This is to inform you that we are providing ‘marketplace ‘ i.e.  Providing online e- commerce for physical goods through website www.sastag.com, through which we provide    a portal for merchants to list their goods for sale and connect to users.

Sastag E-commerce starts operations, the services being provided by us under the Contract will be provided to you by Sastag E-commerce, such that all our rights and/or obligations under the Contract will be deemed to be the rights and/or obligations of Sastag E-commerce.

Terms & Conditions

Market Place Agreement

This market place agreement is entered

By and Between

You , a company/proprietorship firm/partnership firm (here in after referred to as “Seller”/ “Merchant” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns of the FIRST PART.

AND

Sastag , having its registered office at D/M 280 Deen Dayal Upadhyay Nagar, Indore-452010 (hereinafter referred to as, “Sastag.com” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assigns of the FIRST PART.

(“Sastag.com” and “Seller” are hereinafter individually referred to as a “Party” and collectively as “Parties”.)

1. Sastag owns and operates an online market place on the website located at the URL www.sastag.com, which acts as an online platform facilitating different sellers to sell their Products and/or Services and enabling different buyers to purchase the Products and/or Services offered by sellers;
2. Seller being desirous of using the Sastag.com Platform to offer and sell Seller’s Products (defined below) to the users of the Platform and have completed Sastag.com’s Seller Registration Form to enroll as a registered Seller on the Platform; and

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:

1. SELLER REGISTRATION
   1. Use of this marketplace for the Sale of Products through the Platform is limited to the Seller who can lawfully enter into legally binding contract and has completed the registration process and provided relevant details as required by Sastag.com. Seller represent that Seller, in Seller’s individual capacity and/or as an authorized representative of the entity (i.e., is eligible to legally bind the said entity) by registering as a Seller on the Platform and further represents that the Seller is competent to contract, is at least eighteen (18) years of age, is of sound mind and is not disabled by any Law in India from entering into this Agreement.
   2. Seller also represent that the Seller has provided toSastag.com, Seller information such as name, address i.e. address of registered office and principal place of business, contact details, email address, mobile / Land line No, bank account details, PAN No., Sales Tax Registration/declaration, and other compliance related details through the Seller Registration Form and that such information is true and correct as on date and the Seller undertakes to keep the same updated at all times during the subsistence of this Agreement.
   3. Seller will be responsible for maintaining the confidentiality of the Seller Panel and the information provided therein, and shall be fully responsible for all activities that occur under Seller’s Seller Panel.
   4. Seller agrees that as a registered Seller of the Platform, Seller shall not transfer / sell / trade the Seller Panel to any other person or entity.
2. SELLER OBLIGATIONS –

