By availing the Logistics Services and/ or Payment Services (defined below) of Artclues India Private Limited (hereinafter referred to as ‘we’/ ‘us’), Buyer or Seller or any other party acting on their behalf (hereinafter collectively referred to as‘you’) with an interest in the Order(s) (defined below) agree to be bound by the terms and conditions set out herein below (“Terms”).
In these Terms:
(a) “Buyer(s)” shall mean the person or individual who has purchased the Products offered for sale by the Sellers on the Platform and is availing Logistics Services and Payment Services from us.
(b) “Chargeback” is a settled transaction that is reversed to the Buyer(s) by the Payment Instruments, upon receiving a chargeback request from the Buyer(s), upon failure of the Seller(s) to provide an explanation along with documentary evidence that the chargeback request should be rejected.
(c) ‘Consignee’ shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.
(d) ‘Dangerous Goods’ includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.
(e) ‘Delivery Note’ shall means the Waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the Logistics Services, including name, delivery address and contact number (if applicable) of the Consignee or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).
(f) ‘Logistics Services’ means the shipping, delivery, including cash on delivery (“COD”) services and other services provided by us to you pursuant to these Terms.
(g) “Order(s)” shall mean an order placed by the Buyer(s) for purchase of Products prescribed by the Seller(s) of such Products. Each Order shall be specifically designated by a unique order number.
(h) “Order Detail(s)” shall mean the details relating to the Order including without limitation, the description of Products, cost of the Products, total amount payable, delivery date etc.
(i) “Payment Services” shall mean the collection of payments by us, for the Order(s), from the Buyer(s): (i) using Payment Instruments (defined below), various banks or financial institutions, that enables the Buyer(s) to pay online; and/ or (ii) for cash on delivery Order(s), by collecting cash and remitting the same to the Seller(s) of Products.
(j) ‘Platform’ means the any website and/ or mobile application whereby Seller(s) display/ list and sell their Products.
(k) “Product(s)” shall mean multiple categories of goods including but not limited to mobiles, cameras, computers, apparels, footwear, healthcare and personal products, consumer home appliances and consumer electronics etc.
(m) ‘Shipment(s) / Consignment(s)’ means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.
(n) ‘Waybill’ shall include any label that may be produced by us under automated systems, air waybill, or consignment note which shall incorporate these Terms.
- If you are availing the Logistics Services from us, you agree to be bound by the following terms and conditions:
- Conditions to Provision of Logistics Services:
(a) We, in our sole discretion, reserve the right to refuse the delivery of any Shipment and/ or forfeit delivery of any Shipment without any liability thereof.
(b) We are entitled to select third party service providers (including but not limited to carriers, storage keepers, warehousing agents, stuffing agents, packers, surveyors, transporters) as independent agents for performance of the Logistics Services under these Terms and Conditions.
(c) Consignments which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.
(d) Consignments addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.
(e) We may, in our sole discretion, reject any Shipment for the provision of Logistics Services and shall return such rejected Shipment in accordance with the relevant return policy that may be notified by us, from time to time.
(f) We reserve our right to weigh the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.
(g) We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.
(h) We may, in our sole discretion, conduct random audit of the Seller’s premises to ensure compliance with the terms set out herein. We may further conduct random verification/ checks of the Shipments that in transit to check your compliance with the terms mentioned herein.
(i) Seller hereby expressly authorises us and/ or our third party service providers to undertake insurances for safe keeping of goods in the warehouses and during transit of products, as the case may be, and claim insurance from the relevant insurance company in the event of loss or damage of Products while in its custody (including transit). The Seller has no objection to the payment of claims to us and/or our third party service providers in the event of a loss.
- Representation, warranties, and obligations:
(a) Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws. We accept Consignments in good faith that the Consignments do not contain anything which will infringe or be in violation of any applicable laws.
(b) If more than one Consignment is booked to the same receiver, Seller must ensure that the full address of the Consignee or designated recipient is written on all the Consignments.
(c) Seller shall not enclose cash, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion and at your risk and expense. In this regard you shall, at all times, fully indemnify us and hold us harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such goods.
(d) Seller shall be solely responsible to declare the accurate value of the Consignment in the consignment note at the time of booking your Consignment for delivery.
(e) Seller represents and warrants that the description and particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, and value) are complete and accurate with all laws, regulations, and requirements that may be applicable.
(f) Seller represents and warrants that:
- all information provided by you or person acting on your behalf relating to the Shipment(s) are complete and accurate;
- the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;
iii. the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting; and/or
- the Shipment(s) are in compliance with all laws, regulations, and requirements as may be applicable.
(g) Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to goods & services tax Act, 2007 (GST)) required to ship the Shipments. GST on the products contained in Shipments and all applicable statutory tax compliances shall be your sole responsibility and we shall not be responsible for any losses, damages resulting from any such non-compliances.
(h) Seller shall be solely responsible to ensure that the Consignment is handed over to us within the time slots allotted to Seller by us. If Seller does not handover the Shipment within the time slot allotted, then Seller shall be charged extra for second attempt being made by us to take the Shipment.
(i) Seller shall be solely responsible for procuring appropriate insurance policies for the Consignments to cover all or any risks and liabilities that Seller may foresee. If Seller requires greater protection, then insurance cover may be arranged by us for the Shipment, in our sole discretion, upon your prior written instructions.
(j) Seller shall be solely responsible to raise invoices directly on the Buyers. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause.
- Delivery Services:
(a) Upon receiving a service order for the Logistics Services, we shall use our best endeavours to deliver the Shipment(s) to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Consignee. We will endeavor to verify the identification of the person receiving the Package at the designated delivery address and obtain the signature of such person’s signature on the Delivery Note.
(b) For onward delivery of Shipments, Seller hereby authorizes us to print Delivery Note containing information with respect to Shipment on its behalf.
(c) Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to Seller, inspect the contents of Shipment to ensure Seller’s compliance to these Terms.
(d) Proof of delivery of the Shipment can be made available upon Seller’s request provided such a request is made within 30 days from the date of dispatch of the Consignment. We will not accede to any requests after the expiry of the aforesaid time limit.
(e) Every effort will be made to adhere to the delivery schedule, that may be prescribed by Seller, however, the Shipment may be delayed due to circumstances beyond our reasonable control.
(f) If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavors, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, treat the performance of the obligations as terminated and place the Shipment or any part of them at your disposal at any place which the we may deem safe and convenient, whereupon our responsibility in respect of the Shipment shall cease. Seller shall be responsible for any additional costs of carriage to, and delivery and storage at, such place and all other expenses incurred by us in this regard.
(g) Notwithstanding anything contained herein, our total aggregate liability for any claims or losses that may arise in connection to this shall be limited to the amount recovered by us from the insurance company in respect of Products in dispute or fee received from the you in the preceding six (6) months from the date such claim arose, as the case maybe
- Failed Delivery or Undelivered Shipment:
(a) You acknowledge that a delivery failure (“ Failed Delivery” or “Undelivered Shipment”) may occur for various reasons, including but not limited to:
(i) the Consignee’s name is incorrectly stated in the Delivery Note;
(ii) the delivery address is incorrectly stated in the Delivery Note;
(iii) there is no recipient available at the designated delivery address to receive the Shipment; or
(iv) the recipient refuses to receive the Shipment.
(b) In the event of a Failed Delivery due to the reasons stated in clause (a) above, we shall retain the Shipment and make a reasonable number of re-delivery attempts (as determined by us in our sole discretion) to deliver the Shipment in accordance with the RTO Policy as displayed on the Platform.
(c) In the event of Failed Delivery even after making such number of re-delivery attempts to deliver the Shipment, we will notify Seller and use reasonable efforts to return the Shipment to Seller in accordance with the RTO Policy.
(d) Our RTO Policy can be accessed here.
- Returns and Replacement Policy:
(a) The returns or replacement, as the case may be, shall be governed by the Returns and Replacement Policy for the Buyers and Sellers, as the case maybe, as displayed on the Platform and as may be amended, from time to time. For more information, please refer here.
(b) You agree to be bound to any changes or modifications made to the aforementioned policies as may be updated on the Platform, from time to time.
(c) Notwithstanding anything contained under these Terms, any costs that may be incurred by us in connection of the delivery of the returned Shipment to the Seller, including without limitation the processing fees, shipping fees, and any applicable duties and taxes, may be recovered from the Seller or Buyer, as the case may be in our sole and absolute discretion.
- COD Services for Buyers:
(a) Seller hereby authorizes us to perform COD services and collect the cash on your behalf from the Buyer and the collected COD shall be settled and remitted to Seller’s account in accordance with the settlement process as set out in the terms for Payment Services as set out hereinbelow and Seller hereby agrees to be bound by the provisions of the terms for Payment Services in this regard.
(b) Seller acknowledges and agrees that in performing the COD Services, we are acting merely as a payment collection agent and shall take no responsibility as to the legality of any payment transaction between the Seller and the Consignee.
- Express Remittance Facility for Sellers:
In the event Seller(s) request for payment for the Order(s) at the time of handing over Shipment to us for onward delivery of Consignment to the Consignee, we may in our sole and absolute discretion, pay to the Seller(s) such percentage of the amount of Shipment being handed over to us. Further, in the event the Buyer refuses to accept the Products we will return the Shipment to the Seller and the Seller shall be liable to return to us the money received by Seller from us in the form of express remittance. If the Buyer has accepted the Shipment, the money paid by the Buyer shall be adjusted corresponding to the amount of express remittance paid to the Seller.
You agree to indemnify, defend and hold harmless us, our affiliates and their related officers, directors, employees, agents and sub-contractors from and against all liability, loss, claims (including claims from third parties, sub-contractors or agents), damages, awards, penalties (including penalties imposed by government or regulatory authorities) or expenses (including attorney’s fees) arising out of or related to:
(i) any breach of your obligations, representations or warranties under these Terms;
(ii) any compliance of applicable law;
(iii) any claim or action by a third party in connection with any defect in title of any products;
(iv) information (whether to us or our affiliates, or their sub-contractors, agents or service providers, or government or regulatory authorities) in relation to the Shipment or otherwise pursuant to these Terms or in contemplation of the Logistics Services, that is incorrect, misleading, or erroneous;
(v) your omission to provide information or documentation required by us or any government or regulatory authorities;
(vi) any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the products;
(vii) any alleged or actual personal injury, death or property damage suffered by any party arising from the supply or sale of the Shipment to that party;
(viii) any claim by a third party or Consignee made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of products.
- Limitation of Liability:
In no event will we be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, howsoever caused or on any theory of liability. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to any Shipment; and/or (j) any dispute or claims between the Seller and the Consignee/ Buyer including without limitation relating to the Shipment or Products hereunder.
Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with the Logistics Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of INR 5000/-.
(a) We shall charge the Buyer for providing Logistics Services and unless otherwise stated, all such charges shall be exclusive of Goods and Service Tax. The charges payable for availing the Logistics Services will be displayed in the Rate Card section of the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event you continue to avail the Logistics Services from us, it shall be deemed that you have agreed to such change in charges.
(b) Octroi or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer shall be liable to pay the same.
(c) The charges shall be subject to applicable taxes, as per prevailing applicable laws. If TDS is required to be deducted on the payments made to us, then Seller or Buyer, as the case maybe, shall provide a proof of such TDS deduction, as per the timelines provided under the statutory laws.
We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments by way of public auction or private tender without further notice. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.
If you are availing the Payment Services from us, you agree to be bound by the following terms and conditions:
- Payment Services:
(a) In order to facilitate the purchase of Products by Buyer(s), we have entered into arrangements with various third-party payment providers such as pre-paid cash cards, wallets, banks, or financial institutions and such other entities (“Payment Instrument(s)”) as may be determined by us, in our sole discretion, which shall enable the Buyer(s) to pay for the Orders placed by the Buyer(s) on the Platform.
(b) Buyer(s) hereby agrees and acknowledges that we shall collect the payment, for the Orders placed by the Buyer(s), on behalf of the Seller. By availing the Payment Services, Buyer(s) authorizes us and our authorized representatives to collect the transaction amount payable for an Order from the Buyer(s), on behalf of the Seller, and process, facilitate and remit the payments to the Seller.
(c) Upon placement of Order on Platform, Buyer(s) shall be able to make payment for the Order placed by the Buyer(s) for completing the transaction through one of the Payment Instruments or methods of payment prescribed by us and made available, from time to time, on the Platform.
(d) At the time of placing the Order on Platform, we may in our sole discretion require Buyer(s) to pay an advance amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller (“Advance Amount”). Such Advance Amount payable by the Buyer(s) shall in no event exceed the transaction amount for an Order and shall be adjusted from payment received from the Buyer(s) against the Order delivered. In the event of any cancellation of the Order by the Buyer(s), we may in our sole discretion either:
- refund the Advance Amount to the Buyer(s);
- Forfeit the Advance Amount as cancellation fee; or
iii. Transfer the Advance Amount to the Seller(s).
You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.
(e) Buyer(s) hereby acknowledges that the Buyer(s) is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer(s). Buyer(s) hereby acknowledges that we do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer(s) or its payment instructions.
(f) We do not make any representations pertaining to the information, content, Products included on or delivery of the Products or otherwise made available to Buyer(s) and Buyer(s) acknowledges that we are only acting as an intermediary between the Buyer(s) and the Seller. Buyer(s) hereby further agrees, acknowledges and confirms that we are not responsible in any way for the Products purchased by the Buyer(s) from the Seller and it is explicitly agreed by Buyer(s) that we will not in any way, under any circumstances whatsoever, be responsible or held liable for Products purchased by Buyer(s) from the Seller and/or in relation to any issue and/or dispute thereof. Buyer(s) hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Buyer(s) and the Seller.
(g) We shall have the right to block your access to the Payment Services, if we in our sole discretion determine that the transaction being undertaken by you is not genuine or suspicious or fraudulent.
(h) Buyer(s) hereby consents and agrees to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider or Payment Instrument from time to time, in relation to these Payment Services.
(i) Buyer(s) hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Seller, deficiency of service and/or Products delivered, technical errors on the Platform. Buyer(s) further acknowledges that we shall not be responsible, in any manner whatsoever, for any loss incurred by the Buyer(s) for a failed / incomplete transaction undertaken by the Buyer(s) using these Payment Services.
- Submission of Personal Information:
(a) You agree that the personal information including without limitation name, address, contact number, credit card details (” Personal Information”) that you provide on the Platform upon registration shall be made available to us by Platform operator at the time of your availing the Payment Services. You represent and warrant that, at all times, this Personal Information will be true, accurate, current and complete.
(b) You agree to maintain and update the Personal Information in case of any change and shall ensure that the Personal Information provided by you is true, accurate and complete.