TERMS & CONDITIONS
YK ORGANIC PVT. LTD.| 128/36, Y BLOCK, KIDWAI NAGAR, KANPUR
Organicoutput.in help you to reach hundreds of millions of customers. We strive to ensure a fair and reliable trading experience. At Organicoutlet.in, we expect you to comply with the principles of the code of conduct described below. Violation of the principles of the code of conduct may result in the loss of your sales privileges and the elimination of the Organic Products Market. The company owing organic outlet.in have the sole right to take legal actions.
CODE OF CONDUCT PRINCIPLES:
Adhere to all applicable laws and abide by all Organic Outlet.
• Maintain current account information. • Never misrepresent yourself.
• Always act in a manner that ensures a trustworthy experience for Organic Outlet customers.
• Never list products that may cause harm to Organic Outlet customers.
• Never engage in any misleading, inappropriate or offensive behaviour. This applies to all your activities, including but not limited to:
• Information provided on your account
• Information provided in listings, content or images
• Communication between you and Organic Outlet or you and our customers
• Act fairly at all times. Unfair behaviour includes but is not limited to the following:
• Behaviour that could be deemed as manipulation or "gaming" of any part of the buying or selling experience.
• Actions that could be perceived as manipulating customer reviews, including by directly or indirectly contributing false, misleading or inauthentic content.
• Activities that could be perceived as attempting to manipulate Organic Outlet's search results or sales rankings.
• Actions that intentionally damage another seller, their listings or their ratings.
TERMS & CONDITIONS
The domain name www.organicoutlet.in, (hereinafter referred to as 'Platform') is owned and operated by YK Organic Pvt. Ltd. (hereinafter referred to as 'YK Organic' or 'We' or 'Company'), a company incorporated under the Companies Act, 1956, with its registered office at 128/36, Y-block, Kidwai Nagar, Kanpur - 208011, Uttar Pradesh, India.
Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with YK Organic, and these terms and conditions including the policies constitute your binding obligations to YK Organic.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of YK Organic's Policies applicable to you, as amended, from time to time.1. SELLER'S ELIGIBILITY & REGISTRATION:
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. YK Organic reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to YK
Organic's notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You must register at the Organicoutlet.in facility by providing the necessary information / data on the Organicoutlet.in seller registration page.• Seller must provide Name, Address, Contact number and Email-id.
• Seller must provide details of his valid bank account during registration.
• Seller must provide valid FSSAI license number.
• Any other details as required.
Sellers must provide true, correct and duly authorized data / information and must not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to refuse one or more of the information, data or documents sent by the seller and may request other documents or more information.
The Company (YK organic Pvt. Ltd.) has the right to suspend / terminate the registration of seller from Organicoutlet.in and restrict them to use the website.
If the Company (YK organic) finds or get the information that such data is misleading or does not comply with the User Agreement and the norms and policies established by virtue of the same, in such case the seller will be solely responsible for all the risks, damages and consequences that may arise.2. BILLING, INVOICING, SHIPPING AND PRODUCT RESPONSIBILITY:
We provide two options to you for the purpose of Billing, Invoicing & Shipping. You can either ship the product directly to the Customer (Self Ship) or you can opt our logistics services for getting the products delivered to the customers.
To ensure ease of selling and the best possible customer experience, we suggest delivery to all customers via our logistics partners and deduct the shipping cost from the selling price before making a payment to you. The Shipping fee is calculated on actual weight or volumetric weight whichever is higher and the same will be communicated to you.
Shipping and handling costs included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly higher than the actual cost that a reputable and competitive service provider may charge.
If you have opted for SELF SHIP you must keep a daily sales record (hard copy / electronic record / copy as appropriate) to which you would have to register (in English / Hindi / local language) the "Best before the date" for food products sent to customers. The remaining useful life must be at least 50% of the time from the date of manufacture to the expiration date.• Also, any fiscal responsibility related to the sale of its products such as GST (CGST, SGST, IGST AND UTGST), Cess, etc. is your responsibility.
• In addition, the responsibilities arising from the use, consumption and / or interaction with your products, are exclusively yours and YK Organic Pvt. Ltd. (organicoutlet.in) will not be responsible for any loss or damage due to this.
3. GENERAL PACKING GUIDELINES:
Proper packaging ensures that products are delivered safely. Together, they guarantee an excellent customer experience and, therefore, a better seller rating. The responsibility of Packaging the product is totally yours and you should always us the Approved Packing Materials which includes:• Foam sheets or cushioning
• Air pillows
• Bubble wrap
• Full sheets of paper
The following packing materials are prohibited:
• All types of packing peanuts, including those made of biodegradable material or corn starch
• Crinkle wrap
• Shredded paper
• Thermocol chips
A 3-step packing process is recommended:
a. Product preparation
b. Product packaging
c. Addressing and labeling of the package
3.1. Product preparation:
1. Check if the product collected for packaging is the same as the order requested by the customer by checking the following attributes
• Product name
• Product color
• Accessories that must be included or included, if any
• Part number / Model number / Version
2. Check if all items captured in the product image in Organic outlet.in catalog are included
• The package seal must be intact and without manipulation or scratches.
• Make sure all offers or gifts mentioned in the product are included.
• The product must be cleaned with dust.
