Basic Information

Documentation

Agreement

Your Name*
Email id*
Mobile Number/Contact Number*
Password*
Pin Code*
Main Merchandise Category*
Are you currently selling on other marketplace*
Partner Type*
No. of SKU for sale*
What % of inventory is stocked in warehouse*
%
Accepted formats: docx, doc, pdf 20Mb
Accepted formats: docx, doc, pdf 20Mb
Accepted formats: docx, doc, pdf 20Mb
Accepted formats: docx, doc, pdf 20Mb
Accepted formats: docx, doc, pdf 20Mb

 

 

MALLFORT.COM AND SELLER AGREEMENT

 

 

THIS Agreement (referred as MFSA) is executed on this _____ Day of _______________, 2016 by and between:______________________________________________________________________, having its registered office at _______________________________________________________,

 

India, acting through its authorized representative Mr. ________________________(hereinafter referred to as “Seller” whichexpression, unless it be repugnant to the context or meaning thereof, shall be deemed to mean and include all its successors andpermitted assigns) of the First Part;

AND

 

Arisol Technologies Private Limited., a company incorporated under the Companies Act, 2013, havingits Registered office at B 1/14, Rana Pratap Bagh, Delhi – 110007 (hereinafter referred to as, “Mallfort.com”. which expression, unless itbe repugnant to the context or meaning thereof, shall be deemed to mean and include all its successors and permitted assigns) of theSecond Part.

(Seller and Mallfort.com may be referred to as ‘Party’ individually and as ‘Parties’ collectively, as the context may require).

 

  1. BUSINESS

 

Mallfort.com is involved in the business of providing Technology, Internet marketing and fulfillment services to companies interested in selling their products on the internet, through its E-Commerce Technology & Services Platform www.mallfort.com.

 

Mallfort.com owns a website which is an online market place, where users of the Website can place order/(s) on various listed Seller to fulfillthe same. Mallfort.com’s role is limited to managing Website (defined below) over which the products are displayed and other incidentalservices are provided to enable the transactions between the Sellers and the Buyers.

 

 

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

 

S.No.

Acronyms /Abbreviation

Meaning/Description

1

Buyer

A user of the Website who places an Order on the Seller listed

 

 

on the Website for products or services.

2

Order

A binding purchase order placed by a Buyer on the Seller

 

 

through for supply of products or services

3

Website

www.mallfort.comand instances of the same

4

Seller Panel

A uniform resource locator provided by Mallfort.com to Seller with a

 

 

unique access details to manage their products/inventory and

 

 

orders along with order statuses etc. From this part seller can

 

 

design there showroom as per guidelines given by Mallfort.com

5.

Arisol Technologies Pvt.

Mallfort.com

 

Ltd.

 

6.

Website

Mallfort.com

7.

O2O

Online to Offline

8.

3PL

Third Party Logistics

9.

PoS

Point of Sale (Seller Panel)

 

 

II.SCOPE OF BUSINESS

 

  1. COM offers the services to open the SHOWROOM(i.e. Shop or Store) an ecommerce platform to display, manage and sell their retail products to the targeted audiences, mallfort.com users and affiliates

 

  1. com will allow their sellers to share their product catalogue to Mallfort.com online users.
  2. com offers the marketing services to their sellers and promotes their Brand as per Mallfort.com specifications.
  3. com retains the copyrights of any digital content generated on website.
  4. com provides the on-demand services to their sellers specifically only to Brick and mortar stores.

 

  • ORDER PROCESS:

 

  1. com reserves the right to select the products to be displayed on its Website. Mallfort.com also reserves the right to determine the Sellers who may sell on the Website.

 

  1. com shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides an access to Website, marketing and distribution channel to the Seller. In the event payments are collected by Mallfort.com on behalf of the Seller, in the modes as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.

 

  1. com shall provide the necessary backend infrastructure, like call centre, order management system, etc., for capturing the Buyer/order details placed on the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging and dispatch of product to the end Buyers. Mallfort.com will separately inform the Seller regarding the modalities involved to access the Orders of Buyers, by way of direct access through a “Seller Panel” and packaging guidelines shall be shared through email. Seller shall provide content & images of its products to be displayed at Website. Seller will update the dispatch details on the Seller Panel provided by Mallfort.com or any other mode as may be notified by Mallfort.com from time to time.

 

  1. On receipt of the Order, Seller will make the products ready for dispatch along with corresponding invoices in favor of buyer within agreed timelines. In case of delay, Mallfort.com will be immediately informed by Seller, along with the expected time of dispatch, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch Buyer within the period as stipulated above, Mallfort.com will be nonetheless be entitled to the marketing fee on the product as agreed to in this Agreement. However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Mallfort.com from time to time. Seller also undertakes that it shall not promote its products, services, offers, packages, etc to the Buyer directly, indirectly and /or through email, sms or any other electronic or physical mode.

IV.FINANCIAL/PAYMENTTERMS:

 

  1. The Seller agrees and acknowledges that it will pay the marketing fees, courier fees and payment collection fees as mentioned in standard format attached herewith in Annexure-1 for all the orders received through Mallfort.com.

 

  1. Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the Website, Seller will be responsible for payment of all applicable sales tax/VAT. Seller authorizes Mallfort.com in the capacity of marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the market Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by the Mallfort.com from time to time. However, Seller will have full right to withdraw the products from website; if it dissents with price discovered by Mallfort.com and has notified the same to Mallfort.com. All such withdrawals will take effect within 12- 24 hours from notification to the Mallfort.com. Mallfort.com further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website.

 

  1. Seller is agreed to pay the cancellation fee in the event, if seller does not process the order or ship the order within 48 hours or cancel the order deliberately. The cancellation fee is provided in the Annexure-1

 

  1. MALLFORT.COM will not charge for online product catalogue management for sellers where the number of products in catalogue less than 1000. Currently, there is no fee and any change will be communicated later to seller.

 

  1. There is a nominal success Fee attach on every product sold on mallfort.com and seller agrees to pay the same. Please refer to Annexure-1

 

  1. Mallfort.com shall release the payment on the following basis, Payment will be cleared weekly and the week starts from the product received by the customer. Example: order is received by the customer on 5th of June then payment will be cleared on 12th of June.

 

There might be 1 or 2 days exception only if there is a bank holiday or if there is any issue with the bank processing the payments

 

  1. Payment Limitations in O2O: The maximum limit of COD will be only 30000 rupees.

 

  1. Payments will be credited in sellers account within Delivery +3 day’s time.

Mallfort.com shall make the payment by way of account payee Cheque /RTGS/ NEFT after deducting Mall fee and applicable taxes as per Annexure-1.

 

 

V.SHIPPING AND RIGHTS OF BUYER:

 

  1. The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. As a large market place, Mallfort.com will extend its services toSellers by giving mandates to logistic partner for facilitating the smooth functioning of the transaction between the Seller andBuyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller. However, any damage to the product in transit due to mishandling by the logistic partner, Mallfort.com will facilitate the recovery from logistic partner. All orders placed on Website are covered under “Mallfort.com Return/Refund Policies” program; hereby Seller agrees to fulfill the commitments made under the abovementioned program specified at the Website at URLhttp://www.mallfort.com/sellerhub. The said program protects Buyer against inadequate or non-performance by Seller.

 

  1. The Seller hereby agrees to accept all sales return COD (Cash on Delivery) or Non COD (Non-Cash on Delivery), which are refused/not accepted by the Buyer at the time of delivery.

 

  1. Seller will offer standard manufacturers or seller warranty actually associated with the products. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing defect or damage, Seller shall issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the product at the time of dispatch of the products, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for reprisal of Buyer complaints will rest solely with the Seller at all times.

 

 

  1. INTANGIBLE PROPERTY RIGHTS:

 

  1. Seller recognizes and confirms that Mallfort.com has the exclusive right to supervise, allow and reject the contents of the Website. Mallfort.com shall not be liable for contents and images shared, uploaded or displayed on website by Seller regarding its products and all consequent liability will be borne by Seller only.

 

  1. Seller hereby grants to Mallfort.com the right to display/delist the product (as updated or to be updated by the Seller on the Seller panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Website. Seller represents that it has the necessary rights to grant such permission to Mallfort.com and agrees to indemnify Mallfort.com in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.

 

  1. Except as agreed to by the Parties, the data of Buyers will be the exclusive property of Mallfort.com, and Seller will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times Confidential information would include but not be limited to Buyer details, market information, all work products and documents related thereto, the contents of Mallfort.com website “www.mallfort.com” or any other information which is treated as confidential by Mallfort.com, and any other information received or to be received by Seller which is agreed to be treated under the same terms. The Seller also undertakes to fully indemnify Mallfort.com against the breach of this clause.

 

  1. Seller agrees to provide the rights to Mallfort.com inspection team to verify the product quality and authenticity. Mallfort.com inspection team may visit the seller location as well in case of any non-genuine product is found or any consumer complaints.

VII. REPRESENTAION AND WARRANTIES:

 

  1. Seller shall, at all times and to the complete satisfaction of Mallfort.com and without demur indemnify and hold Mallfort.com harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including legal fees) or damages asserted against Mallfort.com by the Buyer or any third party arising out of Seller’s actions or omissions in connection with the sale of Seller’s products and their performance during the period of this arrangement and for the products sold, even after the termination of this arrangement. Seller represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws.

 

  1. Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured and/or procured from the legitimate channel following all legal requirements. Seller further declares that it shall not violate the intangible property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible. The Declaration of Seller is annexed herewith as Annexure-2.

 

 

 

VIII. OTHERS:

 

  1. If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996,by a panel of 3 (three) arbitrators. Each Party will appoint 1 (one) arbitrator and the 2 (two) arbitrators so appointed will appoint the third or the presiding arbitrator. Arbitration shall be held at New Delhi, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

 

  1. This agreement may be terminated by Mallfort.com or the Seller by giving 30 (thirty) days’ notice in writing. Provided, in the event of a material breach of the terms of this Agreement, Mallfort.com may terminate this Agreement at any time.

 

  1. Mallfort.com USP is to sell the authentic and genuine products on website called ‘www.mallfort.com”. Though Mallfort.com select partners only authorized retailers or anyone who has rights to sell the brand. Any retailer who sells on Mallfort.com identify selling “Fake”,

 

“Non-Genuine” products on www.mallfort.com, will be blacklisted from Mallfort.com. Apart from that, Seller agrees to pay the penalties imposed by Mallfort.com.. In this event, Arisol Technologies has right to take any legal action on the seller.

 

  1. Seller on www.mallfort.com agrees to understand and follow all of thepolicies provided in the Merchant PoS(i.e. seller panel for inventory/order management).

 

 

  1. Both parties agree for followings:-

 

The given rights under this agreement may not be assigned or transferred by both the parties without taken the written consent from the other party.

 

If any provision of this agreement is impacted due to any jurisdiction of court or tribunal then such provision shall be modified to the minimum required extent with the consent of each party. All other T&Cs will remain same and untouched.

 

IN WITNESS WHEREOF the both Parties hereto have entered into this Agreement the day and yearherein above written.

 

Signed and Delivered by The Authorized Representative of Parties to this agreement:

 

 

For and on behalf of                                                                             For and on behalf of

Seller Name:___________________________                                         Arisol Technologies Pvt. Ltd.

 

Date:                                                                                                    Name:

Seller Initials:                                                                                        Designation:

 

 

 

 

 

(Authorised Signatory)                                                                                       (Authorised Signatory)

 

 

Annexure I

 

 

 

  1. Commission Fee:

 

Seller agrees to pay the Mallfort.com commission fee as described in the table below:

 

S.No.

Category Description

Commission Fee(%)

1

Apparel (Men & Women)

 10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Please note that there may be promotional rates and Mallfort.com has rights to change the price anytime with the prior notice. The above prices are subject to Aug-01-2016.

 

Promotional rate is subject to change in future and communicate the merchant before taken in to effectiveness on Mallfort.com

 

  1. Success Fee:

 

Currently there is no Success fee as a promotional from Mallfort.com. There may be nominal success Fee on each item is sold.

 

  1. Shipping Fee for Online Sale:

 

Seller agrees to pay the shipping fees as described below:

 

S.No.

Weight

Amount(INR)

1

Up to 500 gms

55

2

For each additional 500 gms

50

 

 

  1. Parcels would be charged either by actual or volumetric weight, whichever is higher. For volumetric weight,

 

  1. Air :- Vol. Weight = (( L x B x H) x cm)/5000 / Surface : Vol. Weight = (( L x B x H) x cm)/4000

 

  1. There may be price difference for the diplomatic locations and seller agrees to pay the same. Diplomatic locations are – (AGARTALA / AIZAWL/ IMPHAL/PORTBLAIR).

 

 

Shipping policy for Nearby Sale:

 

Standard: 3PL.

 

2 HR delivery:

 

  1. The product will be picked up by Mallfort.com Delivery Fleet (Mr. Quick) and the same will be delivered at the door step of buyer/customer as per committed timeline. Please note that delivery time varies from product to product like heavy products in terms of physical weight or volumetric weight will always take more time.

 

 

 

 

 

S.No.

Weight

 

Amount(INR)

1

Upto 500 gms

 

50

2

For each additional 500 gms

 

25

 

 

 

 

  1. Cancellation Fee:

 

Sellers agree to pay 2% of the order value for seller-fulfilled orders that are cancelled. A Cancellation Charge of 2% is applicable in case:

 

  1. If a seller cancels an order for any reason other than a buyer requested cancellation (Only cancellations requested by buyers through mallfort.com website are considered as buyer requested cancellations and will be free from cancellation charge).

 

  1. An order will be cancelled automatically if the seller does not shipped or mark the order status as shipped within 48 hours of order received.

 

  1. For heavy items or big items in volume, price will be charged as per the actual amount charge by our Third party shipping companies.

 

 

Note: In addition to all Fees mentioned from point number 1 to 4, Seller agrees to pay Service tax 15 % if applicable.

 

  1. In case of any return or replacement of product due to any reason, seller agrees to pay the charges as described below:

 

 

Description

Shipping

 

Reverse

 

Commission Fee

 

charge

 

Shipping

 

 

Damaged/Defected/Incorrect

Paid by Seller

 

Paid by Seller

 

Paid by Seller

product delivery

 

 

 

 

 

 

 

 

 

 

 

Order Cancellation due to

Not Applicable

 

Not Applicable

 

Cancellation fees will be

seller(Any reason)

 

 

 

 

charged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Description

Shipping

 

Reverse

 

Commission Fee

 

 

charge

 

Shipping

 

 

 

Replacement of product due

Paid by Seller

 

Not Applicable

 

Not Applicable

 

to Damaged /Defected

 

 

 

 

 

 

/Incorrect product delivery

 

 

 

 

 

 

 

 

 

 

 

 

 

Replacement due to buyers

Paid by Mallfort.com

 

Paid by Buyer

 

Not Applicable

 

change of requirement

 

 

 

 

 

 

 

 

 

 

 

 

 

Customer change of Mind

Paid by Mallfort.com

 

Paid by Mallfort.com

 

Not Applicable

 

and refused to accept the

 

 

 

 

 

 

order(only COD)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Return policy- O2O

 

Standard Policy - Delivery + 3 days for O2O and online both

 

  1. If the product is delivered by Mallfort.com delivery fleet, the SLA is for 2-4 hours.

 

NoQuestion asked: Mallfort.com delivery boy will ask customer to retain or return. In this case, Shopowner has to accept the return. (This is not applicable for packed electronics, heave appliances etc.)

 

  1. In case the product is Dead or any part missing or not working condition or wrong product then seller will have to accept the return.

 

Customers can visit the store to return the product within the given SLAs mentioned in the policy. In this case also the return has to be initiated on mallfort.com; in case return is not initiated on Mallfort.com then Mallfort.com is not liable for any dispute or losses.

 

 

 

Annexure II

 

 

 

 

To whomsoever it may Concern

 

 

This is hereby declared by the seller that they have the requisite permission/authorization to deal in the products represented by the brands

 

________________________________________________________________________. Seller has procured the original, genuine and authentic products from the brand/product legal owners and authorized to enter into this agreement with Arisol Technologies Private Limited allowing in and/or its agents/marketing partners to display with the objective to distribute and sell the products to the buyers/end consumers.

 

The is declared and confirmed by the seller to fulfillment of its obligations under this MOU, it will not infringe ay intangible property rights of Mallfort.com or any other concerned party.

 

 

Seller Name:___________________________

 

Date:

 

Seller Initials:

 

Place:

 

(Authorised Signatory)

 

Next