Seller Registration
A supplier/vendor/merchant who wishes to sell 'APPAREL FOR WOMEN' only on the Website shall register with FASHION BRISK by providing the requisite information/ data on the Seller Registration page including details of seller’s valid & accurate banking details. The sellers shall provide true, correct and very accurate, duly authorized data/ information. Details provided by the seller shall not be incorrect, misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to suspend/ terminate the Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
Invoicing, Shipping & Product Liabilities
Please note that we are a marketplace platform like Ebay & Craftsvilla, and provide marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like VAT, CST etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and fashionbrisk.com will not be responsible for any loss or damage due to your products.You have to bear in mind, your reputation and the reputation of the site is at stake, your products have to be fairly priced, the pictures of your products & the products shipped should be identical, kindly bear in mind the buyers decision to buy from you is influenced by your pictures, product description & price. FASHION BRISK does not encourage or subscribe to poor quality & customer complaints, even though it is your express responsibility.
Charges Applicable to Sellers
The Company shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The Company will provide the Seller with an invoice reflecting the facility charges on a monthly basis. If the seller avails of any of the services provided under FASHION BRISK Logistics by the Company, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.
The Company reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under FASHION BRISK Logistics. Any such changes shall be effective from the time that the Company posts the same on the Website.
The Seller will be responsible for paying all charges associated with the use of the Website and/or FASHION BRISK Logistics and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the seller. The Company shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
Single Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size etc.) shall be provided to the buyer. [Note: Please confirm.]
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of 'wanted advertisements' that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
No Infringement of Intellectual Property of Company and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
Hold, Suspension and Termination of Seller Registration
In case of any breach or violation or suspected breach or violation of any of the provisions of this policyor the User Agreement, the Company may suspend and/or terminate the Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. Seller’s Seller Registration is subject to the seller remaining an active User of the Website.The seller is expected to watch his/ her product sales on the site on a weekly basis, keep note of trends, create inventory of fast moving products, remove slow moving products. Variety is the spice of life, buyers like to see new styles, new colours, new designs.,FASHION BRISK expects its sellers to be imaginative, creative, proactive & create fresh & innovative designs and trends.
Compliance of Law is sacred to FASHION BRISK, sellers have to follow the Law of the land, Law violators cannot be sellers on FASHION BRISK. Upon identifying or being notified by any person or by a law enforcement agency that a Seller has violated any law in the performance of a transaction, or otherwise, the Company may immediately suspend seller’s Seller Registration, notify law enforcement agencies or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.