Terms & Conditions

GENERAL CONDITIONS OF CONTRACT Encriss Technologies LLP, a company incorporated under the LLP Act, 2008 under the CIN No.AAD 6891 with its registered office at 1/002,Heritage city, MG Road, Gurugram 122009 India owns and operates an online marketplace on the website located at the URL ‘www.gmart.in’ and ‘Gmart’ ecommerce platform which acts as an online platform facilitating different Merchants to sell their Products and enabling different Customers to purchase the Products offered by the Merchants and the Merchant being desirous of using the Online Marketplace of offer and sell various Products to the users of the Online Marketplace and have completed gmart’s Merchant Registration Form to enroll as a registered Merchant on the Online Marketplace agrees to the following General Conditions of Contract.

The following words and terms, whenever used herein, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below:“Agreement”means the Services Agreement entered into between the Service Provider and the Merchant, read with these Conditions of Contract which are incorporated therein by reference;“Customer” means a user of the Online Marketplace who contracts with the Merchant to purchase Product(s) from the Merchant by placing an order through the Online Marketplace;“Damages” include claims, demands, actions, suits, losses, costs, charges, fees, expenses, damages and liabilities whatsoever, including reasonable attorneys’ fees and expenses;“Services” means operation and management of the Online Marketplace to enable the Merchant to display and offer Products for sale on the Gmart Marketplace;“Merchant” means a natural person, proprietorship, partnership,manufacturer company or other entity who has entered into an Agreement with the Service Provider for the sale of their Products through the Online Marketplace;“Online Marketplace” means the marketplace owned and operated by the Service Provider through its ecommerce platform website – “gmart.in” “Parties”mean the Merchant and the Service Provider collectively, and a Party shall be construed to mean either one of them;“Products” mean the goods or any other products listed by the Merchant for sale to Customers on the Online Marketplace;“Sale Price” means, with respect to a Product, the price at which the Merchant lists such Product for sale on the Online Marketplace, not being higher than the maximum retail price for such Product;“Service Provider” means Encriss Technologies LLP, a company incorporated under the LLP Act, 2008 under the CIN No.AAD-6891 with its registered office at 1-002,Heritage city,MG Road, Gurugram 122009 India and includes its successors and assigns;“Services” mean the the Services, but no other services provided by the Service Provider unless specifically agreed to in writing.Terms defined elsewhere hereunder shall, unless otherwise indicated, have the meaning so ascribed to them.

PRODUCTS AND ORDERS

The Merchant shall provide the Service Provider requisite details of the Products, including without limitation all details statutorily required to be displayed along with an offer for sale of the Products on the Online Marketplace. The Merchant shall ensure that the product listing shall contain all details along with the MRP and list price and confirms and acknowledges that such details shall be in compliance with all applicable laws including but not limited to the Legal Metrology Act. The Merchant acknowledges, agrees and undertakes that he / it will never obliterate, smudge or alter the Maximum Retail Price (MRP) indicated by the manufacturer or the packer or the importer. In the event of a Merchant being found in violation of this clause, the Service Provider at its sole discretion may impose a penalty as it deems fit. The specific terms and conditions of each transaction (such as pricing, warranties, delivery, etc.) entered into through the Online Marketplace are established between the Merchant and the Customer. The Online Marketplace is a venue through which the Merchant and the Customer can transact. The Customer decides with whom to do business. All commercial/contractual terms in respect of the Product/Services are offered by Merchant and agreed upon between Merchant and the Customer alone. The commercial/contractual terms in respect of Product include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties, if any. The Service Provider does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms in respect of Product between Merchants and Customers. Merchant understands, agrees and acknowledges that the Service Provider is an intermediary which facilitates the online transaction for sale of Products between the Merchant and Customer and that there is no privity of contract between the Customer and the Service Provider; and it shall be a bipartite transaction between the Merchant and Customer and as such the Service Provider shall not be a party to the same.The Parties shall from time to time mutually agree upon the Products that shall be available for sale on the Online Marketplace, provided that the Service Provider shall at its discretion be entitled to remove any Products listed on the Online Marketplace.It is expressly agreed that the Service Provider shall not be responsible for claims made by Customers in respect of the Products, whether relating to their quality or description or otherwise including without limitation on account of unavailability, inaccurate product information or descriptions, delay or damage in transit etc.The Parties agree that the Merchant shall solely be responsible for delivery of all Products ordered through the Online Marketplace (including risks associated therewith) and assumes full and sole responsibility of ensuring that the delivery is duly made in the manner required.The Merchant undertakes that no Product(s) shall consist of any illegal goods, including, but not limited to contraband / counterfeit products etc and the Merchant shall not attempt to sell any products falling in the category of product prohibited for sale in India under any law for the time being in force. The Service Provider shall be entitled to block all such products and shall also have the right to suspend or terminate the Merchant’s access to the Online Marketplace and/or terminate this agreement forthwith.The Merchant may have his own return policy and the same will be clearly stated and made known to the Customer before the Customer places an order on the Online Marketplace. The Service Provider does not provide any refund or returns policy to the Customer on behalf of the Merchant.The Service Provider reserves the right to determine the Merchants who may sell on the Online Marketplace. The Service Provider also reserves the right to suspend access to registered Merchants to the Online Marketplace, or to terminate such access granted under these General Conditions of Contract, without assigning any reasons thereto. The Service Provider also reserves the right to select/delist the Products displayed/offered for sale or to be displayed/ offered for sale on the Online Marketplace.

FEES, CREDIT AND PAYMENTS

Payments of Sale Price by the Customer shall be initially collected by the Service provider through payment gateway modeland C-o-D.The Merchant acknowledges that any such payment collection by the Service Provider shall be through payment gateway and C-o-D. Further, by providing the payment facility, the Service Provider is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Online Marketplace. Advanced Sale Price collected by the Service Provider shall be settled with the Merchant within timelines that are mutually agreed subject to deductions, if any.The Merchant agrees to pay to the Service Provider a charges or commission on sale transactions and for the Services at the rate stipulated in the Agreement for use of the Gmart Online Marketplace and for listing /sale of its products on the through the Online Marketplace.The Merchant agrees that all Products sold by it through the Gmart Online Marketplace shall be evidenced by invoices in the name of the relevant Customer.The Merchant further agrees and acknowledges that the Service Provider shall charge a transaction based fee calculated on the rate to be mutually agreed between the Merchant and the Service Provider for each order placed by a Customer on the Merchant through the Gmart Online Marketplace.Where any Service Fee due to the Service Provider pursuant to the Agreement, or other amounts are otherwise payable to the Service Provider by the Merchant, the Service Provider may deduct such amounts from payments required to be made by it, provided that the Service Provider shall provide the Merchant the details of such deductions.Payments made by the Merchant to the Service Provider shall be subject to statutory deductions of tax at source.The Merchant shall be responsible for all taxes, duties, fees, or any other charges of any nature (including, but not limited to value added taxes, sales tax, goods and services tax, octroi, entry tax, local body tax and all items of withholding, penalty, assessment thereto) imposed by any governmental body in relation to the sale of Products.