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Terms & Conditions

Home / Terms & Conditions

Terms and Conditions for Online Utsav Operations

Effective Date: 11.10.2024

By using our platform "https://onlineutsav.com" or engaging in any transactions with us, you agree to the following terms and conditions. Please read carefully before proceeding.

1. For Customers

1.1 User Account

  • You must create an account to make purchases. You are responsible for maintaining the confidentiality of your account and password.
  • You agree to provide accurate, complete, and current information about yourself.

1.2 Purchases

  • When you place an order, you agree to provide accurate payment and shipping details.
  • All orders are subject to availability and confirmation of the order price.

1.3 Pricing and Payment

  • The prices displayed on the platform are final, except in cases of obvious errors.
  • Payments can be made through credit cards, debit cards, digital wallets, or other available methods.
  • The company reserves the right to cancel or refuse any order due to pricing errors or fraud suspicion.

1.4 Returns and Refunds

  • Return and refund policies vary based on the product type and seller. Please refer to the specific product page for detailed information.
  • Products must be returned within 3 days of delivery in their original condition.
  • Refunds will be processed after the returned product has been inspected and accepted by the seller.

1.5 Shipping and Delivery

  • Estimated delivery dates are provided by the platform, but delays may occur due to unforeseen circumstances.
  • The platform is not responsible for delays caused by external factors such as weather, carrier issues, or strikes.
  • Any dispute regarding delivery or shipping should be reported within 2 days of the expected delivery date.

1.6 User Responsibilities

  • Customers must not misuse the platform by attempting fraudulent activities, spreading viruses, or making fake orders.
  • Any misuse of the platform will lead to the immediate termination of the account and potential legal actions.

1.7 Limitation of Liability

  • The company is not liable for any damages, losses, or inconvenience caused by technical errors, delays, or inaccurate information provided by third parties, including sellers.

2. For Sellers

2.1 Seller Account and Eligibility

  • Sellers must apply and be approved before listing their products.
  • Sellers must comply with all local laws and regulations in connection with their products and business operations.

2.2 Product Listings

  • All product descriptions, prices, images, and other relevant details provided by the seller must be accurate.
  • Misleading or inaccurate product descriptions may result in account suspension or termination.

2.3 Order Fulfillment

  • Sellers are responsible for fulfilling orders within the specified timeframe.
  • If an order cannot be fulfilled, the seller must notify the platform immediately for appropriate action (e.g., refunds or alternate arrangements).

2.4 Returns and Refunds

  • Sellers must honor return and refund policies set forth by the platform.
  • The seller will be notified of any return request and must cooperate in processing the refund promptly.

2.5 Fees and Commissions

  • Sellers agree to pay any applicable fees and commissions for sales made through the platform.
  • The company reserves the right to change the fee structure with prior notice to sellers.

2.6 Compliance with Laws

  • Sellers must ensure that all products sold comply with applicable laws, including safety standards and legal restrictions.
  • Counterfeit, illegal, or prohibited products will lead to immediate termination of the seller account and possible legal consequences.

2.7 Termination of Account

  • The platform reserves the right to suspend or terminate a seller's account for violating the terms and conditions or engaging in fraudulent or illegal activities.

 

3. For Sellers of Electronic Goods

These terms and conditions apply to all sellers registered under MCC-5722 (Merchant Category Code for sellers of electronic goods). By using the platform, sellers agree to the following terms, conditions, and policies governing their operations, product listings, and transactions.

3.1 Seller Account and Eligibility

·         Application and Approval:

    • Sellers operating under MCC-5722 must submit an application and obtain approval from the platform before listing any products.
    • The platform reserves the right to approve or reject seller applications based on compliance with internal policies and applicable regulations.

·         Compliance with Laws and Regulations:

    • Sellers must comply with all local, state, national, and international laws relevant to their business operations and the sale of electronic products.
    • This includes adhering to import/export laws, safety regulations, and environmental compliance (e.g., e-waste handling policies) for electronic goods.

3.2 Product Listings

·         Accuracy of Product Details:

    • All product descriptions, specifications, pricing, and images provided by sellers must be complete, accurate, and consistent with the actual product. This includes any warranty, product certifications, and regulatory compliance documentation where applicable.

·         Misleading or Inaccurate Information:

    • Providing misleading or inaccurate product details (e.g., false specifications or pricing errors) may result in immediate suspension or termination of the seller’s account.

·         Prohibited Products:

    • Sellers may not list any counterfeit, refurbished (without disclosure), or otherwise illegal electronic products. Violations will lead to account termination and possible legal action.

3.3 Order Fulfillment

·         Responsibility of Sellers:

    • Sellers under MCC-5722 are responsible for processing and shipping all orders within the agreed timeframe.
    • Products must be shipped with proper packaging and labeling to ensure safe delivery, including compliance with shipping regulations for electronics (e.g., lithium battery transport rules).