1. Seller shall upload the Product listings for the sale of the Products in the appropriate category, through the Seller Panel. Seller shall also be required to provide all Catalogue details along with the MRP and List Price and confirms and acknowledges that such Catalogue details shall be in compliance with all applicable laws including but not limited to the Legal Metrology Act.
2. Seller represent that Seller shall provide accurate and complete Product information on the Seller Panel/Platform. The Product description shall not be misleading or in violation of any legal provision and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Platform, Seller agrees to refund any amounts that Seller may have received from the Buyer and compensate and indemnify Sastag of any entailing legal consequences or otherwise losses suffered by it.
3. Seller shall be responsible for ensuring that the Seller Panel is updated and reflects the real-time availability / non-availability of the Products listed on the Platform. Sastag shall not be responsible for claims made by Buyers for inaccurate Product availability details that are displayed on the Platform due to any negligence / default on the part of Seller to provide updated and accurate Product information. Seller shall be required to retain an adequate inventory of the Products listed on the Platform, for successful fulfillment of Orders.
4. Seller shall not attempt to sell any products falling in the category of product prohibited for sale in India under any law for the time being in force.. Sastag shall be entitled to block all such products and shall also have the right to suspend or terminate the Seller’s access to the Seller Panel and the Platform and/or terminate this Agreement forthwith.
5. When a Buyer elects to purchase a Product through the Platform, the order so received shall be reflected in the Seller Panel and Seller hereby authorizes Sastag to receive the payment in respect of the said Order for the Product on behalf of the Seller only in the capacity of an online marketplace. All commercial/contractual terms in respect of the Product/Services are offered by Seller and agreed upon between Seller and Buyer alone. The commercial/contractual terms in respect of Product/Services 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/or services. Sastag does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms in respect of Product/Services between Sellers and buyers. Seller understands, agrees and acknowledges that Sastag is an intermediary which facilitates the online transaction for sale of Products between the Seller and Buyer and that there is no privity of contract between the Buyer and Sastag; and it shall be a bipartite transaction between the Seller and Buyer and Sastag shall not be a party to the same.
6.  For all Orders placed on the Platform, payments shall be collected by Sastag on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. Seller hereby authorize Sastag to process, facilitate, collect and remit payments to Seller, (collected either electronically or through cash on delivery), from the Buyers in respect of sale of the Products through the Platform. Use of the payment facility shall not render Sastag liable or responsible for 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. Seller also agrees and acknowledges that the payment facility provided by Sastag is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions through the Platform. Further, by providing the payment facility, Sastag is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Platform.
7. Issuing correct and complete invoice is the sole and primary responsibility of the Seller. Seller shall issue a Invoice in the name of the Buyer, which Invoice shall be sent to the Buyer along with the Product. Seller shall be responsible to update the Seller Panel to reflect this development.
8. Seller shall maintain details of all invoice as per applicable tax laws and shall be solely responsible to maintain proper records of such invoices including but not limited to maintainance of books of accounts in respect of the Transactions through the Platform.
9. Seller shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, Rules and Guidelines framed there under as applicable and amended from time to time, Legal Metrology Act, 2009 related rules and Guidelines and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force), including the guidelines issued from time to time by Department of Industrial policy and Promotions and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Seller’s listing, and sale of products and/or services through the Platform. Seller shall ensure not to list or engage in any transaction in an Product and/or service, which is unlawful, illegal or prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. Seller shall maintain all the books of accounts as required by Government Authority and deposit the tax as applicable on sale of products. Seller shall be responsible for all the tax and duties liability pertaining to sale of products
11. Non delivery/return of the Product due to any other reason : Where the Product has not been delivered/ has been returned due to any reason which is not attributable to the Seller, then Sastag shall on behalf of the Seller refund to the Buyer, the Selling Price paid by the Buyer to purchase the Product and shall cause the Product to be returned to the Seller. Upon confirmation of return of Product back to Seller in appropriate condition, Sastag shall recover any proceeds paid to Seller for that Product.
12. Seller agree and acknowledge that Sastag shall be entitled to recover/adjust any outstanding amount due and payable by Seller to Sastag under this Agreement from any Seller Proceeds payable to Seller and Seller undertakes not to object to such recovery/adjustment.
13. Seller hereby agree to accept all Products (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery
14. Seller hereby agrees to accept the expenses incurred for delivery of the products whether the products accepted by the Buyer or refused at the time of delivery.
15. Seller shall be solely responsible and liable for any complaints and queries of Buyers with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality or quantity of the Products sold through the Platform.
16. Seller shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties.
17. Seller confirms and understands that selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Platform will cause great prejudice and harm to the reputation and goodwill of Sastag and may also cause harm and prejudice to the Buyers. Seller acknowledges and warrants that Seller shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of Sastag
18. Seller undertakes and agrees to dispatch and deliver only those genuine and original products that were ordered by the Buyer
19. Seller undertakes and confirms that while listing the inventory of the Product, the Seller has physical possession and owns such quantity of product as listed on Sastag and further undertakes to fulfill the orders placed by the buyer promptly.
20. Seller acknowledges agrees that Sastag shall have the right to hold/deduct/adjust Order amount, costs, penalty, expenses along with attorneys fees with respect to any litigation filed against Sastag by an aggrieved customer or any third party with regard to Seller’s products / services the reason for which is attributable to Seller.
21. 3 Seller hereby agrees to accept all sales return (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.
22. The Seller undertakes to bear all logistics cost with respect to return/reverse orders and also acknowledges that Reverse Logistics Cost

1. PAYMENT TERMS
   1. Seller shall quote the best, lowest and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product on the Platform.
   2. Sastag shall have the right to amend the Sastag Fees percentage applicable to any Product as provided in the Commercial Term Segment, with notice of the same to Seller by way of an email and/or a notification on the Seller Panel detailing such modifications/ amendments/ revisions to the Sastag Fees. It shall be the Seller’s responsibility to review the emails / notifications by Sastag from time to time. Seller’s continued use of Seller Panel (including any updated information in Seller Panel, listing of Products, inventory maintenance, etc.) after such modifications/ amendments/ revisions of the Sastag Fees shall be deemed as acceptance of such modifications/ amendments/ revisions.
   3. The Selling Price in respect of a Product purchased by a Buyer shall be received in full by Sastag either through the online system, i.e., the payment gateway offered by Sastag on the Platform, or by way of cash on delivery
   4. Seller will be responsible for payment of all applicable taxes including sales tax and VAT.

1. Seller agrees and acknowledges that Seller will pay Sastag, the Sastag Marketplace Fees, Courier Fees, Payment Collection Fees, Fulfillment Centre Charges, any other fees, and applicable service taxes on it, as provided in Commercial Term Segment, for all the orders received through Sastag.
2. Sastag shall release the payment of the Seller Proceeds to the Seller within ten days from date of confirmation of delivery of Product to the Buyer, after deducting Sastag Fees, the Courier Fees, Payment Collection Fees, Fulfillment Centre Charges and any other applicable Fees and applicable taxes, as per the Commercial Term Segment.
3. Sastag shall release the TDS amount to the Seller within 30 days after receiving accurate TDS certificate. TDS deposit is explicit responsibility of Seller to government on time as per Income Tax Act.

Fees Charged by Sastag: