and reject the contents uploaded by the Sellers on the Website. Company shall not be liable for contents and images shared, uploaded or displayed on the Website by the Seller regarding the Sellers’ products and all consequent liability will be borne by the Seller only.
- 9.2. You hereby grant to the Company the right to display/delist any product at any or all times along with the related logo and/or trademark and/or brand name, etc., of the products for marketing/selling through the Website.
- 9.3. You hereby authorize the Company to use and include Your trademarks (as may be provided by You from time to time) and Your corporate name on the Website and in any directory or promotional material produced in connection with the promotion of the Website or the products offered by You on the Website.
- 9.4. You acknowledge that the Company is merely an intermediary with respect to the products listed on the Website. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any products/third party trademark or copyrighted matter on the Website (including availability or sale of counterfeit goods on the Website), Company may, at its own discretion, remove / delist the allegedly infringing products / content from the Website, with or without prior notice to You.
You will defend, indemnify and hold harmless the Company and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (as “Claim”) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) Your own website or other sales channels, the products You sell, any content You provide, the advertisement, offer, sale or return of any products You sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products You sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes.
11. LIMITATION OF LIABILITY
The Company will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the participation agreement, the site, the Services, the transaction processing Service, the inability to use the Services or the transaction processing Service, or those resulting from any goods or Services purchased or obtained or messages received or transactions entered into through the Services.
12. NO WARRANTIES.
The Site and the Services are provided on an "as is" basis. The Company does not make any representations or warranties of any kind, express or implied, including without limitation:
- a. the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- b. that the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- c. that the information, content, materials, or products included on the site will be as represented by Sellers, available for sale at the time of fixed price sale, lawful to sell, or that Sellers or buyers will perform as promised;
- d. any implied warranty arising from course of dealing or usage of trade; and
- e. any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of the company.