SELLER TERMS AND CONDITIONS

1. SELLER REGISTRATION


A User who wishes to sell items on Elanic shall register with the Elanic Facility by providing the requisite information/ data on the Elanic Store creation page, referred as Elanic Seller Registration hereon, including details of the seller’s Valid Bank Account. The seller shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to suspend/ terminate the Elanic Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and policies made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.

1A) . Hold, Suspension, and Termination of Elanic Seller Registration

In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the Elanic Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s Elanic Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and policies made thereunder. Seller’s Elanic Seller Registration is subject to the seller remaining an active User of the Website.

Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s Elanic Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.

1B) . Know Your Customer Documentation (KYC)

At the time of Elanic Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with Elanic Facility or at any subsequent date.

The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and policies made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by the seller and may ask for other documents or further information. The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.

2. LISTING AND SELLING


2A) . Listing Description and Pricing

By listing an item on Elanic, you warrant that you and all aspects of the item comply with Elanic's published policies. You also warrant that you may legally sell the item. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process. You must accurately describe your item and all terms of sale in your Elanic shop. You agree to provide, maintain and update the data to keep it true, accurate, current and complete information about yourself as prompted by Elanic's registration form, profile generation, and shop set-up.

Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. You must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties.

All listed items must be kept in stock for successful fulfillment of sales.

If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer.

The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item's price after a sale for the purpose of avoiding Elanic's transaction fees, misrepresent the item's location, or use another user's account without permission. Your price must be inclusive of applicable taxes.

Elanic reserves the right to remove content which is deemed to be inappropriate or that could subject Elanic to legal action.

2B) . Single Listing

You will only make one listing for every single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will update the quantity in the same listing and if all units result in a successful sale, you must be in a position to fulfill all such orders. All listed items must be listed in an appropriate category on the Website.

You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.

All listed items must be kept in stock for successful fulfillment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it.

You shall not make any listing in the nature of 'wanted advertisements' that do not offer to sell an item but invites Users to make an offer to you for sale of any item.

You will also not make an offer, either online or offline or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on Elanic. You will not make a listing on Elanic with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on Elanic or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of Elanic. The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.

2C) . No Infringement of Intellectual Property of Company and Third Parties

You must ensure that the listed items do not infringe upon the intellectual property, trademark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics, and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on Elanic and will hold Elanic and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on Elanic carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.

2.D) . Appropriate Description in Listing

You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or overemphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.

You shall not provide any information such as a catalog of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.

Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.

You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.

Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made thereunder that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.

2.E) . Categories

If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result in cancellation of listing.

2.F) . Clean Sale

If it comes to your knowledge that any Transaction or Attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.

2.G) . Unfair Consumer Practice

You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

2.H) . Feedback

Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.

2.H) . Refusal To Sell

Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item pass on to the buyer. You cannot refuse to sell the item or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item pass on to the buyer only after payment of the Transaction Price and upon Delivery.Pricing: The price of the item proposed to be purchased shall include, if applicable, insurance charges and all other taxes, duties, costs, charges, and expenses in respect thereof.

2.J) . Buyer Satisfaction

You hereby accept the obligation to ensure a high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on the availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such a buyer may have.

2.K) . Ending of Listing

You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in the case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed transaction.

3. INVOICING, SHIPPING AND PRODUCT LIABILITIES

We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging a commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also, any taxation related to the sale of your products like GST, etc is your responsibility. Also, liabilities arising from the use, consumption and/or interaction with your products is solely yours and Elanic will not be responsible for any loss or damage due to your products.

In case of Payment on Delivery Transactions, the Logistics Partner will Deliver the items and collect the Transaction Price and other charges (if any) within the stipulated time. It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever.

4. FEES AND REDEMPTION OF EARNINGS


4.A) . Listing Fees

Elanic does not charge any fees or commission for listing an item for sale, only charges a commission (15% of the sale price) for any transaction fulfilled on its platform.

4.B) . Listing Charges

Elanic charges 15% commission + pickup up charges (starting from Rs. 30 based on the weight of the parcel) for each transaction fulfilled on the platform. The seller has to ship all his orders through Elanic. The commission will be applicable on all Prepaid and COD orders. Penalties will be levied if the seller’s fault is found in product returns such as product is defective/damaged.

4.C) . Redemption of Earnings

The earnings of the seller shall be the sale price fixed by the seller after reduction of Elanic commission and pickup charges. The payment will be credited to the seller’s Elanic wallet after 3 days of completion of every order. The seller can cash out the money to their bank account anytime with no extra charges. The payment due to the seller would be remitted in Seller's bank account.

The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of Elanic and/or it’s Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data, and documents.

Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Elanic wallet contingent upon the following events:

Buyer confirming the Delivery of items in the Transaction, or Buyer not taking any action on the Website to confirm Delivery or non-receipt of the item within 3 days of the expiry of the prescribed Delivery time despite the confirmation of Dispatch of the item by Seller to the Buyer, or Buyer does not raise a refund claim within 3 days of the expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and policies made thereunder and/or applicable law.

The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the Elanic Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data, and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data, and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.

4D) . Government taxes and duties

Elanic shall have the right to withhold earnings in order to pay taxes, duties and other such may arise within the regulatory framework without any prior intimation.

5. HANDLING OF CASHOUT CREDITS

A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Elanic. The number of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable campaign rules provided by Elanic. To the extent permitted by law, Elanic may change the rules at any time and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.

A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that is specified by Elanic. A user will not be able to transfer Credits to any other user or person.

Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the Credits owned by such User will immediately be invalid and cannot be subsequently used. Once expired, Credits will not be reinstated.

6. WARRANTIES AND UNDERTAKINGS


6A) . Seller warrants and undertakes that

All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website does not in any way becomes a party to the contract for the sale of the item.

Seller shall maintain proper proof of pickup receipt of the items sent to the Buyer. They should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of pickup receipt will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.

In the event that:

the Company has the right to take appropriate legal action including the right to set off from subsequent remittances to the seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.

Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the Elanic Facility. In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided hereinabove without any hindrance/ protest. Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.

Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the Elanic Facility.

6B) . Seller verification and refund to Buyers

The Seller authorizes the Company to perform certain checks before remitting the Cash out money to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continued holding the periodic payments (including all future payments) in any of the following conditions:

In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund.

7. TERMINATION

If Elanic terminates a listing or your account, if you close your account, or if the payment of your Elanic fees cannot be completed for any reason, you remain obligated to pay Elanic for all unpaid fees plus any penalties, if applicable.

Elanic reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the App and refuse to provide you with access to the App in case of non-payment of fees by you to Elanic. Elanic also reserves the right to take legal action in case of non-payment of fees by you to Elanic. Elanic reserves the right to refuse any of its services to anyone, for any reason, at any time.

8. PRIVACY VIOLATION

If the seller is found to be sharing their contact details with the buyer or contacting the buyer or trying to take the transaction outside of Elanic by any means, the seller’s account will be terminated immediately and any money in their elanic wallet will be remitted after deducting penalties as found fit by Elanic.

9. DATA RETENTION

The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.

ANNEX 1

LIST OF RESTRICTED ITEMS