Terms and Conditions

Terms of Service

Seller Terms of Use:

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.Shopkar.in website.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean SHOPKAR.

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 SHOPKAR, and these terms and conditions including the policies constitute your binding obligations to SHOPKAR.

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 impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of Shopkar’s policies applicable to you, as amended, from time to time.

Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Shopkar reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Shopkar’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. 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.

 

 

 

Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions.  Shopkar is not and cannot be a party to any transaction or dispute between users on the Platform.

Consequently:

  1. 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. Shopkar does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
  2. Shopkar 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. Shopkar does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Shopkar accepts no liability for any errors or omissions of third parties in relation to the products and services.
  3. Shopkar is not responsible for any non-performance or breach of any contract between you and buyers. Shopkar cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Shopkar shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
  4. Shopkar 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 judgment in that regard.
  5. Shopkar 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.
  6. At no time shall Shopkar hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Shopkar 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.
  7. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Shopkar only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
  8. You release and indemnify Shopkar 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 in that behalf, Shopkar 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 practice 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 Shopkar 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. Shopkar shall bear no responsibility or liability in relation to or arising out of third party user generated content. Shopkar 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.  Shopkar 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:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(a) belongs to another person and over which you have no right;

(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, 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;

(c) is false, inaccurate  or misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(h) 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];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

(j) 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);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;

(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;

(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.

Throughout the ToU, Shopkar’s prior written consent means a communication coming from Shopkar’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(q) interferes with another’s use and enjoyment of the Platform;

(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

(s) harms minors in any way;

(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonates another person;

(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;

(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;

(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

  1. 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.
  2. 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.
  3. 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 Platform (including any account on the Platform that is not owned by you) 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 (including but not limited to personal identification or information other than your own information) provided by the Platform.
  4. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Shopkar.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Shopkar or sellers on the platform or otherwise tarnish or dilute any Shopkar trade mark, 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 that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Shopkar’s systems, networks, or any systems or networks connected to Shopkar.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
  6.  You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
  7. 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 Shopkar and/or others.
  8.  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules there under as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences 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. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
  9. You shall strictly comply with the Shopkar Group OFAC Policy (Trade Compliance Policy Statement) as may be amended from time to time. The extant Trade Compliance Policy Statement is available at the Seller Learning Centre.
  10. 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 (through multiple-tiers) 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 Shopkar. We will only use your information in accordance with this ToU and our Privacy Policy.
  11. 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 over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
  12. 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. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Shopkar shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Shopkar’s views. In no event shall Shopkar assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortuous, or otherwise unlawful information.
  13. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) 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.
  14. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. 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. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
  15. Shopkar shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

Selling

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics,  pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Shopkar reserves the right to delete such multiple listings of the same product listed by you in various categories.

For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms .

 

Compliance on selling of goods/services

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.  Shopkar 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 Shopkar to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.

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, Shopkar 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.

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

You agree and undertake that you shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from Shopkar 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 auditor’s 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, Shopkar unilaterally waives any obligation on you to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.

Content Posted on the Platform

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 Shopkar has no responsibility or liability over such third-party generated Content as Shopkar 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 Shopkar’s prior written consent.

You may use the information on the products and services made available on the Platform for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such Content;

(2)  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;

(3) make no modifications to any Content; and

(4) do not make any additional representations or warranties relating to the Content.

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

Limited License

Shopkar grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Products ordered through: Shopkar.in”, “Powered by Shopkar” and/or “Shopkar.in” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, Shopkar grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Shopkar.in” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.

Shopkar reserves the right to revise the criteria, and benefits to promote healthy competition amongst the sellers so that their performance lead to better customer experience on the Platform.

Payment

  1. 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 Shopkar 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.
  2. You have specifically authorized Shopkar 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 Shopkar is on a principal to principal basis and by accepting the ToU, you agree that Shopkar 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. Shopkar does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  3. You understand, accept, and agree that the payment facility provided by Shopkar 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 authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Shopkar neither acts as a trustee nor 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 Shopkar’s sole discretion.

  1. 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

  1. Shopkar will dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation.
  2. Shopkar will look that product(s) gets picked up from sellers and will be delivered to buyers using delivery channel.
  3. Shopkar will provide packing slip to sellers through portal/email/fax,etc. so that it can be affixed on the package.
  4. You, as a seller, if required to dispatch the products and/or services for the transactions to the buyer the it should be within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner.
  5. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Shopkar in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
  6. Seller shall dispatch the products and/or services if required 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 for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Shopkar on demand within the time frame as notified from time to time.
  7. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  8. 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.
  9. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
  10. a) Buyer confirms the delivery of products and/or services in the transaction;
  11. b) 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;
  12. c) Buyer’s refund claim is rejected by Shopkar 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.

 

Packaging Terms and Conditions:

  1. Packaging Instructions: Overall                                           

Classification of products

Packaging Materials Required

Packaging Guidelines for Non Dangerous goods

Packing of Fragile Items

Step1: Wrap the product with 7 layers of 10 mm bubble wrap and secure it with tape.

Step2: Form the box using Shopkar logo tape.

Step3: Place the wrapped product in suitable box or in an appropriate way as per the products shape.

Step4: Seal the carton or the package with Shopkar Fragile Red tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on othe carton/package or put inside.

Packing of Semi-Fragile Items

Step 1:  Wrap the product in 2 layers of Bubble Wrap.

Step 2: Place the product inside the carton and close the flaps by the application of  Shopkar logo Blue tape.

Step 3: Paste the shipping label on the carton/package.

Step 4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Non-Fragile Items

Step 1: Choose a Security bag or Carton basis the product to pack the product.

Step 2: Place the product inside the carton/security bag.

Step  3:  For  cartons  close  the  flap  by  the  application  of  tape  and  paste  the  shipping  label  and invoice.

Step 4. For Security bags, close the mouth by sealing the adhesive liner provided.

Step 5: Place the invoice in the jacket and seal it using a Shopkar blue logo tape.

Packing Guidelines for dangerous goods

Dangerous Goods: Dangerous goods are materials or items with hazardous properties which, if not properly controlled, present a potential hazard to human health and safety, infrastructure and/ or their means of transport. Miscellaneous Dangerous Goods like sharp & pointed tools, toxics, chemicals, ink cartridges and other liquid or semi liquid products.

Step1: Place the product inside a poly pouch.

Step2: Wrap 2 layers of 10 mm Bubble Wrap and secure it with Shopkar Logo Yellow tape.

Step3: Place it in the carton and close the flaps by the application of Shopkar Logo Yellow tape. Step4:

Paste the shipping label and invoice on the carton.

Packing of Metal Cans:

Step1: Wrap the metal can with 2 layers of 10 mm bubble wrap and secure it with tape.

Step2: Form the box using Shopkar logo tape.

Step3: Place the wrapped product in suitable box.

Step4: Seal the carton with Shopkar Blue logo tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on the carton.

Packing of Glass Containers:

Step1: Wrap the product in 7 layers of Bubble Wrap. In case of multiple products wrap each of the products in 7 layers of bubble wrap

Step2: Place the product inside the carton and close the flaps by application of Shopkar Fragile tape.

Step3: Paste the shipping label on the carton

Step4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Plastic Containers:

Step1:  Wrap the product in 2 layers of Bubble Wrap.

Step2: Place the product inside the carton and close the flaps by the application of Shopkar blue tape.

Step3: Paste the shipping label on the carton

Step4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Laminates/Pouches

Step1: For Liquid Products, firstly Place the pouch in a poly pouch (Zipper Bag) and seal it and wrap 2 layers of 10 mm bubble wrap.

Step2: For Solid Products, wrap 2 layers of bubble wrap. For Multiple products wrap each of the products in bubble wrap.

Step3: Place the wrapped product in suitable box.

Step4: Seal the carton with Shopkar Logo tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on the carton or put inside the package along with the item(s).

Packing of Paper Board box/Cartons

Step1: Place the Paper Board Box/Carton in a suitable box without bubble wrap.

Step2: Seal the carton with Shopkar Logo tape.

Step3: Paste the Shipping label on the box.

Step4: Put the invoice in the poly pouch and paste it on the carton.

Key Points to be noted

  • In case of multiple products bubble wrap each of the individual items. In case of Glass bottles and other fragile items, 7 layers of bubble wrap is mandatory.
  • The packing carton used should be of similar in size of the product.
  • There should be no free space inside the carton or package thus allowing no rattling. In case of free space extra layers of bubble wrap should be used.
  • There should be neat application of tapes on the cartons.
  • The shipping label and invoice should not be damaged in any case, the contents should be clear and readable and Barcode should be Scannable.

Control Points:

The packaging done should be as per the guidelines mentioned.

Resources:

  1. Cartons
  2. Shopkar logo Blue-tape
  3. Shopkar Fragile Tape
  4. Shopkar Yellow tape
  5. Security bag
  6. Poly pouch
  7. Bubble wrap
  8. Shipping label
  9. Invoice Copy

Prepaid Payment Instruments

Shopkar 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:

  1. Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform
  2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.
  3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
  4. 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.
  5. 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.
  6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
  7. Prepaid instruments cannot be redeemed for cash.
  8. Shopkar is not responsible if prepaid instruments are lost, stolen, or used without permission.
  9. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
  10. Purchases of prepaid instruments are not eligible for cashback offers.
  11. All sellers on the Platform will accept this prepaid instrument as a payment instrument.

Financial Facilities for customers

Shopkar has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize Shopkar to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.

Charges

Registration on the Platform is free. Shopkar does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Shopkar reserves the right to change its fee policy from time to time. In particular, Shopkar 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, Shopkar 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 Shopkar. You shall be solely responsible for compliance with all applicable laws for making payments to Shopkar.

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).

  1. A seller agrees that Shopkar 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. Shopkar, 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 Shopkar reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Shopkar’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Shopkar from time to time.
  2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf.  For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller can also generate invoice by filling invoice no. as per their books and can print and put inside the package. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Shopkar shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.

A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state “Product ordered through: Shopkar.in” and failing to do so, a seller shall be liable to chargebacks (as applicable).

