Terms and Conditions for Vendors
These Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”), and WENBA (“we,” “us” or “our”),
concerning your association with WENBA’s platform as a “vendor”
By applying to be a vendor on the platform you are indicating that you have read these terms of
use (the “Agreement”) and you understand, and you consent to be bound by, all the terms and
conditions of this agreement.
These terms of use set forth your rights and obligation with respect to your use of any version of
the service. If you do not agree to these terms of use and the terms of the agreement or do not
wish to comply with them, you shall not be chosen as an appropriate vendor in our “Platform”.
- Scope of the Policy:
1.1
The Vendor agrees to operate within the scope of the following terms and conditions laid
down.
1.2
The Vendor agrees that all products delivered by them are in pristine condition and no
damaged products will be delivered to the Buyer. If in the event any damaged products
are found, we shall have no choice but levy a penalty on you. Both Parties agree that
this will be mentioned in the invoice given to the Vendor. - Requirement of Products:
2.1
The Vendor undertakes to sell their products through WENBA’s aggregator platform and
the platform undertakes to market the goods to potential buyers.
2.2
Both Parties agree to intimate the Vendor on a timely basis of the requirement of
products through the inventory management system/ purchase order and an invoice for
the same will be sent to the Vendor. - Logistics:
3.1
The Vendor agrees to send the said goods in the fastest mode of transport available
during this time.
3.2
The Vendor agrees to keep the said goods intact and in good condition while in transit
and agrees that if any damage occurs during transit, it will be the responsibility to either
pay for a stock that was damaged or else to replace the stock with brand new stock.
3.3
Both Parties agree that if any stock of said goods is damaged, expired or in any
unacceptable condition, the Buyer has the right to refuse payment for the same. Both
Parties also agree that the Vendor shall be responsible for reimbursing the buyer with a
new stock of goods if such an issue persists. - Termination of Services:
Both Parties agree that termination of services will be executed if:
4.1
The Vendor does not hold the rights and appropriate licenses to sell products to
Companies.
4.2
The Vendor consecutively delivers low-grade, damaged, or faulty goods to the Buyer.
4.3
The Vendor consecutively and purposely delays the order for non-genuine reasons. - Rights and Obligations of Vendor:
5.1
The Vendor will be provided payment on a fixed date and no delays shall be made while
doing payments.
5.2
In the case of Natural calamities, or any natural cause which is out of the Company or
Vendor’s hand, exceptions can be made to accommodate the request of the Vendor.
5.3
Vendors shall be solely responsible for the quality, quantity, merchantability, guarantee,
and warranties in respect of the products. The Vendor shall ensure that the products
dispatched are of the specifications ordered and there is no variation whatsoever. The
necessary guarantee/warranty shall be provided by the Vendor to the customer.
5.4
The vendor represents and warrants that it, or its distributors, currently possesses all the
licenses, certifications, and accreditations required to perform and deliver off-grid
products to any location where its products are distributed. Vendor shall inform
customers of the nature and consistency of the products and shall give customers
appropriate warnings in relation to any health and safety concerns or handling of
hazardous risks.
5.5
The Vendor warrants and represents that it is an authorized business establishment and
holds all the requisite permissions, authorities, approvals and sanctions to conduct its
business and to enter into the present agreement with the Buyer. It is the Vendor’s sole
responsibility to ensure compliance with every applicable existing and/or future laws of
the Republic of India, that may require any kind of compliance.
5.6
The Vendor warrants and represents that it has adequate rights under relevant laws
including but not limited to various Intellectual Property Legislation(s) to enter into this
Agreement with the buyer and perform the obligations contained herein and that it has
not violated/ infringed any intellectual property rights of any third party.
5.7
The Products offered by the Vendor are either manufactured by the Vendor or are
sourced/ purchased by the Vendor from third party suppliers/manufacturers
(“Suppliers”). In the event the Vendor purchases the Products from the Supplier, the
Vendor has to furnish a no objection certificate from the owner/manufacturer of the
Products for the sale thereof.
5.8
The product shall be authenticated in nature in terms of brand name, specifications,
images and costing of the product. The description of the product shall be done by the
way of text descriptions, images or videos. The Vendor agrees not to provide any such
description/information regarding the product which amounts to misrepresentation to the
customer.
5.9
Vendor shall ensure not to upload any description/image/text/graphic that is unlawful,
illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in
violation of intellectual property rights including but not limited to Trademark and
copyright of any third party.
5.10
The vendor acknowledges that any product bought through the WENBA platform may be
eligible for refund unless and until they are some sort of perishable goods. It is agreed
upon by both parties that the buyers shall be paying for the product listed on the
platfoirm by the vendor and in the event there is no calim for refund initated from their
behalf within a week, the organization shall be initiating payment of the product to the
vendor.
- Rights and Obligations of Buyer:
6.1
The Buyer shall be provided on time delivery of products purchased from the Vendor.
Delay in delivery will not be tolerated by the Buyer.
6.2
The Buyer shall receive only the top grade quality products from the Vendor. The Vendor
shall ensure that, no expired products will be provided to the Buyer under any
circumstances. - Furninshing valid information:
The vendor acknowledges and undertakes that when asked for any information, they
would provide correct information in good faith. Failure to provide correct information, or
deliberately providing incorrect information can lead to termination of the contract. The
vendor also acknowledges that such furnishing incorrect or incomplete or false
information may give rise to damages if they arise. - Non Disclosure:
8.1
A vendor undertakes that they would not, under any circumstances except those
prescribed by the law, disclose any of the Confidential information.
8.2
The vendor has a responsibility to keep the contractual details of this contract which
include rates and payment details and other “Confidential Information” that they may
have access to, confidential.
8.3
Any breach of this contract may give rise to damages and other liabilities that includes
termination of the contract.
8.4.
The obligations under this clause shall survive and the Vendor shall be bound by the
obligations under this clause even after the termination of this Agreement or severance
of any other clause hereunder.
- Indemnification:
The vendor hereby agrees to indemnify, defend, or save harmless the Buyer in case of
any liability, claim, actions, legal suits, petitions, damages or losses, expenses or
liabilities that may arise as a result of any direct or indirect action undertaken by the
vendor. These actions may include any kind of Civil wrong, Criminal offense, Tax
liability, Breach of duty towards customers, Non-Delivery of goods, Delivery of sub-
standard quality of goods, Breach of Commercial Duty towards Consumer, Payment
issues with customers, Refund to customers, breach of contractual obligation towards
customers etc. If any such action leads to a liability of the Buyer then the Vendor agrees
to refund and/or make good any such loss that may be incurred by the buyer. - Arbitration and Conciliation:
If any dispute arises between the Parties hereto during the subsistence of this
Agreement or thereafter, in connection with the validity, interpretation, implementation or
alleged material breach of any provision of this Agreement or regarding a question,
including the questions as to whether the termination of this Agreement by one Party
hereto has been legitimate, both Parties hereto shall endeavor to settle such dispute
amicably. If the Parties fail to bring about an amicable settlement within a period of thirty
(30) days, either Party to the dispute may give ten (10) days notice of invocation of
dispute settlement to the other party. The Parties hereto shall submit to such, a
mediation award which will be enforceable in the court of law.
- WENBA’s Responisbilities:
11.1
The vendor agrees that WENBA is an online marketplace or an aggregator platform that
shall provide marketing, and technological inclusion and connect the vendor with
potential buyers, for the purpose of selling their traditional products.
11.2
In no way whatsoever, shall WENBA be held liable for any damages or issues created
by the vendor with the buyer, and the Vendor agrees to indemnify WENBA from any kind
of legal implications. - Construction:
This Agreement shall be construed and interpreted in accordance with the internal laws
of India. - Changes to Our Policy:
Should we update, amend or make any changes to this document so that they
accurately reflect our Service and policies, unless otherwise required by law, those
changes will be prominently posted here. Then, if you continue to use the platform, you
will be bound by the updated terms and conditions. - Contact us:
