Policy for Sellers

Given below are the policies for Sellers who choose to sell their products at keralaspecial.in.  By using this website portal a seller agree to follow the Website policies. Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.

Seller Registration: A seller who wishes to sell items keralaspecial.in shall register with the Website by providing the requisite information/data on Seller Registration page including details of the seller’s Valid Bank Account and IFSC. The sellers shall provide true, correct and duly authorized data/information, which shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. Keralaspecial (the Concern) has the right to suspend/terminate the Seller Registration and the use of the Website by the seller if the Concern discovers or it is brought to the Concern’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and policies made there under and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise. Also liabilities arising from the use, consumption and/or interaction with the products sold by the sellers is solely yours and the Concern will not be responsible for any loss or damage incurred by the sale of such products.

Know Your Customer (KYC) Documentation: Keralaspecial may seek KYC Documents from Seller at the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Concern from time to time, which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration or later.

Invoicing, Shipping and Product Liabilities: The keralaspecial.in is a marketplace. Our Concern facilitates bridging Buyers and Sellers whereby as Sellers you are selling to customers via our platform and we are charging commission for services associated with it. Sale of the products notified in the website shall be fulfilled via two alternative channels – channel 1 and channel 2.

In channel 1, the Sellers shall take full responsibility in invoicing and shipping of the products displayed by them in the Website. The taxation like VAT, CST, etc. related to sale of the products displayed in the Website is the responsibility of the sellers.

In channel 2, the Concern shall have an inventory and physical stock of products that are listed/displayed in the Website, and the invoicing and shipping of the said products are the responsibility of the Concern.

Maintenance of Seller Registration: Keralaspecial is committed to the upkeep of the interests of the Buyers and Sellers. Registration as Seller imply that the Seller agrees to the Seller Policy and Terms and Conditions of the Concern. In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement or the rules and policies made there under, the Concern may suspend and/or terminate the Seller Registration or may put the remittances on hold with respect to such Seller. The Concern may remit the Transaction Price to seller after deducting the commission due to the Keralaspecial and the service charges if such service is availed by the Seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Concern and as provided in the User Agreement or the rules and polices made there under. Seller’s Registration is subject to the seller remaining an active User of the Website.

In the event of identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Concern may immediately suspend seller’s Seller Registration, notify law enforcement or any other authority including banks for appropriate action.

Facility Charges

The concern shall levy charges/fees (henceforth be known as ‘Facility Charges’) for providing facilities to sellers to sell their products on the website, if the Seller avails any of such services provided by Keralaspecial. These services shall include logistic service, packaging service, handling of products and such other services. Such Facility Charges shall be deducted from the Transaction Price.

The seller shall agree to bear any and all applicable taxes, charges, cesses, surcharges, etc. levied thereon. The Concern shall deduct such charges from the Transaction Price.

Product Listing: You, the Seller, will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical items you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfil all such orders. Every listed item must be listed in an appropriate category on the Website. In order to avoid uncertainty, each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size, etc.) shall be provided to the buyer.

The Seller shall not list and propose to sell any item on the Website that is set out in the list of Restricted Items appended (Appendix I) hereto subject to change as per the existing laws and rules from time to time.

You shall keep in stock all listed items for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available. You agree that you shall not list an item if you are not in a position to despatch and deliver it promptly.

The Concern shall remove a listing upon it being reported to be prohibited or restricted (Appendix I) or violative of applicable law or terms of the User Agreement. The Concern is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Concern. The Concern will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.

No Infringement of Intellectual Property: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Product listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Concern indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Concern including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Concern or that you have any right to represent the Website or the Concern.

Description in Product List: You shall be responsible for providing information/description relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. Such description must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the description of the item does not match the actual condition of the item, you agree to refund any amounts that you may have received by way of the Transaction Price. You agree not to use misleading titles for listing and shall not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any violation of intellectual property rights), or text unrelated to the item on offer for sale in your product list.

The images used in the product list must be of the actual item proposed to be sold on the listing and you shall not copy images from other product lists available on the Website. You cannot disclaim any liability including liability with respect to authenticity and merchantability of items that you offer to sell on Keralaspecial.in.

The Seller shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any product list made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.

You shall deliver any free or bonus item promised in a listing for promotional purposes together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made thereunder that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.

In case you opt to avail of the product listing services provided by Keralaspecial , you agree to comply with the Terms and Conditions and Policies of Keralaspecial incorporated herein by reference. In such case, Keralaspecial will assist you in writing an appropriate description of an item to be listed, taking photographs/images of the items to be uploaded on the Website, etc. In such case, you are liable to verify all such content of the listing, photograph/image, etc. provided by Keralaspecial and edit/modify/vary/ delete as may be necessary to accurately describe the item to be listed. It is clarified that the copyright in all photographs/images produced with the assistance of Keralaspecial shall exclusively belong to the Concern. You agree that under no circumstance will the Concern be liable for any misrepresentation in respect of the listed item.

Categories: If the Website provides for categories of items, then the Seller must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.

Method of Payment: There shall be three modes of payment for purchase of products from the Website – fund transfer through net banking, fund transfer by using credit/debit cards and by means of Cash on Delivery system on select products and locations.

Comply Consumer Protection Laws: You will not engage in any unfair trade practice including selling of merchandise with manufacturing defect or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

In case you notice that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this Act or this User Agreement or applicable laws, you shall take all steps to inform the Concern of the same forthwith.

Reviews: Buyers of items on the Website are entitled to write reviews and rate the items as well as the Seller on the Website. You shall deem customers’ reviews positively and in good spirit even if such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right to take legal or any other action against persons who have provided such reviews/ratings or against the Concern or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the Website for the purpose of selling your items.

Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the Transaction Price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost, which maybe charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/exchange rate shall be borne by the buyer.

Right to Cancel Listing: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Concern may at its sole discretion, cancel your listing, place limits on availability of services and facilities, and suspend your account.

Payment Confirmation: Upon successful receipt of the Transaction Price by the Concern from the Buyer within 2 days of booking the Transaction and completion of verification of payment, the Concern shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Cash on Delivery, the Concern shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Cash on Delivery.

Rules for Despatch: The seller (other than a seller availing the ‘courier’ services under Hornbillshoppe) is required to Despatch the items for every Transaction to the Buyer normally within 3 days from the date of Payment Confirmation.

In case of Transactions wherein the buyer has opted for Cash on Delivery payment method, the Logistics Partner would collect the item to be shipped from the Seller and the Seller shall immediately notify the Concern that the item has been despatched. The Concern shall then provide the Despatch Details on the Website.

Delivery:  As given in Shipping and Refund Policy.

In case of Cash on Delivery Transactions, the Logistics Partner will Deliver the items and collect the Transaction Price and other charges (if any) within the stipulated time. The Logistics Partner shall remit the collected amount to the Bank Account of the Concern.

Remittance to Sellers: Seller agrees that the Transaction Price paid by a Buyer is remitted to the Bank account of the Concern through SBI Payment Gateway Facility. The remittance of Transaction Price to Sellers (after deducting the discount and other charges, if any) will be made periodically as agreed upon mutually between the Concern and the Seller.

All remittances to Sellers in respect of Cash on Delivery Transactions shall be made through cheque/demand draft or online bank transfer to Seller’s Bank Account within the stipulated time as agreed upon mutually between the Concern and the Seller.

The Concern reserves the right to keep on hold the remittance to the Seller for purposes of safety of the SBI Payment Gateway Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Concern may contact the Seller for verification of or additional information, details, data and documents. In case such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete, the Concern reserves the right to refund the Transaction Price that has been kept on hold to the Buyer.

Commission Chargeable

For sale of products on our Website, we charge a commission that is agreed upon mutually. For calculating the commission, the transaction price of the product will be considered. Any direct or indirect discounts offered by the Concern will not be considered while calculating the commission.

Warranties and Undertakings

Seller warrants and undertakes that:

On all sales of items listed on the Website the Seller shall be solely responsible for the quality, description, trademark, Delivery (if shipment is done by the Seller), warranty, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction.

Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer by way of obtaining a receipt/way bill. PODs should be furnished to the Concern on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.

Seller shall unconditionally indemnify and hold harmless the Concern, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the SBI Payment Gateway Facility.

Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the Terms and Conditions.

The Concern will retain personal information in accordance with the Privacy policies posted on the Website and applicable laws.

List of Restricted Items

The following includes a broad list of items restricted by law from sale on the Website:

Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites

Alcohol, which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne and other products such as liquor chocolates.

Child pornography, which includes pornographic materials involving minors

Bulk marketing tools, which include email lists, software or other producers enabling unsolicited email messages (spam)

Cable descramblers and black boxes, which include devices intended to obtain cable and satellite signals for free

Copyright unlocking devices, which include Mod chips or other devices designed to circumvent copyright protection

Copyrighted media, which includes unauthorized copies of books, music, movies and other licensed or protected materials

Copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software

Counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods

Drugs and drug paraphernalia, which include illegal drugs and drug accessories, including herbal drugs like salvia, magic mushrooms, marijuana, etc.

Drug test circumvention aids, which include drug cleansing shakes, urine test additives, and related items

Endangered species which include plants, animals or other organisms (including product derivates) in danger of extinction

Gaming/Gambling, which include lottery tickets, sports bets, memberships/enrollment/online gambling sites, and related content

Government IDs or documents, which include fake IDs, passports, diplomas and noble titles

Hacking and cracking material, which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers websites, or other protected property

Illegal goods, which include materials, products, or information promoting illegal goods or enabling illegal acts

Miracle cures, which include unsubstantiated cures, remedies or other items marketed as quick health fixes

Offensive goods, which include literature, products or other material that:

Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors

Encourage or incite violent acts

Promote intolerance or hatred

Offensive goods, which include crime scene photos or items, such as personal belongings, associated with criminals

Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.

Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances

Regulated goods, which include air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items, slot machines; surveillance equipment; goods regulated by government or other agency specifications

Securities, which include stocks, bonds, or related financial products

Traffic devices, which include radar detectors/jammers, license plate covers, traffic signal changers, and related products

Weapons, which include firearms, ammunition, knives, brass knuckles, gun parts and other armaments

Wholesale currency, which include discounted currencies or currency exchanges

Live animals or hides/skin/teeth, nails and other parts, etc. of animals

Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.

Business or websites that operate within the scope of law, which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc.)

Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes& games of chance)

Bulk marketing tools, which include emails, lists, software or other products enabling unsolicited email messages (spam)