• Wrap the items individually with cushioning material and, if necessary, use a rubber band, instead of sticking the cushion material with adhesive tape, so that it covers the item intact.
• Include accessories, if any, along with the main product. No accessory / sub-item must be loose inside the box.
3.2. Product packaging:
• Most products come with manufacturer's packaging that is not robust enough. Therefore, it is mandatory that products be packaged in a corrugated outer box or thick covers
• Place the prepared item in the center of the corrugated cardboard box. Fill in the empty spaces with enough fillers so that the product does not move inside the box during transit. Less empty space inside the box, the better
• Be sure to use double wall boxes for heavy items such as laptops, cameras, printers and appliances
• Place a duplicate address label inside the package
3.3. Addressing and labeling of the package:
• Apply tape evenly on the flaps, both at the top and bottom. Use the recording method H as shown in the diagram.
• Place shipping labels on the largest surface of the package. The label must not be on the tape.
• Invoices must be kept inside a transparent polyethylene cover and glued to the larger surface of the box by gluing all sides with tape.
Note: The products shall be packed in the best possible way so that it reaches to the customer without any damage. The responsibility is exclusively yours and (YK Organic Pvt. Ltd.) organicoutlet.in will not be responsible for any loss or damage resulting due to poor packaging.
4. SHIPPING GUIDELINES: 1. The seller (other than a seller who uses Courier/Logistics services under YK organic Logistics) is required to dispatch the items for each transaction to the buyer within 36 hours from the confirmation of the Payment to ensure that the items are delivered in a timely manner. Seller must send the item only after receiving the Payment Confirmation from the Company.
2. Seller must use a recognized postal / courier service provider with a good track record that provides ease of tracking for items shipped.
3. Seller must send the items using only a delivery channel that provides the proper "proof of shipment" and "proof of delivery" documentation. You must keep such proof of
delivery and documentation of proof of delivery (POD) related to the shipment and
delivery for a period of 9 months from the date of shipment. PODs must be delivered to the Company upon request within the period of time periodically notified.
4. Seller agree that the Dispatch Details will be true, correct and duly authorized and will not be misleading, fraudulent, false, unauthorized or illegal, and should not contain any false representation of facts.
5. Seller must send an invoice addressed to the Buyer for the price of the transaction along with the item at the time of Dispatch.
6. If the Seller does not provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to the suspension and / or termination of Seller in the Registry and / or any consequent action as specified in the Agreement.
7. Shipping details:
• The seller will provide the shipping details on the website within 36 hours from the confirmation of the payment.
• If the Seller does not enter the Dispatch Details on the Website within the prescribed time, the Company may, at its sole discretion, cancel the Transaction and refund the Transaction Price (if paid) to the Buyer.
• In case of delivery outside India (in which case only the electronic payment will be accepted), the shipping details must be entered in the platform within 48 hours after the payment confirmation.
8. In the case of Transactions in the seller has used the courier services in YK organic Logistics, the logistic partner would pick up the item from the seller and the Company will be responsible for providing shipping details on the website.
Note: In no case will you attempt to divert any Customer in any manner whatsoever to any other web page or provide information to carry out any transaction outside the Platform i.e. www.organicoutlet.in.
4.1. Communication regarding Shipping:
1. Seller will not send emails to customers about the confirmation of shipment of Seller Products.
2. Immediately after sending a customer's order (or any part of the customer's order), the Seller will accurately inform YK Organic that the order has been shipped (and, in the case of a customer order that is shipped in More than one shipment, please inform YK Organic exactly where the order has been shipped), using the standard functionality made available by YK Organic to communicate such information ("Shipping Confirmation").
3. If the seller does not provide the Shipping Confirmation within the time frame specified by Organic outlet.in (for example, 24 hours after the last estimated shipping date for orders placed by the seller), YK Organic may, at its sole discretion, cancel (and / or the direct seller to stop and / or cancel) any transaction of the seller, and the seller shall stop and / or cancel said transaction at the directions of YK Organic.
1. The time within which the seller or the Company (if the seller is using YK Organic Logistics Services) must guarantee the delivery of the items to the Buyer from the moment the Seller enters the Shipping Details on the website , that is, within 6 days after entering the Shipping Details for delivery within India and within 21 days after entering the Shipping Details for delivery outside India.
2. In case of payment in delivery transactions, the logistics partner will deliver the items and charge the price of the transaction and other charges (if applicable) within the stipulated time.
3. It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer in good condition and are not damaged for any reason, regardless of whether the delivery is made by the logistics partner or the seller has used the services of YK Organic.
5. CONDITION GUIDELINES:
The first step to ensure a great experience for both the buyer and the seller, is an honest appraisal of the items you list for sale at organicoutlet.in.
All the products sold on the platform must be listed in New Condition. This includes items within the categories of Beauty, Food and Groceries, Medical Care and Vitamins & Dietary Supplements etc.
To be considered New:
• The items must not have been previously used,
• Be in the original packaging
• Be properly prepared, packaged, sealed and labeled to avoid contamination, deterioration, fusion and damage.
The products cannot be listed in New Condition if the items have been used, have signs of use, damage, or were intended for destruction or disposal or were designated as non-sellable by the manufacturer or a supplier, seller or retailer.
Note: All product listings must comply with all applicable laws and regulations.
As a seller, you must meet the criterion listed below to sell products in the Grocery and Gourmet Food category. Take the time to read this list of criterions. If you have any query about any specific policy, please refer to our "Help" Page.
According to the requirements of the Regulations on Food Safety and Regulations (Licenses and registration of food companies), all sellers who display or offer any food for sale to customers through electronic commerce must:
1. Ensure that customers have a clear and readable image of the complete label information of each food ASIN (excluding the lot number / lot number, the maximum expiration date and the expiration date).
2. Display the license number of the Food Safety and Standards Authority of India (FSSAI) on the seller's details page. This can be done by updating your valid FSSAI license number in Seller registration.
3. In addition to above, keep in mind that according to FSSAI:
• The Seller/ Owner of the Brand/ Manufacturer shall not provide any wrong information & misleading images of food products available or displayed on the e-commerce platform. The information provided must be accurate, clear and easy to understand. It must not be misleading. This includes any claim made on customer testimonials or blogs hosted on the website or on the social media page.
• No health claims or false statements will be made about the products shown for sale. Claims will be made only in accordance with FSS Law 2006, the rules and regulations below.
• Food products in the organic food category must comply with the Food Safety and Organic Regulations (organic food) of 2017.
• Seller must have a Valid FSSAI License in his own name.
• The remaining validity of the FSSAI license must be greater than 2 months.
• The 'scope' of the license must include all food products and / or categories of food products that you intended to list. In the case of "Patented Foods", the term "Patented Foods" must be specified against the category / subcategory of food products.
4. Products that are banned or recalled will not be included in the list. These include assets that have been:
• Prohibited its sale in the country, both online and offline.
• Withdrawn from the market, voluntarily or mandatory.
• Improper product labeling and safety warnings.
• Products that do not meet the mandatory food safety standards.
Examples of Other Prohibited Product Listings:
• Prohibited animal products
• Products that contain ingredients for which a pre-marketing security notification is required but has not been submitted
• Adulterated, spurious or mislabeled products.
• Products that present an unreasonable risk of injury or illness,
• Products that have passed their expiration or "expiration" dates
• Substances controlled under the Drug and Psychotropic Substances Act, 1985
• Any other products which the Government may prohibit time to time from being listed and sold.
5. You must have a valid 'National Program for Organic Production' (NPOP) certificate or a certificate from the Participatory Guarantee System for India (PGS-India) (in the case of Imported organic food products, a certificate from an approved organic certification body of that country / region of origin). The scope of the certificate must contain all the products you intend to list.
For certain highly sensitive categories such as food, YK Organic has a high bar for vendors to list products in Organicoutlet.in. To ensure that our customers can buy food products with confidence at Organic outlet.in, we have implemented additional compliance controls for vendors. The list of criterions to sell in the Groceries and gourmet foods category reflect customer concerns about product quality, product brand and consumer safety.
As a seller, you must meet the criterion listed below to sell products in the Grocery and Gourmet Food category. Take the time to read this list of criterions. If you have any query about any specific policy, please refer to our 'Help' Page.
Note: Complying with the criterion set forth in this policy does not guarantee that Organicoutlet.in (YK Organic) approves its ability to sell in this category or its proposed selection in its entirety. YK Organic can eliminate your sales privileges by not meeting these criterions.
5.1. Product Requirements:
1. All products must be properly prepared, sealed, packaged (completely closed) and labeled according to the specifications stipulated periodically by the FSSAI.
2. You must have the corresponding license, permit, registration or approval from the government / legal agency / agency for the products you intend to sell.
3. You are responsible for ensuring that your food products and business operations comply with all applicable state and central laws, even if they are not specifically described in our policies.
4. All food products and gourmet foods must be sold in a new condition. Used listings are not allowed.
5. All food products that the seller intends to list must be prepackaged and comply with all applicable laws / standards / regulations / orders / notifications established or issued periodically by the FSSAI, the Department of Legal Metrology and the Office of Indian Standards, as appropriate. In addition, if the seller intends to list enriched foods, he must also comply with the Food Safety Regulations and Standards (Food Fortification), 2016.
6. Food products must have a minimum shelf life of 5 months or 50% from the date of manufacture. Food products must be stable at room temperature and do not require a cold chain such as cooling or freezing. Temperature sensitive foods and low shelf life are a restricted category (refer appendix 1 for the Restricted Items list).
7. The manufacturing date, expiration date and maximum retail price (MRP) must be legible on the labels of food products.
8. The FSSAI logo must be printed on the food product label along with the license number of the Food Business Operator (FBO) (in the case of the Importer, this must be the importer's license number). For example: Lic. No : xxxxxxxxxxxxxxx
9. The Vegetarian / Non-Vegetarian dot symbol must be present on the food product label and must also be reproduced on the details page.
10. The patented foods that the seller intends to list must comply with all legal requirements established in the Regulations on Food Safety and Standards, and the product label must mention "Patented foods" together with the category / subcategory, generic name, nature and Composition of patented food.
11. In addition to the labeling requirements mentioned above, food products must comply with all applicable requirements stipulated in the Food Safety Regulations and Standards (Packaging and Labeling), 2011 and the Legal Metrology Rules (Packaged Products), 2011.
12. Food products belonging to Restricted Categories should be listed only after complying with the respective "specific prerequisites". Food products that belong to the category of products included in the "Negative List" should not be listed at all.
