Introduction
We value the trust you place in us and recognize the importance of secure
transactions and information privacy. This Privacy Policy describes how
ShopCircuit (owned by Vidyant Technologies Private Limited and its
affiliates (collectively "ShopCircuit, we, our, us") collect, use, share,
protect or otherwise process your personal information through ShopCircuit
website https://www.ShopCircuit.ai. While you may be able to browse certain
sections of the Platform without registering with us, however, please note
we do not offer any product/service under this Platform outside India. Your
personal information will primarily be stored and processed in India and may
have data protection laws that are different from those that apply in the
country in which you are located. By visiting this Platform, providing your
information or availing any product/service offered on the Platform, you
expressly agree to be bound by the terms and conditions of this Privacy
Policy, the Terms of Use and the applicable service/product terms and
conditions, and agree to be governed by the laws of India including but not
limited to the laws applicable to data protection and privacy. If you do not
agree please do not use or access our Platform.
Collection
We collect your personal information relating to your identity, demographics
and when you use our Platform, services or otherwise interact with us during
the course of our relationship and related information provided from time to
time. Some of the information that we may collect includes but is not
limited to Information provided to us during sign-up/registering or using
our Platform such as name, date of birth, address, telephone/mobile number,
email ID, occupation and any such information shared as proof of identity or
address. If you are a seller with us, we may also request you to share your
PAN, GST number, Government issued ID cards/number and Know-You-Customer
(KYC) details to check your eligibility for listing your products, services
or events including but not limited to credit and payment products. Some of
the sensitive personal information such as your bank account or credit or
debit card or other payment instrument information or biometric information
such as your facial features or physiological information (in order to
enable use of certain features available on the Platform to assist you with
your shopping experience) or password etc. Some of the information such as
your shopping behaviour, preferences, call data records, device location,
voice, your browsing history, and other information that you may provide to
us from time to time. Our primary goal in doing so is to provide you a safe,
efficient, smooth, and customized experience. This allows us to provide
services and features that most likely meet your needs, and to customize our
Platform to make your experience safer and easier. In general, you may
browse the Platform without telling us who you are or revealing any personal
information about yourself. Once you give us your personal information, you
are not anonymous to us. Where possible, we indicate which fields are
required and which fields are optional. You always have the option to not
provide information, by choosing not to use a particular service or feature
on the Platform. We may track your buying behaviour, preferences, and other
information that you choose to provide on our Platform. We use this
information to do research on our users' demographics, interests, and
behaviour to better understand and serve our users. This information is
compiled and analysed on an aggregated basis. This information may include
the URL that you just came from (whether this URL is on our Platform or
not), which URL you next go to (whether this URL is on our Platform or not),
your computer browser information, and your IP address. We will also collect
your information related to your transactions on Platform and such
third-party business partner platforms. When such a third-party business
partner collects your personal information directly from you, you will be
governed by their privacy policies. We shall not be responsible for the
third-party business partner’s privacy practices or the content of their
privacy policies, and we request you to read their privacy policies prior to
disclosing any information. If you set up an account or transact with us, we
may seek some additional information, such as billing address, credit/debit
card number and a credit/debit card expiration date and/ or other payment
instrument details and tracking information from cheques or money orders to
provide services, enable transactions or to refund for cancelled
transactions. If you choose to post messages on our message boards,
personalised messages, images, photos, gift card message box, chat rooms or
other message areas or leave feedback/product review or if you use voice
commands to shop on the Platform, we will collect that information you
provide to us. Please note such messages posted by you will be in public
domain and can be read by others as well, please exercise caution while
posting such messages, personal details, photos and reviews. We retain this
information as necessary to resolve disputes, provide customer support,
internal research and troubleshoot problems as permitted by law. If you send
us personal correspondence, such as emails or letters, or if other users or
third parties send us correspondence about your activities or postings on
the Platform, we may collect such information into a file specific to you.
While you can browse some sections of our Platform without being a
registered member, certain activities (such as placing an order or consuming
our online content or services or participating in any event) requires
registration. We may use your contact information to send you offers based
on your previous orders or preferences and your interests. If you receive an
e-mail, a call from a person/association claiming to be from ShopCircuit
seeking sensitive personal information like debit/credit card PIN,
net-banking or mobile banking password, we request you to never provide such
information. We at ShopCircuit or our affiliate logistics partner do not at
any time connect with you requesting for such information. If you have
already revealed such information, report it immediately to an appropriate
law enforcement agency.
Use
We use personal information to provide the services you request. To the
extent we use your personal information to market to you, we will provide
you the ability to opt-out of such uses. We use your personal information to
assist sellers and business partners in handling and fulfilling orders;
enhancing customer experience; to resolve disputes; troubleshoot problems;
help promote a safe service; collect money; measure consumer interest in our
products and services, inform you about online and offline offers, products,
services, and updates; customize your experience; detect and protect us
against error, fraud and other criminal activity; enforce our terms and
conditions; conduct marketing research, analysis and surveys; and as
otherwise described to you at the time of collection of information. We will
ask for your permission to allow us access to your text messages (SMS),
instant messages, contacts in your directory, camera, photo gallery,
location and device information: (i) to send commercial communication
regarding your orders or other products and services (ii) enhance your
experience on the platform and provide you access to the products and
services offered on the Platform by sellers, affiliates, partners or lending
partners. You understand that your access to these products/services may be
affected in the event permission is not provided to us. In our efforts to
continually improve our product and service offerings, we collect and
analyse demographic and profile data about users' activity on our Platform.
We identify and use your IP address to help diagnose problems with our
server, and to administer our Platform. Your IP address is also used to help
identify you and to gather broad demographic information. We will
occasionally ask you to complete surveys conducted either by us or through a
third- party market research agency. These surveys may ask you for personal
information, contact information, gender, date of birth, demographic
information (like pin code, age or income level) attributes such as your
interests, household or lifestyle information, your purchasing behaviour or
history preference and other such information that you may choose to
provide. The survey may involve collection of voice data or video
recordings. Participation in these surveys are purely voluntary in nature.
We use this data to tailor your experience at our Platform, providing you
with content that we think you might be interested in and to display content
according to your preferences.
Cookies
We use data collection devices such as "cookies" on certain pages of the
Platform to help analyse our web page flow, measure promotional
effectiveness, and promote trust and safety. "Cookies" are small files
placed on your hard drive that assist us in providing our services. Cookies
do not contain any of your personal information. We offer certain features
that are only available through the use of a "cookie". We also use cookies
to allow you to enter your password less frequently during a session.
Cookies can also help us provide information that is targeted to your
interests. Most cookies are "session cookies," meaning that they are
automatically deleted from your hard drive at the end of a session. You are
always free to decline/delete our cookies if your browser permits, although
in that case you may not be able to use certain features on the Platform and
you may be required to re-enter your password more frequently during a
session. Additionally, you may encounter "cookies" or other similar devices
on certain pages of the Platform that are placed by third parties. We do not
control the use of cookies by third parties. We use cookies from third-party
partners such as Google Analytics for marketing and analytical purposes.
Google Analytics helps us understand how our customers use the site. You can
read more about how Google uses your Personal Information here:
https://www.google.com/intl/en/policies/privacy/. You can also opt-out of
Google Analytics here:https://tools.google.com/dlpage/gaoptout
Sharing
We may share your personal information internally within ShopCircuit
entities, our other corporate entities, and affiliates to provide you access
to the services and products offered by them.. These entities and affiliates
may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may
be required for us to provide you access to our services and products
offered to you, to comply with our legal obligations, to enforce our user
agreement, to facilitate our marketing and advertising activities, to
prevent, detect, mitigate, and investigate fraudulent or illegal activities
related to our services. We may disclose personal and sensitive personal
information to government agencies like ONDC or other authorised law
enforcement agencies if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court
orders, or other legal process. We may disclose personal information to law
enforcement offices, third party rights owners, or others in the good faith
belief that such disclosure is reasonably necessary to: enforce our Terms or
Privacy Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public. We and our
affiliates will share / sell some or all of your personal information with
another business entity should we (or our assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur, that other
business entity (or the new combined entity) will be required to follow this
privacy policy with respect to your personal information.
Links to Other Sites
Our Platform links to other websites that may collect personal information
about you. ShopCircuit is not responsible for the privacy practices or the
content of those linked websites.
Security Precautions
To protect your personal information from unauthorised access or disclosure,
loss or misuse we adopt reasonable security practices and procedures, in
line with international standards. Whenever you access your account
information, we offer the use of a secure server. The transmission of
information is not completely secure for reasons beyond our control. We
adopt industry standard security measures and keep updating our systems from
time to time to protect your personal information against any hacking or
virus dissemination. However, by using the Platform, the users accept the
security implications of data transmission over the internet and the World
Wide Web which cannot always be guaranteed as completely secure, and
therefore, there would always remain certain inherent risks regarding use of
the Platform. Users are responsible for ensuring the protection of login and
password records for their account.
Choice/Opt-Out
We provide all users with the opportunity to opt-out of receiving
non-essential (promotional, marketing-related) communications from us after
setting up an account. If you do not wish to receive promotional
communications from us, then please unsubscribe by clicking on the
unsubscribe link in the email or visit our Help Center.
Advertisements
We use third-party advertising companies to serve ads when you visit our
Platform. These companies may use information (not including your name,
address, email address, or telephone number) about your visits to this
Platform and other websites in order to provide advertisements about goods
and services of interest to you. You have an option to opt-out from tracking
of personalized advertising using the “Opt out of Ads Personalization”
settings using your device’s settings application. ShopCircuit will have no
access to your GAID once you select this feature.
Use of Children Information
Use of our Platform is available only to persons who can form a legally
binding contract under the Indian Contract Act, 1872. We do not knowingly
solicit or collect personal information from children under the age of 18
years. If you have shared any personal information of children under the age
of 18 years, you represent that you have the authority to do so and permit
us to use the information in accordance with this Privacy Policy.
Data Retention
We retain your personal information for a period no longer than is required
for the purpose for which it was collected or as required under any
applicable law. However, we may retain data related to you if there is a
legal obligation to retain the data; if required to comply with any
applicable statutory or regulatory retention requirement by law; if we
believe it may be necessary to prevent fraud or future abuse; to enable
ShopCircuit to exercise its legal rights and/or defend against legal claims;
or for other legitimate purposes. We may continue to retain your data in
anonymised form for analytical and research purposes.
Your Rights
We take every reasonable step to ensure that your personal information that
we process is accurate and, where necessary, kept up to date, and any of
your personal information that we process that you inform us is inaccurate
(having regard to the purposes for which they are processed) is erased or
rectified. You may access, correct, and update your personal information
directly through the functionalities provided on the Platform. You may
delete certain non-mandatory information by logging into our website and
visiting Profile and Settings sections. You can also write to us at the
contact information provided below to assist you with these requests. You
have an option to withdraw your consent that you have already provided by
writing to us at the contact information provided below. Please mention “for
withdrawal of consent” in the subject line of your communication. We will
verify such requests before acting upon your request. Please note, however,
that withdrawal of consent will not be retroactive and will be in accordance
with the terms of this Privacy Policy, related Terms of Use and applicable
laws. In the event you withdraw consent given to us under this Privacy
Policy, such withdrawal may hamper your access to the Platform or restrict
provision of our services to you for which we consider that information to
be necessary.
Consent
By visiting our Platform or by providing your information, you consent to
the collection, use, storage, disclosure and otherwise processing of your
information (including sensitive personal information) on the Platform in
accordance with this Privacy Policy. If you disclose to us any personal
information relating to other people, you represent that you have the
authority to do so and permit us to use the information in accordance with
this Privacy Policy. You, while providing your personal information over the
Platform or any partner platforms or establishments, consent to us
(including our other corporate entities, affiliates, lending partners,
technology partners, marketing channels, business partners and other third
parties) to contact you through SMS, instant messaging apps, call and/or
e-mail for the purposes specified in this Privacy Policy. You have an option
to withdraw your consent that you have already provided by writing to the
Grievance Officer at the contact information provided below. Please mention
“Withdrawal of consent for processing personal information” in your subject
line of your communication. We will verify such requests before acting on
our request. Please note, however, that withdrawal of consent will not be
retroactive and will be in accordance with the terms of this Privacy Policy,
related terms of use and applicable laws. In the event you withdraw consent
given to us under this Privacy Policy, we reserve the right to restrict or
deny the provision of our services for which we consider such information to
be necessary.
Changes to this Privacy Policy
Please check our Privacy Policy periodically for changes. We may update this
Privacy Policy to reflect changes to our information practices. We will
alert you to significant changes by posting the date our Privacy Policy got
last updated, placing a notice on our Platform, or by sending you an email
when we are required to do so by applicable law.
Grievance Officer
Mr Abhinav Srivastava : Founder, Vidyant Technologies Pvt Ltd., Old no 221 &
22/2, New no 144 & 144/1, Shubhram Complex, 5th floor, MG Road, Bangalore,
560001
Contact us
You can reach our customer support team to address any of your queries or
complaints related to product and services by writing to
support@shopcircuit.ai or call us at Phone: +91-76-76580202 Time: Mon - Sat
(9:00 - 18:00).
Queries
If you have a query, concern, or complaint in relation to collection or
usage of your personal information under this Privacy Policy, please contact
us at the contact information provided above.
Company (as defined in the Buyers_Terms of Use ToU) respects all third party
intellectual property. If you believe that your intellectual property rights
have been used in a way that gives rise to concerns of infringement, please
refer to the procedure for registration of a complaint mentioned herein
below.
To facilitate and assist people and organizations protect their intellectual
property rights and as a trust building exercise between Company and its
users, the Company has put in place this Intellectual Property Policy ("IP
Policy") to identify and remove infringing or unlicensed items and material
listed on its Platform (as defined in the Terms & Conditions) when an owner
of intellectual property reports such infringement to us. The IP Policy is
made in compliance with the applicable Indian Laws.
Intellectual Property
For the purpose of this IP Policy,"Intellectual Property" includes the
following:
-
"Trade Marks" means a mark capable of being represented graphically
and which is capable of distinguishing the goods or services of one
person from of the others and may include service marks, logos,
designs, trade dress, shape of goods, their packaging or combination
of colours, as are duly registered and/or pending registration under
the Trade Marks Act, 1999.
-
"Copyrights" in, copyrighted works and copyrighted materials i.e.
literary, dramatic or musical work or artistic work, owned, acquired
or validly licensed to any person in terms of the Copyright Act,
1957.
-
Other intellectual property rights legally valid and recognised in
India such as trade secrets, proprietary know-how, any patentable or
non-patentable inventions, discoveries or any modifications,
adaptations, derivatives or improvements of each of the above.
Eligibility to Report
If you are the owner/valid licensee of any Intellectual Property in any
content ("IP Owner") available/uploaded on Platform without your consent, or
you believe that your content has been copied/misused in any way that
constitutes infringement of your Intellectual Property rights, you may
report the same to Company.
Procedure to report Intellectual Property right
infringement
IP Owner is required to email us at support@shopcircuit.ai; a notice of
infringement in the format set out in SCHEDULE I here to ("Notice Form")
specifying the allegedly infringing listings on Platform.
Company, on receipt of the Notice Form, may satisfy itself with the (a)
genuineness of a duly and completely filled Notice Form and (b) the
veracity thereof. Basis the same, Company may:
-
immediately delist the infringing products from the Platform;
-
block the relevant supplier/reseller/vendor/merchant/advertiser
account from Platform and/or bar such
supplier/reseller/vendor/merchant/advertiser from listing any
products on Platform.
Indemnity
IP Owner understands that by submitting Notice Form, IP Owner grants to
Company, the right to inter alia forwarding the Notice Form to the parties
involved in the provision of the allegedly infringing content. You agree to
indemnify Company for all claims brought by a third party against Company
arising out of or in connection with the submission of a Notice Form.
Consequences of Incomplete/Frivolous Reporting
If the Notice Form is incomplete or Company opines (in its sole
discretion) that the Notice Form is frivolous and/or fake, Company may
not take any action as stated above and may, if it deems necessary,
report to the relevant supplier/reseller/vendor/merchant/advertiser.
If relevant supplier/reseller/vendor/merchant/advertiser believes that a
report against it is frivolous, such relevant
supplier/reseller/vendor/merchant/advertiser may intimate Company about
the same along with documentary proof thereof ("Counter Claim").
Company may reactivate the account of such relevant
supplier/reseller/vendor/merchant/advertiser and list the products on
the Platform if Company is satisfied, in its sole discretion, of the
genuineness of such Counter Claim. Company may require such
supplier/reseller/vendor/merchant/advertiser to provide such information
or documents, as it may deem fit for the said purpose.
You acknowledge that Company will exercise its discretion based on the
documents and information provided by you and shall not independently
verify the genuineness of your claim. Accordingly, Company shall not be
held liable in any manner for any act/omission, so far as Company
exercises reasonable and due diligence with respect to any Notice Form
and/or a Counter Claim.
You acknowledge that Company is not a statutory or judicial body and may
act or omit to act basis the documents provided to it either by an
alleged IP Owner or relevant
supplier/reseller/vendor/merchant/advertiser. You accordingly,
acknowledge that Company shall not be liable for any such action or
omission.
NOTICE FORM
To,
Vidyant Technologies
I/We, [__] [insert name] (s/d/o or a company/LLP registered under the
Companies Act, 1956/2013/ Limited Liability Partnership Act 2008)
residing at/having registered office at [__] [insert address], through
authorised representative Mr. [__] [insert name and designation],
authorised vide [__] [insert details of Board Resolution, if any] do
solemnly and sincerely declare as follows.
I/We am/are the right owner of certain Intellectual Property rights,
created/modified and applied for registration/registered under [__]
[insert details of relevant statute]. Please see enclosed certified true
copy of [__] [insert details proof of ownership of Intellectual Property
by IP Owner];
I/We believe that the item listings or materials identified in the
annexure attached hereto [link and other details to be provided] are not
authorised by me/us, our agent, or the law and therefore infringe my/our
Intellectual Property rights;
[__] [insert reasons for comprehending that the products in question
violate IP Owner's Intellectual Property rights and the basis of your
decision such as test purchases, laboratory reports or such similar
documentary proof].
In light of above, you are requested to expeditiously remove or disable
access to the material or products claimed to be infringing from
ShopCircuit.ai/Portal.
I/We may be contacted at:
- Name- [__]
- Designation & Company- [__]
- Address- [__]
- Email- [__]
- Telephone/Fax- [__]
and make this declaration conscientiously believing it to be true and
correct.
Declared by [__] on [__] [insert date] at [__] [insert place]
Yours sincerely,
Signature
Note:
- Please provide documentary proof of ownership of Intellectual
Property;
- Please provide documentary proof supporting your claim (if any);
- Please note that all documentary proof submitted along with this
Notice should be "certified as true".
- Please note that the information and documents provided in this
notice may be shared with the person who is alleged to have
infringed your Intellectual Property.
- Please note that the Company reserves the sole right to take a
decision in this regard, as it may deem appropriate. The Company
shall not be liable for an act/omission on account of verifying any
claim/document thereof.
Company (as defined in the Buyers_Terms of Use ToU) respects all third party
intellectual property. If you believe that your intellectual property rights
have been used in a way that gives rise to concerns of infringement, please
refer to the procedure for registration of a complaint mentioned herein
below.
To facilitate and assist people and organizations protect their intellectual
property rights and as a trust building exercise between Company and its
users, the Company has put in place this Intellectual Property Policy ("IP
Policy") to identify and remove infringing or unlicensed items and material
listed on its Platform (as defined in the Terms & Conditions) when an owner
of intellectual property reports such infringement to us. The IP Policy is
made in compliance with the applicable Indian Laws.
What can I return?
You may request returns for most items you buy from sellers and
suppliers listed on the Platform that are within the return window.
However, products that are explicitly identified as ‘not returnable’ on
the product detail page cannot be returned. Products which are
identified as ‘returnable’ are eligible for return with the conditions
as specified in the product description page and this policy.At the
discretion of the Platform, Products sold under any offer, promotion or
discount may not be returned. All returns are subject to the details
provided in the product description page and other Sections of this
policy. Products that are not eligible for return on the Platform, may
be exchangeable for reasons mentioned on the product description page on
the Platform..
However, if you receive a damaged/defective/wrong product from any
seller listed on the Platform, you will still be allowed to exchange the
product for reasons as provided in the product description page. In case
you have purchased a product with which a free product is delivered, and
you raise a request for return the main product, you will have to return
the free product as well. Further, a product which forms a part of a
package of other products, you must return all products that form part
of the package to process the refund.
In circumstances where you return an extra or a different product,
ShopCircuit will not be accountable for misplacement or replacement of
such product and will not be responsible for its delivery back to you.
What are the return options?
Certain products on ShopCircuit will have two return options available: (a)
Wrong/Defect item return option, and (b) all return option. If a product
does not have the above-mentioned options for return, the return option
available for the Product in the product description page will be
applicable. All return options are subject to the product being identified
as returnable in the product description page.
What is the Wrong/Defect item return option and all return
options?
ShopCircuit provides an ‘all return option’ to its users, wherein
users will be able to enjoy certain privileges on a specific product
for payment of a premium on the product cost. Features of an all
return option are as follows:
-
Subject to seller’s return/exchange policy provided on the
product description, the user will be allowed to return/refund
an already purchased product, if the said product is eligible
for return/exchange.
-
The user will be eligible to return the specific product for
reasons other than the product being wrong or damaged.
-
The all return option is available only for specific products.
For users not availing an all return option, shall be eligible for a
‘Wrong/Defect item return option’ .
If you opt for the Wrong/Defect item return option:
-
Subject to seller’s return/exchange policy, the user will be
allowed to return/refund an already purchased product, if the
said product is eligible for return/exchange.
-
The user will be eligible for return/refund of the product if
the product received is defective, damaged, wrong or incomplete
due to seller’s fault or if the user has received the wrong
product.
Will my return be free of cost?
If you have opted for an all return option, you may return the product
free of cost no matter what the reason. Certain products may have return
fees associated which will be clearly stated on the product details
page.
If you have opted for the Wrong/Defect return option, you may return the
product free of cost if fault with the product lies with the supplier.
The following are the faults which lies with the supplier:
Return Reason Category |
Actual Return Reason |
Wrong Product |
Wrong Size Delivered |
Same product in different colour |
Completely different product from the product shown |
Defective Product |
Product is dirty or with stains |
Product is broken |
Product is torn |
Received incomplete product |
Part of the product is missing
|
Less quantity than ordered |
The following faults will need to be verified before arranging return
free of cost:
-
The quality is not merchantable;
-
product has low performance; and
-
Late Delivery
How to return items?
You can return the products purchased on the Platform within the
specified return/exchange period provided on the product description
page. To return a product, please follow the steps mentioned below:
-
If a product is eligible for return, the user will be able to
initiate the return request under the ‘My Orders’ section.
-
Create a ‘return request’ under the ‘My Orders’ section on the
Platform and follow the instructions provided on the Platform.
-
After the ‘return request’ has been raised, Return ID will be
generated by ShopCircuit.
-
In case you purchase multiple products in a single order, return
requests for individual items can also be raised.
-
Once a return request is raised, ShopCircuit shall analyse the
request and accordingly process the request internally. All return /
exchange claims shall be subject to ShopCircuit’s discretion.
-
If you have scheduled a pick – up for returning the product, please
keep the items ready to be picked up by the delivery partners.
-
Please keep the product in the original manufacturer’s packaging,
all tags should be intact and warranty card, if any, should also be
placed with the product.
-
At the time of pick up, our delivery partner may conduct a quality
check on the product to ensure the product meets the criteria
specified under return guidelines. If the product fails such a
quality check, the product shall not be returned, and no refund
shall be made against such product.
-
Please note that the product will be picked up from the same address
where delivery was made. In case pick up is to be made from a
different address, the same should be notified to ShopCircuit by
writing to legalsupport@ShopCircuit.com. Such request may be
accepted at ShopCircuit’s sole discretion and subject to the new
address being in serviceable area.
-
Further, on receipt of returned product, the product shall undergo a
quality check. If the product returned in an acceptable condition,
as determined by ShopCircuit at its sole discretion, the refund
shall be initiated, otherwise the product will be re-shipped to you,
at your cost, and no refund/exchange shall be initiated.
Can my order be exchanged?
All products which are returnable are eligible to be exchanged, subject
to the return options mentioned hereinabove. However, there may be
certain products which are not eligible for return but are eligible for
exchange. Further, exchange is subject to stock availability and subject
to your address being serviceable for exchange. In the event that a
product for which only exchange is available as per the product
description page, the user can opt for a ‘call me back’ option and the
returns will be enabled for that user once it is found that the return
has been initiated for genuine reasons on the sole discretion of
ShopCircuit.
The exchange request must be raised within the return window period
specified on the product detail page.
In case of exchange, if the cost of the new product is more than the
original product delivered, you will have to pay the difference amount
and if the cost of the new product is less than the original product
delivered, the difference amount will be refunded.
Further, once a product has been exchanged, there cannot be any more
exchanges on the same order.
How to exchange items?
You can exchange the products purchased on the Platform within the
specified exchange period, unless the product description page specifies
that the product is not exchangeable. It is hereby clarified that
exchange in this policy means exchange with the same product and not
with a different product. To exchange a product, please follow the steps
mentioned below:
-
If a product is eligible for exchange, the option shall be available
against the product under ‘My Orders’ section.
-
Create a ‘exchange request’ under the ‘My Orders’ section on the
Platform and follow the screens that are prompted.
-
In case you purchase multiple products in a single order, exchange
requests for individual item can also be raised.
-
After a exchange request has been raised, Exchange Id will be
generated.
-
Keep the items ready for exchange pick up. Please keep the product
in the original manufacturer’s packaging, all tags should be intact
and warranty card, if any, should also be placed with the product.
-
Once the original product is handed over to the delivery agent, the
exchanged product will be delivered to you separately.
-
At the time of pick up, the delivery agent may conduct a quality
check on the product to ensure the product meets the criteria
specified under return guidelines. If the product fails such quality
check, the product shall not be exchanged, and no refund shall be
made against such product.
-
The product will be picked up from the same address where delivery
was made. In case pick up is to be made from a different address,
the same should be notified to ShopCircuit by writing to
legalsupport@ShopCircuit.com. Such request may be accepted or
rejected at ShopCircuit’s sole discretion and subject to the new
address being in serviceable area.
-
Further, on receipt of returned product, the product shall undergo a
quality check. If the product is in an acceptable condition, as
determined by ShopCircuit at its sole discretion, the refund shall
be initiated, otherwise the product will be re-shipped to you, at
your cost, and no refund shall be initiated.
What are the return and exchange guidelines?
Prior to creating a return or exchange request on the platform, you
shall ensure that, the product which is being return either for
returning the product or for exchanging the product:
-
must be in its original condition with all the packaging including
brand/manufacturer’s box/packaging, tags, warranty cards and other
accessories intact;
-
must not be damaged in your possession;
-
must be unused, unwashed, unsoiled, without any stains and with
non-tampered quality check seals/return tags/warranty seals
(wherever applicable).
-
must not be used or altered;
-
must be the same product that was delivered to you; and
-
must be returned within the return window specified against a
product on the product detail page
Further, IMEI/ name/ image/ brand/ serial number/ article number/ bar
code of the returned product should match the records of ShopCircuit.
Any additional conditions provided in the product details against each
product shall be applicable as well.
Further:
-
Your address and the item that you wish to return must be eligible
for return
-
If the return is not eligible for pickup, a return option will not
be available
-
Once the return is received, you will be provided with a refund or
exchange, as requested.
-
If you intend to return an electronic device that stores any
personal information, you must remove/deleted all such personal
information from the device prior to returning. ShopCircuit shall
not be liable in any manner whatsoever for any use of such
information. Such electronic device should be formatted, and screen
lock should be disabled.
-
No return, exchange shall be accepted if warranty card, if any, is
missing while return, or exchange of product.
-
The products available on the Platform are usually returnable within
7 days of delivery. However, specific details in relation to each
products are mentioned in the product description. Further, a
product which has been returned/exchanged cannot be
returned/exchanged again.
How will I get my refund?
-
Refund will be credited to the same source of payment from which
payment was received, after deducting the cost of return (where
applicable), once returned is received.
-
If you desire to return a product, then you shall be entitled to
receive only the amount actually paid by you for the purchase of the
product.
-
In the event any product is returned, then any offer, promotion,
discount applied to such product shall be forfeited.
-
If you have made the payment through your bank account, the refund
will be credited to the same bank account from which payment was
received after deducting the cost of return (where applicable), once
the return is received.
-
If you have made the payment as cash on delivery, you will be asked
to provide us with your bank account details and the refund amount
will be credited to the bank account details provided by you.
ShopCircuit shall not be liable to you in case incorrect bank
account details have been provided by you.
-
In case of any discrepancies regarding receipt of refund amount,
ShopCircuit may request for additional information such as bank
statement or any other relevant document.
When will I get my refund?
Following are the processing timelines after the product is received by
us or when the seller notifies us of the receipt of the products.
Refund Method |
Refund Time Frame |
Credit Card, Debit Card, Net Banking, UPI Linked Bank Account
|
3-7 Business Days |
Cash on Delivery (Refund to Bank Account in the event that the
conditions for Instant Refund mentioned below are not met) |
3-7 Business Days after updating the bank account details |
Miscellaneous
Please note that all the customer claims and requests for return/refund
shall be subject to ShopCircuit’s satisfaction.
ShopCircuit reserves the right, at its sole discretion, to amend,
change, modify, add or remove any portion of this policy at any time
without any prior written notice to you. It is your responsibility to
review this policy periodically for any updates/ changes.
For any further queries regarding return, exchange or refund, please
reach out to customer support at support@ShopCircuit.ai
The cancellation policy is the scheme provided on ShopCircuit’s website
available at www.ShopCircuit.com or the mobile application under the brand
name “ShopCircuit” (collectively “Platform”) in relation to the products
being sold on the Platform (“Products”). This cancellation policy (“Policy”)
lays down the mechanism in which an order placed by the customer or the
reseller (“User”) on the Platform can be canceled by the User or the
supplier or by ShopCircuit.
When can the User cancel an order?
The User can cancel an order after the order has been placed through the
Platform and before the order has been dispatched by the supplier.
How can the User cancel an order?
In order to cancel, the User can go to ‘My Orders’ in your ‘Profile’. Once
you are redirected to the My Orders page, click on the order of the product
that you want to cancel. Click on cancel Order and provide the reason for
the cancellation from the options provided.
What are the reasons due to which the User may cancel the
order?
The User may cancel the order for the following reasons:
- If the order was placed for testing;
- If the User has placed multiple orders for the same Product;
- If the expected delivery date is not acceptable for the User;
- If the User wants to change the shipping or billing address;
- If the User changes their mind about placing the order;
-
If the User wants to update or change the contract details or the
payment mode;
-
If the User wants to change the size or the colour of the Product;
or
- For any other reason.
When can the supplier cancel an order which has been
placed?
The supplier can only cancel an order within 1 day after the day on which
the Supplier was supposed to dispatch the Product.
What are the reasons due to which the supplier may cancel
the order?
The supplier may cancel the order for the following reasons:
- If the ordered Product is not available with the supplier anymore;
- If the ordered Product is out of stock with the supplier; or
- If the supplier is unable to dispatch the order in time;
When can ShopCircuit cancel an order which has been
placed?
ShopCircuit can cancel the order anytime from the date on which the order
has been placed till delivery of the Product to the User.
What are the reasons due to which ShopCircuit may cancel
the order?
ShopCircuit may cancel the order for the following reasons:
- If the address to which the Product is to be delivered is not
serviceable;
- If the delivery of the Product has been unsuccessful and the Product
has been returned to the seller;
- If the Product has been lost during transit;
- If the payment has made through online methods by the User and
ShopCircuit did not get payment confirmation;
-
If the shipping address or billing address provided by the User is
incomplete or incorrect;
-
If the supplier is unable to dispatch the order because of
regulatory lockdown or other restrictions;
-
If the order has been auto canceled by the system due to high risk
of product returning back to the supplier;
-
If the supplier does not meet ShopCircuit’s policies of fair
business practices;
-
If ShopCircuit does not get user confirmation during delivery;
-
If the User chose cash on delivery and cash on delivery is not
available for the Product ordered;
-
If ShopCircuit is unable to fulfill the order due to other reasons;
-
If ShopCircuit wants to cancel for any reason which ShopCircuit may
deem appropriate.
How will the User get the refund?
If the User has made payment before cancellation of the order which has been
placed, the money paid by the User shall be refunded. The refund will be
credited to the same source of payment (bank accounts, UPI etc.) from which
payment was received. If the User has chosen any other method such as
wallets, the mount will be credited to the source of origin as well. The
User will receive a refund of the entire amount paid by the User. In case of
any discrepancies regarding receipt of refund amount, ShopCircuit may
request for additional information such as bank statement or any other
relevant document.
Will the discount vouchers or other such promotional
offers be reinstated?
If the User has used any discount vouchers or promotional offers when
placing the order which has been canceled, the discount vouchers or
promotional offers will be forfeited.
When will the User get the refund?
Following are the processing timelines after the product is received by
us or when the seller notifies us of the receipt of the products.
Refund Method
|
Refund Time Frame
|
Credit Card, Debit Card, Net Banking, UPI Linked Bank Account
|
3-7 Business Days
|
Miscellaneous
ShopCircuit reserves the right, at its sole discretion, to amend,
change, modify, add or remove any portion of this policy at any time
without any prior written notice to you. It is your responsibility to
review this policy periodically for any updates/ changes.
For any further queries regarding return, replacement, exchange or
refund, please reach out to customer support at
legalsupport@ShopCircuit.com.
What is ShopCircuit's Convenience Fee?
Convenience fee is levied by ShopCircuit for providing technical
expertise,brand aggregation, post sales services such as consumer
support and escalations. The fee helps mitigate various costs incurred
by the platform and ensures smooth running and efficient customer
service.
Convenience fee may also be levied under the following circumstances:
-
Orders/Cart value below certain value;
-
Charges on providing services for users with higher than average
returns.
When is Convenience Fee Refunded
-
If the order is lost or undelivered to the customer's preferred
location, the complete order amount will be refunded, including the
convenience fee, if paid online.
-
If a customer cancels or returns an order, Convenience Fee will not
be refunded.
-
In case of partial or full order return, convenience fee will be
non-refundable irrespective of order value
Order value is calculated after applying discounts/VAT/GST or
any other applicable charges.
What is ShopCircuit’s Fair Usage Policy?
We always strive to provide the best experience to our customers. However,
very rarely, there are some accounts that misuse ShopCircuit's
customer-friendly return service. These accounts typically return more items
compared to an average user or frequently choose to not accept their
shipments. ShopCircuit reserves the rights to levy convenience fee on
customers whose return rates are higher than average and are not adhering to
the liberal returns service.
I am an Insider. Why am I seeing the convenience fee?
Convenience fee is a charge levied by ShopCircuit, for the services
rendered by ShopCircuit on the platform . As an Insider, you continue to
enjoy free shipping benefits without any minimum order value limits.
However, a convenience fee is charged to all customers by ShopCircuit
for providing technical expertise, brand aggregation, and post sales
support. The fees help mitigate various costs incurred by the platform
and ensure smooth running and efficient customer service.
How do I check the status of my order?
Please tap on “My Orders” section under main menu of App/Website/M-site to
check your order status.
How can I check if ShopCircuit delivers to my PIN Code?
You can find out if ShopCircuit delivers to your PIN Code using the courier
serviceability tool available on the product page. Please tap on “Check
Delivery options” and enter your area PIN code in the respective field to
get the required information about standard order delivery time and
availability of Cash on Delivery for the Product selected. The PIN codes
serviced by us are frequently updated, so if we do not deliver to your PIN
code today, please come back and check to see if this has changed.
How are orders placed on ShopCircuit delivered to me?
All orders placed on ShopCircuit are dispatched through our own courier
service - ShopCircuit Logistics or through other courier partners such
as Blue Dart, Delhivery Etc.
Does ShopCircuit deliver products outside India?
No. At this point, ShopCircuit delivers products only within India.
How can I get my order delivered faster?
Sorry, currently we do not have any service available to expedite the
order delivery. In future, if we are offering such service and your area
pincode is serviceable, you will receive a communication from our end.
I have received a partial item/partial order or an Untenanted/Void packet?
Kindly reach out to us for pilferage within 72 hours of delivery failing
which the claim will not be entertained. Whilst we investigate, request
you to please make note of the below pointers:
-
Please do not use the item for which claim is being raised.
-
You may be required to information’s like, short description of the
case (A few questions will be asked to help us understand the
scenario)
-
The snapshots of the packet and other boxes (If any) (Try to cover
the sides which look tampered/damaged as per the Users
-
The refund for prepaid/Cash on delivery orders will be done after
the investigation
You may not be liable for a refund, if he/she falls in any of the scenarios
stated below:
-
Failure to provide adequate information about the case.
-
Failure to provide snapshots of the packet and box(if any)
-
If a pilferage delivery was received, pilferage claims must be made
the same day.
-
You must not dispose of the packaging for 3 - 4 days post -
delivery. We might need to pick-up your packaging for investigation
at our end.
-
You have used the item for which claim was raised.
-
In case of a component missing from a multi-component item such as
Kurta, Bed - sheets, inner wear sets etc.only exchange return option
would be provided basis serviceability and product type
Welcome to ShopCircuit.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 ShopCircuit platform
for accessing ONDC marketplace - www.ShopCircuit.ai (hereinafter referred to
as "Platform")
The Platform is owned by ShopCircuit Designs Private Limited, having its
registered office at Old No.22/1 & 22/2, Shubharam complex 5th Flr Mahatma
Gandhi Road, Bangalore North Bangalore KA 560001 IN, India.
Your use of the ShopCircuit and services and tools are governed by the
following terms and conditions ("Terms of Use") as applicable to the
ShopCircuit including the applicable policies which are incorporated herein
by way of reference. By mere use of the ShopCircuit, You shall be
contracting with Vidyant Technologies Private Limited, the owner of the
Platform. These terms and conditions including the policies constitute Your
binding obligations, with ShopCircui and Vidyant Technologies Pvt. Ltd.
For the purpose of these Terms of Use, wherever the context so requires
"You" or "User" shall mean any natural or legal person who has agreed to
become a buyer on Platform by providing data while registering on the
Platform as Registered User. The term "ShopCircuit","We","Us","Our" shall
mean ShopCircuit Designs Private Limited and its affiliates.
User Account, Password, and Security
If You use the Platform, You shall be responsible for maintaining the
confidentiality of your Display Name and Password and You shall be
responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or not in accordance with this
Terms of Use, We shall have the right to indefinitely suspend or
terminate or block Your access on the Platform.
If there is reason to believe that there is likely to be a breach of
security or misuse of Your account, We may request You to change the
password or we may suspend Your account without any liability to
ShopCircuit, for such period of time as we deem appropriate in the
circumstances. We shall not be liable for any loss or damage arising
from Your failure to comply with this provision.
In the event of a device being associated with multiple logins or sign
ups, as a measure to enhance customer's security and privacy as well as
safeguarding your sensitive information for any potential risks,
ShopCircuit sometimes consider moderating users and their association
with devices while using the ShopCircuit app or website.
Your mobile phone number is treated as Your primary identifier on the
Platform. It is your responsibility to ensure that Your mobile phone
number and your email address is up to date on the Platform at all
times. You agree to notify Us promptly if your mobile phone number or
e-mail address changes by updating the same on the Platform through an
OTP verification. You agree that ShopCircuit shall not be liable or
responsible for the activities or consequences of use or misuse of any
information that occurs under your Account in cases, including, where
You have failed to update Your revised mobile phone number and/or e-mail
address on the Platform. You agree to immediately notify ShopCircuit of
any unauthorized use/breach of your password or account.
If You share or allow others to have access to Your account on the
Platform ("Account"), by creating separate profiles under Your Account,
or otherwise, they will be able to view and access Your Account
information, You shall be solely liable and responsible for all the
activities undertaken under Your Account, and any consequences
therefrom.
If You have not accessed Platform for a period of 2 (two) Years, Your
data (including transactional data) will be deleted from Our record and
You will not be able to access such data.
Services Offered
ShopCircuit provides a number of Internet-based services through the
Platform. One such Service enables Users to purchase original
merchandise such as clothing, footwear, accessories, electronics from
various sellers and brands (collectively, "Products"). The Products can
be purchased through the Platform through various methods of payments
offered. The sale/purchase of Products shall be additionally governed by
specific policies of sale, like cancellation policy, exchange policy,
return policy, etc. (which are found on the FAQ tab on the Platform and
all of which are incorporated here by reference). It is clarified that
at the time of creating a return request, users are required to confirm
(via a check box click) that the product being returned is unused and
has the original tags intact. If the product returned by the user is
used, damaged or if the original tags are missing, the user’s return
request shall be declined, and the said product shall be re-shipped back
to the customer. In the event that the return request is declined, the
user shall not be eligible for a refund, and ShopCircuit assumes no
liability in this regard. Further, in the event that the user fails to
accept the receipt of the said re-shipped product, the user shall
continue to be not eligible for a refund, and ShopCircuit assumes no
liability with respect to the return or refund for the said re-shipped
product. In addition, these Terms of Use may be further supplemented by
Product specific conditions, which may be displayed with that Product.
ShopCircuit does not warrant that Product description or other content
on the Platform is accurate, complete, reliable, current, or error-free
and assumes no liability in this regard.
Platform for Transaction and Communication
The Users utilize to meet and interact with one another for their
transactions on the Platform. ShopCircuit is not and cannot be a party
to or control in any manner any transaction between the ShopCircuit's
Users. Henceforward:
-
All commercial/contractual terms are offered by and agreed to
between Buyers and Sellers 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 and services and after sales services related to
products and services. ShopCircuit 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
Buyers and Sellers.
-
ShopCircuit 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
Buyers and Sellers.
-
ShopCircuit does not make any representation or warranty as to
specifics (such as quality, value, salability, etc.) of the
products or services proposed to be sold or offered to be sold
or purchased on the Platform.
-
ShopCircuit is not responsible for any non-performance or breach
of any contract entered into between Buyers and Sellers.
ShopCircuit cannot and does not guarantee that the concerned
Buyers and/or Sellers will perform any transaction concluded on
the Platform.
-
At no time shall ShopCircuit hold any right, title, or interest
over the products, nor shall ShopCircuit have any obligations or
liabilities in respect of such a contract entered into between
Buyers and Sellers.
-
The ShopCircuit is only a platform that can be utilized by Users
to reach a larger base to buy and sell products or services over
the ONDC network. ShopCircuit is only providing a platform for
communication that is also routed through ONDC, and it is agreed
that the contract for the sale of any of the products or
services shall be a strictly bipartite contract between the
Seller and the Buyer.
-
At no time shall ShopCircuit hold any right, title, or interest
over the products, nor shall ShopCircuit have any obligations or
liabilities in respect of such a contract. ShopCircuit is not
responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are
out of stock, unavailable, or back-ordered.
-
Pricing on any product(s) as is reflected on the Platform may,
due to some technical issue, typographical error, or product
information published by the seller, be incorrectly reflected,
and in such an event, the seller may cancel such your order(s).
-
You release and indemnify ShopCircuit and/or any of its officers
and representatives from any cost, damage, liability, or other
consequence of any of the actions of the Users of ShopCircuit
and specifically waive any claims that you may have in this
behalf under any applicable law. Notwithstanding its reasonable
efforts in that behalf, ShopCircuit cannot take responsibility
or control the information provided by other Users which is made
available on the Platform.
User Conduct and Rules on the Platform
You agree, undertake and confirm that Your use of the Platform shall be
strictly governed by the following binding principles:
-
You shall not host, display, upload, modify, publish, transmit,
update or share any information which:
- Belongs to another person and to which You do not have any
right to
- Is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner
whatever
- Is misleading in any way
- Involves the transmission of "junk mail", "chain letters",
or unsolicited mass mailing or "spamming"
- Promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous
- Infringes upon or violates any third party's rights
including, but not limited to, intellectual property rights,
rights of privacy or rights of publicity
- Contains restricted or password-only access pages, or hidden
pages or images
- Provides instructional information about illegal activities
- Contains video, photographs, or images of another person
(with a minor or an adult)
- Tries to gain unauthorized access or exceeds the scope of
authorized access to the Platform
- Interferes with another USER's use and enjoyment of the
Platform
- Infringes any patent, trademark, copyright, or other
proprietary rights or third party's trade secrets
- Violates any law for the time being in force
- Threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations with foreign
states, or public order
- Shall not be false, inaccurate or misleading
- Shall not create liability for Us or cause Us to lose the
services of Our internet service provider ("ISPs") or other
suppliers
-
A User may be considered fraudulent or loss to business due to
fraudulent activity if any of the following scenarios are met:
- Users don't reply to the payment verification mail sent by
ShopCircuit
- Users fail to produce adequate documents during the payment
details verification
- Misuse of another User's phone/email
- Users use invalid address, email, and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used
- Users return the wrong product
- Users refuse to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention
to cause loss to business/revenue to ShopCircuit
- User with excessive returns
- Repeated request for monetary compensation for fake/used
order
-
ShopCircuit may cancel any order that classifies as 'Bulk
Orders'/'Fraud orders' under certain criteria at any stage of
the product delivery. An order can be classified as 'Bulk
Order'/'Fraud Order' if it meets the below mentioned criteria,
and any additional criteria as defined by ShopCircuit:
- Products ordered are not for self-consumption but for
commercial resale
- Multiple orders placed for the same product at the same
address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the 'Bulk Order'
may not be refunded
- Any order placed using a technological glitch/loophole
-
ShopCircuit does not facilitate business-to-business transactions
between Sellers and business customers. You are advised to
refrain from transacting on the Platform if You intend to avail
the benefits of input tax credit.
-
You shall not use the Platform for any unlawful and fraudulent
purposes, which may cause annoyance and inconvenience and abuse
any policy and rules of the company and interrupt or cause to
interrupt, damages the use by other Users of ShopCircuit.
-
You shall not use any false e-mail address, impersonate any
person or entity, or otherwise mislead ShopCircuit by sharing
multiple addresses and phone numbers or transacting with
malafide intentions.
-
We on certain landing page even allow our Users to experience
free exchange of ideas and observations regarding interest in
the field of fashion, including ‘viewing user generated content’
and/or ‘videos’ and ‘posting comments’. By accessing, viewing
and/or posting any user generated content to any specific
dedicated page on the Platform, you accept and consent to the
practices described in these ‘Terms of Service’ and ‘Privacy
Policies’, as well as any other terms of prescribed by the
ShopCircuit on the Platform. You agree and undertake that when
accessing, viewing and/or posting any user generated content on
these pages You will not imitate, abuse, harass, any
Customer/User or violate and exploit, any of these ‘Terms of
Service’ of the Platform.
-
You shall not use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or
any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any
Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available
through the Platform. We reserve Our right to bar any such
activity.
-
You shall not attempt to gain unauthorized access to any portion
or feature of the Platform or any other systems or networks
connected to the Platform or to any server, computer, network,
or to any of the services offered on or through the Platform, by
hacking, password "mining" or any other illegitimate means.
-
You may not pretend that You are, or that You represent, someone
else, or impersonate any other individual or entity.
