Seller Privacy Policy

The Website / Mobile App is currently owned and operated by UNTAG FASHIONS PRIVATE LTD, 

The BAZOKI MARKETING AND DISTRIBUTION AGREEMENT (TERMS OF USE / MDA) was last updated on 1.08.2017

The Terms of this agreement is effective as of 1.08.2017

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

 

ACCEPTANCE OF TERMS

1.  The terms and conditions for marketing and distribution of products / services set forth below ("MDA") and the Privacy Policy (as defined below) constitute a legally-binding agreement between UNTAG FASHIONS PRIVATE LTD ("UNTAG”), and you (i.e the Seller of any product or service through the WEBSITE).

You and BAZOKI may be referred to as ‘Party’ individually and as ‘Parties’ collectively, as the context may require.

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the UNTAG website and mobile application, including all content and services offered by YOU  either directly or through any third party ("Service Professional") through the domain and sub-domains of UNTAG located at www.BAZOKI.com (collectively referred to herein as the "Website"), and (ii) the online transactions between UNTAG and those users (each, a "Client") of the Website who are obtaining services (such services, collectively, the "Services") through the Website. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of information relating to the PRODUCTS AND SERVICES being offered by UNTAG, either directly or thorugh any third party Service Professional, and by using, visiting, registering for, and/or otherwise participating in this Website, including the Products & Services presented, promoted, displayed & sold on the Website, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are a prospective Seller, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Products & Services availed of / purchased through the use of the Website, (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein, and (5) you shall be bound by all the terms & conditions connected to the sale of products and services intended to be sold by you through the Website and you shall be responsible for all quality / quantity / legal issues connected to such products and services. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner, including any third party from whom the Products & Services may have been purchased by you. If you use the Website or open an Account (as defined below) on behalf of a business for the purpose of selling products / services through the Website, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

Be it recorded that this document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the UNTAG marketplace platform (hereinafter referred to as "UNTAG"). You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

2. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY : UNTAG reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and UNTAG will post notice of the changes and the amended Terms of Use at the domain of www.BAZOKI.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 

 1.       Definitions:

(i)       “Buyer” shall mean a user of the Website who places an Order on the Seller listed on the Website for products     or services. 

(ii)      “Order” shall mean a binding purchase order placed by a Buyer on the Seller through for supply of products or services. (iii)            “Website” means ‘www.bazoki.com’ and instances of the same 

(iv)       “Seller Panel” means a uniform resource locator (www.bazoki.com) provided by BAZOKI to Seller with a unique login and password to update the order status, price and inventory on the same. 

 

ORDER MANAGEMENT:

1.BAZOKI reserves the right to select the products to be displayed on its Website. BAZOKI also reserves the right to determine the Sellers who may sell on the Website. 

2.BAZOKI shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides an access to Website, marketing and distribution channel to the Seller. In the event payments are collected by BAZOKI on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller. 

3.BAZOKI shall provide the necessary backend infrastructure, like call centre, order management system, etc., for capturing the Buyer/order details placed on the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging and dispatch of product to the end Buyers. BAZOKI will separately inform the Seller regarding the modalities involved to access the Orders of Buyers, by way of direct access through a “Seller Panel” and packaging guidelines shall be shared through email. Seller shall provide content & images of its products to be displayed at Website. Seller will update the dispatch details on the Seller Panel provided by BAZOKI or any other mode as may be notified by BAZOKI from time to time.

4.On receipt of the Order, Seller will make the products ready for dispatch along with corresponding invoices in favor of buyer within 24hours. In case of delay, BAZOKI will be immediately informed by Seller, along with the expected time of dispatch, so that the Buyer may be appropriately informed.  In case Seller fails to make the product ready for dispatch to Buyer within the period as stipulated above, BAZOKI will be nonetheless be entitled to the marketing fee on the product as agreed to in this Agreement.  However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by BAZOKI from time to time. Seller also undertakes that it shall not promote its products, services, offers, packages, etc to the Buyer directly, indirectly and /or through email, sms or any other electronic or physical mode.

