Domain name www.Khaaugully.com, referred to as Website hereafter, is owned by M/s Ripefeast Food Suppliers Private Limited, referred to as Khaaugully or Company hereafter, a company incorporated under the Companies Act, 1956, with its registered office at 103/16, Sonam Classic, PhaseXl New Golden Nest, Bhaynder(E) Thane-401106, MH, INDIA.
By accepting to or using the services of Khaaugully.com you agree that you have read, understood and are bound by the Terms. Khaaugully.com reserves the right to add, delete, alter or modify these terms and conditions at any time. Therefore the Users are advised to read these terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with these terms and conditions. These terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 and modified or amended from time to time.
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using Khaaugully.com .You agree to be bound by the Terms and Conditions. Not having read these terms and conditions is no reason to be no bound by these terms and conditions.
- “Company” shall mean RIPEFEAST FOOD SUPPLIERS PRIVATE LIMITED, a company registered under the Companies Act, 2013 having its registered office at 001/15, Sonam Classic, Phase XI, New Golden Nest, Bhayander E, Thane 401107.
- “You” and “User”: shall mean to refer the end user accessing the Website, its content and using the Services offered through the Website.
- “Service Providers”: means an independent third-party service provider.
- “We”, “Us” and “Our”: shall mean Khaaugully.com. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Khaaugully.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
For the purpose of this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.
- “Company” shall mean RIPEFEAST FOOD SUPPLIERS LIMITED, and its eCommerce brands.
- “Customer” shall mean any individual, group of individuals, firm, and Company placing an order for the Products on the Merchant through the KHAAUGULLY e-commerce platform.
- “Delivery Cost” shall mean the cost at which the Products are to be delivered to the Customer including handling charges if any.
- “Merchant” shall mean the entity incorporated or otherwise, which sells its products/ services through its various channels including mobile.
- “KHAAUGULLY eCommerce Platform” shall mean the platform for sale of the Merchant’s Products either through KHAAUGULLY eCommerce platform or through the various websites or any other gadget or instrument displaying the particulars of the Merchant’s Products available for sale through the Company, or any other means by which the Customer places an order for the Product of the Merchant through the Company.
- “Products” shall mean items or services of the Merchant put up for sale on the KHAAUGULLY eCommerce Platform.
- “Web Selling Price” shall mean the amount the end consumer pays while making a transaction on the KHAAUGULLY eCommerce platform
- “Vendor Payable Amount” shall mean the amount mutually agreed, between the Company and the Merchant, to be paid to the Merchant by the Company at the end of the billing cycle for all the products on the merchant displayed on the Company’s eCommerce platform and bought by end consumers.
- “Billing Cycle” shall mean the payment cycle period as negotiated with the company. Payment cycle being 15 days. Payment cycle shall include total number of the delivered order to the customers.
- “Transaction Fee” shall mean the amount paid to any payment gateway providing body.
- “Transaction Commission” shall mean the amount paid by the Merchant to KHAAUGULLY as commission for enabling eCommerce services for the Merchant products.
- The Company shall offer to the Merchant its services for facilitating the sale of the Merchant’s products.
- This shall include hosting and technology, Customer support, logistics support (if applicable), payment services and all the other related services to ensure customer satisfaction on behalf of the Merchant and the Merchant has accepted the offer of the Company.
- For this arrangement, the Merchant shall pay the Company, Transaction Commission and/ or Convenience charges ___% for the sale being affected through the KHAAUGULLY ecommerce Platform.
- Based on mutual discussions, it is agreed by and between the parties hereto that the Products of the Merchant shall be put up for sale on the KHAAUGULLY ecommerce Platform, subject to the conditions hereinafter contained.
- Any modifications to this agreement can be accommodated by adding an annexure.
C) Consideration and Payment Terms
1. This arrangement is valid until either of the parties terminates the agreements by providing a notice of 30 days.
2. In respect to the orders for Products placed via the KHAAUGULLY ecommerce Platform, Merchant shall submit proof of dispatch to the satisfaction of Company within 24 hours of dispatch.
3. Company shall pay the Merchant an amount minus the Transaction Commission, Transaction Fees, Delivery/ Handling charges, Taxes where-ever applicable and the service/ handling charges incurred on selling the displayed Product(s) on the KHAAUGULLY ecommerce Platform. These charges shall be included in the price displayed to the Customer.
4. Payment reimbursement to Merchant shall be done by Company. in the following manner :
a. The Company will clear the required amount payable vide cheque/internet banking in 15 working days to post receipt of the consolidated statement.
b. The Company shall deduct charges as agreed with the Merchant from the total amount collected for the orders by the Merchant.