-
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
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.
-
From time to time, You shall be responsible for providing
information relating to the products or services proposed to be
sold by You. In this connection, You undertake that all such
information shall be accurate in all respects. You shall not
exaggerate or overemphasize the attributes of such products or
services so as to mislead other Users in any manner.
-
You shall not engage in advertising to, or solicitation of, other
Users of the Platform to buy or sell any products or services,
including, but not limited to, products or services related to
that being displayed on the Platform or related to us.
-
The Content posted does not necessarily reflect ShopCircuit
views. In no event shall ShopCircuit assume or have any
responsibility or liability for any Content posted or for any
claims, damages or losses resulting from use of Content and/or
appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content
which You provide and all information it contains and that such
Content shall not infringe any proprietary or other rights of
third parties or contain any libellous, tortious, or otherwise
unlawful information.
-
Maya is powered by ChatGPT from OpenAI and Microsoft. Maya may
respond with inaccurate or insensitive information, exercise
discretion and avoid sharing personal information.
-
ShopCircuit hereby disclaims any guarantees of exactness as to
the finish, appearance, size, color etc., of the final Product
as ordered by the User. ShopCircuit Return & Exchange Policy
offers you the option to return or exchange items purchased on
ShopCircuit within the return/exchange period (Please read the
Product Detail Page to see the number of days up to which a
product can be returned/exchanged, post-delivery). In case of
return or exchange of the purchased item, please refer to the
"Return and Exchange Policy" available on https://www.ShopCircuit.com/faqs#returns.
-
Please note that you can only use ShopCircuit Credits to buy
products from your registered account on the ShopCircuit app or
website. ShopCircuit Credits cannot be:
- Used for payment of orders placed on other ShopCircuit
accounts
- Transferred to any other ShopCircuit user's account, bank
account, or wallets, etc.
-
ShopCircuit may unilaterally terminate Your account on any event
as mentioned in the Terms Of Use under point no. 4. User Conduct
and Rules on the Platform. Any ShopCircuit credits earned as
goodwill compensation, earned via loyalty or referral program or
promotional campaigns or earned through gift cards purchased on
other platforms will be forfeited in such cases.
Contents Posted on Platform
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, and artwork (collectively, "Content"),
is a third party user-generated content, and ShopCircuit has no control
over such third party user-generated content as ShopCircuit is merely an
intermediary for the purposes of this Terms of Use.
Such Content will become Our property, and You grant Us the worldwide,
perpetual, and transferable rights in such Content. We shall be entitled
to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of
use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised,
including the creation of derivative works that may include the Content
You provide.
You may use information on the products and services purposely made
available on the Platform for downloading, provided that You:
- Do not remove any proprietary notice language in all copies of such
documents
- Use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on
any networked computer or broadcast it in any media
- Make no modifications to any such information
- Do not make any additional representations or warranties relating to
such documents
- In the event of return/cancellation of any products in the order
placed with an offer, thereby falling below the minimum required
threshold as required by the offer, the user shall be deemed
ineligible for the offer. Any cashback already credited would be
void & be deducted from the value of the item being
returned/canceled & the remaining balance would be processed as a
refund. ShopCircuit reserves the right to modify the terms and
conditions at any time, without prior notice.
Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software)
and services, included on or otherwise made available to You through
Platform are provided on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise
specified in writing. Without prejudice to the forgoing paragraph,
ShopCircuit does not warrant that: Platform will be constantly
available, or available at all or The information on Platform is
complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws
and if Seller is unable to deliver such Products due to implications of
different state laws, Seller will return or will give credit for the
amount (if any) received in advance by Seller from the sale of such
Product that could not be delivered to You. You will be required to
enter a valid phone number while placing an order on the Platform. By
registering Your phone number with us, You consent to be contacted by Us
via phone calls and/or SMS notifications, in case of any order or
shipment or delivery related updates. We will not use your personal
information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to list item(s) for sale on the
Platform in accordance with the Policies which are incorporated by way
of reference in this Terms of Use. You must be legally able to sell the
item(s) you list for sale on the Platform. You must ensure that the
listed items do not infringe upon the intellectual property, trade
secret or other proprietary rights or rights of publicity or privacy
rights of third parties. Listings may only include text descriptions,
graphics and pictures that describe your item for sale. All listed items
must be listed in an appropriate category on the Platform. All listed
items must be kept in stock for successful fulfilment of sales. The
listing description of the item must not be misleading and must describe
actual condition of the product. If the item description does not match
the actual condition of the item, you agree to refund any amounts that
you may have received from the Buyer. You agree not to list a single
product in multiple quantities across various categories on the
Platform. ShopCircuit reserves the right to delete such multiple
listings of the same product listed by you in various categories.
We may provide you alternation services (limited to alteration of
length, alteration of the waist size) for the garments purchased by You
from Us. This service shall be free of cost and no amount would be
collected from You for such alteration. However, a nominal fee as
mentioned by ShopCircuit at the time of creating the alteration request
(inclusive of service tax) would be applicable as convenience charge
towards pick up and drop of the garments or towards tailor visit
(wherever applicable).
Payment
While availing any of the payment method/s available on the Platform, we
will not be responsible or assume any liability, whatsoever in respect
of any loss or damage arising directly or indirectly to You due to:
-
Lack of authorization for any transaction/s, or
-
Exceeding the preset limit mutually agreed by You and between
'Bank/s', or
-
Any payment issues arising out of the transaction, or
-
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you
shall be compulsorily in Indian Rupees acceptable in the Republic of
India. Platform will not facilitate transaction with respect to any
other form of currency with respect to the purchases made on
Platform.
Before shipping / delivering your order to you, Seller may request
you to provide supporting documents (including but not limited to
Govt. issued ID and address proof) to establish the ownership of the
payment instrument used by you for your purchase. This is done in
the interest of providing a safe online shopping environment to Our
Users.
Further:
- Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal
to principal bipartite contractual obligations between Buyer and
Seller and payment facility is merely used by the Buyer and Seller
to facilitate the completion of the Transaction. Use of the payment
facility shall not render ShopCircuit liable or responsible for the
non-delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or
warranty services or fraud as regards the products and /or services
listed on ShopCircuit's Platform.
- You have specifically authorized ShopCircuit or its service
providers to collect, process, facilitate and remit payments and /
or the Transaction Price electronically or through Cash on Delivery
to and from other Users in respect of transactions through Payment
Facility. Your relationship with ShopCircuit is on a principal to
principal basis and by accepting these Terms of Use you agree that
ShopCircuit is an independent contractor for all purposes, and does
not have control of or liability for the products or services that
are listed on ShopCircuit's Platform that are paid for by using the
Payment Facility. ShopCircuit does not guarantee the identity of any
User nor does it ensure that a Buyer or a Seller will complete a
transaction.
- You understand, accept and agree that the payment facility provided
by ShopCircuit is neither a banking nor financial service but is
merely a facilitator providing an electronic, automated online
electronic payment, receiving payment through Cash On Delivery,
collection and remittance facility for the Transactions on the
ShopCircuit Platform using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, ShopCircuit is neither acting as
trustees nor acting in a fiduciary capacity with respect to the
Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You
are entering into a legally binding and enforceable contract with
the Seller to purchase the products and /or services from the Seller
using the Payment Facility, and You shall pay the Transaction Price
through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic
communication and electronic records and using the automated
features as may be provided by Payment Facility on any extension /
increase in the Dispatch and/or Delivery time and the Transaction
shall stand amended to such extent. Any such extension / increase of
Dispatch / Delivery time or subsequent novation / variation of the
Transaction should be in compliance with Payment Facility Rules and
Policies.
- You, as a Buyer, shall electronically notify Payment Facility using
the appropriate ShopCircuit Platform features immediately upon
Delivery or non Delivery within the time period as provided in
Policies. Non notification by You of Delivery or non Delivery within
the time period specified in the Policies shall be construed as a
deemed Delivery in respect of that Transaction. In case of Cash On
Delivery transactions, Buyer is not required to confirm the receipt
of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the
Transaction Price (as Your sole and exclusive remedy) in case You do
not receive the Delivery within the time period agreed in the
Transaction or within the time period as provided in the Policies,
whichever is earlier. In case you do not raise a refund claim using
Platform features within the stipulated time than this would make
You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be
available in full or in part for certain category of products and/or
services and/or Transactions as mentioned in the Policies and hence
You may not be entitled to a refund in respect of the Transactions
for those products and /or services
-
Except for Cash On Delivery transaction, refund, if any, shall
be made at the same Issuing Bank from where Transaction Price
was received, or through any other method available on the
Platform, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made
via electronic payment transfers.
-
Refund shall be made in Indian Rupees only and shall be equivalent
to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment
facility using NEFT / RTGS or any other online banking / electronic
funds transfer system approved by Reserve Bank India (RBI).
- Refunds may be supported for select banks. Where a bank is not
supported for processing refunds, You will be required to share
alternate bank account details with us for processing the refund.
-
Refund shall be conditional and shall be with recourse available
to ShopCircuit in case of any misuse by Buyer.
We may also request you for additional documents for
verification.
-
Refund shall be subject to Buyer complying with Policies.
ShopCircuit reserves the right to impose limits on the number of
Transactions or Transaction Price which ShopCircuit may receive
from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or
through any such facility authorized by Reserve Bank of India to
provide enabling support facility for collection and remittance
of payment or by an individual Buyer during any time period, and
reserves the right to refuse to process Transactions exceeding
such limit.
- ShopCircuit reserves the right to refuse to process Transactions by
Buyers with a prior history of questionable charges including
without limitation breach of any agreements by Buyer with
ShopCircuit or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
- ShopCircuit may do such checks as it deems fit before approving the
receipt of/Buyers commitment to pay (for Cash On Delivery
transactions) Transaction Price from the Buyer for security or other
reasons at the discretion of ShopCircuit. As a result of such check
if ShopCircuit is not satisfied with the creditability of the Buyer
or genuineness of the Transaction or other reasons at its sole
discretion, ShopCircuit shall have the right to reject the receipt
of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature
for payment, may be disabled for certain account users, at the sole
discretion of ShopCircuit.
-
ShopCircuit may delay notifying the payment confirmation i.e.
informing Seller to Dispatch, if ShopCircuit deems suspicious or for
Buyers conducting high transaction volumes to ensure safety of the
Transaction and Transaction Price. In addition, ShopCircuit may hold
Transaction Price and ShopCircuit may not inform Seller to Dispatch
or remit Transaction Price to law enforcement officials (instead of
refunding the same to Buyer) at the request of law enforcement
officials or in the event the Buyer is engaged in any form of
illegal activity.
-
The Buyer and Seller acknowledge that ShopCircuit will not be liable
for any damages, interests or claims etc. resulting from not
processing a Transaction/Transaction Price or any delay in
processing a Transaction/Transaction Price which is beyond control
of ShopCircuit.
Compliance with Laws:
- As required by applicable law, if the Customer makes a purchase of
an amount equal to or above INR 2 00 000.00, the Customer will be
required to upload a scanned copy of his/her PAN card on the
Platform, within 4 days of making the purchase, failing which, the
purchase made by the Customer will be cancelled. The requirement to
submit the PAN card arises only once and if it has been submitted
once by the Customer, it need not be submitted again. The order of
the Customer shall stand cancelled if there is a discrepancy between
the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules
made and notifications issued there under and the Exchange Control
Manual as may be issued by Reserve Bank of India from time to time,
Customs Act, Information and Technology Act, 2000 as amended by the
Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made there under, Foreign
Contribution Regulation Act, 1976 and the rules made there under, Income
Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment
Facility and ShopCircuit Platform.
Buyer's arrangement with Issuing Bank:
-
All Valid Credit / Debit/ Cash Card/ and other payment instruments
are processed using a Credit Card payment gateway or appropriate
payment system infrastructure and the same will also be governed by
the terms and conditions agreed to between the Buyer and the
respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed
using the gateway provided by the respective Issuing Bank which
support Payment Facility to provide these services to the Users. All
such Online Bank Transfers on Payment Facility are also governed by
the terms and conditions agreed to between Buyer and the respective
Issuing Bank.
E-Platform for Communication
You agree, understand and acknowledge that ShopCircuit is an online platform
that enables you to purchase products listed on the Platform at the price
indicated therein at any time. You further agree and acknowledge that
ShopCircuit is only a facilitator and is not and cannot be a party to or
control in any manner any transactions on ShopCircuit.
Indemnity
You shall indemnify and hold harmless ShopCircuit, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their
respective officers, directors, agents, and employees, from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms
of Use, privacy Policy and other Policies, or Your violation of any law,
rules or regulations or the rights (including infringement of intellectual
property rights) of a third party.
Trademark, Copyright and Restriction
Platform is controlled and operated by ShopCircuit and products are sold by
respective Sellers. All material on Platform, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on ShopCircuit
is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit or distribute such material in
any way, including by email or other electronic means and whether directly
or indirectly and You must not assist any other person to do so. Without the
prior written consent of the owner, modification of the materials, use of
the materials on any other ShopCircuit or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use
is a violation of the copyrights, trademarks and other proprietary rights,
and is prohibited. Any use for which You receive any remuneration, whether
in money or otherwise, is a commercial use for the purposes of this clause.
It is expressly clarified that You will retain ownership and shall solely be
responsible for any content that You provide or upload when using any
Service, including any text, data, information, images, photographs, music,
sound, video or any other material which you may upload, transmit or store
when making use of Our various Service. However, We reserve the right to
use/reproduce any content uploaded by You and You agree to grant royalty
free, irrevocably, unconditionally, perpetually and worldwide right to Us to
use the content for reasonable business purpose.
Limitation of Liability
In no event shall ShopCircuit be liable for any indirect, punitive,
incidental, special, consequential damages or any other damages
resulting from:
-
the use or the inability to use the Services or Products
-
unauthorized access to or alteration of the user's transmissions or
data
-
breach of condition, representations or warranties by the
manufacturer of the Products
- any other matter relating to the services including, without
limitation, damages for loss of use, data or profits, arising out of
or in any way connected with the use or performance of the Platform
or Service. ShopCircuit shall not be held responsible for
non-availability of the ShopCircuit during periodic maintenance
operations or any unplanned suspension of access to the ShopCircuit.
The User understands and agrees that any material and/or data
downloaded at ShopCircuit is done entirely at Users own discretion
and risk and they will be solely responsible for any damage to their
mobile or loss of data that results from the download of such
material and/or data. To the maximum extend that is permissible
under law, ShopCircuit’s liability shall be limited to an amount
equal to the Products purchased value bought by You. ShopCircuit
shall not be liable for any dispute or disagreement between Users
Termination
ShopCircuit may suspend or terminate your use of the ShopCircuit or any
Service if it believes, in its sole and absolute discretion that you
have infringed, breached, violated, abused, or unethically manipulated
or exploited any term of these Terms of Service or anyway otherwise
acted unethically. Notwithstanding anything in this clause, these Terms
of Service will survive indefinitely unless and until ShopCircuit
chooses to terminate them.
-
If You or ShopCircuit terminates your use of the Platform or any
Service, ShopCircuit may delete any content or other materials
relating to your use of the Service and ShopCircuit will have no
liability to you or any third party for doing so. However, your
transactions details may be preserved by ShopCircuit for purposes of
tax or regulatory compliance.
-
ShopCircuit may unilaterally terminate Your account on any event as
mentioned in the Terms Of Use under the point no. 4. User Conduct
and Rules on the Platform. Any ShopCircuit credits earned as
goodwill compensation, earned via loyalty or referral program or
promotional campaigns or earned through gift cards purchased on
other platforms will be forfeited in such cases. Returns/Refund for
such Users shall be at the sole discretion of ShopCircuit.
-
If You use any false e-mail address or use the portal for any
unlawful and fraudulent purposes, which may cause annoyance and
inconvenience and abuses any policy and rules of the company or
mislead ShopCircuit by sharing multiple address and phone numbers or
transacting with malafide intentions then ShopCircuit reserves the
right to refuse access to the portal, terminate accounts including
any linked accounts without notice to you.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely
for the purpose of sale in India. ShopCircuit make no representation that
materials in the Platform are appropriate or available for use in other
locations/Countries other than India. Those who choose to access Platform
from other locations/Countries other than India do so on their own
initiative and ShopCircuit is not responsible for supply of products/refund
for the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws are applicable.
Governing Law
These terms shall be governed by and constructed in accordance with the laws
of India without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of
courts, tribunals, fora, applicable authorities at Bangalore. The place of
jurisdiction shall be exclusively in Bangalore.
Contacting the Seller
At ShopCircuit, we are committed towards ensuring that disputes between
Sellers and Buyers are settled amicably by way of the above dispute
resolution mechanisms and procedures. However, in the event that You wish to
contact ShopCircuit about the seller, You may proceed to do so by clicking
on the seller name on the product listing pages. Alternatively, You may also
reach out to customer support at 080-61561999 or access help center at
https://www.ShopCircuit.com/contactus
Disclaimer
You acknowledge and undertake that you are accessing the services on the
Platform and transacting at your own risk and are using your best and
prudent judgment before entering into any transactions through
ShopCircuit. We shall neither be liable nor responsible for any actions
or inactions of sellers nor any breach of conditions, representations or
warranties by the sellers or manufacturers of the products and hereby
expressly disclaim and any all responsibility and liability in that
regard. We shall not mediate or resolve any dispute or disagreement
between You and the sellers or manufacturers of the products. We further
expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness
for a particular purpose, or legality of the products listed or
displayed or transacted or the content (including product or pricing
information and/or specifications) on Platform. While we have taken
precautions to avoid inaccuracies in content, this website, all content,
information (including the price of products), software, products,
services and related graphics are provided as is, without warranty of
any kind. At no time shall any right, title or interest in the products
sold through or displayed on Platform vest with ShopCircuit nor shall
ShopCircuit have any obligations or liabilities in respect of any
transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims
regarding order delivery (including non-receipt/ non- delivery of order
or signature verification) shall be notified to ShopCircuit within 5
days from the alleged date of delivery of product reflecting on the
ShopCircuit portal. Non notification by You of non-receipt or
non-delivery within the time period specified shall be construed as a
deemed delivery in respect of that transaction. ShopCircuit disclaims
any liability or responsibility for claims regarding non-delivery,
non-receipt of order (including signature verification in Proof of
delivery) after 5 days from the alleged date of delivery of product
reflecting on the ShopCircuit portal.
Open Box Delivery -Open Box Delivery is currently available in select
pincodes only. In case of COD, the payment of the product must be done
before opening the box. In Open Box Delivery, our delivery partner will
open the package in front of you at the time of delivery. Both the outer
as well as the brand packing is opened and shown to you. This ensures
that you thoroughly check the product and accept its delivery only after
being satisfied. In case you find the product or parts of the product to
be missing, damaged or different from what you ordered please do not
accept the order and ask our delivery partner to take it back. In case
of COD orders, you'll get on-spot refund immediately from our delivery
partner. In case of prepaid orders, the refund will be credited back to
the source. For electronic devices, in case you find the device to be
defective upon turning it on, you may contact our customer care.
Cart Notification
You understand that, in the event selected products in your cart is out of
the inventory, ShopCircuit provides You an option in your cart to select the
product of another seller, You understand that price of the product by
another seller may differ.
Multiple Sellers
You understand that products of a particular style may be sold on the
Platform by multiple sellers and the product price on the listing page of
the Platform, may not always reflect the lowest price for that particular
style. This is because the seller whose price is displayed on the list page
is selected based on the application of a number of parameters and price is
only one such parameter. However, once you land on the product display page
on the Platform for a specific style, You will have access to the price
offered by all sellers on the Platform for the relevant style.
Convenience Fee
Subject to the Terms of Use and the below terms and conditions,
ShopCircuit may levy a convenience fee on all low value orders on the
ShopCircuit Platform, as detailed in our policies page
(https://www.ShopCircuit.ai/policies) and for cases provided under point
5 below, hereinafter collectively referred to as “Convenience Fee”.
-
The Convenience Fee shall be specified on the shopping bag page on
the ShopCircuit Platform.
-
The Convenience Fee shall be charged on the overall order value.
-
ShopCircuit reserves the right to modify/waive off the Convenience
Fee from time to time.
-
The Convenience Fee shall be quoted in Indian Rupees. You shall be
solely responsible for compliance of all applicable laws for making
payments to ShopCircuit Designs Private Limited.
-
To protect the rights of customers, ShopCircuit reserves the right
to collect Convenience Fee for all orders and disable cash on
delivery option for accounts which have high percentage of returns
and shipments not accepted, of the number of orders placed through
such accounts.
Grievance Officer
In accordance with Information Technology Act 2000 and rules made there
under and the Consumer Protection (E-Commerce) Rules, 2020, the name and
contact details of the Grievance Officer are provided below:
Name: Abhinav Srivastava
Designation: Managing Director
Vidyant Technologies Pvt Ltd , Old No.22/1 & 22/2, Shubharam complex
5th Flr Mahatma Gandhi Road, Bangalore North Bangalore KA 560001 IN,
India
Email: support@ShopCircuit.ai
Phone: 07676580202
Time: Mon - Fri(9:00 - 18:00)
This document is an electronic record in terms of Information Technology
Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the
provisions pertaining to electronic records in various statutes as amended
by the Information Technology Act, 2000. This electronic record is generated
by a computer system and does not require any physical or digital
signatures.
This document is published in accordance with the provisions of Rule 3 (1)
of the Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021 that require publishing the rules and regulations,
privacy policy and Terms of Use for access to or usage of www.ShopCircuit.ai
website.
The domain name www.ShopCircuit.ai, including the related mobile site and
mobile application as well as the Seller portal
https://seller.shopcircuit.ai/ (hereinafter referred to as “Platform”) is
owned and operated by Vidyant Technologies Private Limited (hereinafter
referred to as "ShopCircuit" ), a company incorporated under the Companies
Act, 1956, with its registered office at ShopCircuit Technologies Private
Limited, a company incorporated under the Companies Act 1956, having its
registered office at Old No.22/1 & 22/2, Shubharam complex 5th Flr Mahatma
Gandhi Road, Bangalore North Bangalore KA 560001 IN, India.
For the purpose of the Terms of Use (hereinafter referred to as “ToU”),
wherever the context so requires, 'you' and 'your' shall relate to any
natural or legal person who has agreed to become a Seller on the Platform by
providing registration data while registering on the Platform using computer
systems. The word 'user' shall collectively imply a Seller, a Buyer, and any
visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean
ShopCircuit.
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 ShopCircuit, and these terms and conditions including
the policies constitute your binding obligations to ShopCircuit.
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. As long as you comply with the
ToU, we grant you a personal, non-exclusive, non-transferable, and limited
privilege to enter and use the Platform.
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 implicitly or expressly accepting the
TOU, you also accept and agree to be bound by all ShopCircuit’s policies
applicable to you, as amended, from time to time.
Seller Eligibility
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. ShopCircuit reserves the right to terminate your registration
and/or refuse you access to the Platform if it is brought to ShopCircuit’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 authorised by the
business entity to accept the ToU and you have the authority to bind the
business entity to the ToU.
Your Account and Registration Obligations
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 including,
but not limited to, the following information, to register as a Seller:
- Seller Complete Name
- Seller Complete Address
- Seller Complete Contact details
- Seller Grievance Officer details for Consumer Complaints
- Phone no.
- Email Address
- Business GSTIN
- PAN or Business PAN
- Pincode
- Pick-up Address
- Registered Address - Principal geographic address of its
headquarters and all branches
- Bank A/c Details
- Account Holder Name
- Cancelled Cheque
- Signature
- Display Legal Name
- Legal Name / Trade Name
- Contractual information (SLA)
- Total price in single figure of any goods / service (break up price
/ charges, if any)
- Relevant details of goods including Manufacturer / Packer / Name and
Complete Address
- Relevant details of imported goods including Name and details of
Importer with correct Country of Origin (Country’s full name)
- Relevant guarantee or warranties applicable to all goods / services
you are selling on the platform
You agree that you have necessary licences and permits for the sale on
the Platform which shall be including but not limited to the licences
required by all applicable laws.
You shall remain responsible for maintaining confidentiality of this
information, as well as your display name, login and password details.
You agree that if you provide any information which is untrue,
inaccurate, not current, or incomplete or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current,
incomplete, or not in accordance with the ToU, we shall have the right
to suspend or terminate your account on the Platform or indefinitely
block you from accessing the Platform.
Seller Account Deactivation
As per our policy, if a Seller requests for a closure of the account, the
account will be put on hold for a period of 90 days to ensure smooth closure
of transactions which have been made prior to his closure request and this
will be available to the said Seller for downloading payment and taxation
reports, if required. After 90 days, the Seller would be required to reach
out to us confirming that he has downloaded the reports and requesting for a
deactivation again. Upon receiving this confirmation, the Seller’s account
will be deactivated provided there are no outstanding payments due from the
Seller, with certain information being retained by ShopCircuit at all times,
such as registered mobile number, registered email ID, GSTIN and other
transaction related information. Such information is being retained for
audit purposes and to prevent fraudulent acts by the Sellers in the future.
If a Seller decides to commence his business with ShopCircuit again, he/she
will not be able to create a new account but the older account can be
restored if it is required.
Seller Account Hold
As per our policy, if the seller stops selling on ShopCircuit for a
period of 60 days without any notice, then their account will be put on
hold for a period of 90 days to ensure smooth closure their account.
Seller will however have access to their partner portal account during
the full and final settlement period of 90 days period. Seller's account
may not be reinstated post this 90 days period and they may have to take
the route of new onboarding process. All terms and condition defined on
the Full and Final settlement policy will be applicable during the
account closure process.
Seller account can also be suspended in case of continuance breach of
SLAs. ShopCircuit is bound by the quality controls as governed by Open
Network for Digital Commerce (or ONDC) , a government initiative to
provide an open network of sellers for online shopping. All sellers on
ShopCircuit need to adhere to seller policies set by ONDC and agreed by
ShopCircuit.
Communications
When you use the Platform or send emails, other data, information, or
communication to us, you agree and understand that you are communicating
with us through electronic records and you consent to receive communications
via electronic records from us periodically or as and when required. We may
communicate with you by email or any other mode of communication, electronic
or otherwise.
Platform for Transaction and Communication
The Platform is a platform that users utilise to independently meet and
interact with one another for their transactions. ShopCircuit is not and
cannot be a party to any transaction or dispute between users on the
Platform.
Consequently:
- All commercial / contractual terms are offered by you and agreed
upon between you and Buyers alone. The commercial / contractual
terms include (without limitation) price, shipping costs, payment
methods and terms, date, period, and mode of delivery, and
warranties and after-sales services related to products and
services. ShopCircuit does not determine, advise, have any control,
or in any way involve itself in the offering or acceptance of such
commercial / contractual terms between you and Buyers.
- ShopCircuit does not make any representations or warranties
regarding specifics (such as quality, value, and saleability) of the
products or services proposed to be sold, offered to be sold or
purchased on the Platform. ShopCircuit does not implicitly or
explicitly support or endorse the sale or purchase of any products
and services on the Platform. ShopCircuit accepts no liability for
any errors or omissions of third parties in relation to the products
and services.
- ShopCircuit is not responsible for any non-performance or breach of
any contract between you and Buyers. ShopCircuit cannot and does not
guarantee that you and Buyers concerned will perform transaction(s)
concluded on the Platform. ShopCircuit shall not and is not required
to mediate or resolve disputes or disagreements between you and
Buyers.
- ShopCircuit does not make any representations or warranties
regarding item-specifics (such as legal title, creditworthiness,
identity, etc.) of any of its users. You are advised to
independently verify the bona fides of any particular Buyer you
choose to deal with on the Platform and use your best judgement in
that regard.
- ShopCircuit does not at any point in time during a transaction
between you and a Buyer on the Platform come into or take possession
of any of the products or services offered by you, gain title to or
have any rights or claims over the products or services offered by
you to the Buyer.
- At no time shall ShopCircuit hold any right / title to or interest
in the items nor have any obligations or liabilities with respect to
such a contract. ShopCircuit is not responsible for unsatisfactory
or delayed performance of services, damages, or delays as a result
of items which are out of stock, unavailable, or back-ordered.
- You release and indemnify ShopCircuit and / or any of its officers
and representatives from any cost, damage, liability or other
consequence of any of the actions of the users on the Platform and
specifically waive any claims that you may have in this behalf under
any applicable law. Notwithstanding its reasonable efforts on that
behalf, ShopCircuit cannot control the information provided by other
users which is made available on the Platform. You may find other
user's information to be offensive, harmful, inaccurate or
deceptive. Please use caution and practise safe trading when using
the Platform. Please note that there may be risks in dealing with
underage persons or people acting under false pretence.
Use of the Platform
You agree and understand that ShopCircuit and the Platform merely
provide hosting services to its registered users and persons browsing /
visiting the Platform. All items advertised / listed and the contents
therein are advertised and listed by registered users and are third
party user generated contents. ShopCircuit shall bear no responsibility
or liability in relation to or arising out of third party user generated
content. ShopCircuit neither originates nor initiates the transmission
nor selects the sender and receiver of the transmission nor selects nor
modifies the information contained in the transmission. ShopCircuit is
merely an intermediary and does not interfere in the transaction between
Buyers and Sellers.
You agree, undertake and confirm that your use of the Platform shall be
strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit,
update or share any information or image which:
- belongs to another person and over which you have no right;
- is grossly harmful, harassing, blasphemous, defamatory,
bigotry, obscene, pornographic, pedophilic, libelous,
invasive of another’s privacy, hateful, or racially,
ethnically objectionable, disparaging, relating to or
encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever, or unlawfully threatening
or harassing, including but not limited to ‘indecent
representation of women’ within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
- is false, inaccurate or misleading in any way;
- is patently offensive to the online community, such as
sexually explicit content or content that promotes
obscenity, pedophilia, racism, bigotry, hatred, or physical
harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of ‘junk mail’, ‘chain letters’,
unsolicited mass mailing, or ‘spamming’; including spamming
by ways of unrelated feedbacks on surveys;
- promotes illegal activity or conduct that is abusive,
threatening, obscene, defamatory, or libellous;
- infringes upon or violates any third party's rights
[including but not limited to intellectual property rights,
rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical
address, or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's
copyrighted work;
- contains restricted or password-only access pages, hidden
pages or images or URLs leading to any other pages (those
not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent
or otherwise inappropriate manner or solicits personal
information from anyone;
- provides instructional information about illegal activities;
- contains unauthorized videos, photographs or images of
another person;
- tries to gain unauthorized access to the Platform;
- engages in commercial activities and/or sales without our
prior written consent;
- Throughout the ToU, ShopCircuit’s prior written consent means a
communication coming from ShopCircuit’s Legal Department in response
to your request and specifically addressing the activities or
conduct for which you have sought authorization;
- You shall not use any 'deep-link', ‘page-scrape’, ‘robot’, ‘spider’,
automatic device, program, algorithm, methodology, or any similar or
equivalent manual process to access, acquire, copy, monitor any
portion of the Platform or content or in any way reproduce, or
circumvent the navigational structure, presentation of the Platform,
or any content to obtain or attempt to obtain any material,
documents, or information through any means not purposely made
available through the Platform. We reserve our right to bar any such
activities.
- You shall not attempt to gain unauthorized access to any portion or
feature of the Platform, other systems, networks connected to the
Platform, server, computer, network, or the services offered on or
through the Platform by hacking, password ‘mining’, or any other
illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform
or any network connected to the Platform or breach the security,
authentication measures on the Platform or any network connected to
the Platform. You may not reverse look-up, trace or seek to trace
information on any other user of or visitor to the Platform or to
its source or exploit the Platform, any service, information made
available, or offered by or through the Platform in any way where
the purpose is to reveal any information provided by the Platform.
- You shall not make any negative, denigrating, or defamatory
statement(s) / comment(s) about us or otherwise tarnish or dilute
any ShopCircuit trademark, service marks, trade name and / or
goodwill associated with such trade, service marks or trade name as
may be owned or used by us.
- You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any
transaction being conducted on the Platform or any other person’s
use of the Platform.
- You shall not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send
to us on or through the Platform, or any service offered on or
through the Platform.
- You may not use the Platform or any content for any purpose that is
unlawful or prohibited by the ToU or to solicit the performance of
any illegal activity or other activity which infringes the rights of
ShopCircuit and / or others.
- You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000, and the other
rules thereunder as applicable and amended from time to time and
also all applicable domestic laws, rules and regulations and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and
Regulations and obtain the necessary licenses and permits regarding
your use of our Platform, service and / or tools and your listing,
purchase, solicitation of offers to purchase, and sale of items or
services.
- Solely to enable us to use the information you provide us with and
so that we do not violate any rights you might have in your
information, you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, and sub-licensable right to
exercise the copyright, publicity or database rights or any other
rights you have in your information for any current or future
promotional or advertising related activities and any business
purposes of ShopCircuit.
- From time to time you shall be responsible for providing information
relating to the items or services proposed to be sold by you. In
this connection, you undertake that all such information shall be
accurate in all respects. You shall not exaggerate or overemphasize
the attributes of such items or services so as to mislead other
users on the Platform in any manner.
- You shall not engage in advertising or solicitation of other Sellers
on the Platform to buy or sell any products or services, including
but not limited to products or services related to what is displayed
on the Platform.
- Your correspondence or business dealings with or participation in
the promotion of advertisers on or through the Platform are solely
between you and such advertisers. We shall not be responsible or
liable for any loss or damage of any sort incurred as a result of
such dealings or the presence of such advertisers on the Platform.
- It is possible that other users may post or transmit offensive or
obscene material on the Platform and that you may be involuntarily
exposed to such material. We do not approve of such unauthorized
uses but by using the Platform, you acknowledge and agree that we
are not responsible for the use of any personal information that you
publicly disclose or share with others on the Platform.
- ShopCircuit shall have all the rights to take necessary action and
claim damages that may occur due to your involvement in any way,
intentionally or unintentionally, in DoS (denial of service) / DDoS
(Distributed Denial of Services).
- ShopCircuit and / or its affiliates may from time to time in
partnership / association with its partners and / or third-party
sponsors, organize / enable promotional campaigns on the Platform
for the benefits of the Customers / Sellers.
- You shall strictly comply with all the policies shared by
ShopCircuit for ethical working and shall not form any form of
cartel or similar arrangement to influence the price or sale on the
platform in any form or manner whatsoever.
- You shall ensure that the personal data of customers is used only
for the purpose of scope of customization transaction and as per the
authorization received from ShopCircuit/Customer. The personal data
shared with the seller should be kept confidential and secure and
should be deleted post the warranty period. The seller shall not use
the customer data for any unauthorized purpose.
- This ToU and its Annexures constitute the entire agreement between
the Parties pertaining to the subject matter contained herein and
supersedes and cancels in all respects all other agreements and
understandings of the Parties, whether oral or written, pertaining
to the subject matter under this ToU. The terms of this ToU may be
modified, amended, varied or waived as per the requirements of
ShopCircuit.
Selling
As a registered Seller, you shall list item(s) for sale on the Platform in
accordance with the policies which are incorporated by way of reference in
this ToU. You must be legally able to sell the item(s) you list for sale on
ONDC network and must have all the necessary licences and permits required
for such sale. You must ensure that the listed items do not infringe upon
the intellectual property, trade secret or other proprietary rights or
rights of publicity or privacy rights of third parties. Listings may only
include text descriptions, graphics, pictures or videos that describe your
item for sale. All items must be listed in an appropriate category on the
Platform. All listed items must be kept in stock for successful fulfilment
of sales. The listing description of the item must not be misleading and
must describe the actual condition of the product. If the item description
does not match the actual condition of the item, you agree to refund any
amount that you may have received from the Buyer. You agree not to list a
single product in multiple quantities across various categories on the
Platform. ShopCircuit reserves the right to delete such multiple listings of
the same product listed by you in various categories. ShopCircuit reserves
the right to restrict the selling of products originating from certain
countries.
Compliance on selling of Goods / Services
In the interest of smooth functioning and better efficiency of the
business, the Parties agree that:
- The invoice shall be raised by the respective parties within the
time as prescribed under The Central Goods and Service Tax Act 2017.
- You shall also ensure full compliance with the provisions of
Integrated Goods and Services Tax (IGST), Central Goods and Services
Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or
State Goods and Services Tax (SGST) in respect of the goods/services
supplied by you.
- It is your responsibility to charge appropriate goods and services
taxes on the supplies effected and remittance of the same to the
Government. ShopCircuit shall not be responsible for any deficiency
and/ or omission on your part.
- Pursuant to the tax collection at source provisions under IGST, CGST
and/UTGST or SGST, the portal would collect tax collection at source
at applicable rates on net value of taxable supplies made through
the portal and remit to the appropriate Government.
- In case of any mismatches on account of tax collection at source,
you shall be required to provide all relevant information to
ShopCircuit to correspond with the relevant authorities and also in
case of any liability accruing on account of omission shall be
recovered from you.
- You shall be required to provide the corresponding Harmonised System
Nomenclature (HSN) code number for every product listing, which
would be validated by ShopCircuit. In the event, the HSN Code number
is not valid HSN, ShopCircuit system will not allow addition of
those products. ShopCircuit shall not be responsible for the correct
classification of the HSN code. Classification of the products
corresponding to correct HSN shall be your responsibility.
ShopCircuit cannot be held responsible for and disputes on incorrect
HSN being adopted by you.
- You shall also be required to provide your GSTIN, without which we
will not be able to raise an invoice on you. In the event that you
do not provide your GSTIN number, transaction on your account will
be blocked and orders will not be processed on your account.
- In the event of you providing your Input Service Distributor
Registration Number, ShopCircuit would be issuing an invoice to the
ISD GST registration number as furnished by you. It is your
responsibility to undertake the necessary compliance required in
respect of the said ISD registration number.
- ShopCircuit shall not entertain any revision of invoices due to
incorrect GSTIN being provided by you. Any correction in GSTIN shall
be taken retrospectively and no prior issued invoices will be taken
up for any changes or issue of credit note.
- ShopCircuit shall raise credit note or debit note only for the
scenarios as prescribed under GST provisions.
- In case you are unable to avail credit due to any reason
attributable to us, you shall intimate ShopCircuit within 2 months
of such mismatch. In case the same is not intimated to ShopCircuit
within the mentioned 2 months, ShopCircuit shall not be responsible
for any loss of tax credit in your hands.
- You shall be required to provide your TAN, if applicable, without
which we shall not reimburse any TDS remitted by you to the
government.
- Seller shall request for reimbursement of TDS after sharing the Form
16A for any given financial year before August 31st of the next
financial year. ShopCircuit shall verify the same with its Form 26AS
and will reimburse accordingly.
- ShopCircuit shall withhold applicable income taxes as per Income Tax
Act, 1961 and issue tax withholding certificate for the taxes
withheld, if any.
- Seller shall be required to indemnify and hold harmless ShopCircuit,
its promoters, officers, directors, employees, affiliates, agents,
sub-contractors and other representatives from any losses including
loss of input tax credit, claims, demands, liabilities, suits,
proceedings, penalties, costs or expenses of any kind (including,
attorneys’ fees and expenses) on account of violation of applicable
tax laws by the Seller (including but not limited to non-filing of
the requisite forms with the tax authorities to claim tax credit
etc.).
Income-tax
- ShopCircuit would withhold taxes as applicable under the Income-tax
Act, 1961. Currently, ShopCircuit is liable to withhold taxes under
section 194-O of the Income-tax Act, 1961 at the applicable rate on
sale of goods or provisions of services facilitated on the Platform.
Accordingly, the portal would make the payment in respect for sale
of goods or provisions of services facilitated through the portal
after deducting the applicable taxes.
- Where you provide Nil/Lower deduction tax certificate issued under
Section 197 of the Income-tax Act, 1961 (‘LDC’), to ShopCircuit, it
would deduct/collect taxes at the rates specified in the said
certificates. In case, if the said LDCs are modified by the
Income-tax Officer subsequently, you are responsible to inform
ShopCircuit and any liability arising on account of omission, shall
be your obligation.
- ShopCircuit will withhold taxes at higher rates as applicable under
Section 206AA and Section 206AB of the Income-tax Act, 1961 in case
warranted.
- ShopCircuit agrees to furnish Form 16A to you within prescribed
timelines as per the Income-tax Act, 1961.
- You are responsible to collect applicable taxes (‘TCS’) under
provisions of Chapter XVII BB of the Income-tax Act, 1961 on sales
made or provision of services to buyers and to ensure the requisite
compliances in this regard. ShopCircuit will not be liable for any
withholding tax or other compliances that will be applicable to the
buyer/you in that capacity.
In the event of any conflict between the terms of this clause and any
other clause in these terms of use, the provisions of this clause will
prevail.
You agree and undertake that You shall not, at any time, purchase more
than 25% of your inventory (in terms of annualised value in a financial
year), purported to be sold on the Platform, from ShopCircuit or its
Group Companies. Group Company shall have the meaning as per the extant
Foreign Direct Investment Policy of India. We may require you to provide
certification (including auditors certificate) to confirm compliance
with this requirement.
We do not mandate that any of your Products should be sold exclusively
on the Platform. For the sake of clarity, effective February 01, 2019,
ShopCircuit unilaterally waives any obligation on You to sell
exclusively on the Platform. Any written or oral arrangements to the
contrary, shall stand unilaterally waived.
As per Section 194-O of the Finance Act, 2020, ShopCircuit will deduct
TDS on the gross amount of sale (excluding GST) of goods or provision of
services provided through the Platform at 0.75% from October 1, 2020 to
March 31, 2021 and at 1% thereafter.
Content Posted on the Platform that transmits to ONDC
All text, graphics, Seller interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork, notes, messages, emails,
billboard postings, drawings, profiles, opinions, ideas, images, videos,
audio files, other material or information (collectively ‘Content’) are
third-party generated Content and ShopCircuit has no responsibility or
liability over such third-party generated Content as ShopCircuit is
merely an intermediary for the purposes of this ToU. Except as expressly
provided in the ToU, no part of the Platform including the Content may
be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including ‘mirroring’) to any other computer, server, website or other
medium for publication, distribution or any commercial enterprise
without ShopCircuit’s prior written consent.
You may use the information on the products and services made available
on the Platform for downloading provided you:
- Do not remove any proprietary notice language in all copies of such
Content;
- Use such Content only for your personal, non-commercial
informational purpose and do not copy or post such information on
any networked computer or broadcast it to any media;
- Make no modifications to any Content; and
- Do not make any additional representations or warranties relating to
the Content.
You shall be responsible for the Content posted or transmitted on the
Platform by You. The Content will become our property and you grant us
the worldwide, perpetual, royalty free and transferable rights in such
content. We shall be entitled to, consistent with our privacy policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of purpose forever, including, but not limited to,
promotional and advertising purposes in any media, whether now known or
hereafter devised or the creation of derivative work. You agree that any
content you post may be used by us, consistent with this ToU, and you
are not entitled to any payment or other compensation for such use.
Limited Licence
ShopCircuit grants Sellers a limited, non-transferable, non-exclusive,
non-sub licensable, non-assignable and personal licence to use “ShopCircuit”
name and / or logo on Seller’s invoice for transactions concluded on the
Platform. Further, ShopCircuit grants Sellers a limited, non-transferable,
non-exclusive, non-sublicensable, non-assignable and personal licence to use
“ShopCircuit” name and / or logo on packing material used by Sellers for
delivery of Products sold on the Platform.
Types of Sellers
All registered Sellers are categorised basis the following criteria:
- Sales achieved by Sellers (revenues and units)
- Fulfillment experience provided to Customers (breaches and
cancellations)
- Percentage of local / zonal shipment out of your overall shipment
- Percentage of overall shipments supplied in the same zone to
Customers by the Seller
- Customer feedback against the products sold by such Sellers (returns
and ratings), etc.
The thresholds for each of these criteria are transparently shared with
the seller at the time of onboarding via email. Based on the
categorization / tier, Sellers get benefits including the following:
- Reduced rate card for the shipping fees
- Account management support
- Faster payments as agreed at the time of onboarding.
ShopCircuit reserves the right to revise the categories, criteria, and
benefits to promote healthy competition amongst the Sellers so that
their performance leads to better Customer experience on the Platform.
Payment
-
Transactions, transaction price and all commercial terms such as
delivery, dispatch of products and / or services are as per
principal to principal bipartite contractual obligations between
Sellers and Buyers and the payment facility is merely used by
Sellers and Buyers to facilitate the completion of transactions. Use
of the payment facility shall not render ShopCircuit liable or
responsible for non–delivery, non-receipt, non-payment, damage,
breach of representations and warranties, non-provision of
after-sales or warranty services or fraud as regards the products
and/or services listed on the Platform.
-
You have specifically authorised ShopCircuit or its service
providers to collect, process, facilitate, and remit payments and /
or the transaction price electronically or through cash on delivery
(CoD) to and from Buyers in respect of transactions through payment
facility. Your relationship with ShopCircuit is on a principal to
principal basis and by accepting the ToU, you agree that ShopCircuit
is an independent contractor for all purposes and does not have
control of or liability for the products or services that are listed
on the Platform and paid for by using the payment facility.
ShopCircuit does not guarantee the identity of any User nor does it
ensure that a Buyer or a Seller will complete a transaction.
-
You understand, accept, and agree that the payment facility provided
by ShopCircuit is neither a banking nor financial service, but
merely a facilitator providing an electronic, automated online
electronic payment facility for receiving payment, or cash on
delivery (CoD) payment, collection and remittance for transactions
on the Platform using the existing authorised banking infrastructure
and credit card payment gateway (PG) network. Further, by providing
payment facility, ShopCircuit neither acts as a trustee or fiduciary
with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be
available for select products or categories, at ShopCircuit’s sole
discretion.
-
All online bank transfers from valid bank accounts are processed
using the gateway provided by the respective issuing bank that
supports payment facility to provide these services to the users.
All such online bank transfers on payment facility are also governed
by the terms and conditions agreed to between a Seller, Buyer and
the respective issuing bank.
Dispatch of products and / or services
-
You, as a Seller, shall be required to dispatch the products and /
or services for every transaction to the Buyer within the time
period as provided in the ToU to ensure that the products and / or
services are delivered in a timely manner. Further, you will solely
be responsible for undertaking products insurance for products sold
by You on the Platform. For avoidance of doubt, ShopCircuit will not
be responsible for undertaking any insurance(s) for products sold by
Sellers on the Platform.
-
Seller shall provide dispatch details and details of after-sales
services related to products and services listed by it on the
Platform to ShopCircuit in such a manner and within a time period as
provided in the policies, failing which the transaction shall stand
cancelled.
-
Seller shall dispatch the products and / or services using only an
approved delivery channel which provides appropriate ‘proof of
dispatch’ &‘proof of delivery’ (PoDs) documentation. Such PoD
documentation relating to delivery should be maintained by a Seller
or such agents making the delivery for a period of 3 (three) years
from the date of dispatch. The PoDs should be furnished to
ShopCircuit on demand within the time frame as notified from time to
time.
-
Seller agrees that the dispatch details shall be true, correct, and
duly authorised and shall not be misleading, fraudulent, false,
unauthorised, illegal and shall not contain any misrepresentation of
facts.
-
In case a Seller fails to provide dispatch details or provides
dispatch details not complying with policies, it shall result in
consequences as more specifically stated in the ToU and may lead to
suspension and / or termination of Seller account.
-
Seller agrees that the transaction price paid by a Buyer will be
remitted to a Seller’s bank account contingent upon the
following events:
-
Buyer confirms the delivery of products and / or services in
the transaction;
-
Buyer does not take any action on payment facility to
confirm delivery within such a time period as provided in
the policies despite confirmation of dispatch of products
and / or services by a Seller to the Buyer;
-
Buyer’s refund claim is rejected by ShopCircuit due to any
breach of the ToU, policies, and any applicable law;
-
Once the transaction is completed by the Seller, the
remittance to Seller shall be made in accordance with RBI
Intermediary Guidelines.
-
You are required to route all shipments / consignments through the
Logistic Partner, unless otherwise specified. ‘Logistic Partner’
shall mean a logistic service provider as approved by ShopCircuit or
available via ONDC logistics network.
Prepaid Payment Instruments
ShopCircuit may, either itself or through third-party service providers,
offer prepaid instruments as a payment option for transactions on the
Platform to users. Any purchases by Buyers on the Platform using the
prepaid instruments shall be governed by the following terms and
conditions:
-
Such prepaid instruments may be used to make payments for the
products and / or services purchased on the Platform.
-
Such prepaid instruments can be redeemed by Buyers by selecting the
payment mode as may be provided on the Platform.
-
Such prepaid instruments cannot be used to purchase other prepaid
instruments or gift vouchers.
-
If the order value exceeds the amount of such prepaid instruments,
the balance must be paid by the respective Buyer via Credit Card /
Debit Card / Internet Banking. COD shall not be available as payment
option for such transactions.
-
If the order value is less than the amount of such prepaid
instruments, the outstanding balance (after deduction of order
value) will reflect as credit balance for such prepaid instruments.
-
Prepaid instruments and any unused balance of such prepaid
instruments shall expire 1 year from the date of their issue.
-
Prepaid instruments cannot be redeemed for cash.
-
ShopCircuit is not responsible if prepaid instruments are lost,
stolen, or used without permission.
-
Buyers can combine and use a maximum of 3 prepaid instruments per
order. They can be combined with promotional codes.
-
Purchases of prepaid instruments are not eligible for cashback
offers.
-
All Sellers on the Platform will accept this prepaid instrument as a
payment instrument.
-
ShopCircuit will make payments to Sellers whose products and / or
services have been purchased by Buyers redeeming Electronic Gift
Vouchers (EGV) as per the guidelines issued by the Reserve Bank of
India from time to time.
Financial Facilities for Customers
ShopCircuit has operationalized tie-ups with multiple partners for providing
financial assistance to Customers for purchasing products on the platform
and thereby enhancing the transaction capability of Customers. In pursuance
of the same, in the event of the Customers opting for the financial
assistance program and you duly receiving such amounts from the partners (on
behalf of the Customers), you hereby agree to assign all receivables from
the Customer for such transaction. Therefore you hereby agree that without
any further action on your part, upon receipt of the amount due from such
partners, any and all receivables due from the Customers shall stand
assigned in favour of the partner. You hereby authorise ShopCircuit to enter
into any documentation on your behalf to complete and perfect the
assignment. Upon such assignment, the financing partner shall have all the
rights as the Seller may have had in relation to the collection of
receivables from the Customer and the Customer shall be required to repay
the financing partner directly. The lending partner further reserves the
right to assign and transfer such receivables under these terms and
conditions to an NBFC / financial institution as it may deem fit.
Onboarding fees
Before you list a product or service for sale through the Platform, we
request you to review our fee policy which is displayed on the seller
portal or as negotiated between the Parties through a written document.
ShopCircuit is currently charging the below mentioned fees on boarding
of sellers:
ShopCircuit doesn't charge any onboarding fee.
ShopCircuit doesn't charge any onboarding fee.
ShopCircuit reserves the right to change its fee policy from time to
time. In particular, ShopCircuit may, at its sole discretion, introduce
new services and modify some or all of the existing services offered on
the Platform. In such an event, ShopCircuit reserves the right to
introduce fees for the new services offered or amend / introduce fees
for existing services, as the case may be. Changes to the fee policy
shall be posted on the Platform and such changes shall automatically
become effective immediately after they are posted on the Platform.
Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR)
and payable to ShopCircuit. You shall be solely responsible for
compliance with all applicable laws for making payments to ShopCircuit.
You hereby agree that ShopCircuit shall have the right to set off any
amounts due and payable by You to ShopCircuit against any payments due
from ShopCircuit to You.
You hereby authorise ShopCircuit to collect any other fees as applicable
to the consumers on its behalf. You understand that this fee may be
retained by ShopCircuit in the event the service’s pertaining to such
fees have been provided by ShopCircuit on behalf of You.'
GST / Taxes
You are responsible for paying all fees associated with the use of the
Platform and charges collected in respect of such usage. You agree to
bear any and all applicable taxes, charges, cesses levied thereon
(including CGST+SGST / IGST / CGST + UGST and GST cess as may be
applicable to the transaction).
-
A Seller agrees that ShopCircuit may offer to provide Express
Remittance to eligible Sellers as per payments settlement policy.
Express Remittance shall be subject to RBI Intermediary Guidelines
and arrangements / directions of the nodal bank. ShopCircuit, at its
sole discretion, may make such an offer to eligible Sellers and the
same shall not be construed as a right but only as a privilege.
Eligible Sellers understand that ShopCircuit reserves the right to
withdraw Express Remittance at any time for any violation of the ToU
or ShopCircuit’s policies and / or failure by the eligible Sellers
to maintain or comply with the parameters as may be decided by
ShopCircuit from time to time.
-
Invoice generation: A Seller expressly agrees that issuing correct
and complete invoice is the sole and primary responsibility of a
Seller. We will assist you with this process by generating an
invoice on your behalf. For us to generate these invoices, we would
need a digital image of your signature which will be affixed on the
invoice. The invoice shall then be generated and sent to the Seller.
The Seller shall be required to physically sign the invoice, print
the invoice and affix the same on the consignment. The invoice
generated by ShopCircuit shall be affixed by the Seller on the
consignment. Notwithstanding anything else contained in these terms
of use, the Seller shall be solely liable for any liability which
may be imposed by taxation authorities for any discrepancy in the
invoices.
A Seller expressly agrees that issuing the correct and complete invoice
is the sole and primary responsibility of a Seller.
-
In case of any chargebacks levied by the bank, ShopCircuit shall
have the right to deduct such chargebacks from Seller remittances,
present and future, and a Seller’s only remedy will be to discuss
and resolve the same with the bank. A Seller hereby agrees to extend
full cooperation in resolving the chargeback disputes raised by a
Buyer through the bank and shall provide necessary documentation
regarding the transaction to the complete satisfaction of the bank.
In case the chargeback is ruled against a Seller, ShopCircuit shall
be entitled and authorised to recover the same from the Seller to
its fullest extent and the bank’s decision shall be final and
binding in this regard. In the event ShopCircuit has made any excess
payment to the Seller inadvertently, such excess payments shall be
set-off from any future payments payable by ShopCircuit to the
Seller.
-
ShopCircuit may delay notifying the payment confirmation, i.e.
informing the Seller to dispatch if ShopCircuit deems suspicious or
a Buyer conducts high transaction volumes to ensure safety of the
transaction and transaction price. In addition, ShopCircuit may hold
transaction prices and not inform Sellers to dispatch or remit
transaction prices to law enforcement officials (instead of
refunding the same to a Buyer) at the request of law enforcement
officials or in the event of a Buyer being engaged in any form of
illegal activity.
-
Sellers acknowledge that ShopCircuit will not be liable for any
damages, interests, claims etc. resulting from not processing a
transaction / transaction price or any delay in processing a
transaction / transaction price that is beyond the control of
ShopCircuit.
-
Sellers acknowledge that ShopCircuit will not be liable for any
damages, interests, claims etc. resulting from not processing a
transaction / transaction price or any delay in processing a
transaction / transaction price that is beyond the control of
ShopCircuit.
-
ShopCircuit shall make payments into the bank account provided by a
Seller during the Seller registration process. Once ShopCircuit has
made payments into such a bank account number, ShopCircuit shall be
discharged of any / all liabilities towards the Seller and the
Seller shall not be eligible for any claims whatsoever.
Compliance with Laws
-
Seller acknowledges and undertakes the compliance with all
applicable laws and also will sign the declarations captured in this
ToU.
-
In the event of sale of jewellery, the Seller shall provide a
hallmark certificate (in accordance with applicable laws) along with
the product at the time of delivery. Further, it shall be sole
responsibility of the Seller to comply with hallmarking or other
similar provisions applicable for the sale of jewellery and
ShopCircuit shall not be liable whatsoever for any non-compliance in
this regard.
-
In the event of sale of jewellery, Seller shall ensure conduct of
Buyer KYC in accordance with the prevention of anti-money laundering
laws and other applicable laws. ShopCircuit hereby disclaims any
responsibility for conducting Buyer KYC.
-
Seller will fully comply with all applicable laws and regulations
including but not limited to anti-money laundering (including know
your customer and customer due-diligence) and sanctions (economic
and trade) enforced by the United Nations, the Republic of India,
U.S. Department of Treasury’s Office of Foreign Assets Control
(OFAC). Neither party will engage in a transaction pursuant to this
agreement that will cause the other party to violate such laws and
regulations
-
Seller shall ensure that no products are sourced or used in the
manufacturing or in the provision of services which originate wholly
or in part, from any of the prohibited countries stated in the ‘OFAC
Regulations and Other Applicable Sanctions Regulations’. The extant
Trade Compliance Policy Statement is available at the Seller
Learning Centre.
-
If and to the extent that you collect, access, use, store,
record, or otherwise process (collectively “Process”) any
personally identified or identifiable information such as name,
age, gender, email address, physical address, phone number, in
any form that can be linked to a specific individual (“Personal
Information”) received by you from or on behalf of ShopCircuit
(or any ShopCircuit group company) employees, contractors,
users, partners, or other third parties or otherwise obtained in
connection with performing your obligations under this ToU
(“ShopCircuit’s Personal Information"), you agree to:
- comply with applicable data protection laws, rules and
regulations governing the collection, use, protection,
breach notification, retention, disclosure of Personal
Information including but not limited to Information
Technology Act, 2000 and the Information Technology
(Reasonable Security practices and procedures and sensitive
personal data or information) Rules, 2011 (“Applicable Data
Protection Law”), including any requirements applicable to
storage or cross-border transfer of Personal Information
outside India;
-
keep and maintain all ShopCircuit’s Personal Information in
strict confidence and the obligation to protect Personal
Information shall survive in perpetuity; and
-
process ShopCircuit’s Personal Information solely to fulfil
Your obligations under this ToU and not sell, rent, trade,
lease, use for its own advertisement or marketing purposes,
or otherwise make an unauthorised disclosure of
ShopCircuit’s Personal Information to any third party.
-
If and to the extent that you provide yours or others’ Personal
Information to ShopCircuit for processing, you warrant that such
Personal Information was collected lawfully, and there is no
restriction on you under the Applicable Data Protection Law, from
providing such Personal Information to ShopCircuit or any processing
by ShopCircuit under this ToU. We will only use information provided
by you in accordance with this ToU and our Privacy Policy available
at https://seller.shopcircuit.ai/privacypolicy. ShopCircuit may
share your information with the Brands/Government authorities/any
other authorised personnel in case of any non compliance with the
applicable laws and policies of ShopCircuit or this Tou.
-
You undertake sole and exclusive responsibility to ensure that the
products you want to list on ShopCircuit for Sales are permissible
for such a Sale and are not prohibited or restricted per one or many
conditions imposed by the extant laws of the land, ShopCircuit’s
Prohibited and Restricted Items Policy, or other ShopCircuit
policies / Indian Laws.
-
Products must adhere to the Legal Metrology laws and Indian
Labelling requirements by ensuring that the indicated weights and
measurement indicated in the products and / or its components are
commensurate with the mandatory and legal requirements of the same
which make the product and / or components accurate, authentic and
secure for consumption / utilisation by the Customer. ShopCircuit
does not assume any responsibility for the proceedings undertaken by
an aggrieved Customer / Consumer against the Seller in the event of
a non-adherence. However, in the event of a complaint from a
Consumer / Customer, the Seller is obligated to answer queries on
the non-adherence to the Legal Metrology Laws, failing which
ShopCircuit can temporarily / indefinitely suspend / terminate /
block / withhold your account at its own discretion.
-
Compliances under The Consumer Protection (E-commerce) Rules,
2020 as amended and if substituted from time to time:
-
You should not mislead and misguide the Consumer by posting
false reviews for your own products
/ service 's quality and features pretending as Consumer on
the ShopCircuit Platform.
-
If in case your products / services are defective,
deficient, adulterated or spurious, or if the products or
services are not of the features as advertised or as agreed
to or delivered late from the stated delivery schedule. You
shall provide benefits of Refund, Return / Replacement,
Exchange, Warranty and Guarantee, Withdrawal and
Cancellation for the products / services listed on the
ShopCircuit Platform.
-
You agree and undertake to comply with:
- To register yourself with ShopCircuit for selling
your products / services on ONDC network;
-
To form a Consumer Grievance Redressal Mechanism to
resolve the consumer disputes whenever referred by
ONDC network;
-
The products / services offered on the ONDC network
are consistent with actual quality and features of
the products / services as shown on ShopCircuit
Seller portal;
-
To display your all details such as your company 's
/ Firm’s name, geographic address, customer care
details, consumer 's review for the product /
services listed &other info, if any;
-
You shall be responsible to display your:
-
Products / services details on the ShopCircuit
Seller Portal and ONDC network, which are required
to be displayed as per applicable laws;
-
Total price of products / services &its breakup with
all required charges (delivery charges / postal
charges / handling / conveyance charges and
applicable taxes);
-
Manufacturing / packed date, Expiry date of products
wherever applicable by law;
-
Required details of products / services including
Country Of Origin to enable the consumer to make the
right decision;
-
To appoint your Grievance Officers;
-
In case your products are imported it may be by you
or from someone else, you need to provide the
details such as Name and complete address as
“Imported by”;
-
You shall ensure the authenticity or genuineness of
your products / services;
-
You shall provide updates on shipment and delivery
of products / services that are shipped from your
premises not using ShopCircuit provided logistics
provider or ONDC logistics partner;
-
You shall provide the Guarantees or Warranties for
your products / services, if applicable.
-
Compliances under The Legal Metrology (Packaged Commodities)
Rules 2011 as amended and if substituted from time to time
-
Your products / services listed on ShopCircuit Seller portal
and ONDC network has to comply with the Rule 6 (10) of the
LM (PC) Rules, 2011;
-
You shall be responsible for displaying all the product’s
label declarations on the ShopCircuit Seller portal and ONDC
as required under Rule 6 (1) of LM (PC) Rules for the
consumer’s review;
-
Any non compliance by you in regards to your product /
services, which get listed on the ShopCircuit Seller portal
and ONDC, you shall be solely responsible and liable for the
legal repercussions;
-
You shall indemnify and shall keep indemnified ShopCircuit
for all the direct and indirect losses, damages, fines,
penalties, etc., incurred / suffered by the ShopCircuit and
or as and when imposed by any government offices /
authorities due to commission of unlawful act or non
commission of lawful act, negligence act by you in regards
to your products / services listed on the ShopCircuit Seller
portal or ONDC network.
Seller Action Framework
ShopCircuit may take appropriate action against the Seller for non
compliance with any applicable laws as stipulated in this Terms of Use
or otherwise applicable to the Product listed by You. This may include
but shall not be limited to delisting You or blacklisting You from the
Platform. ShopCircuit may assign appropriate penalties for non
compliance of this document as deemed appropriate.
The Seller shall be responsible and liable for any notices /
governmental communications received from applicable authorities by
ShopCircuit. Seller shall respond, defend and hold ShopCircuit harmless
from any such claims pursuant to any listing by the Seller.
The Seller shall be responsible for listing the products under the
specified category and shall in no manner list the products in any other
category which shall mislead the consumers in any manner. The Seller
shall be responsible for any returns pursuant to manufacturing defect
and shall communicate with the manufactures to resolve such situations.
The Seller shall be responsible for any action / penalty received by
ShopCircuit and shall be liable to pay the entire amount of penalty as
received by ShopCircuit. ShopCircuit shall not be responsible for any
violation of applicable laws by the Sellers.
For more details regarding the Seller Action Framework, please refer to
ShopCircuit’s Prohibited & Restricted Item Policy.
Anti-Corruption
-
Compliance with Law and Policy:
Seller agrees that its performance under this Agreement will be
in full compliance with the Company’s Anti-Corruption Policy and
all applicable anti-corruption laws and regulations, Seller and
the Company agree that in their performance under this
Agreement, they will not directly or indirectly offer, promise,
give, or authorise the giving of anything of value, or offer,
promise, make, or authorise the making of any bribe,
facilitation payment or other improper or unlawful payment to
any government official, political party, or candidate for
public office in order to obtain or retain business, gain any
unfair advantage, or influence any act or decision of a
government official.
-
Certification of Compliance:
Seller agrees to certify its compliance with the applicable
anti-corruption laws and regulations by executing a form
supplied by the Company for this purpose, either annually or
when otherwise requested by the Company.
-
Right to Audit and Obligation to Cooperate:
Seller shall keep accurate books, records, and accounts with
sufficient detail as to clearly reflect its transactions and
disposition of its resources or assets in connection with this
ToU. Seller agrees the Company has the right to audit such
transactions at any time and upon reasonable notice. Seller
agrees to
(1) provide assistance and cooperation in any investigations
involving the Company and Seller, and (2) submit to due
diligence re-screening when requested by the Company.
-
Training:
Seller agrees its employees, affiliates, and other
representatives responsible for its performance under this ToU
will participate in the Company’s anti-corruption training, if
requested by the Company.
-
Subcontractors:
Seller must obtain prior written authorization from the Company
before Seller engages any subcontractor to perform any services
under this ToU requiring interaction with any government Seller
or government official on the Company’s behalf.
-
Right to Terminate:
If the Company reasonably suspects that the Seller has engaged
in conduct violating the Policy, or any applicable
anti-corruption laws or regulations, the Company may immediately
suspend payment pending the issue’s resolution. If the Company
determines that the Seller violated the Policy, or any
applicable anti-corruption law or regulations, the Company may
terminate the ToU. The Company may also suspend payment and
suspend or terminate the ToU if the Seller does not comply with
the ongoing anti-corruption compliance obligations set forth in
this ToU or if Seller does not successfully complete due
diligence re-screening.
-
Form of Payment:
The Parties agree all payments made by the Company to the Seller
pursuant to this ToU shall be made only after receipt by the
Company of an invoice detailing the products or services for
which Seller is seeking payment. All payments under this ToU
shall: (i) be made solely by check or wire transfer for the
benefit of, and to the account of, Seller and not to any
individual employee or representative of Seller; (ii) be
denominated in functional currency; and (iii) not be in cash or
bearer instruments.
-
Obligation to Provide Information:
If for any reason, the Seller proposes to materially change
ownership or management or its current shareholders or partners
transfer control of the Seller to a third party or a third party
assumes control of the Seller, the Seller must notify the
Company within thirty (30) days of such change in writing. In
such cases, Seller may be resubmitted through the Company’s due
diligence and approval procedure for third-party intermediaries.
The Seller agrees to provide timely information to the Company
regarding any changes to the representations made in this ToU.
-
No Government interaction:
Seller agrees that neither Seller nor any of its employees,
agents and representatives, and any persons associated with
Seller are authorised to engage or interact with any government
Seller or official for or on behalf of either ShopCircuit,
directly or indirectly, in any transaction or business activity
for any purpose, including but not limited to obtaining a
permit, licence or other type of authorization, whether at a
local, regional or national level. In the event that any form of
interaction with a government entity or government official is
required in relation to Seller’s engagement, directly and / or
indirectly, with ShopCircuit, the Seller shall obtain prior
written authorization from ShopCircuit before proceeding with
the engagement or interaction.
Product Description
ShopCircuit does not warrant that product description or other content on
the Platform is accurate, complete, reliable, current, or error-free and
assumes no liability in this regard.
Audits
ShopCircuit shall have the right to inspect and audit Seller’s records and
premises / place of business through itself or through ShopCircuit approved
third party testing agencies. Cost of such an audit shall solely be borne by
ShopCircuit unless the audit reflects discrepancy in Seller accounts /
non-compliance with ShopCircuit’s Seller policies, in which case the cost of
audit shall be borne by the Seller.
Breach
Without limiting other remedies, we may limit your activity, immediately
remove your information, warn other users of your actions immediately,
temporarily / indefinitely suspend / terminate / block your account and
/ or refuse you access to the Platform, or put your account on hold, in
the event of, including but not limited to, the following:
-
if you breach the ToU, privacy policy or other policies such as
Prohibited & Restricted Item Policy, etc.;
-
if we are unable to verify or authenticate any information you
provide;
-
if it is believed that your actions may cause legal liability for
you, other users, or us; or
-
if you do not produce the legal requirement documents such as the
documents required for product sales in the Drugs and Cosmetics
category, the BIS licence documents, the Brand Authorisation letter,
or a Trademark registration proof, as may be required by the
ShopCircuit Authorities.
We may at any time, at our sole discretion, reinstate suspended Sellers.
A Seller that has been suspended or blocked may not register or attempt
to register with us or use the Platform (through itself or any other
entity or legal form) in any manner whatsoever until such time that such
a Seller is reinstated by us. Notwithstanding the foregoing, if you
breach the ToU or other rules and policies, we reserve the right to
recover any amounts due and owed by you to us and take strict legal
action, including but not limited to a referral to the appropriate
police or other authorities for initiating criminal or other proceedings
against you.
Indemnity
You shall indemnify and hold harmless ShopCircuit its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their
respective officers, directors, agents, and employees from any claim,
demand, or actions including reasonable attorneys' fees made by any third
party or penalty imposed due to or arising out of your breach of the ToU,
privacy policy and other policies or your violation of any law, rules,
regulations or the rights (including infringement of intellectual property
rights) of a third party.
Trademark & Copyright Complaint
ShopCircuit respects the intellectual property of others. In case you feel
that your trademark or design has been infringed by another brand, which is
also selling on the ShopCircuit platform, then you may create a ticket via
the partner portal or seller support with necessary trademark registration
or design registration certificate.
Trademark, Copyright and Restriction
The Website is controlled and operated by ShopCircuit and products are sold
by respective registered Sellers. All material on the Platform, including
images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks and other intellectual property rights. You must not
copy, reproduce, republish, upload, post, transmit, or distribute
ShopCircuit’s or other Sellers’ material in any way, including by email or
other electronic means and whether, directly or indirectly, you must not
assist any other person to do so. Without the prior written consent of the
owner, modification or use of the material on any other website / networked
computer environment or for any purpose other than personal, non-commercial
use is a violation of the copyrights, trademarks, and other proprietary
rights is prohibited. Any use for which you receive any remuneration,
whether money or otherwise, is a commercial use for the purposes of this
clause.
Limitation of Liability
IN NO EVENT SHALL SHOPCIRCUIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE ToU,
EVEN IF SHOPCIRCUIT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES.
Applicable Law
The ToU shall be governed, interpreted, and construed in accordance with the
laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues / Sale in India Only
Unless otherwise specified, the material on the Website is presented solely
for the purpose of sale in India. ShopCircuit makes no representation that
the material on the Website is appropriate or available for use in other
locations / countries other than India. Those who choose to access the
Website from other locations / countries other than India do so on their own
initiative and ShopCircuit is not responsible for supply of products /
refund for the products ordered from other locations / countries other than
India and compliance with local laws, if and to the extent local laws are
applicable.
Seller Declarations
Segment |
Declaration By Sellers
|
Cosmetic |
Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, in
each case, as amended from time to time. We hereby undertake
to ensure that:
-
We shall comply with the provisions of Chapter III, IV,
V, VI, IX read with relevant Schedules including
Schedule IX of the Cosmetics Rules, 2020.
-
We shall comply with such further requirements, if any,
as may be specified, by the Government of India, under
the Act and the Rules, made thereunder.
-
For all times during which we may advertise, distribute,
market, supply or sell the Products to / on ShopCircuit,
the above representation, warranty, covenant and
undertaking remains true and correct in all respects and
that we are in full compliance with all applicable laws.
-
For all the times we shall ensure that listings on the
platform shall not include over-the-counter medicines or
prescribed medicines under cosmetics verticals in any
form or manner whatsoever, will be considered as
irreparable breach for ShopCircuit and ShopCircuit shall
take appropriate actions as per the law and internal
guidelines.
We hereby also undertake to ensure that in an event we are
manufacturing/ importing the Products in addition to selling
them, we shall comply with the below norms:
-
We shall comply with all the conditions imposed on the
manufacturer or importer for the manufacture / imports
of cosmetics as required under the provisions of the
Cosmetics Rules, 2020.
-
Every cosmetic manufactured / imported by us for sale or
for distribution in India shall conform to the standards
laid down by the Bureau of Indian Standards as referred
to in the Ninth Schedule.
-
We declare that no cosmetic manufactured / imported by
us has been tested on animals.
-
We shall inform ShopCircuit, in case of any change in
respect of labelling or composition or testing of
licensed product or its specifications within 15
(fifteen) days along with an undertaking that products
comply with standards laid down by the Bureau of Indian
Standards as referred in the Ninth Schedule.
-
The substances used in the formations of every cosmetic
manufactured / imported by us for sale or for
distribution in India shall conform to the standards
laid down as per IS4707-under part1 and part 2 of the
Tenth (X) Schedule.
|
BIS Certification
|
The Bureau of India Standards Act 1986 ("BIS Act”), Electronics
and Information Technology Goods (Requirements for Compulsory
Registration) Order 2012, all applicable Quality Control Orders
issued under the BIS Act, ISI Mark Scheme, Energy Conservation
Act 2001 & rules and regulations made thereunder and all
applicable legislations under BIS CRS / BIS - ISI BEE Product
Safety and Standards Regulations, in each case, as amended from
time to time. We have obtained and shall continue to maintain in
force, all certificates and authorisations needed under
applicable laws for lawful sale of the Products.
|
Products containing part of animal
|
Corals, Seashell, Shankha, Real insect key-chains, which we sell
through the ShopCircuit portal are not prohibited or scheduled
animals under Wildlife Act, 1972, as defined under the extant
laws. Also, herewith we confirm that, we are not selling any of
the scheduled animal or Animal articles or part thereof as
scheduled and prescribed under Wildlife (Protection) Act 1927.
|
Products containing Plastic
|
The Plastic Waste Management Rules, 2016, as amended from time
to time and the Environment (Protection) Act, 1986, as amended
from time to time. We have obtained and shall continue to
maintain in force all certificates and authorisations,
provisional certificates wherever required under applicable laws
for lawful sale of the Products.
|
Gold Jewellery
|
The Bureau of India Standards Act 1986, Bureau of Indian
Standards (Hallmarking) Regulations, 2018 and Hallmarking of
Gold Jewellery and Gold Artefacts Order, 2020 and all
applicable legislations under BIS CRS/ BIS- ISI Product
Safety and Standards Regulations, in each case, as amended
from time to time.
We hereby undertake that as stipulated under the Hallmarking
of Gold Jewellery and Gold Artefacts Order, 2020, we will be
selling the Products procured through certified sales
outlets, after fulfilling the terms and conditions of
certificate of registration as specified in regulation 5 of
the Bureau of Indian Standards (Hallmarking) Regulations,
2018.
|
WPC and TEC
|
The Indian Wireless Telegraphy Act, 1933, Wireless Planning
commission No. ETA- WPC/policies/2018-19, The Indian Telegraph
Act, 1885, The Indian Telegraph (Amendment) Rules, 2017,
Mandatory Testing and Certification of Telecom Equipment (MTCTE)
notification &Bureau of Energy Efficiency -March, 2002 all
applicable legislations, in each case, as amended from time to
time through amendments, notifications, clarifications, etc.
|
National Honour
|
We have obtained and shall continue to maintain in force all
licences, permissions, authorisations and permits needed to
distribute, market, supply and sell the National Emblem, Flag
and other products related to national importance on ShopCircuit
under applicable laws, from time to time, including State Emblem
of India (Prohibition of Improper Use) Act, 2005, The Prevention
of Insults to National Honour Act, 1971 (now, the Prevention of
Insults to National Honour (Amendment) Act, 2003), The Flag Code
of India, 2002, in each case, as amended from time to time
through amendments, notifications, clarifications, etc.
|
Drugs and Allied Products
|
Drugs and Cosmetics Act, 1940, The Medical Devices Rules,
2017, The Drugs Price Control Order, 1995, Drugs & Magic
Remedies (Objectionable Advertisement) Act , 1954 and rules
made there under, Poison Act, 1919, Narcotic Drug &
Psychotropic Substance Act, 1985, Pharmacy Act, 1948,
Pharmacy Practice Regulation, 2015, in each case, as amended
from time to time through amendments, notifications,
clarifications, etc.
We shall comply with all the conditions imposed on the
manufacturer or importer for the manufacture/imports as
required under the provisions of the Acts & rules there
under:
-
Every product manufactured/imported by us for sale or
for distribution in India shall conform to the standards
laid down by Govt Authorities, Acts & Rules there under
mentioned above.
-
We shall comply and undertake that we shall not be
selling/listing drugs covered under the categories of
the Narcotic and psychotropic as referred to in the
Narcotic Drugs and Psychotropic Substances Act, 1985,
tranquillisers and the drugs as specified in the
Schedule X of Drugs and Cosmetics Rules, 1945 on the
platform.
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We shall also refrain in promoting medicinal products
which will otherwise fall under the definition of Drugs
& Magic Remedies, 1954, and rules made there under.
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We shall desist ourselves from promoting misbranded,
counterfeit, spurious products.
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We shall abide by the product recall requirement as and
when notified by Government Authorities / manufacturer.
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We shall comply with such further requirements, if any,
as may be specified, by the Government of India, under
the Act and the Rules, made there under.
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Cigarette & other tobacco products & ENDs
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We shall not distribute, market, supply and sell the respective
cigarettes and other tobacco products or any part thereof to/on
ShopCircuit and shall be in compliance with, the Cigarettes and
Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003, rules made thereunder, The Prohibition
of Electronic Cigarettes (Production, Manufacture, Import,
Export, Transport, Sale, Distribution, Storage and
Advertisement) Act , 2019 as amended from time to time through
amendments, notifications, clarifications, etc.
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Product with Khadi Mark
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The Khadi and Village Industries Commission Act, 1956, rules and
regulations made thereunder, in each case, as amended from time
to time through amendments, notifications, clarifications, etc.
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Antiquities and Art Treasures
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If any of your items listed on the Platform qualifies as an
"Antiquity" or "Art treasure" as defined in the Antiquities and
Art Treasures Act, 1972, ("Artwork"), you shall indicate that
such Artwork is "non-exportable" and sold subject to the
provisions of the Act, and shall ensure that it is not delivered
to any Buyer at any place outside India.
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Contact Us
For queries / concerns, excluding queries related to trademark and copyright
infringement, please raise an incident from your Seller dashboard.
Grievance Officer
In accordance with the IT Act, 2000, and the rules thereunder, the name
and contact details of the grievance officer are provided below:
Name: Abhinav Srivastava
Designation: Managing Director
Vidyant Technologies Pvt Ltd , Old No.22/1 & 22/2, Shubharam complex
5th Flr Mahatma Gandhi Road, Bangalore North Bangalore KA 560001 IN,
India
Email: support@ShopCircuit.ai