FINANCIAL TERMS:

1.The Seller agrees and acknowledges that it will pay the marketing fees, courier fees and payment collection fees as mentioned in standard format attached herewith in Annexure-1 for all the orders received through BAZOKI.

2.Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the Website; Seller will be responsible for payment of all applicable Tax/GST. Seller authorizes BAZOKI in the capacity of marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the market  Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by BAZOKI from time to time. However, Seller will have full right to withdraw the products from Website, if it dissents with price discovered by BAZOKI and has notified the same to BAZOKI. All such withdrawals will take effect within 12- 24 hours from notification to the BAZOKI. BAZOKI further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website.

3.BAZOKI shall release all payments in 2(two) payment cycle every week i.e. Monday and Thursday and or the next working day in case of a bank/public holiday. Sellers shall be paid for theproducts, which are delivered to the customer and completed the return cycle (if applicable)on the immediate payment day after deducting Bazoki’s fees as per Annexure-1.

4.Apart from the fees as mentioned in Annexure-1, Bazoki shall also deduct the TCS @1% as applicable for the online market place and shall submit the same against the sellers GSTIN number for which seller shall get the credit.

5.While releasing payments, Bazoki shall hold an amount equal to 5% of the Bazoki Marketing fees as per Annexure-1. The same amount would be refunded to the seller, once the seller deposits the TDS amount (5% of Bazoki Marketing Fees) against the PAN number of Bazoki and the same amount is shown in the 26AS of Bazoki.

6.Due to the deductions/hold as applicable in point number 9 and 10, the net seller payable amount as shown in the seller panel against upload of any product may differ however upon reconciliation, the net amount payable to seller shall be the same as shown in the seller Panel.

 

LOGISTICS AND CONSUMER RIGHTS:

 1.The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. As a large market place, BAZOKI may extend its services to Sellers by giving mandates to logistic partner for facilitating the smooth functioning of the transaction between the Seller and Buyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller. However, in case of any damage to the product in transit due to mishandling by the logistic partner, Bazoki shall release the full payment to the seller after deducting the applicable charges (if any). The seller shall maintain highest quality of product and packaging.

 2.The Seller hereby agrees to accept all sales return COD (Cash on Delivery) or Non COD (Non- Cash on Delivery), which are refused/not accepted by the Buyer at the time of delivery. 

3.Seller will offer standard manufacturers or seller warranty actually associated with the products. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing defect or damage, Seller shall issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the product at the time of dispatch of the products, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressed of Buyer complaints will rest solely with the Seller at all times.

 

INTELLECTUAL PROPERTY RIGHTS:

 1.Seller recognizes and confirms that BAZOKI has the exclusive right to supervise, allow and reject the contents of the Website.  BAZOKI shall not be liable for contents and images shared, uploaded or displayed on website by Seller regarding its products and all consequent liability will be borne by Seller only.

 2.Seller hereby grants to BAZOKI the right to display/delist the product (as updated or to be updated by the Seller on the Seller panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Website . Seller represents that it has the necessary rights to grant such permission to BAZOKIand agrees to indemnify BAZOKI in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.

3.Except as agreed to by the Parties, the data of Buyers will be the exclusive property of BAZOKI, and Seller will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times Confidential information would include but not be limited to  Buyer details, market information, all work products and documents related thereto, the contents of BAZOKI’s website “www.bazoki.com” or any other information which is treated as confidential by BAZOKI, and any other information received or to be received by Seller which is agreed to be treated under the same terms. The Seller also undertakes to fully indemnify BAZOKI against the breach of this clause.

 

REPRESENTAION AND WARRANTIES:

 

1. Seller shall, at all times and to the complete satisfaction of BAZOKI and without demur indemnify and hold BAZOKI

harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against BAZOKI by the Buyer or any third party arising out of Seller’s actions or omissions in connection with the sale of Seller’s products and their performance during the period of this arrangement and for the products sold, even after the termination of this arrangement. Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.  

 

2.  Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-

Manufactured and/or procured from the legitimate channel following all legal requirements. Seller further declares that it shall

Not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible. The Declaration of Seller is annexed herewith as Annexure-2.

 

MISCELLANEOUS:

1. If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a panel of 3 (three) arbitrators. Each Party will appoint 1 (one) arbitrator and the 2 (two) arbitrators so appointed will appoint the third or the presiding arbitrator. Arbitration shall be held at Kolkata, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

2.This agreement may be terminated by BAZOKI or the Seller by giving 30 (thirty) days’ notice in writing. Provided, in the event of a material breach of the terms of this Agreement, BAZOKI may terminate this Agreement at any time.

 Both parties agree for followings:-

(i)         Assignment: This Agreement and the rights granted under it may not be assigned or transferred by either Party without the written consent of the other Party.

 

(ii)        Notices: All notices, requests and demands, and other communications required or permitted under this Agreement shall be in writing and either delivered personally or sent to the official address of the Party through recognized courier service or e-mail. Party may change its address by delivering notice of such change of address to the other Party.

 

(iii)       Severability: In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the Parties. In such event, the remaining terms and conditions of this Agreement will remain in full force and effect and enforceable.

 Annexure 1

PART -A

               

1)     Marketing Fee :- Seller shall pay marketing fees to BAZOKI which is made available to seller at the time of on boarding and or uploading any product. In the case where the seller uploads any product, it would be deemed that the seller accepts the Marketing fees charged by BAZOKI for the products uploaded by the seller. The marketing fee is excluding GST.

 

 

PART –B

 

1)             Payment Collection Fees: - Seller shall pay Rs-20 or 2% (whichever is higher) of the transaction amount to Bazoki, as payment collection fees*.

PART - C

1)      Courier Fees: - Seller shall pay the courier fees as per below mention table:-

Sl. No.

Weight *

INR

1

For first 500 gm.

Rs-45

2

For each additional 500gm.

Rs-40

3

For productshaving weight more than 5 Kg.

Rs- 20 to be charged on every additional Kg after 5 kg.

Note: - In addition to the fees and charges mentioned in Part- A, B and C GST will be charged extra.

 

2)   Further, in case of return or replacement of product due to any  reason as mentioned in agreement or below mention table, Seller shall be liable to pay charges as per the below mention table :-

Sr. No

Particulars

Shipping Charges

Reverse pick up charges

Payment collection charges

BAZOKI Marketing Fees

1

Direct Shipment Returns-

Damaged/defective/wrong

Borne by Seller

Borne by Seller

Borne by Seller

Borne by Seller

2

Vendor related cancellations-

Out of Stock / Cancellation due to delay in shipment beyond 2 days

from published dispatch date ,

etc;

NA

NA

Borne by BAZOKI

Borne by Seller

3

Replacement in case of point 1

Borne by Seller

NA

NA

NA

4

Replacement in case of size, color related issues

Borne by seller

NA

NA

NA

5

Post-shipment return/ Customer

Non-acceptance (exclusive of point 1)

NA

 

Borne by BAZOKI

Borne by BAZOKI

NA

 

Note: - Seller has agreed to dispatch the product within 24hours as mentioned in the details in the agreement. However in the event the seller does not dispatch the product within 24hours, the seller shall be charged at 50% of the Bazoki Commission Fees. If the seller fails to dispatch the product within 48 hours of the agreed time he shall be charged 100% of the Bazoki Commission fees and the order shall stand cancelled.

 

3)   In case the order is shipped but it remains undelivered, Seller can claim payment of the money in the event of product is not returned to the Seller within 320 days of shipment.

4)   Following details are required from Seller :-

  • GST No.
  • TAN No
  • PAN No
  • Copy of one Cancelled Cheque
  • Copy Of Valid Trade License

 

 

Annexure 2

To whomsoever it may Concern

 

The Seller hereby declares and confirms that it has the requisite permission to deal in the products represented through the brands for the products he has uploaded in the BAZOKI market place using the seller panel It has procured the authentic, original and genuine products from legitimate channels and has the right to enter into this agreement with Untag Fashions Private Limited, allowing it and/or its agents and marketing partners, to arrange the display with an objective to sell and distribute the products to end consumers. The Seller hereby declares and confirms that in the fulfillment of its obligations under this Agreement, it will not infringe any intellectual property rights of BAZOKI or any other third party.