The products / product categories included in the "Negative List" below should not be listed:
• Products that need a cold / freeze chain (except the selection sold in the YK Organic store);
• Powdered milk without mandatory BIS certification;
• Packaged natural mineral water and packaged drinking water without mandatory BPI certification;
• Genetically modified foods or foods with genetically modified / GMO ingredients;
• Beef or products containing beef as an ingredient in any form;
• Chocolates with liquor;
• Milk and dairy products from China;
• Food products with health claims / misleading nutritional statements;
• Imported food products on the prohibited list or from the prohibited source and the restricted list as notified by the General Directorate of Foreign Trade (DGFT);
• Products that contain hemp seeds as an ingredient.
• Any other product as prohibited/restricted to be listed and sold by the Government from time to time.
5.2. Listing Guidelines:
• Only one listing will be made for each item offered for sale on the website. If you propose to sell more than one identical item, you will make a separate listing for each of them and if all listings result in a successful sale, you must be in a position to fulfill all those orders.
• All items listed must appear in an appropriate category on the website.
• Each listing must contain only one specific item for sale and no option will be provided to the buyer (such as color, size, etc.).
• All items listed must be kept in stock for successful sales compliance. No listing may contain a disclaimer that suggests that a sale will be completed or that the order will be confirmed only if the item is available with the User who is listing the item. You agree that you will not list an item if you are unable to deliver it immediately.
• You should not make any announcement in the nature of the desired ads that do not offer to sell an item, but invite users to make an offer for the sale of any item.
• Nor will you make any offer online or by making another listing on a different website, to sell an item once you have made a listing regarding that item on the platform without the prior permission of YK Organic.
• You will not make a list on the website with respect to an item that is subject to an online or offline offer that may be valid, including the list on the website or other websites.
• You understand and accept that the Company, at its sole discretion, may terminate any listing at any time without prior notice and also in the event that any listing does not result in a successful transaction within 30 days after the listing. However, the Company may choose not to remove said listing and extend the listing period for as long as it deems appropriate.
• In no case will you attempt to divert any User through your listing to any other web page or provide information to carry out any transaction outside the Website.
Note: The Seller shall be solely liable for any liability, damages, loss arising out of listing and selling a product falling under the Negative/ Restricted Items List.
Note: We, YK Organic do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
5.2.1. Appropriate description in the listing:
1. You will be responsible for providing information related to the items offered to be sold by you on the website.
2. You agree that all such information at all times is accurate and complete in all aspects.
3. The description of the item list should not be misleading in any way and should describe the actual condition of the item. You should not overdo or emphasize too much the attributes of the items you propose to sell on the website to deceive other users in any way.
4. If the item description does not match the actual condition of the item, you agree to refund any amount you have received from the buyer.
5. You agree not to use deceptive titles for the listing and not to provide misleading or inappropriate information about the location of any item listed.
6. If for some reason you cannot deliver to a specific place, destination or country, you must clearly mention it in the list.
7. You should not use unrelated keywords, or brand names (even if such use does not lead to a violation of intellectual property rights), or text not related to the item offered for sale in your listing.
8. You should not provide any information, such as a catalog of your items in your listing or in the items or packaging thereof, which will allow a buyer to contact you outside the website to buy that item directly from you instead of buying it from the listed on the Website.
9. You should not ask Users to send you payments by any method not approved or provided on the Website by the Company.
10. Any image used in the listing must be of the actual item that is intended to be sold in the listing and should not copy images of other listings available on the website. You cannot refuse any responsibility, including responsibility with respect to the authenticity, merchantability of the items you offer to sell on the website.
11. Company YK Organic will not endorse any item other than the one you list anywhere on the website.
12. You agree not to provide any description on any list made by you in any way that suggests that you are in any way connected, or that you are representing or selling on behalf of a manufacturer or producer of the item unless it is the manufacturer or producer, or has obtained a written permission or has entered into an agreement with said manufacturer or producer under which he has the right to represent as such.
13. Any free or bonus item promised on a list for promotional purposes must be delivered along with the main item offered through the list. All provisions of the User Agreement, including the rules and policies set forth therein that apply to the main article, shall apply mutatis mutandis to the free or bonus article, to the extent applicable.
14. If you choose to make use of the "listing services" provided by YK organic by the Company, you agree to comply with the terms and conditions of the YK Organic Policy incorporated herein as a reference.
15. If you wish, YK organic will help you write an appropriate description of an item that will be included in the list, take photographs / images of the items that will be uploaded on the website, etc.
a. In such a case, you are responsible for verifying the entire contents of the list, photography / image, etc. provided by YK organic and edit / modify / vary / delete as necessary to accurately describe the item that will be included in the list.
b. It is clarified that the copyright in all photographs / images produced with the assistance of YK organic will belong exclusively to the Company.
c. You agree that under no circumstances will the Company be responsible for any misrepresentation with respect to the item listed.
16. If the website provides categories of elements, then the user must take proper care to list the elements in the appropriate category. Otherwise, it may result in cancellation of the list.
5.2.2. Image guideline for food ASIN:
All vendors who display or offer food for sale to customers through electronic commerce should ensure that a clear and legible image of the complete label information of each food
ASIN is available (excluding or including the lot number / number Batch, better before, the expiration date) for customers. This regulation complies with the "Guidelines for the operations of e-commerce food business operators" of the FSSAI (Food Safety and Standards Act).
Consequently, all vendors that list food in the organic outlet are mandated to display complete label information for food packages.
• Food products must have clear, high-resolution images of all sides that show complete labeling information (For boxes - 6 sides, packages - 2 sides, bottles - 2/3 sides covering all text) according to the Guide of images for food ASINs.
• The requirements mentioned in the catalog style guide must be met.
5.2.3. What all information must contain a label?
We want the customer to easily see all the information that is visible on the product (on the back, side and / or top), since this information is important to make a purchase decision to buy a food product. In addition, we want to show the ingredients separately, as some customers may have allergies and may need to verify the ingredients before purchase. Nutritional information should be shown separately for health-conscious clients. The customer must be able to see all the information, applicable in accordance with FSS (Packaging and Labeling Standards), 2011.
• Product name
• Vegetables logo / Non vegetables logo
• List of ingredients
• Nutritional information
• Net weight / quantity
• Name and address of the manufacturer
• Customer service contact details
• Logo and FSSAI license No
• Instructions for use / storage, if applicable
How to show complete label information to the consumer?
The shape of a food package can be rectangular, square, circular, etc. A customer will be able to see the complete information only when images from all sides of the food package are displayed. For example: a rectangular or square package must have all 6-sided images.
5.3. YK Organic Pvt. Ltd. (organicoutlet.in) application actions:
YK Organic outlet. reserves the right to review the quality of each of its products and listings, which may include verifying whether the products and listing data meet the requirements mentioned above. Failure to comply with performance objectives and food quality and safety standards will result in the following compliance actions:
1. If you repeatedly do not meet the requirements, you will not be allowed to sell your products at the organic outlet.in.
2. You must complete a root cause investigation request and take corrective action to prevent it from happening again.
3. YK organic (Organicoutlet.in) can eliminate your sales privilege.
4. Any other actions as required in accordance with law.
Note: Apart from the above-mentioned requirements You shall take all necessary actions act diligently to provide best information and services to the customers by adhering to the Code of Conduct Principles.
6. FEES/CHARGES APPLICABLE TO SELLERS:
1. The Company will impose charges / fees from time to time (to provide facilities to sell on the website) to sellers in accordance with the Facilities Charges Policy after negotiations which will be communicated to you via separate communication.
2. The Company will provide the Seller with an invoice that reflects the facility charges monthly. If the seller makes use of any of the services provided under YK Organic by the Company, the seller will be responsible for paying additional fees, charges with respect to the services available.
3. The Company reserves the right to change the Facilities Charges Policy and related rules and policies from time to time which will be communicated to you via separate communication.
4. The Company may introduce new services and modify some or all of the existing services offered on the Website and / or under YK Organic Logistics. Any such change will be effective from the moment the Company publishes the same on the Website.
5. The seller will be responsible for paying all charges associated with the use of the website and undertakes to assume all taxes, charges, cessations, surcharges, etc. applicable. The seller will pay the corresponding charges to the Company or the Company will deduct those charges from the Price of the transaction that will be sent to the seller. The Company will issue the invoice after such deduction and shipment. Unless otherwise indicated, charges are payable by the Seller regardless of any refund, refund or breach of the Transaction.
6. The Company reserves the right to establish minimum and maximum transaction limits on the Website, as determined by the security of its Users.
7. Sellers will be charged 100% of the reference rate (if cancelled in estimated shipping date or before) / 150% of the reference rate (if canceled after estimated shipping date) of the value of the items in an order.
8. Such as Cancellation charge for orders placed by the seller that are canceled under the following scenarios:
a. The seller cancels the order for any reason other than the buyer's request (only cancellations requested by buyers through the Platform are considered cancellations requested by the buyer and will be exempt from the cancellation fee).
b. The order is automatically cancelled by YK Organic because the seller has not shipped and the shipment confirmed the order within 24 hours of the estimated shipping date.
Note: Facilities Charges Policy will be communicated to you after the telephonic/email conversations only and will be decided as per the discussions between You and YK Organic.
7. INTELLECTUAL PROPERTY OF THE COMPANY AND THIRD PARTIES:
1. You must ensure that the items listed do not infringe the intellectual property, trademark, copyright, trade secret or other property rights or rights of publicity or privacy of third parties.
2. Listings can only include content generated by you in the form of text descriptions, graphics and images that describe your item for sale.
3. You agree that the use of logos or trademarks owned by a third-party producer or manufacturer may infringe the intellectual property rights of that third party. You will be solely responsible for the inclusion and use of such trademark or intellectual property on the website, and will make the website and the company indemnified and harmless against any third-party claims that may arise with respect to such use.
4. You agree that under no circumstances would you use brand names or trademarks that are not owned by you, unless the item you are listing on the website bears the brand name or trademark of your original manufacturer or producer.
5. In addition, you agree not to use any intellectual property of the website or company, including its trademarks, trade names, in any way. You will not represent before any User or third party, in any way, that you are affiliated or associated with the Website or the Company or that you have the right to represent the Website or the Company.
8. PAYMENT METHOD:
At the time of listing, of the various payment methods provided by the Platform on the website, you must also choose the payment methods that are acceptable to you and the buyer will have the option to pay the Transaction price only for the payment methods selected by you.
If you do not choose your preferred payment methods, the Buyer will have the option to pay the Transaction Price by any means of payment provided on the Website.
9. CLEAN SALE:
1. You declare and confirm that you will be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the website.
2. You will have the absolute right free of any lien, lien, mortgage, mortgage, charge and title and proper title and authority to negotiate and offer for sale the items that you can list on the website.
3. If you are aware that any Transaction or Transaction attempt related to any item on the Website violates this clause or this User Agreement or applicable laws, you must take all measures to inform the Platform thereof immediately.
10. UNFAIR CONSUMER PRACTICE:
You shall not participate in any unfair consumer practice or in any of the practices prohibited by applicable laws, including, but not limited to, the Consumer Protection Act of 1986.
Buyers of items on the website have the right to write comments and rate the items, as well as the seller on the website.
As a seller, you agree that such reviews and ratings may be adverse to your business, economic and other interests, including your reputation. You hereby waive any right you may have to take legal or other actions against people who have provided such reviews / ratings or against YK Organic or the website for any loss of business, reputation or any other loss that may arise 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 their items.
The Company reserves the right to issue a warning, suspend or temporarily / indefinitely terminate your membership in the website and refuses to provide access to the website in case of non-payment of the Charges or Any other fees payable by you to the Company, whether for YK Organic services or otherwise. YK Organic also reserves the right to take legal action in case of non-payment.
13. INTERNATIONAL TRADE:
1. It will be your sole responsibility to ensure that before including an item for sale on the website, that item can be sent outside of India according to applicable laws.
2. If you list any item that violates applicable laws, you will be responsible for repairing any loss suffered or incurred by the website, the company or other users who rely on such list, including reimbursement of service charges incurred for the YK Organic (Organicoutlet.in) Facility or any other form of payment or payments made for taxes or government charges or any lien with respect to said article.
3. You will also be responsible for complying with all laws that may be applicable in the country where it is proposed to deliver said article.
4. It is prohibited to sell any item to buyers in countries with which trade is prohibited or under embargo (in general or with respect to certain types of goods) as imposed by the Government of India.
14. REFUSAL TO SELL:
1. Once any user confirms a purchase in response to a list made by you when making the required payment through Payment in billing, the sale is considered complete and all goods and titles in the listed item are transferred to the buyer.
2. You cannot refuse to sell the item, or refuse to accept payment or not deliver the item after the payment has been made successfully and the Transaction has been confirmed.
3. In the case of the sale of the item in which the buyer has opted for Payment on delivery as a method of payment, the sale is considered complete and all property and title in the item listed is transferred to the buyer only after payment of the Price of transaction and upon delivery.
15. BUYER SATISFACTION:
1. You accept the obligation to guarantee a high level of buyer satisfaction.
2. If you receive more than 10% of negative comments or comments from users who have purchased items listed by you, you will be deemed to have breached this obligation. In this case, the Company may, at its sole discretion, cancel its listing, set limits on the availability of services and facilities, suspend its account, demand a security deposit for future listings or continue its listings, impose higher fees and charges.
3. Additional for allowing you to continue using the website to list and sell items. You can contact a buyer after a confirmed sale has been made and directly resolve any complaint or dispute that the buyer may have.
Note: The responsibilities arising from the use, consumption and / or interaction with your products, are exclusively yours and YK Organic Pvt. Ltd. (organicoutlet.in) will not be responsible for any loss or damage due to this.
16. WITHHOLDING, SUSPENSION AND TERMINATION OF ORGANICOUTLET.IN
1. In case of 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 registration of the seller or put remittances on hold with respect to such seller.
2. The Company may restore or activate the Seller's Account in the Seller's Registry or remit the Transaction Price to the seller subject to the Seller providing the information, data, documents and submitting to the verification desired by the Company and as provided in the User Agreement or the rules and policies established by virtue thereof. Organicoutlet.in of the seller.
3. The registration of the seller is subject to the seller being an active user of the website.
4. By identifying or being notified by any person or by the law enforcement agency that the Seller has violated any law in the performance of the Transaction, the Company may immediately suspend the seller's registration in the vendor registry of Organicoutlet. in, notify the police or any other authority, including banks, for
appropriate action or act in any other way to cooperate with the authorities or protect their interests.
Note: The Company has the right to take appropriate legal actions, including the right to compensate for the breach of this Agreement.
17. REMITTANCE TO SELLERS:
The seller accepts that the transaction price paid by a buyer will be remitted to the seller's bank account based on the following events:
1. Buyer confirming the delivery of items in the transaction, Or
2. The buyer does not take any action on the website to confirm delivery or non-receipt of the item within 7 days after the expiration of the prescribed delivery time despite confirmation of the shipment of the item by the seller to the buyer Or
3. The Buyer does not submit a claim for reimbursement within 7 days after the expiration of the prescribed delivery time or if the Buyer submits such claim, the Company rejects it due to any breach of the User Agreement and the rules and policies made in accordance with applicable law, Or
4. All remittances to sellers regarding payment in delivery transactions will be made by online bank transfer to the seller's bank account. In the cases in which the Payment on delivery option is selected, the transaction price sent by the Buyer will be sent within 21 days after the Delivery and only after the payments received from the Logistic Partner are reconciled with the Company.
5. The Company reserves the right to hold the shipment to the Seller for security purposes of the Installation and / or Users of Organicoutlet.in. In such a case, the Seller will have privacy and will be asked to complete an additional verification and verification and the Company may contact the Seller to verify or obtain additional information, details, data and documents. The Company reserves the right to reimburse the Price of the transaction that has been withheld from the Buyer, if such information, details, data and required documents are not provided within the stipulated time, or if the same is false, misleading, incorrect or incomplete .
6. Remittances to the Seller for their successful Transactions under the Installation of Organicoutlet.in would be in accordance with the provisions contained in this document and the applicable laws in India, particularly the instructions issued by the Reserve Bank of India from time to time for the opening and operation of accounts and settlement of payments for electronic payment transactions with intermediaries.
A chargeback occurs when the cardholder disputes a charge on your credit / debit card statement with the card issuing bank. Upon receiving such complaint from the cardholder, the card issuing Bank accredits the cardholder and recovers the amount of the Company.
1. The Company has the right to deduct said amount from any amount payable to the Seller by the Company. If such amount is not paid, the Company may require that the Seller immediately pay said amount.
2. The Seller will notify the recovery, if any, through an email and can receive an acknowledgment of receipt if requested.
3. If the payment gateway service provider, the bank or the Company's service providers charge the Company a fine, fee or charge for such chargeback in respect of the Transaction that the Company must pay, the Seller will be responsible for pay said fine or fees to the Company, and they can be recovered in the manner mentioned above.
19. VERIFICATION AND REFUND OF THE SELLER TO THE BUYERS:
1. The seller authorizes the Company to carry out certain controls before sending the transaction price to the seller's bank account to guarantee the security of the transaction, the website and mitigate the risks of payment.
2. As part of performing such controls, the Company will also have the right to withhold the remittance to the valid Bank Account of the Seller and require it to submit certain documents for verification purposes.
3. The Company also reserves the right to reimburse the Transaction Price to the Buyer that the Company has withheld or continue to maintain periodic payments (including all future payments) under any of the following conditions:
a. If the Seller does not provide the necessary verification documents within the prescribed period communicated by the Company or as provided in the rules and policies of the Website; or
b. If the verification documents presented are invalid, manipulated or falsified; or
c. If the verification documents suggest that the Dispatch was made to an address that is different from the shipping address provided by the Buyer; or
d. If the seller has not sent the items using a recognized shipping channel, but has used any other means; or
e. or if the seller has provided incorrect or invalid shipping details or has not delivered the item to the buyer; or
f. If the Seller has listed an Article that violates the User Agreement or the rules and policies established under it; or
g. If the seller has sent an item different from the description mentioned in the transaction, or
h. The company receives instructions from any law enforcement agency or government or legal authority to deny or reject or withhold such remittance.
In all the above cases, the Company will not be liable for any loss incurred by the Seller arising from such reimbursement.
20. GUARANTEES AND COMMITMENTS:
The seller guarantees and undertakes that:
1. All sales of items listed on the website are from principal to principal and bipartite contracts between the seller and the buyer. The seller will be solely responsible for the condition, description, registered trademark, delivery, warranty, payment, all applicable government taxes and fees, legality, legal title in relation to the items and other terms and conditions of the transaction. By providing facilities on the Platform, the Company i.e. YK Organic does not become part of the contract for the sale of the item.
2. The Seller must maintain an adequate proof of delivery (POD) of the items sent to the Buyer. PODs must be supplied to the Company upon request within the prescribed period of time. If you do not present proof of delivery, the product will not be sent by the seller and the buyer will be entitled to a refund.
3. In the event that:
a. Seller does not deliver within the prescribed time; or
b. Seller sells or delivers any illegal, prohibited or counterfeit item; or
c. The description of the items listed does not match the actual condition of the items or the items are defective or damaged in delivery; or
d. There is a dispute between the Seller and the Buyer related to the Transaction, or
e. The use of a valid card or a valid bank account by the buyer while payment of the transaction price was not authorized or was the result of fraud or hacking of
f. Buyer claims a refund or returns the price of the transaction,
The Company has the right to take appropriate legal actions, including the right to compensate for subsequent remittances to the seller until such amount is fully recovered. In the event that subsequent balances are not sufficient for recovery, within 7 days after receipt of a notification to that effect by the Company, the Seller will pay the deficit to the Company.
4. In the event that the Company cannot recover the deficit, within the given time, it reserves the right to take the appropriate legal actions against the Seller.
5. The Seller also compensates unconditionally and disclaims the Company, its affiliates and its external service providers and their respective directors, officers and employees against any action, procedure, cost, adjudication, claim and damages, however, incurred or derived of them as a result the bank account password; or of any act or omission by the Seller when entering into and executing the contract with the Buyers or when using the Organicoutlet.in Facility.
6. In the event that any Transaction Price sent to the Seller is uncollectible and a claim is filed on the Company with respect to it, it will be the financial responsibility of the Seller and the Company will have the right to recover said amounts from the Seller in the manner provided here up without any obstacle / protest.
7. The Seller shall not use the Information including Contact Details of the buyer for any purposes whatsoever other than those mentioned in this Agreement.
The security of your Personal Information is important to us. YK Organic strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, YK Organic adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where YK Organic stores Your Personal Information. Each of the YK Organic entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all YK Organic entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
You hereby unconditionally agree and permit that YK Organic may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various YK Organic entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by YK Organic under applicable law.
You unconditionally agree and permit YK Organic to access and read your SMS to autofill or prepopulate 'OTP' while making a transaction and to validate your mobile number.
YK Organic may also share Personal Information if YK Organic believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
Note: You shall in no case try to establish contact with the customer for any purpose whatsoever except with the prior permission of YK Organic.
22. GOVERNING LAW AND JURISDICTION:
23. LIMITATION OF LIABILITY:
TO WHOMSOEVER IT MAY CONCERN
This is to certify that all products currently sold by us on Organicoutlet.in are in compliance with the provisions of the all Acts/Rule/Regulations/Orders/Notifications, set out or issued from time to time by the Food Safety and Standards Authority of India, Bureau of Indian Standards as may be applicable. Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011 Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011 Food Safety and Standards (contaminants, toxins and residues) Regulation, 2011 Food Safety and Standards (Packaging and Labelling) Regulation, 2011 Food safety and standards (prohibition and restrictions on sales) regulations, 2011 Food Safety and Standards (Laboratory and Sampling Analysis) Regulation, 2011 Food Safety and Standards (Food Recall Procedure) Regulation, 2017 Food Safety and Standards (Import) Regulation, 2017 Food Safety and Standards (Organic Food) Regulation, 2017 Food Safety and Standards (Fortification of Foods) Regulations, 2017 Legal Metrology (Packaged Commodities) Rules, 2011 2.
▪ We confirm that all products currently sold by us on Organicoutlet.in have been sourced through approved/authorized distributors/channels and are sold in their original packaging.
▪ We confirm that all products will be shipped and delivered by us maintaining the controlled temperature conditions and intact packaging in such a way that the quality and food safety of the products is not compromised.
▪ We confirm that food and nonfood products, will not be shipped together i.e. in the same corrugated box.
▪ We hereby agree and undertake that any claims or liability in connection with our non – compliance with the conditions set out above shall solely be our responsibility.
We reiterate that Organicoutlet reserves the rights to remove any products listed by the Seller on Organicoutlet.in marketplace, if such products are found to be non-compliant with applicable laws or Organicoutlet policies.
Name of Seller's/ Seller Company:
LIST OF RESTRICTED ITEMS:
• Alcohol that includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne.
• Mass marketing tools that include email lists, software or other producers that allow unsolicited emails (spam)
• Drugs and drug paraphernalia that includes illegal drugs and drug accessories, including medicinal herbs such as sage and magic mushrooms.
• Aids to bypass drug tests that include drug cleaning shakes, urine test additives and related items
• Endangered species that include plants, animals or other organisms (including product derivatives) in danger of extinction
• Gambling / gambling games that include lottery tickets, sports betting, membership / registration / online gambling sites and related content
• Identifications or government documents that include false identifications, passports, diplomas and noble titles
• Hacking and decrypting material that includes manuals, practical guides, information or equipment that allow illegal access to software, server websites or other protected property
• Illegal goods that include materials, products or information that promotes illegal goods or allows illegal acts.
• Miraculous cures that include unproven cures, remedies or other items marketed as quick health solutions.
• Offensive goods that include literature, products or other material that:
➢ Defame or slander any person or group of people according to their race, ethnicity, nationality, religion, sex or other factors.
➢ Promote or incite violent acts.
➢ Promote intolerance or hate.
• Offensive items, crimes that include photos or crime scene items, such as personal belongings, associated with criminals.
• Prescription medications or herbal medications or any type of online pharmacy that includes medications or any other product that requires a prescription from an authorized doctor.
• Pyrotechnic, combustible, corrosive and hazardous materials including explosives, fireworks and related products; Toxic, flammable and radioactive materials and substances.
• Securities that include stocks, bonds or related financial products.
• Tobacco and cigarettes that includes cigarettes, cigars, chewing tobacco and related products.
• Weapons that include firearms, ammunition, knives, brass knuckles, parts of weapons and other armaments.
• Wholesale currency that includes discounted currencies or currency exchange.
• Live animals or skins / skin / teeth, nails and other parts, etc. of animals.
• Any product or service that does not comply with all applicable laws and regulations, whether federal, state, local or international, including the laws of India. The merchant that provides services that have the potential to quote the Facilitators of the low-cost payment gateway and / or who may be prone to the "Buy and deny" attitude of the cardholders when they are billed (for example, adult material / adult content / companion / friend finder services) and, therefore, cause chargebacks and fraud losses.
• Businesses prohibited by law (for example, bets and gambling / publications and content that the authorities may interpret as a moral depravity or decay or incite caste / communal tensions, lotteries / raffles and gambling).
• Copyright software that includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or included software.
• Counterfeit and unauthorized products that include replicas or imitations of designer products; items without the backing of a celebrity that would normally require such association; fake autographs, counterfeit stamps and other potentially unauthorized products.
• Goods and services for adults that include pornography and other sexually suggestive materials (including literature, images and other media); prostitution services; Access to websites and / or memberships in pornography websites or illegal sites.
• Child pornography that includes pornographic materials that involve minors.
• Body parts that include organs or other body parts.
• Cable decoders and black boxes that include devices designed to obtain cable and satellite signals for free.
• Copyright unlocking devices that include Mod chips or other devices designed to bypass copyright protection.
• Any other product as notified by the Government from time to time.