40/1A, Lavelle Road 560001 Bengaluru IN
goPick
40/1A, Lavelle Road Bengaluru, IN
+919096644412 //cdn.storehippo.com/s/61b7d11aed0a9599b35869b3/6200b547d93cc05e5cc6197f/webp/gopick-final-logo-480x480.png" care@gopick.in

Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 & rules there under as applicable & the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system & does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 that require publishing the rules & regulations, privacy policy & Terms of Use for access or usage of domain name/website [www.servcart.in/www.gopick.in](“Website”), including the related mobile application (hereinafter referred to as “Website”). 

This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who accesses or use or transact on the Website & avail Service for a commercial purpose only & ServCart Retail Technologies Private Limited (referred to as “we”, “our”, “the Company”, “us”, “Company or “Servcart” or “goPick” hereinafter). You acknowledge & agree that the Website is a business-to-business (B2B) website & provides services to business entities only. 

We reserve the right, at our sole discretion to amend/modify/update or remove portions of these terms & conditions & & such other rules & policies of the Website (including but not limited to Return Shipments    Policy, Undelivered    Shipment    Policy, Privacy    Policy, Product    Listing    Policy, Infringement Policy, Anti-Counterfeiting    Policy) without any prior written notice to you. Your continuous accessing, browsing, or otherwise using the Website or using the Services, including following the posting of changes, will mean that the User agrees to accept & be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates/changes. The User may choose not to use the Services or access the Website if you do not accept the Terms or are unable to be bound by the Terms. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.  

By implication or by expressly accepting these Terms, You also accept & agree to be bound by any amendments, updates & modifications to the Terms & the other policies (including but not limited to, Privacy Policy), as may be amended, updated & modified from time to time. 

Additional terms & conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Website, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, for all of which terms are to be read as part of these Terms. You agree to abide by such other terms & conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms & the terms posted for or applicable to a specific portion of the Website or for any specific service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.  

For ease of reference, this document is divided into the following sections: 

  1. General Terms Applicable to all Users on the Website; 
  2. Terms applicable to Buyers (“Buyer Terms”); & 
  3. Terms applicable to Sellers (“Seller Terms”)

If you (by itself or through your representatives) intend to make a purchase or have placed an order on the Website for commercial purposes (“Buyer”), Section I. & II. shall be applicable to your use & access of the Website & its Services thereof. 

If you (by yourself or through your representatives) intend to offer your products for sale or are selling your products to Buyers through the Website (“Seller”), Section I. & III. shall be applicable to your use & access of the Website & its Services thereof. 

  1. General Terms 
  1. Effective date These Terms of Use shall come into force with effect from 0000 hours of 10th Feb
  2. Application & acceptance of terms 
  1. Your use of the Website & The Company’s services, features, functionality, software & products (collectively the “Services” hereinafter) is subject to the terms & conditions contained in this document as well as the Privacy    Policy, The    Product    Listing    Policy, The    Infringement    Policy, The    Return    Shipments Policy, The     Undelivered     Shipment     Policy, Anti-Counterfeiting     Policy & any other rules & policies of the Website that The Company may publish from time to time. 
  2. Please The Company Privacy     Policy which governs the collection, use, & disclosure of personal information about Users. You accept the terms of the Privacy Policy & agree to the use of the personal information about you in accordance with the Privacy Policy.  
  1. Provision of services 
  1. For accessing & using our website services, You must register on the Website. Further, The Company reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that The Company may impose in its discretion.  
  2. In case you avail services while accessing the Website, that may be supported and/or provided by the third-party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. The Company will not be a party to the contract & disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s). 

iii. User agrees & confirms that any Services provided to you by The Company are on a best-effort basis & The Company may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control. 

  1. The User acknowledges that the Services are being provided to you on an ‘as is’ & ‘as available’ basis & may be interrupted while browsing, transacting, using or uploading information on the Website. The User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion. 
  2. The Company may at any time at its discretion with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact the provision of other services or other business arrangements or agreements which the User may have entered into with The Company. 

 

  1. Eligibility 

The Website is available for use & access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state, or agency of a state or any association, trust, joint venture, consortium, or a partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India. User must not use the Website & its Services for their personal use & the Website shall be used by the User only for their business purposes. 

  1. User Accounts & Verification of Account 
  1. Users have to be registered on the Website to access or avail the Services for its commercial purposes. You agree & acknowledge that you will transact on the Website only for your business purposes & not for personal use. Except with The Company’s approval, one User may only register one account on the Website. The Company may cancel or terminate a User’s account if The Company has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, The Company may reject the User’s application, without assigning any reasons thereof, for registration for any other reason. 
  2. A set of User ID & OTP (One Time Password) / password is unique to a single account. Any action triggered on your User account on the Website or by using the unique OTP will be deemed to have been authorized by you & with your express consent. You shall be solely responsible for maintaining the confidentiality & security of your User ID & password & for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Website or other communications) will be deemed to have been authorized by you. 

iii. When you access the Website you are electronically communicating with The Company. The Company may communicate with you by e-mail, SMS, WhatsApp messages or through other modes of communication, phone call, or by posting notices on the Website or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages) in the above manner, from The Company with respect to your use of the Website & it shall be deemed by your continued use of the Website that you agree & consent to receiving any communications from The Company.  

Iv. While registering the User Account on the Website you will be required to furnish details about you & with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/or any other information that may be required by The Company to provide in relation to your business. You agree & acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Website. You agree to furnish additional information & provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your User account information. If any information provided by you is found to be incorrect or misleading, The Company reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such a third-party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you & your business, from time to time & you consent to provide such additional information to continue using the Website. 

 

  1. General 
  1. You agree that (a) you 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 Website (the “Website Content”), & (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with The Company, or otherwise commercially exploiting the Website Content or systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes). 
  2. The Company may allow Users access to content, products, or services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise), API, or otherwise to such third parties websites. You are cautioned to read such third parties terms & conditions and/or privacy policies before using the Website with respect to such content, products, or services that you may avail. You acknowledge that The Company has no control over such third parties' websites & shall not be responsible or liable to anyone for such websites, or any content, products, or services made available on such web sites.

 

iii. You agree not to undertake any action which may undermine the integrity of The Company’s feedback system. 

  1. You agree that the Services shall be availed by you only for commercial purposes that are for sale or purchase of products for further distribution or sale i.e B2B (Business to Business). You further agree that you will not use the Website or any of its Services thereof for your personal use or consumption. 
  2. By posting or displaying any information, content, or material (“User Content”) on the Website or providing any User Content to The Company or our representative(s), you grant perpetual, worldwide, royalty-free, & sub-licensable license to The Company to display, transmit, distribute, reproduce, publish, translate, & otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner & for any purpose which may be beneficial to the operation of the Website, the provision of any Services and/or the business of the User. You confirm & warrant to The Company that you have all the rights, power & authority necessary to grant the above license. 
  3. User agrees, undertakes, & confirms that User’s use of Website shall be strictly governed by the following binding principles: 
  1. User shall not host, display, upload, modify, publish, transmit, store, update or share any information which: 
  1. Does not belong to the User & to which you do not have any right to; 
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or otherwise inconsistent with or contrary to the laws in force; 
  3. is misleading in any way; 
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; 
  5. harasses or advocates harassment of another person; 
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using The Company’s communication Website; 
  7. promotes any illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 
  8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity; 
  9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); 
  11. provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; 
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
  13. contains video, photographs, or images of another person (with a minor or an adult); 
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend/connection request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 
  15. engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising & pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, The Company's prior written consent means a communication coming from The Company's Legal Department, specifically in response to your request, & specifically addressing the activity or conduct for which you seek authorization; 
  16. solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal; 
  17. interferes with another User’s use & enjoyment of the Website or enjoyment of any similar Services; 
  18. refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of use; 
  19. harms minors in any way; 
  20. infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; 
  21. violates any law for the time being in force; 
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature  
  23. impersonates another person/entity/identity; 
  24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; 
  25. threatens or undermines the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. 
  26. shall not be false, inaccurate, or misleading; 
  27. shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 
  28. shall not create liability for The Company or cause The Company to lose (in whole or in part) the Services of our internet service provider ("ISPs") or other suppliers. 
  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content on the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activity. 
  2. You shall not make any negative, defamatory or denigrating statement(s) about The Company, or our brand name or domain name used by The Company including the terms The Company, The Company Express, the Company.in (& other brand names, registered for & by The Company, listed out in Annexure-A) or otherwise act in any manner that might tarnish the reputation or standing, of The Company or Users on the Website or otherwise tarnish or dilute any of The Company’s trademarks, service marks, trading name, or the goodwill associated with them. 
  3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 & rules thereunder as applicable & as amended from time to time. 
  4. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. 
  5. Unless expressly permitted, the User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other User, including any account on the Website not owned by User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website. 
  6. Each User agrees to indemnify The Company, its affiliates, directors, employees, agents & representatives & to hold them harmless, from any & all damages, losses, claims & liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Website or Services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third-party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct. 
  7. Each User shall at all times, adhere to our Code of Conduct available at https://gopick.in/pages/code-of-conduct/md while discharging their obligations under the Terms. 
  8. Breaches & Suspension
  9. If any User breaches any Terms, or if The Company has reasonable grounds to believe that a User is in breach of any Terms, or could subject The Company or its affiliates to liability, or is otherwise found inappropriate or unlawful in The Company’s opinion, The Company shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: 
  1. suspending or terminating the User’s account & any & all accounts determined to be related to such account by The Company in its discretion; 
  2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; 
  3. removing any product listings or other User Content that the User has submitted, posted or displayed; 
  4. withhold settlement of payments by The Company to the User; 
  5. any other corrective actions, discipline or penalties as The Company may deem necessary or appropriate in its sole discretion. 
  1. The Company may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Website & if The Company determines that any content or information is in violation of these Terms, The Company may remove such content or information from the Website without notice. Such actions do not in any manner negate or dilute The Company’s position as an intermediary or impose any liability on The Company with respect to content or information posted, published, or transmitted by Users on the Website. 