  1. In case of any chargebacks levied by the bank, Shopkar 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 co-operation 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, Shopkar shall be entitled and authorized 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 Shopkar has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Shopkar to the seller.
  2. Shopkar may delay notifying the payment confirmation, i.e. informing seller to dispatch if Shopkar deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Shopkar may hold transaction price and not inform seller to dispatch or remit transaction price 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.
  3. Sellers acknowledge that Shopkar 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 Shopkar.
  4. Shopkar shall make payments into the bank account provided by a seller during the seller registration process. Once Shopkar has made payments into such a bank account number, Shopkar shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

 

 

Compliance with Laws:

  1. Seller shall comply with all the applicable laws, including but not limited to Food Safety and Standard Authority of India (FSSAI) and  obtain all necessary licenses and permits applicable to them.
  2. In the event of sale of jewellery, seller shall provide 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 Shopkar shall not be liable whatsoever for any non-compliance in this regard.
  3. In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Shopkar hereby disclaims any responsibility for conducting Buyer KYC.

Product Description

Shopkar does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

Shopkar shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Shopkar approved third party testing agencies. Cost of such audit shall solely be borne by Shopkar unless audit reflects discrepancy in seller accounts / non-compliance with Shopkar’s seller policies, in which case cost of audit shall be borne by the seller.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:

  1. if you breach the ToU, privacy policy or other policies (if any);
  2. if we are unable to verify or authenticate any information you provide; or
  3. if it is believed that your actions may cause legal liability for you, other users, or us;

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless Shopkar its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark complaint

Shopkar respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Shopkar.

Copyright complaint

Shopkar respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Shopkar

Trademark, Copyright and Restriction

The Website is controlled and operated by Shopkar and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Shopkar’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL SHOPKAR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF SHOPKAR HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Shopkar makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Shopkar is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website

In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

Evershine cosmic, A-904,

Off link road, Opposite Infiniti Mall,

Oshiwara, Andheri west,

Mumbai- 400053, India

grievance@shopkar.in

Brand Name, Logo Usage & Restricted Word Policy

Sellers are not permitted to include any brand names or company logos in their listings other than the specific brand name authorised by the original manufacturer to be used for products being sold by sellers under a particular listing. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.

Further, sellers shall not be permitted to use the following words or phrases in their display names or listings

  • Shopkar (including all cognate & grammatical variations thereof);
  • Kar (including all cognate & grammatical variations thereof);

 

Warning:  Violation of this policy may result in listing cancellation or suspension of account.

Brand Restriction for Private Labels Policy

  • As per the Indian Trademark Act, only the proprietor of a registered trademark (not a pending application) has the remedy to take action for trademark infringement under the Act against anyone using his trademark without his consent for the same class of goods. If you have a registered trademark and your brand is non-distributed as per the declaration made by you, the other sellers would be restricted from selling the same goods under your trademark, upon submission of certain information and documentation from your end.
  •  However, we do understand that obtaining a Registered Trademark with Certificate of Registration from the Trademark Registry takes between 18 to 24 months to complete. We also understand that you have spent considerable time and effort to build your private label and are hence offering added support to you while your trademark application is pending registration. Based on information that we will seek from you and a preliminary investigation at our end, we may allow regulation of your private label in such cases. In such a case, the Trademark Application provided by you should be at least 6 months old from the ‘Date of Application’ in Trademark Certificate.
  •  However, if at any point in time another seller submits documentation that proves that he has applied for the identical brand in the relevant class prior to you, the brand may have to be restricted to such other seller, and you may be delisted.
  • However, if your brand is a distributed brand, any restriction applied to your brand will be removed and other sellers will be allowed to list the same.
  • In case two sellers with a pending trademark application for the identical brand in the relevant class, apply for a restriction, preference will be given to the seller who has applied for the trademark earlier in point of time. We do not endorse that the prior applicant is the rightful owner of the brand in question.
  • If you are aggrieved by such a restriction and feel that you are the rightful owner of a brand and you have been restricted from selling on our platform, you may take up the issue against the other seller with the relevant authorities like the Trademark Registry and/or the Courts. We will comply with any direction issued by such Authority, in this regard.
  • A class 35 trademark certificate or a pending application for restriction of any brand will not be accepted, since class 35 merely confers trading rights. If you are selling products under your private label, you need to register/apply for the trademark in the relevant manufacturing class. For instance, if you are selling watches under your brand “ABC”, you need to have a registered trademark or a pending application in class 14 and not class 35.
  • We reserve our rights to deviate from this policy in certain exceptional cases, where our investigation results require us to do so in the interest of equity and fairness.

Display Name Policy

A display name is a unique name that sellers use to identify themselves on the Website.

At the time of registration, sellers should choose a display name that they like and will remember. Display names shall not be profane, obscene or violate any Shopkar’s or third-party’s trademarks, copyrights and intellectual property rights.

Furthermore, display names shall not be or shall not represent an email address or web address (URL).

Further, Shopkar may, at its sole discretion, disallow certain words and phrases (including combinations and grammatical variations thereof) from being used as display names. Seller(s) shall not be permitted to use Shopkar, Kar, Shop, and any other trademarks or logos (including combinations and grammatical variations of such words) which are proprietary to Shopkar.

Violations of this policy may result in a range of actions, including but not limited to the following:

  • listing cancellation;
  • limits placed on account privileges;
  • loss of special status; or/and
  • account suspension.

Disputes Resolution Policy

Generally, transactions are smooth at Shopkar. However, there may be some cases where buyers and sellers face issues. At Shopkar, we have a dispute resolution process in order to resolve disputes between buyers and sellers.

  1. What is a dispute?

A dispute can be defined as a serious disagreement between a buyer and a seller in connection with a transaction on the website.

  1. Reasons for disputes

Disputes are filed as a result of disagreements between buyers and sellers. Disputes can be raised by either party against the other when complaints/issues are not resolved in their favor.

It is important that before buyers raise disputes, the buyer and seller should attempt to resolve the issues between themselves.

Whenever a buyer raises a dispute, the seller’s payment for that order is put on hold immediately until a resolution happens.

Following are some indicative examples of potential disputes:

  • Wrong item received;
  • Item not as described;
  • Damaged or seal-broken product;
  • Part/accessory missing;
  • Item not compatible;
  • Seller description/specification wrong;
  • Defective (functional issues); and
  • Product not working and manufacturer says invalid invoice.

Potential disputes for products sold under the Drop ship model may include (but not be limited to):

  • Delivery and/or installation complete as per seller but buyer claims otherwise;
  • Replacement requests raised by the buyer despite technician’s confirmation that the product need not be replaced;

In case a seller rejects the return request of a buyer and the buyer raises a dispute, Shopkar shall try and mediate between the seller and the buyer for resolution of the dispute. If the dispute is resolved in favor of the buyer, then the buyer shall be entitled to a refund/replacement provided the buyer returns the product to the seller. If the dispute is settled in favor of the seller, the buyer shall not be entitled to any refund/replacement.

  1. Reporting a Dispute

Whenever there is a disagreement, a seller can contact with shopkar in order to raise a dispute. A dispute can be raised at a particular transaction level.

 

  1. Disputes via Chargeback

A chargeback (CB) may be issued from the PG/bank in the following situations:

  • Item-not-received CB – This is applicable in case a buyer hasn’t received the item ordered. A refund will be created in accordance with the dispute policies;
  • Unauthorized CB — This is applicable in case a buyer hasn’t done a particular transaction. Refund will be created in accordance with the dispute policies. Sellers expressly agree that issuing correct and complete invoices is the sole and primary responsibility of sellers. Furthermore, sellers shall ensure that invoices state ‘Powered by Shopkar’ and failing to do so, sellers will be liable for chargebacks (as applicable);
  • An item not as described — This is applicable in case in case the received item is not as described on the Website. A dispute will be decided in accordance with the dispute policies.

Invoice Adherence Policy

Generating invoices is an essential part of order management. Failing to attach invoices with products ordered will hamper the process.

It is mandatory for a seller to print three copies of an invoice:

  • The first one for the records of the said seller;
  • The second one for the Logistics Partner; and
  • The third one for the buyer.

Following are the reasons why attaching invoices with the orders is essential: 

  • An invoice is necessary for warranty requirements/statutory requirements.
  • Filling in the mandatory details like IMEI number and other details is required for further reference.
  • A buyer can save the invoice for future reference or requirements.
  • To avoid seizing of shipment during transit.

A seller’s account shall be reactivated on submission of an action plan by the seller which should comprise of the following details: 

  • Proof that the invoices have been dispatched to the buyers.
  • An efficient process flow which will ensure that the invoices will be attached on the products dispatched by the seller.

IMEI Mismatch: Wherever applicable, sellers must mention the correct IMEI number in the invoice and ensure that there is no mismatch between the IMEI number mentioned on the invoice and the device IMEI number. In case of any such mismatch, the seller will be notified and will be required to promptly furnish (within three (03) calendar days of such notification) fresh and rectified invoice(s) mentioning the correct IMEI number. Shopkar reserves the right to take any corrective action as it may deem fit wherever such instances of IMEI mismatch are found, including but not limited to temporarily or permanently suspending the accounts of sellers.

Links Policy

The Website’s listing page can only be used to describe, promote and facilitate the sale of the listed Shopkar items. The page cannot refer to or promote a seller’s individual website, off-Shopkar sales, or other businesses.

Item Page can contain no URLs, links to, or promotional information about any off-Shopkar webpage, including the websites of a seller or any third party. Links from the Website’s item page that interfere in any way with the shopping experience on the Website or solicit any Shopkar user information, are not allowed. Links from the Website’s item page to pages that promote off-Shopkar sales in any way are forbidden.

Seller Page: This page may be used to describe a seller’s business and may not contain URLs or links to the seller’s individual website. It may not specifically promote off-Shopkar sales or sales of items prohibited on Shopkar nor may it contain links to commercial websites where products from multiple sellers are aggregated by a common search engine.

Giveaways, Raffles, and Prizes: Listings that promote giveaways, random drawings or prizes as an enticement for buyers are not permitted on the Website as these promotions are highly regulated and may be unlawful. These types of listings are not permitted and will be ended. Shopkar itself may run such promotions on the Website and grant authorization to its partners or third-party companies to run promotions that comply with applicable laws.