·         Order Cancellation or Inability to Fulfill:

    • If a seller cannot fulfill an order due to stock shortages, delivery issues, or any other reason, the seller must immediately notify the platform to arrange an appropriate response (e.g., refunds or alternate products).

3.4 Returns and Refunds

·         Adherence to Platform Policies:

    • Sellers are required to honor the platform’s return and refund policies. This includes accepting returns within the timeframe set by the platform and processing refunds promptly.

·         Return Process and Cooperation:

    • The platform will notify sellers of any return requests. Sellers are obligated to process the return promptly and cooperate fully in resolving any refund disputes or issues.

3.5 Fees and Commissions

·         Payment of Fees:

    • Sellers under MCC-5722 agree to pay the platform’s applicable fees and commissions for sales made through the platform. These fees are calculated based on the total transaction amount, including taxes, shipping, and handling charges.

·         Changes to Fees:

    • The platform reserves the right to modify the fee structure or commission rates. Sellers will be given prior written notice of any such changes.

3.6 Compliance with Laws and Regulations

·         Regulatory Compliance:

    • Sellers must ensure that all listed products comply with relevant legal and safety standards, such as electrical safety certifications (e.g., UL, CE, or RoHS) and environmental regulations (e.g., WEEE compliance).

·         Prohibited, Illegal, and Counterfeit Products:

    • The sale of counterfeit, hazardous, or illegal products is strictly forbidden.
    • Immediate account termination and legal consequences will apply to sellers found in violation of this policy.

3.7 Termination of Account

·         Account Suspension or Termination:

    • The platform reserves the right to suspend or terminate the account of any MCC-5722 seller for violations of the terms and conditions or engagement in fraudulent or illegal activities.

·         Grounds for Termination Include:

    • Repeated listing of misleading or inaccurate product information.
    • Selling counterfeit or illegal products.
    • Non-compliance with order fulfillment policies or excessive delays in shipment.
    • Failure to honor return and refund policies.

·         Notice and Appeals:

    • Sellers will be notified of any suspension or termination and may submit an appeal within a specified timeframe if they believe the decision was made in error.

3.8 Governing Law and Dispute Resolution

  • These terms and conditions will be governed by the laws applicable to the region where the platform operates.
  • Any disputes arising from these terms will be resolved through arbitration or mediation, as determined by the platform's policies.

By registering and listing products under MCC-5722, sellers acknowledge and agree to comply with these terms and conditions. Failure to do so may result in account suspension, termination, or legal action, as determined by the platform.

4. For Delivery Personnel

4.1 Registration and Eligibility

  • Delivery personnel must register with the platform and provide accurate personal information.
  • You must have a valid driver’s license and comply with all local traffic laws if delivering by vehicle.
  • Delivery personnel must ensure their vehicle or mode of transportation is maintained in a safe condition.

4.2 Conduct and Responsibilities

  • Delivery personnel are expected to conduct themselves professionally when interacting with customers and sellers.
  • You are responsible for ensuring timely and safe delivery of the products.
  • Any issues during delivery, such as delays, accidents, or problems with the customer, should be reported to the platform immediately.

4.3 Compensation

  • Delivery personnel will be compensated based on the agreed-upon rates per delivery or other agreed metrics.
  • Payments will be processed on a [weekly/monthly] basis or as specified in the contract.

4.4 Loss or Damage

  • Delivery personnel are responsible for ensuring the integrity and safety of products during transportation.
  • In the event of product loss or damage caused by delivery personnel, the platform may deduct compensation accordingly or pursue other legal actions.

4.5 Termination

  • The platform reserves the right to terminate the contract with delivery personnel for violations of the terms, including late deliveries, misconduct, or unsafe driving.

5. General Terms

5.1 Privacy Policy

  • All users (customers, sellers, and delivery personnel) must agree to our privacy policy regarding data collection, usage, and protection.

5.2 Modification of Terms

  • The platform reserves the right to modify these terms and conditions at any time. Users will be notified of significant changes.

5.3 Governing Law

  • These terms and conditions are governed by the laws of Madhya Pradesh/India and any disputes will be resolved in accordance with local laws.

5.4 Dispute Resolution

  • In case of disputes between customers, sellers, or delivery personnel, the platform will attempt to mediate. If unresolved, legal recourse may be pursued in the courts of Satna.

 

6. For E-Commerce Franchise Operations

Effective Date: 11.10.2024

Here’s a draft of Terms and Conditions for Franchise Operations in an e-commerce business. These guidelines ensure smooth operations, rights, and responsibilities for both the Online Utsav and franchisee. As with the previous terms, it is essential that these are reviewed by legal professionals to ensure compliance with applicable laws and business practices.

These Terms and Conditions ("Agreement") govern the relationship between the Online Utsav and the Franchisee (the individual or entity operating a franchise) in the e-commerce operations. By signing this Agreement, the Franchisee agrees to the following terms and conditions.

6. Franchise Grant

6.1 Grant of Franchise

  • The Online Utsav grants the Franchisee the right to operate an e-commerce franchise under the [Online Utsav's Brand Name] in a designated territory, subject to the terms of this Agreement.

6.2 Territorial Rights

  • The Franchisee shall have exclusive rights to operate within the territory specified in the Franchise Agreement. Any encroachment on this territory by the Online Utsav or other franchisees will be avoided unless mutually agreed.

6.3 Franchise Term

  • The Franchise Agreement is granted for a period of 2 years, starting from the Effective Date.
  • The Agreement may be renewed, subject to both parties' mutual consent and the franchisee’s performance, as outlined in section 6.

7. Franchisee Obligations

7.1 Brand and Platform Compliance

  • The Franchisee agrees to operate the e-commerce franchise in strict compliance with the Online Utsav's established standards, policies, and operational procedures.
  • The Franchisee must use only approved branding, marketing materials, and platforms as provided by the Online Utsav.

7.2 Staffing and Management

  • The Franchisee is responsible for hiring, managing, and training their employees in line with the Online Utsav's standards.
  • Franchisee must ensure that all staff involved in the operation follow the rules laid out in this Agreement.

8. Online Utsav's Obligations

8.1 Initial Support

  • The Online Utsav will provide the Franchisee with initial training and assistance in setting up the e-commerce platform, including branding materials, operational guidelines, and technical support.

8.2 Ongoing Support

  • The Online Utsav will offer ongoing operational support, marketing assistance, and product updates. This may include digital tools, training sessions, and resources to help optimize business performance.

8.3 Technological Platform

  • The Online Utsav will maintain and update the e-commerce platform, ensuring that it remains functional and aligned with market trends and customer demands.

9. Fees and Payments

9.1 Franchise Fee

  • The Franchisee shall pay a one-time franchise fee of as per Agreement, due upon signing the Franchise Agreement.

9.2 Late Payment Penalties

  • Failure to make payments on time may result in a penalty fee of 3% and could lead to termination of the franchise if persistent.

10. Operational Guidelines

10.1 Inspection Rights

  • The Online Utsav has the right to inspect the Franchisee’s operations at any time to ensure compliance with company policies and standards.

10.2 Use of Intellectual Property

  • The Franchisee is granted a non-exclusive license to use the Online Utsav’s trademarks, logos, and branding for the duration of this Agreement.
  • The Franchisee agrees not to infringe on the Online Utsav’s intellectual property or use it in any unauthorized way.

11. Renewal and Termination

11.1 Renewal

  • At the end of the term, the Franchisee may apply for a renewal, subject to performance reviews. The renewal is subject to mutual agreement and the payment of a renewal fee (if applicable).

11.2 Termination by Online Utsav

  • The Online Utsav reserves the right to terminate this Agreement if the Franchisee fails to meet performance expectations, violates company policies, or engages in illegal activities.
  • Upon termination, the Franchisee must cease using all Online Utsav-owned intellectual property and return any materials provided by the Online Utsav.

11.3 Termination by Franchisee

  • The Franchisee may terminate the agreement with Three months’ prior notice in writing. However, any unpaid fees or liabilities must be settled before termination is finalized.

11.4 Post-Termination Obligations

  • Upon termination or expiration of this Agreement, the Franchisee must stop using all branding, technology, and other resources associated with the Online Utsav.

12. Non-Compete and Confidentiality

12.1 Non-Compete Clause

  • The Franchisee agrees not to operate, directly or indirectly, any competing e-commerce business for a period of 2 years after the termination of the franchise agreement within the same territory.

12.2 Confidential Information

  • The Franchisee agrees not to disclose or misuse any confidential information obtained during the operation of the franchise, including trade secrets, customer data, or business strategies.

13. Dispute Resolution

13.1 Mediation

  • In case of any disputes, both parties agree to attempt to resolve the issue through good faith negotiations and mediation.

13.2 Arbitration

  • If the dispute cannot be resolved amicably, both parties agree to submit the matter to binding arbitration under the rules of arbitration association, with the arbitration taking place in Satna Jurisdiction.

14. Limitation of Liability

14.1 Online Utsav’s Liability

  • The Online Utsav will not be liable for any indirect, incidental, or consequential damages arising from the operation of the franchise, including loss of revenue or business interruption.

14.2 Force Majeure

  • Neither party shall be liable for failure to perform their obligations under this Agreement if such failure results from circumstances beyond their control, such as natural disasters, strikes, or government actions.

15. Governing Law

  • This Agreement shall be governed by and interpreted in accordance with the laws of the courts of Satna. Any legal dispute arising out of this Agreement shall be settled in the courts of Satna.

16. Entire Agreement

  • This Agreement constitutes the entire understanding between the Online Utsav and Franchisee and supersedes all previous discussions, agreements, or understandings.

If you have any questions or concerns about this Privacy Policy, please contact us at:

Online Utsav
LIG-53, Sharda Nagar Housing Board

Colony, Ghurdang, Satna (M.P.) 485005
Email: ou@onlineutsav.com
Phone: 9800128111

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