- At the time of listing, of the various modes of payment provided by the Company on the Website, you shall also choose the modes of payment which are acceptable to you and the buyer will have the option to pay the Transaction Price only by the modes of payment selected by you. If you fail to choose your preferred modes of payment, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.
Clean Sale: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.
Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Feedback: Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
Non payment: The Company reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Company whether for FASHION BRISK Logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.
International Trading: It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the FASHION BRISK pay Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.
Refusal to sell: Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.
Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which maybe charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such a case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within  days of booking the Transaction and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
Rules for Dispatch: The seller (other than a seller availing the 'courier' services under FASHION BRISK Logistics) is required to Dispatch the items for every Transaction to the Buyer within (3-5) days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company.
- You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.
- You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of (12) months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.
- You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
- You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.
- If the Seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Seller’s Registration and/or any consequent actions as specified in the User Agreement.
Dispatch Details: The Seller shall provide the Dispatch Details on the Website within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the VillaPay Facility within 10 -12 days of Payment Confirmation.
In case of Transactions wherein the buyer has opted for Payment on Delivery payment method or the seller has availed of the 'courier' services under FASHION BRISK Logistics, the Logistics Partner would collect the item to be shipped from the Seller and the Company would be responsible for providing the Dispatch Details on the Website.
If the seller has opted for the 'courier' services under FASHION BRISK Logistics the seller will be bound by the terms of the Policy for FASHION BRISK Logistics (incorporated herein by reference) and the Logistics Partner and/or the Company shall be responsible for abiding by the terms and obligations of this provision including but limited to providing the Dispatch Details.
Delivery:The time within which the seller or the Company (if the seller is availing FASHION BRISK Logistics services) is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the Buyer and Seller on the Website.
In case of Payment on Delivery Transactions, the Logistics Partner will Deliver the items and collect the Transaction Price and other charges (if any) within the stipulated time. It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever, irrespective of whether the delivery is made by the Logistics Partner or seller has availed the services of FASHION BRISK Logistics.
Remittance to Sellers:Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:
- Buyer confirming the Delivery of items in the Transaction, or
- Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within  days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or
- Buyer does not raise a refund claim within  days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or
All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller's Bank Account. In cases where the Payment on Delivery option is selected, remittance of the Transaction Price paid by the Buyer will be made within  days of Delivery and only after the payments received from the Logistics Partner are reconciled with the Website/ Company.
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the FASHION BRISK pay Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Seller for their successful Transactions under the FASHION BRISK pay Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
- Warranties and Undertakings
Seller warrants and undertakes that:
- All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or FASHION BRISK Logistics services does not in any way becomes a party to the contract for the sale of the item.
- Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
- In the event that:
- the Seller fails to Deliver within the time prescribed; or
- the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
- the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
- there is any dispute between Seller and the Buyer relating to the Transaction, or
- the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
- the Buyer claims a refund of or charges back the Transaction Price,
the Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
- Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the FASHION BRISK pay Facility.
- In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
- Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made there under.
Seller verification and refund to Buyers: The Seller authorizes the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
- If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
- If the verification documents submitted are invalid, tampered or forged; or
- If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
- If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
- If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
- If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
- If the Seller has Dispatched an item different from the description mentioned on the Transaction, or
- The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund.
A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Seller by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Seller. The Seller will be notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such charge back in respect of the Transaction which the Company is required to pay, the Seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.
The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.