Listing techniques that circumvent Shopkar’s fee structure

Sellers may not use systems or techniques to circumvent Shopkar’s fees. Some examples include:

  • Offering in a listing, the opportunity to purchase the item or other merchandise outside the Website;
  • Listing with low prices but unreasonably high shipping or handling costs;
  • Listing an item that requires or offers an additional purchase;
  • Dutch Avoidance — listing a single item and offering additional identical items for sale in the item description. In these situations, a seller typically instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing;
  • Listing with an email address or domain name in the title;
  • Catalogue Sales — listing of catalogues from which buyers may directly order items is prohibited. In these situations, a seller will typically offer the catalogue for low-bid prices and complete sales outside the Website for items found in the catalogue; and/or
  • Offering items for sale in a manner that circumvents Shopkar’s fees;

Listings that circumvent Shopkar’s fees are not permitted and will be ended.

Disciplinary action may result in indefinite/temporary suspension of a seller’s account or a formal warning. Shopkar will consider the circumstances of an alleged offence and the seller’s trading records before taking action.

Repeat Offences

If a seller repeatedly lists items in a manner that violates the policies described above, the seller is subject to suspension from the Website.

Listing Policy

To help sellers list items on the Website correctly, we have highlighted some listing policies and described how Shopkar handles listing violations when they are reported.

Proper Category Listing:

Items must be listed in the appropriate category. Items that do not belong to the category in which they are listed will be moved to the appropriate category. If Shopkar doesn’t sell in the category yet, the listing will be deactivated by Shopkar until the category is available.

Duplicate Listings:

A duplicate listing occurs when a seller lists identical items in multiple listings. All duplicated listings will be deactivated by Shopkar and the seller will be advised to sell under the original product.

If, in the opinion of Shopkar, the seller is misusing the listing system by creating duplicate listings repeatedly despite warnings by Shopkar, Shopkar at its discretion has the right to blacklist the seller from selling on Shopkar.

Listing Policy for Precious Jewellery valued above INR 49,999/-:

Seller shall not list or sell any precious jewellery valued above INR 49,999/-.
Maximum Permissible Logistic Charges:

The shipping fee that you charge to the customers can be multiples of Rs.1 and should not exceed the shipping fee calculated as below.

Shipping fee will be charged based on the volumetric weight (= L x B x H / 5000 ) or product dead weight; whichever is higher.

Breach of Seller ToU/ Seller Policies:

Shopkar, at its sole discretion and without any liability to the seller, reserves the right, including but not limited, to deactivate listings in case there has been an alleged breach of the terms of use, privacy policy or any other website policy by the seller or to facilitate better user experience on the Website.

Maharashtra – Self ship policy: Code of conduct

Organised delivery and installation and Returns

  1. Upon purchase of goods online by the buyer Seller shall arrange  for delivery, installation on behalf of the customer, re-packaging, uninstallation and reverse logistics of products under this self ship model either directly by the seller or through a third party appointed by the seller and the seller shall be at liberty to charge a fee for the same.
  2. Parties hereby agree that Shopkar shall not be responsible for any loss, damage, costs or liabilities that may arise as a consequence of the delivery, installation, packaging, re-packaging, uninstallation, reverse logistics or any post-sale service provided by the seller to the buyer. Seller agrees to indemnify Shopkar against any damage suffered by Shopkar as a consequence of any breach or claims on Shopkar with respect to such services provided by the seller.
  3. Seller agrees to observe the instructions and guidelines determined by Shopkar with respect to shipment and regularly update the status of shipment against every order on the seller dashboard. The status may be updated as ‘dispatched’, ‘delivered’, ‘installed’ etc. (as appropriate).
  4. Shopkar reserves the right, at its sole discretion, to change, modify, add, or remove portions of this policy at any time and without any prior written notice to the Seller. It is the responsibility of the Seller to review this policy periodically for updates/changes.

Delivery

  1. Seller shall arrange for delivery of the product till the location specified by the buyer on behalf of the buyer.
  2. Seller shall arrange for delivery of the products on behalf of the buyer within the committed timelines.
  3. A request for early or late delivery by the buyer will be entertained at the sole discretion of the seller on a case to case basis. However, sellers are required to hold the product for a minimum of 5 days from the committed delivery SLA to account for any schedule changes. Shopkar will be in no way responsible for the costs incurred due to change in the delivery SLA.
  4. If the seller cancels the order at any stage, a penalty of 5% of the value of product will be charged;
  5. Seller shall update the tracking ID for each shipment on the seller panel for delivery either directly or through a third party logistics service provider.

Installation

  1. Seller shall arrange for installation of the product at buyer’s location on behalf of the buyer
  2. Seller shall be penalized for breach in the following cases:
  3. Upon agreement with the buyer for arranging the installation and in case of installation breach by the seller: Installation breach occurs when seller does not complete the installation within SLA unless with consent of buyer.

If Installation breach rate > 1.5%, seller will be made pending for a week or will be blacklisted

Installation breach rate will be calculated for a period of 2 weeks as follows:

Installation breach rate = Total number of ordered units that breached installation SLA by date/Total number of units ordered

Installation SLA for furniture category is 72 hours.

In case of failure of the seller to install the products under 2 above ,warranty on the product will be valid even in cases where the installation is carried out by the buyer or any third party appointed by the buyer.

  1.    On request of the buyer, seller shall extend the installation date up to a maximum of 7 days from the date of delivery of the product to the buyer. A request for installation after 7 days from the date of delivery shall be entertained at the sole discretion of the seller on a case to case basis.

Reverse Logistics

  1. Seller shall be solely responsible for arranging the technician visit, uninstallation (if required), repackaging, pick up & reverse logistics of the product from buyer’s location in case of returns or replacement.
  2. Once a return or replacement request is raised by the buyer, seller shall arrange for a technician visit (wherever applicable) to buyer’s location within 3 days from the date of intimation.
  3. If the seller is unable to arrange for a technician visit (wherever applicable) within the agreed timeline, return request will be approved and processed by Shopkar.
  4. Customer will be refunded the entire amount of the product in case of failure of the seller to arrange for reverse pick up within 10 days from the day customer raises a return request.

Code of Conduct

Seller shall comply and ensure that its logistic partner complies (seller and its logistics partner hereinafter collectively referred to as the “Parties”) with the following Code of Conduct at all times. Shopkar reserves the right to blacklist the seller or to make seller pending if found violating any of the below.

  1. Compliance with Applicable Laws and Anti-Bribery

Parties must comply with all applicable laws and regulations (“applicable laws and regulations”).Shopkar has no tolerance for bribery or corruption in any aspect of its business.Shopkar’s policy prohibits engaging in any form of corruption, bribery, kickback, extortion, embezzlement or money laundering.Shopkar is committed not only to complying with all applicable laws and regulations regarding such activities but also to acting with integrity and the highest ethical standards. Parties shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. Parties shall comply strictly with all applicable laws and regulations and with Shopkar’s policy set forth herein.

 

 

  1. No Discrimination or Harassment

Parties shall not discriminate in hiring or employment practices on the basis of race, national origin, gender, age, sexual orientation, citizenship, marital status, disability, veteran status or religion. Parties shall provide a workplace free from unlawful harassment. Parties shall comply with all applicable laws and regulations regarding employment, including but not limited to such laws and regulations related to minimum wage, maximum work hours, overtime and benefits. Contractors shall only employ individuals who are above the minimum working age as set forth in applicable laws and regulations.

  1. Safe Work Environment

Parties shall maintain a safe and sanitary workplace that includes appropriate protective equipment, and is in compliance with applicable environmental, health and safety laws, rules and regulations. Shopkar recognizes the importance of our environment and natural resources, and advises the Parties to embrace the responsibility to society for prudently using natural resources and preventing harm to the environment. Parties shall comply with applicable environmental laws and regulations, including but not limited to obtaining required environmental permits, providing required environmental reports, properly controlling air, land and water emissions and properly disposing of chemicals and waste products.

  1. Intellectual Property

Parties shall respect the intellectual property rights of others and shall comply with applicable laws and regulations related to patents, copyrights, trademarks and trade secrets.

  1. Confidential and Proprietary Information

Parties shall safeguard Shopkar’s confidential and proprietary information. This obligation includes using commercially reasonable means to safeguard information technology systems on which Shopkar’s information is stored or transmitted. In addition, Parties shall refuse any improper access to confidential or proprietary information of any other company, including our competitors and customers.

  1. Additional Obligations
  • Parties shall provide details of its ownership, registered address, services offered, fare structure, insurance liabilities and contact details of duly appointed grievance redressal officer.
  • Parties shall ensure that its personnel provide service with reasonable skill and care to ensure delightful customer experience.
  • The personnel appointed by the Parties to deliver the shipment (“Personnel”) should carry his identity card containing his/her photo and police helpline number prominently displayed.
  • The Personnel should have undergone background verification check (mandatorily PCC and criminal record check)and should be physically and mentally fit to discharge the service. They should not be under the influence of drugs or alcohol while delivering the shipment.
  • Training to the Personnel:
  1. Parties shall mandatorily impart on-boarding training to the Personnel which would include but not limited to providing delightful customer experience, special training for dealing with women and children;
  2. Refresher program mandatory once every calendar year which would include gender sensitization and delivery etiquette.
  • The Personnel under no circumstances shall:
  1. Contact customer beyond the provision of delivery services;
  2. Misbehave with customer while delivering shipment;
  3. Misuse or share any information provided by the shipper;
  4. Harass/stalk/bully customers through email, messages, call or any online or offline medium;
  5. Be involved in loss or theft of goods and cash;
  6. Provide wrong update on shipment and pick up status;
  7. Be rude with the customers; and/or
  8. Violate the delivery terms.
  9. Take any kind of unwarranted allowances such as tips from the buyers.
  • Shopkar reserves the right to audit for ensuring that the expected service standards are met. This audit will include but not be limited to:
  1. Drug testing of Personnel
  2. Training imparted to the Personnel
  3. Background Verification of the Personnel
  • Personnel with responsibility of driving vehicle:
  1. The Personnel should carry driving license, registration certificate, company id card containing the name and photograph of the Personnel.
  2. The Personnel should have undergone background verification check (mandatorily PCC and criminal record check) and he should be physically and mentally fit to discharge the service. Personnel should not be under the influence of drugs or alcohol while on service.
  3. The Personnel should be mandatorily provided training about the expected set of behaviour.
  4. The Personnel responsible for driving the vehicle shall under no circumstances do the following:
    1. Gain access to customer’s information;
    2. Cause loss or theft of goods and/or cash; and
    3. Interact with the customers beyond what is necessary under his/her scope of work
  5. Shopkar reserves the right to do auditing to ensure that the expected service standards are met. This audit will include but not be limited to:
    1. Drug testing of Personnel
    2. Training imparted to Personnel
    3. Background Verification of Personnel

Maharashtra – Self Shipment Terms of use

Fulfillment by Seller:

  1. Upon purchase of goods online by the buyer, the seller shall arrange for delivery, installation on behalf of the customer, re-packaging, uninstallation and reverse logistics of products under Large Appliances category and shall be at liberty to charge a fee for the same.
  • The afore-mentioned activities may be carried out either directly by the seller or through a third party appointed by the seller.
  • Parties hereby agree that Shopkar shall not be responsible for any loss, damage, costs or liabilities that may arise as a consequence of the delivery, installation, packaging, re-packaging, uninstallation, reverse logistics or any post-sale service provided by the seller to the buyer. Seller agrees to indemnify Shopkar against any damage suffered by Shopkar as a consequence of any breach or claims on Shopkar with respect to such services provided by the seller.
  • Seller agrees to observe the instructions and guidelines determined by Shopkar with respect to shipment and regularly update the status of shipment against every order on the seller dashboard. The status may be updated as ‘dispatched’, ‘delivered’, ‘installed’ etc. (as appropriate).
  • Shopkar reserves the right, at its sole discretion, to change, modify, add, or remove portions of this policy at any time and without any prior written notice to the Seller. It is the responsibility of the Seller to review this policy periodically for updates/changes.

Delivery

  1. Seller shall arrange for delivery of the product till the location specified by the buyer on behalf of the buyer.
  2. Seller shall arrange for the delivery of the products to the buyer on behalf of the buyer within the committed timelines.
  3. A request for early or late delivery by the buyer will be entertained at the sole discretion of the seller on a case to case basis. However, sellers are required to hold the product for a minimum of 5 days from the committed delivery SLA to account for any schedule changes. Shopkar will be in no way responsible for the costs incurred due to change in the delivery SLA.
  4. Seller shall be penalized for breach in the following cases:
    • In case of late delivery beyond the committed timelines  without the consent of buyer, a penalty of 2.5% of the value of product will be charged;
    • If the seller cancels the order at any stage, a penalty of 2.5% of the value of product will be charged;
  5. Seller shall update the tracking ID for each shipment on the seller panel for delivery either directly or through a third party logistics service provider.

Installation

  1. Seller shall arrange for installation of the product, either directly or through the manufacturer, at buyer’s location on behalf of the customer and shall be at the liberty to charge a fee for the same.
  2. Seller shall be penalized for breach in the following cases:
  • Once agreed with the buyer to arrange for delivery of goods and in such cases where the seller does not raise the service ticket to the manufacturer within 24 hours after ‘delivered’ in the seller Portal, a penalty of Rs. 100 will be charged for breach. (National and festival holidays exempted);
  • Once agreed with the buyer to arrange for delivery of goods and in such cases where there is failure on part of the seller to get the product installed, a penalty of Rs. 500 will be charged after breach (120 hrs after date of delivery).
  1.  On request of the buyer, seller shall extend the installation date up to a maximum of 7 days from the date of delivery of the product to the buyer. A request for installation after 7 days from the date of delivery shall be entertained at the sole discretion of the seller on a case to case basis.
  2.  In case of failure of the manufacturer to install the product, the seller shall ensure that the product is installed either directly or through a third party and the warranty shall continue to be effective.

Reverse Logistics

  1. Seller shall be solely responsible for arranging the technician visit, uninstallation (if required), repackaging, pick up & reverse logistics of the product from buyer’s location in case of returns or replacement
  2. Once a return or replacement request is raised by the buyer, Shopkar customer support will intimate the seller about such request.  Seller shall arrange for a technician visit to buyer’s location within 3 business days from the date of intimation.
  3. If the seller is unable to arrange for a technician visit within the agreed timeline, return request will be approved and processed by Shopkar.
  4. Customer will be refunded the entire amount of the product in case of failure of the seller to arrange for reverse pick up within 10 days from the day customer raises a return request.

Code of Conduct

Seller shall comply and ensure that its logistic partner complies (seller and its logistics partner hereinafter collectively referred to as the “Parties”) with the following Code of Conduct at all times.

  1. Compliance with Applicable Laws and Anti-Bribery

Parties must comply with all applicable laws and regulations (“applicable laws and regulations”). Shopkar has no tolerance for bribery or corruption in any aspect of its business. Shopkar’s policy prohibits engaging in any form of corruption, bribery, kickback, extortion, embezzlement or money laundering. Shopkar is committed not only to complying with all applicable laws and regulations regarding such activities but also to acting with integrity and the highest ethical standards. Parties shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. Parties shall comply strictly with all applicable laws and regulations and with Shopkar’s policy set forth herein.

  1.  No Discrimination or Harassment

Parties shall not discriminate in hiring or employment practices on the basis of race, national origin, gender, age, sexual orientation, citizenship, marital status, disability, veteran status or religion. Parties shall provide a workplace free from unlawful harassment. Parties shall comply with all applicable laws and regulations regarding employment, including but not limited to such laws and regulations related to minimum wage, maximum work hours, overtime and benefits. Contractors shall only employ individuals who are above the minimum working age as set forth in applicable laws and regulations.

 

  1.  Safe Work Environment

Parties shall maintain a safe and sanitary workplace that includes appropriate protective equipment, and is in compliance with applicable environmental, health and safety laws, rules and regulations. Shopkar recognizes the importance of our environment and natural resources, and advises the Parties to embrace the responsibility to society for prudently using natural resources and preventing harm to the environment. Parties shall comply with applicable environmental laws and regulations, including but not limited to obtaining required environmental permits, providing required environmental reports, properly controlling air, land and water emissions and properly disposing of chemicals and waste products.

  1.  Intellectual Property

Parties shall respect the intellectual property rights of others and shall comply with applicable laws and regulations related to patents, copyrights, trademarks and trade secrets.

 

 

  1.  Confidential and Proprietary Information

Parties shall safeguard Shopkar’s confidential and proprietary information. This obligation includes using commercially reasonable means to safeguard information technology systems on which Shopkar’s information is stored or transmitted. In addition, Parties shall refuse any improper access to confidential or proprietary information of any other company, including our competitors and customers.

Additional Obligations

  1. Parties shall provide details of its ownership, registered address, services offered, fare structure, insurance liabilities and contact details of duly appointed grievance redressal officer.
  2. Parties shall ensure that its personnel provide service with reasonable skill and care to ensure delightful customer experience.
  3. The personnel appointed by the Parties to deliver the shipment (“Personnel”) should carry his identity card containing his/her photo and police helpline number prominently displayed.
  4. The Personnel should have undergone background verification check (mandatorily PCC and criminal record check)and should be physically and mentally fit to discharge the service. They should not be under the influence of drugs or alcohol while delivering the shipment.
  5. Training to the Personnel:
  • Parties shall mandatorily impart on-boarding training to the Personnel which would include but not limited to providing delightful customer experience, special training for dealing with women and     children;
  • Refresher program mandatory once every calendar year which would include gender sensitization and delivery etiquette.
  1.  The Personnel under no circumstances shall:
  2.         a) Contact customer beyond the provision of delivery services;
  3.         b) Misbehave with customer while delivering shipment;
  4.         c) Misuse or share any information provided by the shipper;
  5.         d) Harass/stalk/bully customers through email, messages, call or any online or offline medium;
  6.         e) Be involved in loss or theft of goods and cash;
  7.         f) Provide wrong update on shipment and pick up status;
  8.         g) Be rude with the customers; and/or
  9.         h) Violate the delivery terms.
  10. Shopkar reserves the right to audit for ensuring that the expected service standards are met. This audit will include but not be limited to:
  11.         a) Drug testing of Personnel
  12.         b) Training imparted to the Personnel
  13.         c) Background Verification of the Personnel
  14. Personnel with responsibility of driving vehicle:
  15.         a) The Personnel should carry driving license, registration certificate, company id card containing the name and photograph of the Personnel.
  16.         b) The Personnel should have undergone background verification check (mandatorily PCC and criminal record check) and he should be physically and mentally fit to discharge the service. Personnel should not be under the influence of drugs or alcohol while on service.
  17.         c) The Personnel should be mandatorily provided training about the expected set of behaviour.
  18.         d) The Personnel responsible for driving the vehicle shall under no circumstances do the following:
  • Gain access to customer’s information;
  • Cause loss or theft of goods and/or cash; and
  • Interact with the customers beyond what is necessary under his/her scope of work
  1.         e) Shopkar reserves the right to do auditing to ensure that the expected service standards are met. This audit will include but not be limited to:
  • Drug testing of Personnel
  • Training imparted to Personnel
  • Background Verification of Personnel

Marketplace Fee Policy

The amount Shopkar collects from buyers for a transaction is equal to the amount mentioned in the invoice. From that, Shopkar deducts marketplace fee which includes the following:

  • Commission: A percentage of the order item value.
  • Shipping charges (which does not apply for products sold under Self ship model )
  • A fixed fee per item
  • Collection Fee: Payment collection charges

Note: There can be other charges involved if the order was fulfilled by Shopkar

Non Payment

Shopkar reserves the right to:

  • Issue a warning to you, or
  • Suspend / terminate temporarily / indefinitely your account on its Website, and / or
  • Refuse to provide you with access to the Website in case of non-payment of fees / processing of refunds by you to Shopkar
  • Shopkar also reserves the right to take legal action in case of non-payment of fees / dues by you to Shopkar

 

Payment Surcharges

Sellers may not charge buyers an additional fee for use of common forms of payment, including electronic transfers or credit cards. Such costs should be built into the price of the item.  This policy reduces the potential for confusion among buyers about the true cost of an item. Further, some forms of payment surcharges, such as credit card surcharges, are prohibited by law or under the issuing institution’s rules and regulations for merchants. However, sellers may be permitted to charge buyers a reasonable shipping fee, installation (if applicable) and handling fees provided the payment of these fees by buyers is disclosed upfront in the listings. Shipping, installation (if applicable) and handling fees cannot be listed as a percentage of the final sale price.

Both parties agree that any / all remittance / settlement related payouts shall be deemed to have been accepted by seller if seller does not raise an objection per the dispute policy.

Mature Audience Policy

Under Indian law it may be a criminal offense for you to buy or sell certain types of films, publications, MMS and computer games which are adult in nature or otherwise not appropriate for minors (individuals under 18 years of age) or prohibited under law and the same should not be listed on Shopkar.

Violations of this policy may result in a range of actions, including but not limited to the following:

  • listing cancellation;
  • limits placed on account privileges;
  • loss of special status; and/or
  • account suspension

If a product being returned is not in accordance with the below parameters, the buyer shall not be entitled to any refund of money from the seller:

Category Condition
Electronics Should be New with original accessories, warranty card (if applicable), manual included
Clothing and Footwear Should be “New & Unworn” (other than for trial)
Beauty, Health & Personal Care Should be “New & Unopened”
Sports & Equipment’s Should be “New” and returned with original packaging
Office Products Should be “New” and returned with original packaging
Jewellery Should be “New” and returned with original packaging and certifications, if any.
Furniture Should  be “unused” and returned with original accessories included along with original packaging

The shipping cost for returning the product shall be borne and incurred by the seller.

Misleading Title Policy

Your title should accurately describe only the actual item or items you offer/list for sale. The title shall be considered as misleading and hence prohibited from being listed/offered on the Website if:

  • your listing/title contains a word or phrase that does not seem to belong to the item listed/offered for sale; and
  • a buyer cannot identify the item that has been listed/offered for sale.

Violations of this policy may result in a range of actions, including but not limited to the following:

  • Listing Cancellation;
  • Limits placed on account privileges;
  • Loss of special status; and/or
  • Account Suspension

MRP Breach Policy

The MRP Breach Policy states that a seller cannot mention a higher selling price on the Website than that mentioned on the MRP label of the product.

MRP Breach Policy

Shopkar encourages sellers to adhere to the rules and regulations laid out by the Government of India. As per the laws of India, a product cannot be sold at a higher price than the MRP (Maximum Retail Price) stated on the box. This rule is relaxed only in the cases of service industry like restaurants or hotels. Sellers who sell products at a higher price than the MRP will be suspended and further blacklisted. Shopkar will show zero tolerance towards any instances wherein the seller has sold the product above the MRP stated on the label.

Strict action will be taken against sellers who list selling price on the Website that is higher than the MRP stated on the MRP declaration label of the product.

The maximum penalty for contravention of any of the provisions of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities Rules), 2011 is INR 25,000/- for the nominated person and the firm/company as the case may be for the first offence.

Thus, it is essential for all sellers to adhere to the rules and regulations stated by the Government of India to smoothen their business flow and at the same time retain the trust of loyal customers.

Mandatory provisions to be included on the MRP declaration label of a product as per Government of India rules and regulations:

  • The name and address of the manufacturer, the name and address of both the manufacturer and the packer (when they are not same) or the name and address of the importer.
  • The common or generic name of the commodity.
  • Net quantity contained in the package (excluding the weight of any packing material).
  • Month and year of manufacture or import.
  • The retail sale price.
  • The name of the office, address, telephone no and e mail id (optional) of the person who can be or the office which can be contacted, in case of consumer complaints

The above mentioned provisions are mandatory for all products manufactured for retail sale. Further note, that only those labels, which are securely affixed on the container are acceptable.

Please click on the given links to refer to the websites with the rules and regulations stated by the Government of India listing out the mandatory declarations which are to be pasted on the product in detail:

Following are the cases in which the MRP Breach Policy is applicable:

  • Pricing your product above the MRP on the Website.
  • Charging the buyer more than the MRP mentioned on the label of the product.
  • Charging an additional fee in the form of taxes over and above the MRP. This is prohibited as MRP mentioned is all inclusive of taxes.
  • Labels without mandatory declarations as prescribed by the Government of India.

If the seller is found guilty of violating the MRP Policy, the following actions will be taken:

  • Persistent defaulters will be blacklisted and will be liable for breach under the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011.
  • Please be informed that Shopkar will not bear any responsibility for the repercussions faced by you for violating the applicable laws.
  • One instance is equivalent to a breach made for one or more SKUs.

Multiple Accounts & Listing Policy

Sellers shall not be permitted to have multiple accounts on the Website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the Website. Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don’t list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can’t have more than one listing of an identical item at the same time.

Violations of this policy may result in a range of actions, including but not limited to the following:

  • listing cancellation;
  • limits on account privileges;
  • account suspension; and/or
  • loss of special status.

These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different display names. Listings are considered duplicates if they are for items that have no significant differences between them. To avoid your listings from being treated as duplicates, make sure you clearly show the differences between items in the titles, descriptions, prices, photos, product IDs, item specifics, or parts compatibility areas of a listing. Shopkar may also look at other parts of the listing to determine whether the listing is duplicate. If the differences between the items you are selling are not obvious in the search results, your listings may be treated as duplicates and will be subject to the consequences outlined above.

Payment Settlement Policy

What are Prepaid Orders?
Prepaid orders are those for which the payment mode is prepaid, i.e. through credit card, debit card, EGV and net banking, wallet, upi, etc.
What are Postpaid Orders?

Postpaid orders are those for which the payment mode is cash on delivery. Additionally, any special settlements like Seller Protection Fund (SPF), Tax Deducted at Source (TDS) reimbursement, advertising services will be settled through the postpaid account.

Payment Settlement Cycle:

*On every 30th day of the month after the product  is Dispatched and Delivered to customers and also finishing our 10 day return policy period.

*Dispatched is the instance when a shipment is in-scanned at the pickup hub.

Any payment or charge deduction related disputes raised by a seller will be acknowledged and dealt, in accordance with the Terms of Use and our applicable policies, only within 30 days of the settlement of the payment/ deduction or within 60 days of the order date, whichever is earlier. Sellers are therefore requested to check the charges carefully and report any issues within the aforementioned time limit beyond which no claims shall be entertained. For removal of doubts, it is hereby clarified that claims made by the seller in terms of the Seller Protection Program would not fall under the purview of the said time limit.

Profanity Policy

Shopkar prohibits the use of language that is racist, hateful, sexual, or obscene in nature.

This policy extends to texts within listings, seller pages, and all other areas of the Website that other users may view. If the profane words are part of a title for the item being sold, we allow sellers to ‘blur’ out the bulk of the offending word with asterisks (e.g. s*** or f***).

What to do

Please report any violations, like the ones listed below for review:

  • Offensive display names
  • Offensive language in a listing or otherwise
  • If a feedback comment or any communication made among users on the Website, or an email communication between sellers and buyers in relation to transactions conducted on the Website contains profanity, please raise seller support ticket using ‘Contact seller support’ link and submit a request for action/removal.  Disciplinary action may result in indefinite/temporary suspension of a seller’s account or a formal warning.

Shopkar will consider the circumstances of an alleged policy violation and the seller’s trading records before taking action.

Violation of this Policy may result in a range of actions, including but not limited to the following:

  • limits placed on account privileges;
  • loss of special status; and/or
  • account suspension

Prohibited & Restricted Items Policy

Prohibited & Restricted Items Policy

Seller must comply with all the applicable laws, rules and regulations whether federal, state, local or municipal, wherein s/he /it shall not list or sell any item (s) which is / are in violation of the law of the land. Further, s/he/it shall be solely responsible and obliged to obtain relevant licenses, authorisations, consents, permissions etc. as may be applicable under the extant laws for any item (s) intended to be listed.

The Prohibited and Restricted Items List, as appearing below, shall be applicable to both the Shopkar Website – www.shopkar.and the Shopkar Seller Hub Website – https://seller.shopkar.in

Before a seller lists an item, s/ he/it shall find out if the item is allowed to be sold on the online platform, online marketplace, web-application, Website and if the sale of the item is subject to certain restrictions and conditions imposed under any extant law of the land. It shall be the sole and exclusive responsibility of the Seller to ensure that the sale of the item intended to be listed on the Shopkar Website – www.shopkar.in and the Shopkar Seller Hub Website – https://seller.shopkar.in is not prohibited or restricted under the applicable laws.

Violation of this Policy may result in a range of actions, including but not limited to

  •  listing cancellation;
  • limit on account privileges;
  • account suspension; and / or
  • loss of special status.

Without prejudice to the generality of the foregoing, in case of violation, Shopkar shall be entitled to block / de-list any item listed in violation of this policy and suspend and / or terminate the agreement of the Seller forthwith.

Rules on Prohibited and Restricted items.

Policies about listing items are generally guided by the applicable law of the land. However, many items that are not necessarily prohibited or restricted by extant law have been included in the list below. The inclusion of such items in the Prohibited and Restricted items list is based on the inputs of numerous stakeholders including the community.

The Prohibited and Restricted Items List is not intended to be exhaustive and Shopkar may, from time to time, amend or modify this list. However, you as a Seller, are responsible for ensuring that you are, at all times, in compliance with all applicable extant laws.

It is also important to respect third party intellectual property rights and Sellers must have legal and contractual right to sell products they list.

 

 

 

 

 

Prohibited and Restricted Items List:*

Prohibited Product Examples
Arms and Ammunitions 1.        Ammunition that contains noxious liquid or gases, like rockets, grenades, bombs, missiles etc.

2.        Knife (blade should not be more than 9 inches)

3.        Semi-automatic firearms, guns, smooth bore guns having barrel of less than 20 inches

in length, centre fire rifles of any barrel length (semi-automatic), rifles, pistols, revolvers

or any weapons designed to discharge noxious liquid/gas.

4.        Ingredients for ammunition including lead, sulphur, chlorates, perchlorates etc.

Explosives and Explosive Substances 1.        Explosives include gunpowder, gun-cotton, picric acid, fog-signals, fireworks,

fuses, rockets, percussion-caps, detonators and cartridges.

2.        Flammable material like petroleum, natural gas, acetone, wood naphtha etc

Adult Material 1.        Books, magazines or paper with obscene content or indecent representation of women.

2.        Pornography or films banned in India by the Board of Film Certification.

3.        Obscene objects and figures, such as drawings, sculptures, and sex toys.

Alcohol and Liquor Alcoholic beverages such as beer (including draught beer), spirits, wines, alcopop, liqueurs,

other preparations that are consumable as alcoholic beverages.

Narcotic Drugs 1.        Cannabis and its derivatives like charas, ganja etc.

2.        Cocaine, opium, morphine, heroin, codeine, or thebaine.

Tobacco & related products, and more Cigarettes, cigars, cheroots, beedis, pipe tobacco, etc
Drugs and Cosmetics 1.        Any misbranded or adulterated drug or a patent or proprietary medicine without

the true formula or ingredients with their quantity.

2.        Any illegally imported, unlicensed/banned or unsafe drug/cosmetic.

Animal & Wildlife products 1.        Illegally hunted wild animal, animal trophy (skin, teeth, nails etc)or uncured trophyor

meat derived from any wild animal.

2.        Specific plants, like Blue Vanda, Kuth, Pitcher plant etc

Pet Animals Dogs, pups or fish.
Money, Coins and Currency Foreign currency, virtual currency (such as Bitcoin) or pieces of metal to be used as money.
Hazardous Substances 1.        Radioactive substances and everything exposed to or infused with radioactive substances.

2.        Banned or unregistered insecticides.

Electronic Nicotine Delivery Systems (ENDS) E­ – Cigarettes, Heat-Not-burn devices, Vape, e-Sheesha, e-Nicotine

Flavoured Hookah.

  • Adult Material (see Mature Audiences Policy)
  • Alcohol, Wine & Liquor
  • Animal & Wildlife products or hides/skins/teeth, nails and other parts etc. of animals
  • Antiques & Artifacts
  • Beta Software
  • Bootleg / Pirated Software
  • Catalogue & URL sales
  • Used Clothing
  • Compilation & Information Media
  • Contact Information and User databases
  • Contracts
  • Copyrights
  • Counterfeit Currency & Stamps / Govt Stamps
  • Downloadable media (Unless expressly permitted by Shopkar)
  • Drugs (Unless permitted by law)
  • Electronic Surveillance Equipment (Unless permitted by law)
  • Event Tickets
  • Firearms, Ammunition, Militaria & Weapons (including amongst other things, Swords, Decorative Swords, Metallic Pellets, Stun Guns, Air Guns Knuckles, Guptis/Knifes (not more than 9 inches long and 2 inches wide), etc
  • Explosives & Explosive substances
  • Games Software
  • Government ID’s and Licenses
  • Hazardous & restricted products
  • Human Organs (parts & remains)
  • Importation of Products – examples include CDs that were intended only for distribution in a certain country
  • Items encouraging illegal activities
  • Misleading titles
  • Movie prints
  • Offensive material
  • Police, Army, Navy & Air Force related items
  • Prohibited services
  • Prohibited & Restrictive Goods under Customs Act, 1962
  • Infringing & Counterfeit Goods under Intellectual Property Laws
  • Promotional items
  • Real Estate
  • Replica & counterfeit items
  • Ringtones
  • Stocks & other Securities
  • Stolen property
  • Surveillance equipment’s
  • Trademarks & Patents
  • Travel
  • Obscene Products (for eg.: book, pamphlet, paper, writing, drawing, painting, representation, figure)
  • Narcotics Drugs
  • Medicines with proper authorization under law.
  • Packaged products under the Legal Metrology
  • Food products under the Food Safety & Standards Act.
  • Products subject to mandatory product standards to be sold in India
  • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • Copyright unlocking devices which includes mod chips or other devices designed to circumvent copyright protection
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
  • Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
  • Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property
  • Illegal products which includes materials, products, or information promoting illegal products or enabling illegal acts
  • Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes
  • Offensive products which includes literature, products or other materials 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
    • Prescription drugs  or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  • Pyrotechnic devices and hazardous materials which includes fireworks and related products; toxic, flammable, and radioactive materials and substances
  • Regulated products which includes air bags; batteries containing mercury; freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, products regulated by government or other agency specifications
  • Securities, which includes stocks, bonds, or related financial products
  • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
  • Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
  • Foreign / Wholesale currency which includes discounted currencies or currency exchanges
  • Multi-Level marketing collection fees
  • Matrix sites or sites using a matrix scheme approach
  • Work-at-home information
  • 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.

**HOWEVER, THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE; YOU, AS THE SELLER, ARE RESPONSIBLE FOR ENSURING THAT YOU ARE NOT POSTING & SELLING AN ITEM THAT IS PROHIBITED BY LAW OF THE LAND.

Search abuse policy

Shopkar catalog provides different product information through attributes which helps in product discovery and helps buyer purchase right product for himself. As Marketplace, our aim is to maintain sanctity of this information to ensure right discovery for our buyers. Search abuse is any practice that results in searches in Shopkar.com returning irrelevant listings. This violation most often is a result of use of popular brand names in certain catalog attributes or other inappropriate ‘keywords’ for the purpose of diverting users to a listing. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.

Types of Search abuse

  1. Keyword abuse

Keywords are not shown to the customer on Shopkar.in but are used to return results of listings when searched. Keyword abuse is the practice of including brand names or other inappropriate information in ‘keywords’ attribute. Example, using popular brands like ‘Fastrack’‘Titan’‘Timex’, etc. for watch listings when the product listed does not belong to the mentioned brand.

  1. Catalog attributes abuse

Catalog attribute abuse is the practice of including popular brand names or misleading information in order to get the attention of customers. This not only results in wrong search results but also provides wrong information to customers as these information are shown to customers on Shopkar.in

  1. Brand Name and logo abuse

Do not include any brand name or company logo in seller/your listing other than the specific brand name used by the company that has manufactured the listing. Certain uses of brand names may also constitute trademark infringement and could expose seller/you to legal liability. Sellers are permitted to use third-party company logos only if they have the license or permission to use such logos.

Search abuse violation and policy

Listings that include unrelated brand names or logos in catalog attributes, keywords and images will be deactivated by Shopkar. Accounts with more than 3 listings with search abuse content will be made pending.

Seller Blacklisting Policy

Our sellers are our business partners. They help us maintain the highest selling standards for any marketplace.  For sellers to perform well on the platform, they must adhere to Shopkar selling guidelines, not indulge in illegal practices and unethical business tactics. The Seller Blacklisting Policy has been designed to maintain the said standards and ensure consistent quality at Shopkar.
In addition, the Policy is also applicable in cases related to behavioral issues (personal or company level) or violation of specific policies listed out by Shopkar.
Breach of the terms of use, privacy policy or any other website policy could also lead to blacklisting of seller account. 

Selling Fake Products:

Sellers must ensure that all the listed items are genuine. If the seller attempts to sell fake products on the website  he/she will be blacklisted. Shopkar is against the sale of replicas, counterfeit products, products infringing trademark or copyright, imitations of the original product or unauthorised materials. An attempt to sell any of these will lead to blacklisting.

Trademark: A trademark is any word, name, symbol or other device used to identify one’s goods and distinguish them from goods or services offered by others. A trademark identifies a business and links it to the quality, credibility, experience, goodwill, and reputation of the manufacturer.

Examples:

  • “APPLE” is a trademark of Apple, Inc.
  • “JUST DO IT” is the trademark of Nike
  • “XEROX” is a Trademark of Xerox, Inc. (not a synonym for a Photocopier)
  • “CROCS” is a Trademark of Crocs, Inc (Not a model name)
  • “E & Y” is a service  mark

You must refrain from doing the following:

  • Using a trademark/ logo, whether on a product or in any other manner that you don’t own or have acquired the licence in respect of or have authority to affix/ emboss on your private label product
  • Using the name of a brand that you don’t own or have the authority to use in the title of your product or in the listing attribute “Brand” or as your Seller Display name
  • Using the name of another brand as a search query for your private label product
  • Listing a compatible accessory as a branded accessory (Ex: charger compatible for Apple Iphone should not be represented as an Apple charger). In such a case using the words” compatible with” is necessary

Copyright: 

A right held by the creator in certain creative works such as literature, artistic works, paintings, music, computer programs, sound recordings and films. A copyright gives the creator of an original work exclusive rights to it and to license it to others.

Examples:

  • The images uploaded by a seller for a product is a copyright image owned by that seller and cannot be used by another seller without permission.
  • Image available on Google Search is owned by third parties and permission will be required to use the same
  • A music composition in an advertisement is a copyright
  • A software is subject to third party copyright
  • A films is subject to third party copyright and reproduction by any means requires permission from the owner

Failure to adhere to the above can lead to blacklisting of your account. In the event of any legal disputes initiated via any authority/ Court or intimation of infringing actions on your part, we may have to disclose your particulars to the authority concerned for the purpose of legal compliance. Any use of illegal materials on our platform will be in violation of our Terms and Conditions and you will be liable for legal action.
Poor Performance:

A seller will be blacklisted if the seller has poor performance based on the following criteria:

  • High returns
  • High returns due to mis-shipment, missing items, damaged products or poor quality products
  • Returns due to used/ expired products or products not covered by warranty
  • Poor seller ratings and negative reviews
  • Repeated violation of seller performance policy thresholds
  • Copyright/ trademark infringement
  • Price/ Discount abuse
  • Abusive behavior
  • Using packaging materials of competitors
  • Any attempts at fraudulent activity that will affect customers, other sellers or Shopkar
  • Physical audit results
  • Mystery shopping results
  • Multiple customer escalations

The seller may be blacklisted due to poor performance on a single criteria or a combination of the aforementioned factors.
Fake claims:

If a seller is found making false claims in order to earn a benefit under the Seller Protection Fund, he/she will be blacklisted.
Breach of Contract:

In situations where the seller has entered a separate contractual agreement with Shopkar under which they are obligated to perform in a certain manner or pay against the deliverables provided by Shopkar and the seller is found in breach of the said contract, she/he would be delisted with immediate effect and notified of the same. Under this situation, the entire portfolio of the seller is subject to being delisted and not just the products for which the contract was executed.
Prohibited products:

As a registered seller, you may list item(s) for sale on the website in accordance with the policies which are incorporated by way of reference in the ToU. You must be legally able to sell the item(s) you list for sale on the website, failing which, you will be blacklisted.
Mature Audience Listing:

Under Indian law, it may be a criminal offense for you to sell certain types of films, publications, MMS or computer games that may be adult in nature or are otherwise not appropriate for minors (individuals under 18 years of age) or are prohibited under the law and the same should not be listed on the website.

Violations of this policy may result in a range of actions, including but not limited to the following:

  • Listing cancellation
  • Limits placed on account privileges
  • Loss of special status and/or
  • Account suspension

Disputes:

Sellers who have a high number of disputes raised against them by buyers will be blacklisted.
Negative Feedback:

If a seller consistently receives negative feedback from buyers, he/she will be blacklisted.
MRP Breach:

A seller found breaching the MRP Policy by quoting a higher price than that mentioned on the product’s MRP declaration label will be blacklisted.
Threat & abuse:

Shopkar expects its sellers, as our business partners, to be courteous, professional and respectful while interacting with us via email or any other form of communication. Failing to do so, a seller will be given two initial warnings and will then be blacklisted. The following will be considered as threat & abuse:

  • Threat of bodily harm via email/phone or chat
  • Misuse of Shopkar’s system
  • Spoof (fake) email
  • Spam
  • Offers to buy or sell outside the website

Threats of physical harm via email, phone calls or public message boards will be dealt with seriously.

Failure to take correct measures will lead to blacklisting of the seller.
Fake Reviews/Ratings:

If a seller is found or reported to be posting fake reviews or ratings on the website for their products or someone else’s, either to increase or diminish sales, his account will be blacklisted.
Missing Products/Irrelevant Material:

If a seller is found shipping empty boxes or boxes filled with irrelevant material (example: Stones, pebbles, garbage etc) instead of the actual product to the buyer, he/she will be blacklisted.
 

 

Fraud:

Willful intention to commit fraud against fellow sellers, buyers or Shopkar platform will lead to blacklisting.
Packaging issues:

Repeated use of  poor quality packaging/ using Shopkar’s competitors packaging will lead to blacklisting.
Associate behaviour for dropship:

Any misbehaviour of associates towards buyers in the drop-ship model will lead to seller account being blacklisted.
Linked accounts:

If a seller holds multiple accounts, all the accounts will be blacklisted as per the blacklisting policy.
Shipping products of incorrect weight:

If the weight and dimensions of the actual package of the Product is found to be greater than the weight and dimensions of the Product mentioned in the Product listing, Shopkar shall have the right to take necessary action against the Seller, including but not limited to blacklisting of the Seller.

 

Seller Community Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

The Shopkar Seller Community is operated by Shopkar Online India Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at A-904 Evershine cosmic, Off link road, Off link road Oshiwara Andheri West Mumbai-400053 , (hereinafter referred to as “Shopkar”).

By merely accessing the Shopkar Seller Community, You shall be deemed to have contracted with Shopkar Online India Private Limited have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement.

If You post on or otherwise access the Shopkar Seller Community, You shall be subject to these guidelines..

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has registered as a Seller on the Shopkar Website or App. The term “We”, “Us”, “Our” shall mean Shopkar Internet Private Limited.

ACCESSING OR OTHERWISE POSTING ON THE SHOPKAR SELLER COMMUNITY INDICATES YOUR AGREEMENT TO THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Shopkar Policies ((including but not limited to Privacy Policy) as amended from time to time.

  1. Shopkar Seller Community- Purpose :

The Shopkar Seller Community provides a platform for Shopkar sellers to exchange ideas, knowledge, and opinions about anything related to selling on Shopkar, both on the website. Shopkar has created these Terms of Use for the purpose of encouraging and maintaining an enjoyable and safer environment in the Seller Community where there can be open and honest communication among all members.

  1. Eligibility for Participation

At this time, the use of the Seller Community is limited to users with a Shopkar seller account. Please bear in mind that your use of the Seller Community is subject to the terms of the Shopkar Privacy Policy, Terms of Use and your seller agreement which are included herein by way of reference.

  1. Adherence to Community guidelines

We encourage you to use the Seller Community to share your ideas, knowledge, and opinions with other sellers. While we appreciate your comments, we do require that you follow the general posting guidelines listed below. Violation of these guidelines may subject you to a range of actions, including removal of posts or other content, temporary or permanent access to our community areas, limits on your selling privileges, and suspension of your account.

  1. General Posting Guidelines
    1. Your posts should focus on topics specific and relevant to the Seller community and the respective thread.
    2. Post on the community with the intent of sharing your ideas, knowledge, and opinions about a specific issue
    3. You may share and exchange ideas pertaining to growth of your business in general, even if such ideas are unrelated to selling on the platforms provided by Shopkar
    4. Feel free to put forth questions to your peers.
    5. Share your ideas, recommendations for improving the all-round experience on the Shopkar platform
    6. Give us honest feedback about the things at which we are succeeding, and constructive criticism about those which can be improved.
    7. Posts should respect the privacy of all Shopkar members and should be courteous towards members, opinions, and initiatives.
    8. Advertising:
      1. You can generally advertise a Shopkar product listing that is directly related in benefiting a community project, but you can’t post the item number or a link to the listing.
      2. The ad must directly relate to the community project, and can only be mentioned once per thread
    9. Prohibited Content:

You shall not post any content which:

  1. belongs to another person and over which you have no right;
  2. is grossly harmful, harassing, blasphemous, defamatory, 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;
  3. is misleading in any way;
  4. 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;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
  7. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  8. 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];
  9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see ‘Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
  13. contains videos, photographs or images of another person (with a minor or an adult);
  14. tries to gain unauthorized access or exceeds the scope of authorized access to any platform operated/provided by Shopkar or solicits passwords or personal identifying information for commercial or unlawful purposes from other users of any platform operated/provided by Shopkar;
  15. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to any platform operated/provided by Shopkar without our prior written consent. Shopkar’s prior written consent means a communication coming from the Shopkar’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization; (p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
  16. interferes with another’s use and enjoyment any platform operated/provided by Shopkar;
  17. harms minors in any way;
  18. infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
  19. violates any law for the time being in force;
  20. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  21. impersonates another person;
  22. contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
  23. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;
  24. any content that is false, inaccurate, or misleading;
  25. any content that directly or indirectly, offers or attempts to offer trade or attempts to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  26. any content that creates liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
  1. Language:

Any use of the following kind of language is unacceptable of the Seller Community:

  1. Profanity
  2. Vulgarity
  3. Hate or racist speech
  4. Disruptive or hostile comments
  5. Threats of violence
  6. Interpersonal disputes
  7. Attempts to hide or misspell offensive content
  8. Offensive language in user IDs

We remove posts immediately if they contain unacceptable language that is offensive in nature.

  1. Additional information:
    1. Content posted to the Shopkar seller community by Sellers is solely the opinion and responsibility of the author.
    2. Shopkar reserves the right to remove any post for any reason without warning or notice
    3. Shopkar reserves the right to report any Prohibited Content or any content that is defamatory, libelous or slanderous in any manner to law enforcement agencies.
  2. Reporting violation of posting guidelines:

If you believe a post is in violation of one or more of these guidelines, you can report it to our Community moderators using ‘Contact Seller Support’ link on your seller portal.

Seller Non-Selling Policy

It is not permitted for a seller to refuse payment acceptance or fail to deliver an item at the end of a successful sale.

If a violation of this policy is reported to us, we will consider the alleged offence and seller’s history before taking action.

A violation of this policy may result in a formal warning to the seller and/or temporary/indefinite suspension of account of such seller.

A penalty equivalent to the commission fee of the order value will be charged to any Seller who cancels an ordered product before updating the status of the order as RTD (READY TO  DISPATCH). Further,  3 times of commission fee for the order will be charged to any Seller who cancels an ordered product after updating the status of the order as RTD(READY TO  DISPATCH).

Listing Cancellation & Account Suspension

Shopkar is continuously monitoring and tracking sellers’ order, fulfillment history and related parameters to ensure enhanced customer experience on the Website. In furtherance of this, Shopkar may, at its sole discretion, reserve the right to suspend seller’s account on receiving excessive orders that may not be completed based on sellers past fulfillment behaviour within the promised service level agreement.

This is to avoid seller cancellations, delivery and installation breach events on the orders received. In the interim, seller should continue with processing pending orders within the committed service level limits. Once the pending orders are fulfilled by the seller, Shopkar will reactivate seller’s account.

There are two reasons why your listing may be cancelled or account may be suspended:

  • A violation of the ToU and/or
  • A violation of one or more of Shopkar’s policies

If your listing is cancelled or account is suspended, we’ll notify you by email, phone, or other modes of communication about the reasons for cancellation of listing or suspension of your account, as the case may be.

If you have not been notified about the listing cancellation or suspension of your account, contact us for more information.

Reinstatement of your listing or account shall be dependent upon the nature of violation and solely at the discretion of Shopkar. Shopkar’s decision shall be final in this regard.

Seller Registration & KYC Policy

As an additional safety measure, sellers intending to register on the Website are required to provide verification documents.

Sellers whose transaction value has exceeded INR 50,000/- (cumulative) through transactions have to complete the additional verification (know your customer or KYC) process. Till the time such an additional verification is concluded, your remittances shall be on hold and only released upon completion of the KYC process. This verification procedure is aimed to further help Shopkar become a safer and secure e-commerce platform.

Seller needs to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process.

Important:  If a seller intends to update/change his/her bank account details, he/she should intimate Shopkar of such a change at least five business days before the effective date after change in bank account. For processing payments after duly completing the KYC process, you may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments. As part of the KYC process, you are required to provide one valid document for proof of identity and one valid document for proof of address.

Given below are the documents acceptable for the KYC process:

  1. For bank accounts belonging to individuals

Proof of Identity (PoI)

  • Passport
  • PAN card
  • Voter’s identity card
  • Driver’s license

Proof of Address (PoA)

  • Passport
  • Voter’s identity card
  • Driver’s license
  • Telephone/Mobile bill
  • Bank account/Credit Card statement
  • Electricity bill
  • Ration card
  1. For bank accounts belonging to companies

PoI

  • PAN Card of the Company
  • GSTIN (mandatory)

PoA

  • Company telephone bill
  • Company electricity bill
  1. For bank accounts belonging to partnership firms

PoI

  • GSTIN(mandatory)

PoA

  • Telephone bill in the name of firm/partners
  • Electricity bill in the name of firm/partners
  1. For bank accounts belonging to trusts & foundations

PoI

  • GSTIN(mandatory)

PoA

  • Telephone bill
  • Electricity bill
  1. For bank accounts belonging to sole proprietor

PoI

  • Passport
  • PAN card
  • Voter’s identity card
  • Driver’s license
  • GSTIN

PoA

  • Telephone/Mobile bill
  • Bank account/Credit card statement
  • Electricity bill
  • Ration card

Service Provider Policy

  1. Shopkar may, at its sole discretion, choose to enlist preferred service providers on the Platform for certain services useful to the sellers.
  1. By doing so, Shopkar is not endorsing any service provider or its services. Shopkar neither guarantees nor gives any warranty nor makes any representation with respect to the services of such service providers.
  1. Sellers may engage with such service providers at their own cost and risk, and the relationship between the seller and the service provider will be governed by a separate agreement between the parties.
  1. Shopkar will neither be a party to nor in any manner be concerned with the services rendered nor be liable or responsible for any act or omission on the sellers’ part or on part of the service provider.
  1. Shopkar hereby expressly disclaims all (i) liabilities that may arise, directly or indirectly, as a consequence of the business arrangement entered into between the seller and the service provider(s); and (ii) warranties, conditions or statements, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose.

 

Terms & Conditions: Packaging

Packaging Terms and Conditions 

1. Packaging Instructions: Overall                                                                                  

Classification of products

Packaging Materials Required

Packaging Guidelines for Non Dangerous goods

Packing of Fragile Items

Step1: Wrap the product with 7 layers of 10 mm bubble wrap and secure it with tape.

Step2: Form the box using Shopkar logo tape.

Step3: Place the wrapped product in suitable box.

Step4: Seal the carton withShopkarFragile Red tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on the carton.

Packing of Semi-Fragile Items
Step 1:  Wrap the product in 2 layers of Bubble Wrap.

Step 2: Place the product inside the carton and close the flaps by the application of Shopkar logo Blue tape.

Step 3: Paste the shipping label on the carton

Step 4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Non-Fragile Items

Step 1: Choose a Security bag or Carton basis the product to pack the product.

Step 2: Place the product inside the carton/security bag.

Step  3:  For  cartons  close  the  flap  by  the  application  of  tape  and  paste  the  shipping  label  and invoice.

Step 4. For Security bags, close the mouth by sealing the adhesive liner provided.

Step 5: Place the invoice in the jacket and seal it using a Shopkar blue logo tape.

Packing Guidelines for dangerous goods

Dangerous Goods: Dangerous goods are materials or items with hazardous properties which, if not properly controlled, present a potential hazard to human health and safety, infrastructure and/ or their means of transport. Miscellaneous Dangerous Goods like sharp & pointed tools, toxics, chemicals, ink cartridges and other liquid or semi liquid products.

Step1: Place the product inside a poly pouch.

Step2: Wrap 2 layers of 10 mm Bubble Wrap and secure it with Shopkar Logo Yellow tape. Step3: Place it in the carton and close the flaps by the application of Shopkar Logo Yellow tape. Step4: Paste the shipping label and invoice on the carton.
Packing of Metal Cans:

Step1: Wrap the metal can with 2 layers of 10 mm bubble wrap and secure it with tape.

Step2: Form the box using Shopkar logo tape.

Step3: Place the wrapped product in suitable box.

Step4: Seal the carton with Shopkar Blue logo tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on the carton.

Packing of Glass Containers:

Step1: Wrap the product in 7 layers of Bubble Wrap. In case of multiple products wrap each of the products in 7 layers of bubble wrap

Step2: Place the product inside the carton and close the flaps by application of Shopkar Fragile tape.

Step3: Paste the shipping label on the carton

Step4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Plastic Containers:

Step1:  Wrap the product in 2 layers of Bubble Wrap.

Step2: Place the product inside the carton and close the flaps by the application of Shopkar blue tape.

Step3: Paste the shipping label on the carton

Step4: Put the invoice in the poly pouch and paste it on the carton.

Packing of Laminates/Pouches

Step1: For Liquid Products, firstly Place the pouch in a poly pouch (Zipper Bag) and seal it and wrap 2 layers of 10 mm bubble wrap.

Step2: For Solid Products, wrap 2 layers of bubble wrap. For Multiple products wrap each of the products in bubble wrap.

Step3: Place the wrapped product in suitable box.

Step4: Seal the carton with Shopkar Logo tape.

Step5: Paste the Shipping label on the box.

Step6: Put the invoice in the poly pouch and paste it on the carton.

Packing of Paper Board box/Cartons

Step1: Place the Paper Board Box/Carton in a suitable box without bubble wrap.

Step2: Seal the carton with Shopkar Logo tape.

Step3: Paste the Shipping label on the box.

Step4: Put the invoice in the poly pouch and paste it on the carton.

Key Points to be noted

  • In case of multiple products bubble wrap each of the individual items. In case of Glass bottles and other fragile items, 7 layers of bubble wrap is mandatory.
  • The packing carton used should be of similar in size of the product.
  • There should be no free space inside the carton thus allowing no rattling. In case of free space extra layers of bubble wrap should be used.
  • There should be neat application of tapes on the cartons.
  • The shipping label and invoice should not be damaged in any case, the contents should be clear and readable and Barcode should be Scannable.

Control Points:

The packaging done should be as per the guidelines mentioned.

Resources:

  1. Cartons
  2. Shopkar logo Blue-tape
  3. Shopkar Fragile Tape
  4. Shopkar Yellow tape
  5. Security bag
  6. Poly pouch
  7. Bubble wrap
  8. Shipping label
  9. Invoice Copy

 

Return Policy

PRODUCT ELIGIBLE FOR RETURN

Only in the following cases a product can be returned:

  1. If the product purchased is of wrong measure, size, weight.
  2. If a wrong product has been delivered
  3. If the product delivered is defective, damaged, non functioning, malfunctioning
  4. If product was not as described as in description mentioned in Shopkar.in
  5. If colour different from what was ordered

NOTE: ONLY IN THE ABOVE CASE A PRODUCT WILL BE ELIGIBLE FOR RETURN, OTHER THAN THE ABOVE CASE A PRODUCT CANNOT BE RETURNED AT THE SOLE DESCRITION OF SHOPKAR

  1. RETURN

Product or accessories purchased through “SHOPKAR ONLINE INDIA PRIVATE LIMITED” can be returned for a full refund within 10 DAYS  from the day of receipt (“Return Period”), provided it is in its original condition and in accordance with our return policy given below. Product or  accessories  is not eligible for return and refund after  the expiry of ‘Return period”.

A product or accessories will not be entitled for return if the period   of 10 DAYS is expired, unless it is a defective product. . For details regarding Warranty Service see below if you need to return your Device for service. This does not affect your consumer rights.

1.1.Request for return of product: Login to your account and click on request for return of product in the  given option. You also need to upload the pictures/photos of the product you wish to return and give the required details needed .We will notify you once it has been approved for return.

1.2. Prepare the Product(s) for return: The box will need to be kept in its original packaging along with invoice or proof of purchased, the products packaging should not be in any other way other than originally provided

1.3. Give return package to the carrier/ field executive: Please wrap the package securely, attach the return label you printed to the package, and follow the instructions provided, the field executive will collect the product at your doorstep on the day notified to you.

NOTE:

  1. Your item needs to have the receipts or proof of purchased
  2. It should be in its original packaging
  1. REQUIREMENTS

At the time of return, your product will be checked for the following conditions:

Category Conditions
Correct Product IMEI/ name/ image/ brand/ serial number/ article number should match and MRP tag should be undetached and clearly visible.
Complete Product All in-the-box accessories (like remote control, starter kits, instruction manuals, chargers, headphones, etc.), freebies and combos (if any) should be present. Complete box pack as received in original and good condition. Ayurvedic medicines, Health & Personal care products or any products received must be returned in good condition with all documents received along with.
Unused Product The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable). Before returning a Mobile/ Laptop/ Tablet, the device should be formatted and Screen Lock (Pin, Pattern or Fingerprint) must be disabled. iCloud lock must be disabled for Apple devices. Ayurvedic medicines, Health & Personal care products or any products received must be returned in good and new, unused, unopened condition. It should be in new condition as manufactured.
Undamaged Product The product (including SIM trays/ charging port/ headphone port, back-panel etc.) should be undamaged and without any scratches, dents, tears or holes. Ayurvedic medicines, Health & Personal care products or any products should be undamaged.
Undamaged Packaging Product’s original packaging/ box should be undamaged.

NOTE: Field executive will refuse to accept your return if any of the above conditions  are not met.

For any products for which a refund is to be given, the refund process will be initiated once the returned product has been received by the seller.

  1. REFUNDS

On receipt of returned item we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund on completion of inspection of the item.

If your return is approved and valid as per”Return Policy” mentioned in this document, we will initiate a refund to your credit card or original payment method. In  case of “Cash on Delivery”( Herein after may be  referred as “ CoD”)  we will transfer the money through banking channel which needs Customer Bank Details  to be provided and authenticated  by the Customer.

  1. GENERAL RULES FOR SUCCESSFUL RETURN
  1. In cases where the seller is unable to process a replacement for any reason whatsoever, a refund will be given.
  1. If you request a refund, the purchase price (excluding delivery charges for online orders) will be refunded to you using the original payment method
  1. For products where installation is provided by Shopkar’s service partners, do not open the product packaging by yourself.    Shopkar authorised personnel shall help in unboxing and installation of the product.
  2. For furnitures, any product related issues will be checked by an authorised Service personnel (free of cost) and attempted to be resolved by replacing the faulty/ defective part of the product. Full replacement will be provided only in cases where the service personnel opine that replacing the faulty/defective part will not resolve the issue.

Privacy Policy

We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.

Note: Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

  1. Collection of Personally Identifiable Information and other Information

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.

Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

If you choose to buy on the Website, we collect information about your buying behaviour.

If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

2.Use of Demographic / Profile Data / Your Information

We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.

In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our Website.

We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

Cookies

A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.

3.Sharing of personal information

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

4.Links to Other Sites

Our Website links to other websites that may collect personally identifiable information about you. Shopkar.in is not responsible for the privacy practices or the content of those linked websites.

5.Security Precautions

Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

6.Choice/Opt-Out

We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.

7.Advertisements on Shopkar.in

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

8.Your Consent

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to Your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.