iii. Notwithstanding anything contained herein these Terms, The Company may with or without notice & in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behavior of the User on the Website, etc. 

  1. In the event a User becomes inactive or if no transaction is noticed by The Company, in such a case The Company reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User. 
  2. The Company reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing, and/or any third parties alleging a claim against you. Further, The Company may disclose the User's identity & contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. 
  3. If it comes to the knowledge of The Company or The Company reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, The Company shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account & any & all accounts determined to be related to such account. 
  4. A platform for Transactions & Communication between Buyer & Seller
  5. The website is a platform that is utilized to meet & interact with one another for their transactions. The Company is merely a facilitator & is not & cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Website between the website Users. 
  6. When a product is listed for sale on the Website by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer & the Seller. Buyer agrees that The Company cannot & does not confirm each Seller’s purported identity. The Company encourages Buyers to exercise discretion & caution while dealing with various Sellers. 

iii. User further acknowledges & undertakes that it shall use the Website or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose & shall not use the products purchased for your personal use or consumption. 

  1. For any Services, The Company does not represent either the Seller or the Buyer in specific transactions. The Company does not control & is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Website, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title, or interest in the products sold through or displayed on the Website vest with The Company nor shall The Company have any obligations or liabilities in respect of any transactions on the Website. 
  2. Each User acknowledges that it is fully assuming the risks of conducting any purchase & sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Website or Services, & that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. User acknowledges & undertakes that it is transacting on the Website at its own risk & is using its best & prudent judgment before entering into any transactions through the Website. 
  3. The Company shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations, or warranties of the products & hereby expressly disclaims any & all responsibility & liability in that regard. The Company shall not mediate or resolve any dispute or disagreement between Buyer & the Seller of the products or any third party that is rendering services to you. 

vii. In the event that any User has a dispute with any party to a transaction such User agrees to release & indemnify The Company (& our agents, affiliates, directors, officers & employees) from all claims, demands, actions, proceedings, costs, expenses & damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from The Company site to avail of any independent services related to the transaction of buy-sell conducted on the Website from any third party. 

viii. We do not make any representations or warranty as to specifics (such as quality, value, salability, etc) pertaining to the information, content, products included on or delivery of the products or otherwise made available to User & User acknowledges that we are only acting as an intermediary between the Buyer & the Seller. User hereby further agrees, acknowledges & confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller & it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges & confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller & we will not be made a party to any such issue and/or dispute between the Seller & the Buyer. 

  1. The User(s) shall be solely responsible for obtaining all necessary third-party licenses & permissions (if any required under applicable law) regarding the right & authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services & such sale, trade, distribution or export or offer does not violate any applicable laws. 
  2. Limitation of Liability & Indemnity
  3. To the maximum extent permitted by law, the Services provided by The Company on or through the Website are provided on "as is" & "as available" basis without any representation & warranties, express or implied except otherwise specified in writing.  
  4. To the maximum extent permitted by law, The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness, or accurateness of any information provided on or through the Website; The Company does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third party rights; & The Company makes no representations or warranties of any kind concerning any product or service offered or displayed on the website. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of The Company for any claims that may arise in connection with these Terms shall not exceed an amount of INR 1000 / -. 

iii. Under no circumstances will The Company be liable for any consequential, incidental, special, exemplary, or punitive damages, including but not limited to any lost profits that result from your purchase of any products on the website or any services availed, even if The Company has been advised of the possibility of such damages.  

