Your use of the Platform and the features therein is governed by the following terms and conditions (in addition to the TOU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Bauzooka, and these terms and conditions including the policies constitute your binding obligations to Bauzooka.
In using the Bauzooka.com platform, you as a Seller are deemed to have accepted the terms and conditions listed below. Bauzooka.com reserves the right to add, delete, alter or modify these terms and conditions at any time. The Seller is therefore advised to carefully read these terms and conditions each time he or she uses the shopping service(s) of Bauzooka.com. By placing an order the Registered User is authorizing the company to pass on the order to the respective merchant / vendor / self and make sure the product is delivered to the given address.
Bauzooka is an Intermediary (in terms of Information Technology Act, 2000 as amended) who has made available the said Platform, therefore cannot be a party to any transaction or dispute between the parties upon the Platform.
All contractual terms are offered by the seller and agreed upon between you and buyers alone. The contractual terms include (without limitation) price, payment methods and terms, shipping costs, period, and mode of delivery, and warranties and after-sales services related to products and services. Bauzooka does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such contractual terms between you and buyers.
Bauzooka does not make any representations or warranties regarding specifics (such as quality, sale-ability or value) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Bauzooka does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Bauzooka accepts no liability for any errors or omissions of third parties in relation to the products and services.
Bauzooka is not responsible for any non-performance or breach of any contract between sellers and buyers. Bauzooka cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Bauzooka shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
Bauzooka does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
Bauzooka does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
At no time shall Bauzooka hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Bauzooka is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Bauzooka only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
You release and indemnify Bauzooka and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Bauzooka cannot control the information provided by other users which is made available on the Platform. You may find other user\'s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretences.
Further, as a seller you agree and understand that:
Bauzooka and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Bauzooka shall bear no responsibility or liability in relation to or arising out of third party user generated content. Bauzooka neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Bauzooka is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an \"Antiquity\" or \"Art treasure\" as defined in the Act (\"Artwork\"), you shall indicate that such Artwork is \"non-exportable\" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform.
You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Bauzooka’s views. In no event shall Bauzooka assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have the necessary rights to all the content you provide and all the information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libellous, tortious, or otherwise unlawful information.
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies. Foremost, you must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale.
Bauzooka policies does not allow prohibited, restricted, and potentially infringing items for sale on its Platform.
a) Prohibited Items:
Chance listings that promote giveaways, random drawings or prizes.
Firearms, weapons, and knives.
Prohibited services, which include services that are illegal or sexual in nature
Any other item considered to be illegal or involve strict federal or state regulations.
b) Restricted Items, subject to certain conditions:
Food and healthcare items.
c) Potentially Infringing Items:
Replicas, counterfeit items, and unauthorized copies.
You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. You\'re not allowed to use other members\' content.
Sellers can\'t deny or reject any knowledge of or responsibility for the authenticity or legality their items. And remember offering a prohibited, restricted, or potentially infringing item for free (rather than for sale) won\'t protect you from potential liability.
Sellers have to select a category that matches the item for sale. Provide a clear, honest, and accurate description about the item as a text. Avoid tactics like keyword spamming because they make it hard for people to find what they\'re looking for.
It\'s against our policies to do anything that manipulates the search or browse experience on Bauzooka. This applies to all parts of a listing, including the title, subtitle, product details, description, pictures, links, and meta tags. If you use tactics that can inappropriately divert bidders and buyers to a listing, we will take action. Kindly note:
Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale.
All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe the actual condition of the product.
If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer.
You agree not to list a single product in multiple quantities across various categories on the Platform. Bauzooka reserves the right to delete such multiple listings of the same product listed by you in various categories.
Bauzooka reserves the right to restrict the selling of products originating from certain countries.
For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms as provided at _______.
Compliance as to GST Tax Law
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies affected and remittance of the same to the Government. Bauzooka shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Bauzooka to correspond with the relevant authorities and also in the case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account.
In the event of you providing your Input Service Distributor Registration Number, Bauzooka would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Bauzooka liable or responsible for non–delivery, non-receipt, non-payment, damage, 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.
You have specifically authorized Bauzooka or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Bauzooka is on a principal to principal basis and by accepting the ToU, you agree that Bauzooka is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Bauzooka does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
You understand, accept, and agree that the payment facility provided by Bauzooka is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Bauzooka neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch of products and/or services
You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Bauzooka will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform.
Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Bauzooka in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Bauzooka on demand within the time frame as notified from time to time.
Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) Buyer’s refund claim is rejected by Bauzooka due to any breach of the ToU, policies, and any applicable law;
Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Bauzooka.
Registration on the Platform is free. Bauzooka does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, as it may be introduced. Bauzooka reserves the right to change its fee policy from time to time. In particular, Bauzooka may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Bauzooka reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Bauzooka. You shall be solely responsible for compliance with all applicable laws for making payments to Bauzooka.
You hereby agree that Bauzooka shall have the right to set off any amounts due and payable by You to Bauzooka against any payments due from Bauzooka to You.
GST /Taxes: You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
A seller agrees that Bauzooka may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Bauzooka, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but as a privilege. Eligible sellers understand that Bauzooka reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Bauzooka’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Bauzooka from time to time.
A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Bauzooka’ and failing to do so, the seller shall be liable to chargebacks (as applicable).
In case of any chargebacks levied by the bank, Bauzooka shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full cooperation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Bauzooka shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Bauzooka has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Bauzooka to the seller.
Bauzooka may delay notifying the payment confirmation, i.e. informing seller to dispatch if Bauzooka deems suspicious or a buyer conducts high transaction volumes to ensure the safety of the transaction and transaction price. In addition, Bauzooka may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
Sellers acknowledge that Bauzooka will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Bauzooka.
Bauzooka shall make payments into the bank account provided by a seller during the seller registration process. Once Bauzooka has made payments into such a bank account number, Bauzooka shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance with Laws:
Seller shall comply with all applicable laws, including but not limited to Food Safety and Standard Authority of India (FSSAI) and obtain all necessary licences and permits applicable to them.
In the event of sale of jewellery, seller shall provide hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be the sole responsibility of the seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Bauzooka shall not be liable whatsoever for any non-compliance in this regard.
In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Bauzooka hereby disclaims any responsibility for conducting Buyer KYC.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:
if we are unable to verify or authenticate any information you provide; or
if it is believed that your actions may cause legal liability for you, other users, or us;
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Bauzooka makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Bauzooka is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent that local laws are applicable.
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to ________________.
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Mr. Kapil Bhasin
M/s Sampada Synthetics
Uttar Pradesh, India
Phone: +91- 562-___________
Time: Mon – Fri (10:00 – 18:00)