SELLER AGREEMENT

Your use of www.souvnirs.com and all the web pages, hyperlinks, tools, and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("Seller Agreement"). This Seller Agreement shall come into effect upon each visit or usage of the Website or upon your registration, or upon you providing any information on the Website. In this Seller Agreement, you are contracting with Recharge Trendd Setter Pvt Ltd, the parent organization of Souvnirs India incorporated under Companies Act, 1956 with its registered office at 304, Vikram Urbane, 54 – Mechanic Nagar Extension, Indore, India, hereinafter referred to as "the Platform" which expression, unless the context other require, shall mean and include its successors, liquidators and assigns.

For the purpose of the Seller Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who have used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered Seller is one who has allocated himself/herself a unique identification user name ("User ID" and "Password") to become a Registered Vendor/Seller. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators, and permitted assigns.

Amendments to the User Agreement

The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers:

The following disclaimers are the key to determining any relationship between you and the Platform for Your use of the Website and for Platform providing any services on the Website:

  • Platform and its suppliers, affiliates, and service providers provide the Website and services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your
  • The responsibility for the correctness of the declarations displayed on the Platform in relation to the products shall lie with you.
  • The Platform, its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or
  • The Website is only a venue where sellers may exhibit their gifting items/products to the potential buyer. Platform neither recommends you to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Further, Platform does not guarantee, warranty or provide any assurance on the behavior of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide You with necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.
  • Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain gems and jewelry certification services, and payment facilitation through a nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third-party service providers to perform these services. The Platform may on a reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".
  • You understand, agree, and acknowledge that the Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents, etc. are not eligible to  use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor, if you wish to purchase or sell an item on the Website such a purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

 

Your Account and Registration Obligations

 

If you use the Website as a Registered Vendor, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor or user of a third-party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current, or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

 Payment Terms:

  • In order to purchase your product from you, we will share an advance of 10% of the total billing amount on the approval of your sample.
  • 90% of the payment will be paid within 30 days of the billing date.
  • GST Payment will be done after your submission of the GST

 Packaging Terms:

  • On receipt of 10% of the total billing amount, your products should be prepared and dispatched according to the timescales and delivery location agreed.
  • Where stock is immediately available, for smaller quantities (MOQ 500) expect the delivery within 2-3 working days.
  • For larger volumes (More than 500), we expect the delivery within 5-10 working days. Bespoke and branded items can take longer. On every order, the delivery time can be discussed. Please ensure that you deliver your products on the committed time.

Product Availability:

  1. Sellers/vendors are suggested to maintain good stock levels on all gift items listed on the Souvnirs website but if occasionally a gift item may become unavailable, we should be informed and the same will be updated on the site.
  2. When this happens, we will replace it with a suitable substitute of the same or higher value and always maintain the overall look and intention of our site.

Delivery Terms:

  1. You should ensure delivery of your gifts within pre-decided timescales
  2. Standard service takes on average 5-7 working days from point of dispatch, with 90% of gifts arriving on time. You should promise a guaranteed delivery service for 100% assurance of delivery within 7 days. 
  3. Any subsequent customs or duty charges applied in the delivery services will be the responsibility of the gift partner/contracting organization and not of Souvnirs India.
  4. You may share individual tracking numbers for each gift sent. This enables our team to see when all gifts have been delivered or not.
  5. We will provide you with the accurate address information for delivery. It is very important that you check and verify all address details in advance of dispatch as Souvnirs India cannot be held responsible for incomplete deliveries that are due to your improper communication with the delivery partner.

Return Policy:

If any gift item is broken or missing or malfunctioning or there is any kind of fault found in the gift item it will be returned to the gifting partner or will be considered undelivered. In that case, we should be able to reissue the product without any additional charge.