  1. Force Majeure
  2. The Company shall under no circumstances be held liable for any losses, delay or failure, or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties. 
  3. Intellectual Property Rights
  4. This website is controlled & operated by The Company & products are sold by respective sellers. The Company is the sole owner or lawful licensee of all the rights & interests in the Website & the Website Content. All title, ownership & intellectual property rights in the Website & Website Content shall remain with The Company or licensors of the Website Content, as the case may be. All rights not otherwise claimed under the Terms or by The Company are hereby reserved. 
  5. "GoPick" & any other related icons & logos are registered trademarks of ServCart Retail Technologies Private Limited, in various jurisdictions & are protected under applicable copyright, trademark & other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.  

iii. The Company may, at its sole discretion, permit the User(s) of the Website, in writing, to use “GoPick” & any other related icons & logos for indicative purposes in the form & manner & terms & conditions as may be agreed by The Company.

 

  1. All text, graphics, photographs, trademarks, logos, & artwork available or accessible on the Website are third-party User-generated content & The Company has no control over such third-party User-generated content as The Company is merely an intermediary for the purposes of these Terms of use. 

v.You shall be solely responsible for any content or information posted or transmitted on the Website & shall indemnify The Company against any claim or liability arising from any content or information posted or transmitted by You on the Website. Any content or information such as but not limited to images, text, videos posted or transmitted on the Website shall be licensed to The Company by the User uploading such content & The Company shall have the worldwide, fully paid-up, perpetual & transferable rights in such content. You shall not be entitled to any payment or compensation for any usage of the content by The Company. 

  1. Notices

i.All legal notices or demands to or upon The Company shall be made in writing & sent to The Company personally, by courier, certified mail, or facsimile to the following entity & address: ServCart Retail Technologies Private Limited, 175 & 176, Dollars Colony, Phase 4, JP Nagar, Bannerghatta Main Road, Bangalore - 560078, Attn: Legal Department. The notices shall be effective when they are received by The Company in any of the above-mentioned manners. 

  1. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to The Company, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge or through such other mode of communication as The Company may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if & when, a) The Company is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon The Company posting such notice on an area of the Website that is accessible by the User or publicly accessible without charge. 
  2. Miscellaneous Provisions
  3. Unless otherwise communicated to you by The Company, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User & The Company & govern the User’s use of the Website & any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Website & any of the Services. 
  4. Unless stated otherwise, we will be your one-stop solution for all the services (except credit) on the Website with effect from 00:00 hours on 10th Feb 2022 (“Cut-Off Date”), & any new transactions on the Website shall be governed by these Terms. It is clarified that any transaction made by you on the Website before the Cut-Off Date shall be governed by your arrangements with the relevant parties (i.e., third-party service providers) as existing prior to the Cut-Off Date. The erstwhile terms of use are available here. 

iii. The Company & User are independent contractors, & no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you & us is one of the independent contractors, & nothing contained in these Terms will be construed to (a) give either party the power to direct & control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever. 

  1. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted & the remaining provisions shall remain valid & be enforced. 
  2. The Company’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of The Company’s right to act with respect to subsequent or similar breaches. 
  3. The Company shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, & obligations & duties in the Terms to any person or entity (including any affiliates of The Company). User may not assign, in whole or part, the Terms to any third party or person. 

vii. The Terms shall be governed by the laws of India & the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India. 

  1. Grievance Mechanism
  2. The User may submit any grievance with respect to the Website or the Services, including with respect to any abuse on the Website and/or any discrepancies or grievances with respect to the processing of information to the Grievance Officer at the contact details mentioned in 14(B). We will endeavor to resolve your grievances & concerns within timelines as mentioned under applicable laws. 

ii.GRIEVANCE OFFICER 

Name: ServCart Retail Technologies Private Limited, 175 & 176, Dollars Colony, Phase 4, JP Nagar, Bannerghatta Main Road, Bangalore – 560078

Phone: +91-____________________

Email: care@gopick.in

Time: Mon-Sat (10:00 AM - 07:00 PM)

  1. Buyer Terms

The provisions of this section II shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms & in the event of any conflict between the General Terms & Buyer Terms, the provisions of Buyer Terms shall supersede & prevail. 

  1. Definitions: For the purposes of this Section, the following capitalized terms shall have the  following meaning: 

i.“Buyer” means a retailer or other business entity who is registered on the Platform of The Company & to whom Seller offers to sell or sells or from whom Seller receives offers to purchase the Products through the Platform. For ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Buyer. 

ii.“Consignee” shall mean the Buyer or any person named in the Delivery Note or any of his / her representatives that takes the delivery of Shipment being transported. 

iii.“Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products & products likely to harbor or encourage vermin or other pests. 

iv.“Delivery Note” shall mean the waybill or the waybill generated in compliance under the GST laws containing the essential information (as determined by us at our sole discretion) required for the performance of the logistics services, including name, delivery address & contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) & COD details (if applicable). 

v.“Logistics Services” means the shipping, delivery, including facilities provided for cash on delivery (“COD”) terms & other allied services provided by us to you pursuant to these Buyer Terms. 

vi.“Order(s)” shall mean an order placed by Buyer for purchasing Products from the Seller on the Website. 

vii.“Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, HSN codes applicable under the GST laws, details of the Seller & the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc. 

viii.“Product(s)” shall mean goods of any categories (other than Dangerous Goods as stated in clause iii above) that are displayed or offered for sale by the seller on the website. 

ix.“Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note & which may be carried by any means we choose in our discretion, including air, road or any other carrier. 

  1. Buyer’s Responsibilities, Representation & Warranties
  2. You represent, warrant & agree that: 
  1. you are a lawfully incorporated business entity & are fully able & competent to understand & agree to the Terms; 
  2. you have full power & authority to accept the Terms, to grant the license & authorization (if applicable) & to perform the obligations hereunder; 
  3. you will use the Website & its Services for business purposes only; 
  4. you will not use or access the Website for your personal purposes & any Products that you purchase shall be for commercial purposes & not for personal consumption; 
  5. the address you provide when registering your account on the Website is the Buyer place of business of your business entity & that it is declared in the registration certificate obtained under the GST & other statutory laws applicable to you; 
  6. your business is validly existing & incorporated / established as per the provisions of applicable laws; 
  7. you shall comply with all applicable laws while using & accessing the Website; 
  8. you & Products or services provided by you on the Website (if any) comply with applicable laws; 
  9. you shall be solely responsible for obtaining all necessary third party licenses & permissions (if any required) regarding any User Content that you submit, post or display; 
  10. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party. 
  1. Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Website or your use of any Service or the Buyer account & such information may be required to be furnished by The Company from time to time. Buyer represents, warrants & agrees that: 
  1. such information & material whether submitted during the registration process or thereafter throughout the continuation of the use of the Website or any Services is true, accurate, current & complete; & 
  2. Buyer will maintain & promptly amend all information & material to keep it true, accurate, current & complete. 

iii. Buyer may be required to promptly furnish additional documents or information as & when requested by The Company to continue using & accessing the Website & availing the Services. Buyer agrees to promptly provide such additional documents & information, failing The Company reserves its right to take appropriate measures as set out under Clause 7 (Breaches & Suspension) of the General Terms. 

  1. Buyer consents to the inclusion of the contact information about Buyer in The Company’s database & usage of the same as per The Company’s privacy policy.  
  2. Payments by Buyers
  1. Upon placing the Order on Website, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available / provided by us on the Website, from time to time. 
  2. At the time of placing the Order to purchase Products from Seller on Website, we may in our sole discretion require Buyer to pay an advance amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller (“Advance Amount”) towards confirmation & acceptance of order by the seller. Such Advance Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Advance Amount shall be non-interest bearing & shall be held in trust by us. This Advance Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, we may in our sole discretion either: 
  1. refund the Advance Amount to the Buyer; 
  2. forfeit the Advance Amount as cancellation fee; or 
  3. transfer the Advance Amount to Seller. 

You agree & acknowledge that our decision in this regard shall be final & binding. If you do not agree to the above, you may choose not to transact on the Website. If you continue to transact on the Website, it shall be deemed that you have agreed & accepted the above terms. 

  1. Buyer acknowledges that he is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer. Buyer acknowledges & agrees that we are acting merely as a payment collector & shall take no responsibility as to the legality of any payment transaction between the Seller & the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and / or authorised by the Buyer or its payment instructions. 
  2. We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller Terms. You hereby agree to be bound by the applicable provisions of the Seller Terms in this regard & agree not to raise any dispute with respect to the manner of settlement by The Company. 
  3. You hereby consent & agree to comply with guidelines, instructions, requests, terms & conditions etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Website. 
  4. Buyer hereby acknowledges & agrees that we shall not be liable for failure of any transaction undertaken on Website for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Seller, deficiency of service and / or Products delivered, technical errors on the Website. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Website. 
  5. In case of an occurrence of a dispute / chargeback event, we reserve our right to withhold the settlements to Seller, pending enquiries by the banks or any regulatory body till the resolution of such issues. 
  6. Buyer shall comply with all the applicable regulations / laws in relation to cash transaction as stipulated under the applicable tax laws. 
  7. Any refunds shall be subject to the Return Shipments Policy & Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies. 
  8. If you avail service from any third party service provider using the Website, upon receipt of instruction from such third party service provider, you agree & authorise us to remit & settle such collected payments (after deduction of our fees (if any) & any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller Terms. You agree & acknowledge that no separate authorisation will be required by us to collect & transfer payment to such third-party service provider. 
  9. Logistics Services
  1. We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you. 
  2. Upon receipt of order for Logistics Services from you, we shall pick up the Shipment from the location as communicated to us by the Seller & deliver the same to the location as designated / metioned on the delivery note / waybill by you. You agree that the title & risk in the Shipment shall pass onto you at the time the Shipment is picked up by us. 
  3. Upon receipt of Shipment from the Seller, we will use our best endeavours to deliver the Shipment(s) to the Consignee to the delivery address & designated recipient in the Delivery Note / waybill. We will not verify the identification of the person receiving the Shipment at the designated delivery address provided on the delivery note / waybill, however, we will obtain the signature of recipient of the Shipment on the Delivery Note. The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and / or delivering the Order(s). 
  4. At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. The cash collected against the Order at the time of delivery of the Shipment where cash on delivery option is chosen by the Buyer or where the amount against the Order is pre-paid by the Buyer shall be settled & remitted to the Seller in accordance with the settlement process as set out in the Seller Terms. 
  5. Shipment which contain Dangerous Goods or such goods that are expressly prohibited by the railway / airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery. 
  6. Shipment addressed to a post box number or with incomplete address will not be delivered by us & the same will be rejected by us. 
  7. We reserve our right to weigh & measure the Shipment at our own weighing centers & in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final & you hereby authorize us to determine the accurate weight on your behalf. 
  8. We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us. 
  9. Consignee(s) are required to behave properly with the pickup & delivery associates of The Company. Any misbehaviour, unprofessional conduct, verbal & physical abuse is prohibited & will be considered as a violation of these Terms. The Company reserves the right to suspend your use or access to the Website in its sole discretion if deemed that a Buyer is in violation of this clause. 
  10. Shipments shall be delivered on ‘as is’ basis & unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time & without notice to you, inspect the contents of Shipment to ensure compliance to these Terms. 
  11. We do not provide any open box delivery for any of the Shipments. 
  12. Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event. 
  13. If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever & which cannot be avoided by our reasonable endeavours, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe & convenient. We may in our sole discretion charge additional costs of carriage to, & delivery & keep at, such place & all other expenses incurred by us in this regard & such additional costs will be as displayed on the Website. 
  14. If you avail shipping & delivery services directly from the Seller, you agree that such provision of service shall be governed by way of a separate arrangement between you & the Seller. The Company shall not be liable in any manner whatsoever for any deficiency in provision of such shipping & delivery services by the Seller & we disclaim all liabilities in this regard. 

iii. Undelivered Shipment 

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here. 

  1. Returns

In case of any Return Request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here.

  1. Lien

We shall have a general & particular lien on the goods & other contents of Shipments & all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due & payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and / or all expenses incurred for the benefit or protection of the Shipments, & also for any payments, duties, fines or other expenses including but not limited to interest & legal costs & reimbursement of expenses, due at any time to us from you. If any amount due & payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion & without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party &, at our absolute discretion & may proceed to sell the Shipments in the manner which we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments. 

  1. Fees & Charges
  1. We will charge the Buyer for providing Logistics Services & unless otherwise stated, all such charges shall be exclusive of Goods & Service Tax. The charges payable for availing the Logistics Services will be displayed in the Rate Card section of the Website & the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges before every transactions placed on the website. In the event the Buyer continues to avail the Logistics Services from us, it shall be deemed that the Buyer agrees to such change in charges. 
  2. Any taxes, duties, or levies applicable on entry or any other charges levied by any central / state / local authorities wherever applicable shall be extra & Buyer will be liable to pay the same. 
  3. The charges shall be subject to applicable taxes, as per prevailing applicable laws. Buyer shall deduct income tax as applicable against the amounts payable to The Company if required by applicable law, except to the extent where The Company submits a nil / reduced withholding certificate. Buyer shall remit the withholding taxes to the relevant tax authorities & enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law. In the event, The Company adjusts the charges from the amount to be remitted to the buyer on account of refunds etc, The Company shall also remit the applicable/reduced (if reduced withholding tax certificate is provided to the seller) Witholding Tax (unless nil withholding certificate is provided) amount to the buyer which the buyer ideally would have deducted while remitting the charges on its own. The buyer shall deposit the same with the government & provide The Company with the certificate to enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law.
  4. For any additional services availed by the Buyer from The Company, The Company will charge additional charges for any such additional services. The Company may enter into a separate bi-partite contractual arrangement with the Buyer for provisioning of such additional services to the Buyer. The Company reserves its right to levy penalty or late payment charges in case of delay by the Buyer in clearing any dues payable to The Company 

vii. Limitation of Liability & Indemnity 

The Company shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid & the consequences whereof we could not prevent by the exercise of reasonable diligence; and / or (h) any dispute or claims between the Seller & the Buyer including without limitation relating to the Shipment or Products hereunder. 

  1. Seller Terms

The provision of this Section III shall be applicable only to a Seller(s). These Seller Terms shall be read in conjunction with the General Terms & in the event of any conflict between the General Terms & Seller Terms, the terms of Seller Terms shall supersede & prevail. 

  1. DEFINITIONS: For the purposes of this Section, the following capitalised terms shall have the following meaning: 
  2. “Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products & products likely to harbor or encourage vermin or other pests. 
  3. “Delivery Note” shall mean the waybill or the wabybill generated in compliance under the GST laws containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address & contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) & COD details (if applicable). 
  4. “Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Website. 

d.“Payment & Settlement Services” shall mean remittance & settlement of any & all payments collected by The Company from the Buyer or third party paying on behalf of the Buyer, pursuant to order placed by a Buyer on the Website, to the designated bank accounts of the Seller or any third party upon receipt of instructions from the Seller. 

e.“Product(s)” shall mean goods of any categories (other than Dangerous Goods). 

  1. “Sales, Logistics & Distribution Support Services or “SLD” shall mean to include the Standard Website Services, Payment & Settlement Services, Standard Warehousing Services, goods handling services & other allied services that may be provided by The Company to support supply chain. 
  2. “Seller” shall have the meaning ascribed to it under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Seller. 
  3. “Shipment(s) / Consignment(s)” means all products (excluding documents) that travel under one Delivery Note & which may be carried by any means we choose in our discretion, including air, road or any other carrier. 
  4. “Standard Website Services” shall mean the use & access of the Website by the Seller, which includes but not limited to creation, display & updating of product listings & subsequent sale transaction by the Seller to the Buyer, in accordance with these Seller Terms & General Terms. 
  5. “Standard Warehousing Services” shall include but not be limited to: (a) arranging for the storage of Products of the Seller; (b) handling Products of the Seller at warehouse(s); (c) tertiary packaging of the Products for ease of handling, transportation, & temporary storage of the Products to be shipped to Buyer; (d) performing the administrative task of printing invoices for the Seller; (d) other ancillary services as may be mutually agreed between The Company & the Seller; and/or (e) special access to fulfil Orders from own source.

 

  1. Seller’s Obligations, Representations & Warranties
  1. You represent, warrant & agree that: 
  1. you are a lawfully incorporated business entity & are fully able & competent to understand & agree to the Terms; 
  2. you have full power & authority to accept the Terms, to grant the license & authorization (if applicable) & to perform the obligations hereunder; 
  3. you shall use the Website & Services for business purposes only; 
  4. you will not use or access the Website for your personal purposes & any Products that you may sell are for commercial purposes & not for personal consumption; 
  5. the address you provide when registering your account on the Website is the Seller place of business of your business entity & that it is declared in the registration certificate obtained under the GST & other statutory laws applicable to you; 
  6. your business is validly existing & incorporated/established as per the provisions of applicable laws; 
  7. you shall comply with all applicable laws while using & accessing the Website; 
  8. you & Products or services provided by you on the Website (if any) comply with applicable laws; 
  9. you shall be solely responsible for obtaining all necessary third party licenses & permissions (if any required) regarding any User Content that you submit, post or display; 
  10. any User Content that Seller submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); 
  11. you have the right & authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the Products or services described in the User Content & such sale, trade, distribution or export or offer does not violate any Third Party Rights; 
  12. the description & particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, & value) are complete & accurate with all laws, regulations, & requirements that may be applicable; 
  13. all information provided by you or person acting on your behalf relating to the Shipment(s) are complete & accurate; 
  14. the Shipment(s) are properly & sufficiently prepared, packed, stowed, labelled, and / or marked; & comply with the provisons of weights & measurement or any other applicable laws for the time being in force. 
  15. the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting; 
  16. the Shipment(s) are in compliance with all laws, regulations, & requirements as may be applicable. 
  1. Seller will be required to provide information or material about Seller’s entity, its business or Products / services as part of the registration process on the Website or your use of any Service or the Seller account. Seller represents, warrants & agrees that: 
  1. such information & material whether submitted during the registration process or thereafter throughout the continuation of the use of the Website or Service is true, accurate, current & complete; & 
  2. Seller will maintain & promptly amend all information & material to keep it true, accurate, current & complete. 
  1. Seller may be required to furnish additional documents or information about products / services that the Seller may offer for sale on the Website in order to authenticate that the Products offered for sale are genuine & authentic & do not infringe intellectual property rights or proprietary rights of any third party. Seller agrees to promptly provide such additional documents & information, failing The Company reserves its right to take appropriate measures as set out under Clause 7 of the General Terms. 
  2. Seller consents to the inclusion of the contact information about Seller in The Company’s database & usage of the same as per Privacy Policy.  
  3. Seller shall comply with the packaging guidelines as communicated to the Seller by The Company from time to time. The said packaging guidelines can be accessed here.  

f .For delivery of Shipments, Seller hereby authorizes us to carry out the administrative task of printing Delivery Note containing information with respect to Shipment on its behalf. The Seller agrees to be solely responsible for any discrepancy or error in the details mentioned on such Delivery Note & agrees to indemnify us against any such losses or claims. 

  1. Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws. We accept Consignment in good faith that the Consignment do not contain anything which will infringe or be in violation of any applicable laws. 
  2. If more than one Consignment is booked to the same Buyer, Seller must ensure that the full address of the Buyer is written on all the Consignments. 
  3. Seller shall not enclose cash, digital currency, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws, in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion & at your risk & expense. In this regard, you shall, at all times, fully indemnify us & hold us harmless against all penalties, claims, damages, losses, costs & expenses (including but not limited to legal expenses) whatsoever arising in connection with any such Products. 
  4. Seller shall be solely responsible to declare the accurate value of the Consignment. 
  5. Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to applicable central, state, integrated, or Union Territory goods & services tax laws (GST)) required to ship the Shipments. GST on the Products contained in Shipments & all applicable statutory tax compliances shall be your sole responsibility & we shall not be responsible for any losses, damages resulting from any such non-compliances. 
  6. Seller shall be solely responsible to ensure that the Consignment is handed over to us within the time slots allotted to Seller by us. If Seller does not handover the Shipment within the time slot allotted, then Seller shall be charged extra for second attempt being made by us to take the Shipment. Such charges will be as displayed on the Website. 
  7. Sellers are required to behave professionally with the pickup & delivery associates of The Company. Any misbehavior, unprofessional conduct, verbal & physical abuse is prohibited & will be considered as a violation of these Terms. The Company reserves the right to remove selling privileges in its sole discretion if deemed that a Seller is in violation of this clause. 
  8. Seller hereby expressly authorise us and / or our third party service providers to undertake insurances for safe keeping of Products in the warehouses & during transit of Products, as the case may be, & claim insurance from the relevant insurance company in the event of loss or damage of Products while in its custody (including transit). Seller shall have no objection to the payment of claims to us and / or our third party service providers in the event of a loss. 
  9. Seller shall be solely responsible to raise invoices directly on the Buyer for Products sold by the Seller to the Buyer. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause. 
  10. In addition to these Terms, the Seller agrees to be bound by the terms of the Undelivered Shipment Policy & Return Shipments Policy, as may be amended from time to time, in case of any undelivered Shipment & return of Shipment respectively. 

iii. Audits 

  1. We may in our sole discretion conduct random audits of the Shipments handed over to us for onward delivery to the Consignee or Products that are stored in the warehouse by the Seller to ensure Seller’s adherence to these Terms. Without prejudice to other rights available to us under these Terms or under applicable laws, if it is found or if we believe in our reasonable opinion that the Shipment or Products do not comply with applicable laws and / or do not comply with the packaging guidelines as communicated by us from time to time, we may in our sole discretion levy penalty charges, as communicated to you, from time to time or take such other actionsagainst you as listed under sub clause (ii) below.
  2. We may in our sole discretion be entitled to do either one or more of the following; 
  1. issue a warning letter to the Seller; 
  2. recover all amounts that have been remitted against any claims or disputes raised by the Seller in relation to any Order in the preceding ninety (90) days from the date of such audit conducted by us or INR 10,000, whichever is higher;
  3. deactivate or suspend a Seller’s account on the Website, with or without giving any notice to the Seller; and / or 
  4. such other action which we may deem fit in our sole discretion 
  1. Fees & Charges for Sales, logistics & Distribution services “SLD”
  1. In consideration of the SLD Services provided by The Company to the Seller, the Seller will be required to pay a fee (referred to as “Sales, Logistics & Distribution Services Fee”) to The Company. It is hereby clarified that the Fee shall be calculated on the total invoice value of the Order. 
  2. The applicable SLD Services Fee shall be as communicated by The Company to the Seller(s), from time to time, via the Website or through such other mode of communication as may be determined by The Company in its sole discretion. It shall be the Seller’s responsibility to routinely check on such Sales & SLD Services Fee. In the event you continue to use the Website, it shall be deemed that you have agreed to such change in the SLD Services Fee. 
  3. The Company shall issue the invoice for SLD Services Fee on the Seller, & the Seller shall make payment of the same to The Company. Seller agrees that the Seller alone shall be responsible for ensuring that SLD Services Fee is paid to The Company. Seller authorizes The Company to adjust & set off such SLDServices Fee from the amount collected or received by The Company from the Buyer in accordance with the settlement process set out under the Payment & