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At JubiDubi, we try our best tocreate an environment for sellers to provide their customers a safe and secureenvironment for shopping. We have created these seller terms and conditions, toensure that JubiDubi can continue to provide world class interactions for bothsellers and customers.
www.jubidubi.com(hereinafter referred to as "Website") is owned by E-LAMA RETAIL PRIVATE LIMITED(hereinafter referred to as the “Company”), a Company incorporated underthe Companies Act, 1956 with its registered office at No.6-2-919, 101, AluruRami Reddy Building, Meeseva road, Ram Nagar, Ananthapuramu-515001, having CINU74900AP2014PTC095155 and GSTIN 37AADCE7535L1Z9.
Capitalized terms used but not defined herein shall have themeaning given to them under the User Terms and Conditions, elsewhere on theWebsite.
Seller Registration: A User whowishes to sell items on the Website shall register on the registration page, byproviding the requisite information/ data on the User Registration page,including all relevant Seller information as required by the Website. Thesellers shall provide true, correct and duly authorized data/ information andshall not be misleading, fraudulent, false, unauthorized and otherwise illegal.The Company has the right to suspend/ terminate the Seller Registration and theuse of the Website by the seller if the Company discovers or it is brought tothe Company's notice that the aforesaid data is misleading or does not complywith the User Agreement and the rules and polices made thereunder and in suchcase the seller shall also be liable for all the liabilities, risks, damagesand consequences that may arise.
Invoicing, Shipping &Product Liabilities: Please note that we are a marketplace platform and providemarketplace services to you. We help Buyers and Sellers connect whereby asSellers you are selling to customers via our platform and we are chargingcommission for services associated with it. Therefore invoicing and shipping tocustomer is your responsibility. Also any taxation related to sale of yourproducts like GST etc. is your responsibility, as a Seller. Also liabilitiesarising from the use, consumption and/or interaction with your products, issolely yours and JubiDubi will not be responsible for any loss or damage due toyour products.
Hold, Suspension and Terminationof Seller Registration: In case of any breach or violation or suspected breachor violation of any of the provisions of this policy or the User Agreement, theCompany may suspend and/or terminate the Seller Registration or may put theremittances on hold with respect to such Seller. The Company may reinstate oractivate Seller’s Registration or remit the Transaction Price to seller subjectto the Seller providing such information, data, documents and undergoing suchverification as may be desired by the Company and as provided in the UserAgreement or the rules and polices made thereunder. Seller’s Registration issubject to the seller remaining an active User of the Website.
Upon identifying or beingnotified by any person or by law enforcement agency that Seller has violatedany law in the performance of the Transaction, the Company may immediatelysuspend Seller’s Registration, notify law enforcement or any other authorityincluding banks for appropriate action or act in any other way to cooperatewith authorities or protect its interests.
Know Your Customer (KYC)Documentation: At the time of Seller Registration and/or at any time thereafterand/or from time to time as may be required, the Company may seek KYC Documentsfrom Seller and further usage of the Website shall be subject to Seller’ssubmission of KYC Documents. 'KYC Documents' shall mean such information, dataor documents as may be specified by the Company from time to time which clearlyand unambiguously verifies the details, including the Seller’s Bank Accountprovided by Seller at the time of registration or at any subsequent date.
The Company may seek KYCDocuments from the Seller at any point of time during the subsistence of thispolicy for compliance with the provisions of the User Agreement and the rulesand polices made thereunder as well as compliance with applicable laws. TheCompany has the right to reject any one or more of the KYC Documents submittedby seller and may ask for other documents or further information.
Charges Applicable to Sellers:The Company shall levy charges/ fees from time to time (for providingfacilities to sell on the Website) to the Sellers in accordance with theFacility Charges Policy incorporated herein by reference. The Company willprovide the Seller with an invoice reflecting the facility charges on a monthlybasis.
The Company may introduce newservices and modify some or all of the existing services offered on theWebsite. Any such changes shall be effective from the time that the Companyposts the same on the Website.
The Seller will be responsiblefor paying all charges associated with the use of the Website and agrees tobear any and all applicable taxes, charges, cesses, surcharges etc. leviedthereon. The seller shall pay the remit the appropriate charges to the Companyor the Company will deduct such charges from the Transaction Price to beremitted to the seller. The Company shall issue the invoice after suchdeduction and remittance. Unless otherwise provided, the charges are payable bythe Seller irrespective of any charge back, refund or non-fulfillment of theTransaction.
The Company reserves the right toset minimum and maximum transaction limits on the Website as it may determinefor the safety of its Users.
Single Listing: You will onlymake one listing for each single item that is offered for sale by you on theWebsite. If you propose to sell more than one identical item you will make aseparate listing for each of them and if all listings result in successful saleyou must be in a position to fulfil all such orders. All listed items must belisted in an appropriate category on the Website. Each listing must containonly one specific item for sale and no choices whatsoever (such as colour, sizeetc.) shall be provided to the buyer.
You agree not to list and proposeto sell any item on the Website that is set out in the list of Restricted Itemsset out in Annex 1 hereto.
All listed items must be kept instock for successful fulfillment of sales. No listing can contain a disclaimerthat suggests that a sale will be completed or order will be confirmed only ifthe item is available with the User who is listing the item. You agree that youshall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing inthe nature of 'wanted advertisements' that do not offer to sell an item butinvites Users to make an offer to you for sale of any item.
You will also not make any offer,either online or offline, or by making another listing on a different website,to sell an item once you have made a listing with respect to such an item onthe Website. You will not make a listing on the Website with respect to an itemwhich is subject to an existing online or offline offer which can be validlyaccepted, including listing on the Website or other websites. In nocircumstances will you attempt to divert any User through your listing to anyother webpage or provide him any information in order to conduct anytransaction outside of the Website.
The Company will be required toremove a listing only upon it being reported to be prohibited or restricted(Annex 1) or violative of applicable law or terms of the User Agreement. TheCompany is not deemed to have any knowledge of such prohibitive, restricted orviolative listing until it has been reported to the Company. Upon receivingsuch reporting the Company will take best efforts to remove such listing at itssole discretion (but will not be liable to do so), within 7 days of receivingsuch reporting.
No Infringement of IntellectualProperty of Company and Third Parties: You must ensure that the listed items donot infringe upon the intellectual property, trade mark, copyright, tradesecret or other proprietary rights or rights of publicity or privacy rights ofany third party. Listings may only include content generated by you in the formof text descriptions, graphics and pictures that describe your item for sale.You agree that use of logos or trademark owned by a third party producer ormanufacturer can lead to infringement of intellectual property rights of suchthird party. You will be solely responsible for listing and use of suchtrademark or intellectual property on the Website, and will hold the Websiteand the Company indemnified and harmless against any claim by third partiesthat may arise in respect of such use. You agree that under no circumstanceswould you use brand names or trademarks not owned by you unless the item thatyou are listing on the Website carries the brand name or trademark of itsoriginal manufacturer or producer. You further agree not to use anyintellectual properties of the Website or the Company including its trademarks,brand name in any manner whatsoever. You will not represent to any User orthird party, in any manner, that you are affiliated or associated with theWebsite or the Company or that you have any right to represent the Website orthe Company.
Appropriate Description inListing: You shall be responsible for providing information relating to theitems offered to be sold by you on the Website. You undertake that all suchinformation at all times shall be accurate and complete in all respects. Thelisting description of the item must not be misleading in any manner whatsoeverand must describe the actual condition of the item. You shall not exaggerate orover emphasize the attributes of any items you propose to sell on the Websiteso as to mislead other Users in any manner. If the item description does notmatch the actual condition of the item, you agree to refund any amounts thatyou may have received from the buyer. You agree not to use misleading titlesfor listing and not provide misleading or inadequate information about thelocation of any listed item. If for any reason you are unable to deliver to anyspecific location, destination or country, you must clearly mention the same onthe listing. You shall not use unrelated keywords, or brand names (even if suchuse does not lead to any intellectual property right violation), or textunrelated to the item on offer for sale in your listing.
You shall not provide anyinformation such as a catalogue of your items in your listing or on the itemsor packaging thereof which will enable a buyer to contact you outside theWebsite to buy such item directly from you instead of buying it from thelisting on the Website. You shall not solicit Users to send you payments by anymethod not approved or provided for on the Website by the Company.
Any image used in the listingmust be of the actual item proposed to be sold on the listing and shall notcopy images from other listings available on the Website. You cannot disclaimany liability including liability with respect to authenticity, merchantabilityof items that you offer to sell on the Website.
You shall not endorse any itemother than that being listed by you anywhere in the Website. You agree not toprovide any description in any listing made by you in any manner that suggestsyou are in any way connected to, or are representing or selling on behalf of amanufacturer or producer of the item unless you are the manufacturer orproducer, or you have obtained a written permission or entered into anagreement with such manufacturer or producer under which you are entitled torepresent as such.
[Any free or bonus item promisedin a listing for promotional purposes must be delivered together with the mainitem being offered through the listing. All provisions of the User Agreementincluding the rules and policies made there under that apply to the main itemwill apply mutatis mutandis to the free or bonus item as well to the extent itmay be applicable.]
Categories: If the Websiteprovides for categories of items, then the Seller must take adequate care tolist items in the appropriate category. Failure to do so may result iscancellation of listing.
Method of Payment: At the timeof listing, of the various modes of payment provided by the Company on theWebsite, you shall also choose the modes of payment which are acceptable to youand the buyer will have the option to pay the Transaction Price only by themodes of payment selected by you. If you fail to choose your preferred modes ofpayment, for any reason whatsoever, the Buyer will have the option to pay theTransaction Price by any mode of payment provided on the Website.
Clean Sale: You represent andconfirm that you shall be the sole and exclusive legal owner of all items ofany description that you propose to offer for sale on the Website. You shallhave absolute right free of any encumbrance, lien, hypothecation, mortgage,charge, and adequate title and authority to deal in and offer for sale suchitems as may be listed by you on the Website.
If it comes to your knowledgethat any Transaction or attempted Transaction relating to any item listed onthe Website is violative of this clause or this Seller Agreement or applicablelaws, you shall take all steps to inform the Company of the same forthwith.
Unfair Consumer Practice: Youwill not engage in any unfair consumer practice or any such practices that areforbidden under applicable laws, including but not restricted to the ConsumerProtection Act, 1986.
Feedback: Buyers of items on theWebsite are entitled to write reviews and rate the items as well as the selleron the Website. As a seller, you accept that such reviews and rating may beadverse to your business, economic and other interests including reputation.You hereby relinquish any right you may have to take legal or any other actionagainst persons who have provided such reviews/ ratings or against the Companyor the Website for any loss of business, reputation or any other loss arisingout of such reviews or ratings provided by buyers and other Users inconsideration of being allowed to participate in the website for the purpose ofselling your items.
Non payment: The Companyreserves the right to issue a warning, temporarily /indefinitely suspend orterminate your membership of the Website and refuse to provide you with accessto the Website in case of non-payment of any other fees payable by you to theCompany. The Company also reserves the right to take legal action in case ofsuch non-payment.
Refusal to sell: Once any Userconfirms a purchase in response to a listing made by you by making requisitepayment through Payment on Billing, the sale is considered complete and allproperty and title in the listed item passes on to the buyer. You cannot refuseto sell the item, or refuse to accept payment or fail to deliver the item afterthe payment has been successfully made and the Transaction is confirmed. In caseof sale of item wherein the buyer has opted for Payment on Delivery as apayment method, the sale is considered complete and all property and title inthe listed item passes on to the buyer only after payment of the TransactionPrice and upon Delivery.
Pricing: The price of the itemproposed to be purchased shall include, if applicable, the shipping charges,insurance charges and all other taxes, duties, costs, charges and expenses inrespect thereof. The shipping and handling charges included in the price of theitem must be reasonable and cannot be disproportionate to the cost of the itemor significantly above actual cost which maybe charged by a reputed andcompetitive service provider.
Buyer satisfaction: You herebyaccept the obligation to ensure high level of buyer satisfaction. If youreceive more than 10% negative reviews or feedback from Users who have boughtitems listed by you, you will be considered to have failed to comply with thisobligation. In such case, the Company may at its sole discretion cancel yourlisting, place limits on availability of services and facilities, suspend youraccount, demand a security deposit for future listings or continue yourlistings, impose higher fees and additional charges for permitting you tocontinue using the Website for listing and selling items. You may communicatewith a buyer after a confirmed sale has taken place and directly resolve anycomplaint or dispute that such buyer may have.
Ending of Listing: Youunderstand and agree that the Company at its sole discretion may end anylisting at any point of time without any notice and also in case where anylisting does not result in a successful transaction within 30 days of listing.However, the Company may choose not to remove any such listing and extend theperiod of listing for such time as it thinks fit. A listing will naturally endif it results in a confirmed Transaction.
Payment Confirmation: Subject tothe modes of payment chosen by the Seller, in case of payment by Payment onBilling, upon successful receipt of the Transaction Price by the Company fromthe Buyer, usually on the same day, but in case of exceptions within  workingdays of booking the Transaction and completion of verification of payment, theCompany shall notify the buyer and the seller that the Transaction Price hasbeen received. In case of payment by Payment on Delivery, the Company shallnotify the buyer and seller that the buyer has committed to pay the TransactionPrice by Payment on Delivery.
Rules for Dispatch: The Selleris required to Dispatch the items for every Transaction to the Buyer within days from the Payment Confirmation or within such timelines as may be agreedupon between the buyer and seller through the Website to ensure that the itemsare Delivered within timely manner. You should Dispatch the item only afterreceiving the Payment Confirmation from the Company.
Dispatch Details: The Sellershall provide the Dispatch Details on the Website within  days from thePayment Confirmation or within such timelines as may be agreed upon between thebuyer and seller on the Website. If the Seller fails to enter the DispatchDetails in the Website within such prescribed time, the Company may in its solediscretion cancel the Transaction and refund the Transaction Price (if paid) tothe Buyer.
It is the sole responsibility ofthe seller to ensure that the goods shipped are received by the buyer are ingood condition and not damaged for any reason whatsoever.
All remittances to Sellers inrespect of Payment on Delivery Transactions shall be made through cheque/demand draft or online bank transfer to Seller's Bank Account. In cases wherethe Payment on Delivery option is selected, remittance of the Transaction Pricepaid by the Buyer will be made within  days of Delivery.
The Company reserves the right tokeep on hold the remittance to the Seller for purposes of safety of the SellerRegistration Facility and/or Users. In such case, the Seller will be intimatedand required to complete additional check and verification and the Company maycontact the Seller for verification of or additional information, details, dataand documents. The Company reserves the right to refund the Transaction Pricethat has been kept on hold to the Buyer, if such requisite information,details, data and documents are not provided within the stipulated time, or thesame is false, misleading, incorrect or incomplete.
Remittances to the Seller fortheir successful Transactions under the Seller Registration Facility would bein accordance with the provisions contained herein and applicable laws inIndia, particularly the directions issued by the Reserve Bank of India fromtime to time for opening and operation of accounts and settlement of paymentsfor electronic payment transactions involving intermediaries dated 24 November2009.
Seller warrants and undertakesthat:
o the Seller sells orDelivers any illegal, prohibited or counterfeit items; or
o the description ofthe items listed do not match the actual condition of the items or the items aredefective or damaged on Delivery; or
o there is anydispute between Seller and the Buyer relating to the Transaction, or
o the use of a ValidCard or Valid Bank Account by a Buyer while paying Transaction Price wasunauthorized or was a result of fraud or hacking of bank accountpassword; or
o the Buyer claims arefund of or charges back the Transaction Price,
the Company has the right to takeappropriate legal action including right to set off from subsequent remittancesto seller until such amount is fully recovered. In case the subsequent balancesare not enough for recovery, within 7 days of receipt of a notice to thateffect from the Company, the Seller shall pay the shortfall to the Company. Incase the Company is not able to recover the shortfall, within the given time,it reserves the rights to take appropriate legal actions against Seller.
Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the Seller Registration Facility.
In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
Seller verification and refund to Buyers: The Seller authorises the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund.
Chargeback: A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Seller by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Seller. The Seller will be notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.
Data Retention The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.
LIST OF RESTRICTED ITEMS