Seller Terms & Conditions

SELLER TERMS & CONDITIONS

Last updated on: March 01, 2022

These Seller terms and conditions (the “Seller Terms and Conditions”) shall be applicable specifically to Sellers (defined hereunder) in addition to the “Terms of Use” available at https://cointacted.com/. These Seller Terms and Conditions describe the terms on which a Seller can avail the Seller Services (defined hereunder) through the Platform.

In the event of any conflict or inconsistency between the Terms of Use and these Seller Terms and Conditions, then the provisions of these Seller Terms and Conditions shall prevail, to the extent of such conflict or inconsistency.

PLEASE READ THESE SELLER TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS A SELLER ON THE PLATFORM. THE SELLER’S REGISTRATION ON THE PLATFORM SHALL SIGNIFY THE SELLER’S UNCONDITIONAL ACCEPTANCE OF THE SELLER TERMS AND CONDITIONS AND THE SELLER’S AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

  1. Defined terms
    1. All defined terms used in these Seller Terms and Conditions shall have the same meaning as assigned to them under the Terms of Use, unless otherwise specifically defined herein. The Seller Terms and Conditions, together with the Terms of Use and Cointacted Return and Refund Policies, shall be referred to as the ‘Terms of Use’ of the Platform in relation to the Seller.
    2. The following defined terms shall apply in these Seller Terms and Conditions:
      1. “Buyer” shall mean a buyer of the Products listed on the Platform.
      2. “Estimated Shipping Date” shall mean, with respect to any of the Seller’s Products, either: (i)  the shipping availability date specified by the Seller in the relevant inventory/Product data feed for the Seller’s Product on the Platform;
      3. “Required Product Information” shall mean, with respect to each of the Seller’s Products listed on the Platform, the following: (i) description of the Product; (ii) other identifying information as Cointacted may reasonably request; (iii) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Cointacted from time to time); (iv) categorization within each Cointacted Product category and browse structure as prescribed by Cointacted from time to time; (v) digitized image that accurately depicts only the Seller’s Product and does not include any additional logos, text or other markings (vi) sales price; (vii) shipping and handling charges; (viii) any text, disclaimers, warnings, notices, labels or other content required by applicable law or otherwise to be displayed in connection with the offer, merchandising, advertising or sale of the Product; (ix) brand details; (x) model specifications; and (xi) any other information reasonably requested by Cointacted (e.g., the condition of used or refurbished Products).
      4. “Seller” shall mean any person registered on the Platform as a seller of the Products listed on the Platform.
      5. “Seller Services” shall mean the services described in Clause 3 of these Seller Terms and Conditions.
      6. “Shipment Information” shall mean, with respect to any of the Seller’s Products, the estimated or promised shipment and/or delivery date, with other delivery details, if any.
      7. “Cointacted Refund Policies” shall mean the return and refund policies applicable to the Products, as published on the Platform.
  2. Registration
    1. The Seller shall be permitted to access the Platform and use the Seller Services, only upon creating an Account by registering on the Platform.
    2. The Seller’s ability to continue using the Platform to avail the Seller Services is subject to continued registration on the Platform.
    3. In order to register as a Seller on the Platform, the Seller will be required to create a username and password, and provide such details as indicated as necessary, including but not limited to the Seller’s name (or name of shop/ other entity, as the case may be).
  3. Seller Services
    1. The Platform provides the following services for Sellers (collectively, “Seller Services”):
      1. It provides an online marketplace wherein Sellers can list their Products at any point of time for sale on the Platform, along with the Required Product Information for each Product provided by the Sellers to Cointacted. Sellers shall provide the Required Product Information in the format and manner as specified by Cointacted. The Seller shall promptly update the Required Product Information as and when required and ensure that it shall, at all times, remain accurate and complete;
      2. It facilitates the sale of Products, making payments for such Products, and any other communications between Buyers and Sellers as per the terms hereof, including facilitating the shipment, return or exchange of Products, where applicable, or cancellation of orders/Products;
      3. It provides for various Product categories on the Platform, under which the Seller may list his/its Products for sale. Cointacted reserves a right to modify such listing of the Product by the Seller, at any time and in the sole discretion of Cointacted;
      4. It enables Cointacted to share details of the order placed by a Buyer on the Platform, listing out the specifics of the Product to be sold by the Seller;
      5. And, any other services as may be provided or offered by Cointacted to the Sellers from time to time.
    2. The Seller Services are only being provided to facilitate sale of Products on the Platform, and Cointacted shall not be responsible for the transaction to be entered into between a Buyer and a Seller. All commercial and contractual terms for any sale of the Products through the Platform are those offered by the Seller only, and the Products shall be sold on such terms as agreed upon between the Seller and the Buyer alone. Such commercial and contractual terms include without limitation Product prices, terms, date, period, warranties and after-sales services. Cointacted does not determine, advise, have any control over, or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the Sellers and the Buyers.
    3. Buyers may provide feedback, review, ratings and comments about the Seller. The Sellers agree and accept that the ratings provided on the Platform are on the basis of such feedback and comments of the Buyers only, and that Cointacted is in no manner responsible or liable for the same. All views and opinions expressed on the Platform by the Buyers, are those of the individual Buyers only, and do not in any way reflect the opinion of Cointacted. Cointacted shall not assess or rate any Seller on the Platform. Further, in case of any service-related complaints or negative feedback from a Buyer, Sellers agree to address or resolve the matter in a speedy and amicable manner. Cointacted shall not, and is not required to, mediate or resolve any dispute or disagreement between any Seller and Buyer.
    4. If any Seller consistently receives negative feedback from Buyers, Cointacted shall have a right to take such action as provided under Clause 7 below, without prior notice to the Seller.
  4. Conditions of Listing
    1. Cointacted shall, in its sole discretion, have the right to de-list any or all of the Products listed on the Platform by a Seller based on such factors as it deems fit, including but not limited to any complaints received from Buyers in relation to any Product. 
    2. Cointacted does not provide any guarantee to Sellers that listing the Products on the Platform by the Sellers will result in leads from the Buyers, or in any specific volume of sales, or completion of any transaction of sale.
  5. Representations and Warranties by Sellers
    1. By registering on the Platform and/or listing any Products thereon, each Seller represents and warrants that:
      1. the Seller is the legal owner/authorised reseller/dealer of each Product which the Seller lists on the Platform, and the Seller has all rights to list and offer for sale, the said Products on the Platform, and by doing so, the Seller is not violating or infringing upon the rights (including the intellectual property rights) of any other person, and any applicable laws;
      2. all the Required Product Information of the Products listed on the Platform, which is provided by the Seller, is current, complete and accurate;
      3. the Seller shall, at all times, offer the Products for sale to the Buyers registered on the Platform on such price, terms and conditions which are not less advantageous than the price, terms and conditions offered by the Seller to any other person;
      4. the Seller shall ensure that he/it sources and sells Products in accordance with the terms of the applicable order information shared by Cointacted. The Seller shall be solely responsible for and bear all risk in relation to such procurement and sale activities;
      5. the Seller : (i) shall package each of the Products sold by the Seller in a proper manner, as per industry standards, to ensure that no damage is caused to the Product during delivery; (ii) shall regularly retrieve order information by checking the Seller’s Account on the Platform at least once each business day; (iii) shall not cancel any of the sale transactions except as may be permitted in accordance with the cancellation policy; (iv) shall identify itself/himself as the seller of the Product on all packing slips and other documents/information; and (v) shall not send Buyers any emails confirming orders.
        For all the Products listed on the Platform, the Seller shall accept and process returns, refunds and adjustments in accordance with Cointacted Refund Policies found at [https://www.cointacted.com].
  6. Required Product Information
    1. Cointacted reserves the right to use all Required Product Information provided by Seller towards arranging and compiling catalogues of such information. Such arranged and compiled catalogues, including the Required Product Information and all other content contained therein, shall always be the property of Cointacted, and no person, including Seller, shall make any claim, whether proprietary or otherwise, in respect of such catalogues.
  7. Disclaimers
    1. Cointacted does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the Products offered to be sold, or purchased on the Platform. Cointacted does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Platform. Cointacted accepts no liability for any errors, defects or omissions, and provides no guarantee to rectify such errors, defects or omissions, whether on behalf of itself or any third parties.
    2. Cointacted shall not be responsible or liable for any non-performance or breach of any contract between Sellers and Buyers. Cointacted cannot, and does not, guarantee that Sellers and Buyers will perform the transaction(s) as concluded on the Platform. Cointacted shall not, and is not required, to mediate or resolve disputes or disagreements between Sellers and Buyers, as Cointacted is only a facilitator of the sale transaction on the Platform.
  8. Remedies
    1. Cointacted reserves the right, at any time to remove one or more of the listing(s) of the Seller on the Platform; and/or (ii) limit or remove access of the Seller to the Platform/Seller Services or any part thereof; and/or (iii) delete the Account of the Seller.
  9. Seller’s Obligations
    1. Sellers are responsible for any non-delivery, wrongful delivery, theft or other mistake or act in connection with the fulfilment and delivery of the Products ordered, except to the extent caused by Cointacted’s failure to provide the order information to the Seller as it was received by Cointacted. Further, the Sellers are also responsible for any non-conformity or defect in, or any public or private recall of, any Products, which shall be solely at the Seller’s cost and expenses. Sellers will promptly notify Cointacted on receiving knowledge of any public or private recalls of Products.
    2. The Seller shall initiate the delivery process on every Product order information received by it/him promptly, not later than announced in the offer term of dispatch (Dispatched in X Days) from the date of receipt of such order information.
    3. If Cointacted informs any Seller that Cointacted has received a claim from any Buyer on the Platform, or any request for chargeback or other dispute, concerning a sale transaction, the Seller must deliver to Cointacted: (a) sufficient proof of delivery of the Product(s); (b) the applicable Cointacted order identification number; and (c) a description of the Product(s). If a Seller fails to comply with the foregoing, or if the claim, chargeback, or dispute is not caused by Cointacted’s failure to make the order information received by it, available to the Seller, then the Seller will promptly reimburse Cointacted for such amount as notified by Cointacted in relation to such Product purchase (including the purchase price, all associated shipping and handling charges and all taxes, all associated credit card association, bank or other payment processing, re-presentment and/or penalty and fees).
    4. The Seller will not, and will cause Seller’s affiliates not to, directly or indirectly: (i) disclose or convey any transaction information carried on the Platform (except as necessary for the Seller to perform the Seller’s obligations under the Terms of Use and these Seller Terms and Conditions, and provided that the Seller ensures that every recipient uses the information only for that purpose and complies with the restrictions applicable to Seller related to that information); (ii) use any transaction information carried on the Platform for any marketing or promotional purposes whatsoever (except as permitted below), or otherwise in any way inconsistent with Cointacted’s privacy policies or applicable laws; (iii) contact a Buyer that has ordered a Product that has not yet been delivered, with the intent of collecting any amounts in connection therewith, to influence such Buyer to make an alternative purchase, or to harass such Buyer; (iv) disparage Cointacted, its’ affiliates, and/or any of their other products or services; or any Buyer; or (v) target communications of any kind on the basis of the intended recipient being a User. The terms of this Clause do not prevent Sellers from using other information that Sellers acquire without reference to the transaction information carried on the Platform for any purpose, provided that the Sellers do not target communications on the basis of the intended recipient being a User, and provided the same is in compliance with these Terms of Use.



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