D) Obligations of the Merchant
The Merchant shall:
1. Provide to Company an update on the stock of all Products that the Merchant intends to have in stock for sale through the KHAAUGULLY ecommerce Platform using seller panel provided by the company.
2. Inform the Company of all special offers as well as any discounts that Merchant proposes to give in respect of any of the Products. The company shall be informed of special offers not less than7 days before the commencement of the offer.
3. On receipt of the order from the Company, the Merchant, if using its own delivery network, shall dispatch / deliver the products within a period not exceeding 24 working hours in case of metro’s / satellite metro, and 2 working days in case of a non-metro/ non satellite metro or if later, so as to enable the product to reach the Customer on the specified date as mentioned by the Customer and /or the website.
4. Provide the Company with Proof of dispatch and delivery of the products, if the Merchant’s own delivery network is used, on a request basis, as and when required by the Company.
5. Have access to a self-owned Internet and email account.
6. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the Merchant at no extra cost to the aggrieved customer. Since the Company is a Facilitator, the Merchant hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Merchant as well as the Customer.
7. The Merchant shall not send any of its promotional or any other information to the Customers’ except the goods ordered by the Customer and also shall ensure that no material or literature is sent which may be detrimental to the business/ commercial interests of the Company. Failing to abide by the said norms shall result in the termination of this agreement on an immediate basis.
8. The Merchant shall at all times during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties' rights are not infringed.
9. The Merchant shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Standard Weights & Measures legislation, Excise and Import duties, all local levies, etc.
E) Obligations of the Company
a. The Company shall make available the eCommerce platform to facilitate the showcasing and the purchase of the products/services of the Merchant by the Customers as per the product prices/ product images and the product specifications as provided by the merchant and mutually agreed upon with the merchant.
b. The Company shall give real-time access to the Merchant for all necessary information needed to fulfill the payment approved orders of the Customers.
c. The Company shall work closely with the Merchant for working out special deals and offers regularly.
F) Warranties, Representations, and Undertakings of the Parties
The Merchant warrants and represents to the Company that
1. They have the right to enter into this Agreement with the Company.
2. All their obligations under this Agreement are legal, valid and binding obligations enforceable in accordance with its terms.
3. There are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;
4. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with the Company. They shall at all times ensure compliance with all the requirements applicable to their respective business and for the purposes of this arrangement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standard Weights & Measures legislation, Excise, and Import duties, etc.. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities.
5. That they have adequate rights under various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party
6. That they shall provide the Company with copies of any document, as may be required by the Company for the purposes of this arrangement within 48 hours of getting a written notice from the Company.
7. That the complete product responsibility and liability shall solely vest with the Merchant and the Merchant is responsible to the Customer for the sale of the Product to them including but not limited to its delivery to them. They shall not raise any claim on the Company in this regard.
8. That the Merchant shall invoice/bill directly to the Customer. The Merchant shall not in any way raise any bills/ invoices directly on the Company for the sale of its products through the KHAAUGULLY e-commerce platform.
The Merchant indemnifies and keeps indemnified the Company from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with the breach of any of the Merchant’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Merchant infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Standard Weights & Measures legislation, Excise and Import duties, etc .
This article shall survive the termination of this Agreement.
H) Company not Liable
The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Merchant, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Merchant hereby agrees, confirms and acknowledges that the Product is owned by the Merchant and that the Company is merely a facilitator for sale of the Merchant’s Product, hence the Company is not responsible/ liable for the Product, its design, its function, and condition manufacturing, and selling and financial obligations, whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.
I) Termination Clause
The Term of this Agreement shall commence on the date of execution of the contract and shall continue till such time either of the parties is willing to terminate his contract by providing the 30 days written notice to the opposite party for a period of One Year.
b) This Agreement may be terminated by the Company in the event:
- Merchant commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after written notice given by the Company.
This Agreement may be terminated by either party giving the other 30 days written notice under any other circumstance as not envisaged in Clause (I)b) ( (i) or (ii) of this Agreement.
c) Effect of Termination:
In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue the display of the Products with immediate effect.
Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to arbitration. The arbitration shall be conducted in Mumbai in accordance with the Arbitration and Conciliation Act of 1996 or any modification or reenactment for the time being in force. The language of the arbitration shall be English. The award of the arbitrator or arbitrators as the case may be shall be final and binding on the parties.
(K) Governing law
The obligations, performance, interpretation, and contents shall be governed by Indian law.