1. DEFINITIONS
Personal Data1.1 "Seller" denotes the wholesale distributors and/or producers registered with BaddaMart and /or BaddaMart itself.
1.2. "Buyer" denotes customer who buys goods from Seller and whose name is printed on the Order.
1.3. “BaddaMart ” is an online B2B application which act as a trading platform between “seller and buyer” and also act as a seller by itself.
1.4. "Goods" – any final or intermediary products ordered by the “buyer” (including any installment of the goods or any parts for them which the Seller is to sell in accordance with these Terms and Conditions) through with BaddaMart .
1.5. "Order" – the Buyer's order for goods through the Electronic Ordering PlatformBaddaMart
1.6. “Multiple Orders”- there is more than one accepted Order of Goods by Seller
1.7. "Order Confirmation"-is an electronic confirmation pursuant to Clause 3.3.
1.8. "Price" means the price listed in the BaddaMart Online Trading Platform at which the Seller has agreed to accept the Buyer's order
1.9. "Terms and Conditions" - the standard terms and conditions of sale provided in this document.
1.10. “Delivery” denotes the goods ordered by the buyer with BaddaMart and shall be delivered at their door steps
2.BASIS OF THE SALE
2.1. The Terms and Conditions and Special Conditions (if any) provided in the BaddaMart shall be the basis of the sale and the buyer may purport to apply under any purchase order, confirmation of order or other document.
3.ORDERS AND SPECIFICATIONS
3.1. Delivery confirmation of all the ordered goods is subject to the Seller's acceptance of the Order.
3.2. Minimum order value of any order is subject to the policy of the supplier’s listed in BaddaMart Online Trading Platform, and any order of the buyer shall be in accordance with the minimum order value policy.
3.3. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Buyer with document.
3.4. Any document/letter published or submitted by the Seller to BaddaMart which, contains any descriptions, specifications, pictures/photos, or prices of the Goods is published or submitted for guidance only.
3.5. The BaddaMart reserves the right to make minor modifications in pictures/photos (if any) and description of the Goods listed without notice to the Buyer but agrees to notify the Buyer if any major material modifications which the Buyer shall be deemed to have accepted (in case of post ordering of goods).
3.6. The BaddaMart will ensure that the maximum delivery time is Three working days anywhere in the country according to the availability and size of the goods.
3.7. However, is there any delay in delivery due to out of stock shall be informed to the Buyer within 12 working hours of the order.
3.8. The working hours are 9 AM – 1 PM and 2 PM – 6PM
4.PRICE &PAYMENT
4.1. The Buyer liable to pay/transfer the Price of goods ordered by using debit/credit cards, and/or any electronic payment system as per the payment conditions mentioned in the invoice. In case, any difficulty arises in digital money transfer, the delivery person is authorized to collect the amount. In this case, the delivery person will issue a payment receipt for the exact amount received
4.2. The seller is not entitled to increase the prices of the products in any circumstances once the order is received.
4.3. If any Price changes between the date of acceptance of the Buyer's order and delivery of the Goods by the Seller, the Seller is liable to honor the listed price at the time of order by the Buyer.
5.DELIVERY
5.1. The Seller shall ensure adequate stock of items listed in the BaddaMart online Trading Platform. Moreover, the Seller is liable to monitor and notify the stock of goods time to time to keep sufficient stock of goods.
5.2. The Seller shall be delivered goods within Three working days up on receiving the electronic copy of LPO (Local Purchase Order)
5.3. The place for delivery of the Goods will be agreed between the Seller and the Buyer and shown on the Order Confirmation. If no place for delivery is shown, the Seller may deliver the Goods by either: (a) notifying the Buyer that the Goods are ready for collection from premises nominated by the Seller ("the Seller's premises); or (b) Delivering the Goods at any address agreed between the Seller and the Buyer.
5.4. In the case of delivery in accordance with Condition 5.3(a), the Buyer is responsible for loading and unloading of goods and the Buyer will be liable for any damage to the Goods or losses occurring during loading and unloading. In case of delivery in accordance with Condition 5.3(b), the Goods will be, or will be deemed to be, unloaded by the Buyer and the Buyer will be liable for any damage to the Goods or losses occurring during unloading.
5.5. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the terms and conditions and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from a delay in the delivery of the Goods howsoever caused.
5.6. However, the buyer has the right to cancel the order, (1) if, the Seller failed to deliver the order even after 3 working days. (2) The products differ in terms of label, quantity, brand etc. (3) Damages of packaging
5.7. The Buyer or, where relevant, the representative to whom delivery is made in accordance with Condition 5.2, must inspect the Goods on delivery and accept electronically by receiving the inspected goods or sign the required proof of delivery document or collection acceptance document. An acceptance in the electronic device or a signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage and in no circumstances will the Seller accept a return of Goods or any other liability regarding apparent defect or damage where such Goods have previously been installed by or on behalf of the Buyer.
5.8. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery or an instalment a delivery. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing with proof at the time of delivery and signed by or on behalf of the Buyer or, where relevant, the person to whom delivery is made in accordance with Condition 5.2
5.9. The Seller reserves the right to make delivery of the Goods by instalments (if any, up on the availability of goods). However, it is the Buyer choice to accept the 2nd installment and/or cancel the order.
5.10. The Buyer shall not be returned the received goods to the Seller without prior arrangement confirmed in writing by the Seller.
5.11. In the event, the Buyer requests a delay in delivery of the Goods, which request is made less than 12 hours prior to the agreed date for delivery, if not so, the Seller reserves the right to charge, and the Buyer shall pay the full difference of any delivery cost of the Goods on the delayed date.
6.RISK
6.1. Risk of damage to or loss of the Goods will pass to the Buyer; (a) Any damage after receiving the goods which were received and certified by the Buyer or buyer’s representative in good condition/packaging. or (b) in case of Goods delivered at Seller's premises, which were received and certified by Buyer or buyer’s representative in good condition and packaging.
7.LIABILITY
7.1. BaddaMart will not be responsible for any loss of the buyer due to (a) in case of cancellation of orders after processing the order (b) in case of changes in quantity of goods after processing the order due to any circumstance, (c) in case of any damages of goods not notified properly on or before accepting the goods
7.2. BaddaMart will not be responsible for any loss, damage, costs or expenses (including loss of profit) arising due to any failure or delay of performing any of the obligations under the terms and conditions
7.3. Force Majeure: BaddaMart is not responsible for any loss, damage, costs or expenses (including loss of profit) in the event or circumstance outside the control of the Seller, (including but not limited to), such as any strikes, lockout, industrial disputes, labor disputes, riots, insurrections, civil disturbances, natural calamities, shortages of labor or materials, fires industrial action, failure of power supplies or equipment, Internet failures, electrical power failures government action or Act of God.
8.INSOLVENCY OF THE BUYER
8.1. If BaddaMart reasonably believes that the Buyer has or is about to cease trading or has become insolvent or has entered or is about to enter into receivership or liquidation, then BaddaMart has the right to terminate the contract or suspend any further deliveries under the contract without any liability to BaddaMart.
Law enforcement
9.1. Both Seller and Buyer irrevocably agree that the courts of India are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
10. GUARANTEE
10.1. Delivery of goods on the condition that the goods are supplied within the manufactures guidelines and are not modified and/or damaged through any action or inaction of the mediator/Buyer.
11. CANCELLATION OF ORDER
11.1. The Buyer can cancel any order for goods made directly through the BaddaMart Online Trading Platform in the following circumstances: (1) For any reason, within 3 working hours after placing the order, (2) In case of out of stock of goods for unreasonable time (3) in case of damaged or defective goods when delivery of the goods.
12. APPLICATION AND ACCEPTANCE OF THE TERMS
12.1. BaddaMart may amend any terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
12.2. As a condition of Buyer (who registered with BaddaMart Online Trading Platform) access to and use of the Sites or Services, agree that the Buyer will comply with all applicable laws and regulations when accessing or using the Sites or Services.
12.3. The Buyer agree that (a) will not copy, reproduce, download, re-publish, sell, distribute or resell any services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc., available on or through the Sites, and (b) will not copy, reproduce, download, compile or otherwise use any site Content for the purposes of operating a business that competes with BaddaMart or otherwise commercially exploiting the site content. systematic retrieval of site content from the sites to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BaddaMart is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
12.4. The Buyer agrees not to undertake any action which may undermine the integrity of s ….. BaddaMart feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
12.5. BaddaMart) and the Buyer are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms
12.6. BaddaMart reserves the right in our sole discretion to remove, modify or reject any user content that the Buyer submit to, post, or display on the BaddaMart site which we reasonably believe is unlawful, violates the terms.
12.7. BaddaMart reserves the ownership of all the data collected through the trading platform and has the right to use all the data collected platform for future growth and development.
12.8. BaddaMart may launch, change, upgrade, impose any conditions and contents to, suspend, or stop any services (or any features within the services) without notice
12.9. BaddaMart reserve the right to restrict the access to use of certain services (or any features within the services).
13. TRANSACTIONS BETWEEN RETAILER AND WHOLESALER
13.1. The BaddaMart provides electronic online trading platforms in multiple forms (web based, android, iOS) for exchanging information and fulfill the orders between buyers and sellers of products subjects to the clauses published in. However, for any Services, BaddaMart does not represent either the seller or the buyer in specific transactions BaddaMart does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale from outside supplier on the BaddaMart Online Trading Platform.
14. PARTNER RESPONSIBILITIES
14.1. The Buyer/seller will be required to provide information and material (if necessary) about their entity, business, or products/services as part of the registration process on the BaddaMart.
14.2. The Buyer/Seller represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Service is true, accurate, update and complete, and (b) each partner will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
14.3. Upon becoming a trade partner with BaddaMart , the Buyer/seller agrees to the inclusion of the contact information in BaddaMart database and authorize BaddaMart online Trading Platform and its affiliates to share the contact information with other users or otherwise use Partner’s personal information in accordance with the privacy policy.