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.
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.
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.
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
- Pick-up Address
- Registered Address - Principal geographic address of its headquarters and all branches
- Bank A/c Details
- Account Holder Name
- Cancelled Cheque
- 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
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.
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.
- 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.
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.).
- 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.
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.
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.
- 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
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.
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.
- 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
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.
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.
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.
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.
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 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.
Trademark & Copyright Complaint
Trademark, Copyright and Restriction
Limitation of Liability
Jurisdictional Issues / Sale in India Only
|Segment||Declaration By Sellers|
Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, in each case, as amended from time to time. We hereby undertake to ensure that:
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:
|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.|
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:
|Cigarette & other tobacco products & ENDs||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.|
|Product with Khadi Mark||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.|
|Antiquities and Art Treasures||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.|
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