The Application allows the Users to place orders for the
products sold by various Vendors or Resellers and the Company will, subject to the terms and
conditions set out herein, facilitate the placement of orders for the products to the Users. The
Company does not own, sell, resell products on its own and/or does not control the Vendors or
Resellers. The Company reserves the right to delist any product from the Application.
The Users understand that any order that they place shall be
subject to the terms and conditions set out in these Terms of Service, and any terms and
conditions imposed by the Vendor or Reseller concerned.
On receipt of an order from a User, the Company shall send
electronically a confirmation of such order to the Vendor or Reseller and the User concerned.
Further, the Company may inform the Users about the availability or unavailability or change in
price of the order as informed by the Vendor or Reseller confirmed. Confirmation of the order
shall be treated as final.
All commercial/contractual terms are offered by and agreed
to between Vendors or Resellers and the Users alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date, period and mode
of delivery, warranties related to products, etc. The Company does not have any control or does
not determine or advise or in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Vendors or Resellers and the Users. All discounts and
offers are by the Vendors and Resellers and not by the Company.
The Users acknowledge and agree that the Company may, at the
request of the Vendor or Reseller, act as the payment agent for the limited purpose of accepting
payments from them on behalf of the Vendor or Reseller. Upon payment of the amounts to the
Company, which are due to the Vendor or Reseller, the payment obligation to the Vendor or
Reseller for such amounts is completed, and the Company will be responsible for remitting such
amounts, to the Vendor or Reseller. The Users understand, accept and agree that the payment
facility provided by the Company is neither a banking nor financial service but is merely a
facilitator providing a third party payment processor for the transactions on the Application.
Further, by providing payment facility, the Company is neither acting as trustees nor acting in
a fiduciary capacity with respect to the transaction or the transaction price. The Company will
not be liable for any charges made by the Users bank in relation to payment of the total amount.
The Users agrees to provide current, complete and accurate
purchase and account information for all purchases made at on the Application. The Company
agrees to promptly update the Users account and other information, including email addresses and
credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name,
billing address and credit card information will have to be provided either to the Company or
the third party payment processor. If the Users are directed to the third party payment
processor, they may be subject to terms and conditions governing use of that third party’s
service and that third party’s personal information collection practices. Users are requested to
The Company merely collects the payment on behalf of the
Vendor or Reseller. All applicable taxes and levies, the rates thereof and the manner of
applicability of such taxes on the bill are being charged and determined by the Vendor or
Reseller. The Company holds no responsibility for the legal correctness/validity of the levy of
such taxes. The sole liability with respect to any legal issue arising on the taxes payable
shall be with the Vendor or Reseller.
The transaction is bilateral between the Vendor or Reseller
and the Users and therefore, the Company is not liable to charge or deposit any taxes applicable
on such transaction.
- Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging
- Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C
- Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling)
Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product
Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety
and Standard (food or Health Supplements, Nutraceuticals, Food for Special Special
Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement
As per above mentioned acts and regulations and any other relevant
law in place during the tenure of this association , we understand that there is an obligation
on the Supplier/ Reseller transacting on Selltm App to ensure that package in which the products
are sold complies with labelling and packing requirements . Hence, it shall be the sole
responsibility of the Supplier / Reseller to comply with applicable laws and Fashnear
Technologies Private Limited (the ‘Company’) or platform “Selltm App” shall not be held
responsible in anyways . Supplier/ Reseller shall indemnify the company and the platform for any
harm or loss in relation to contravention of above regulations.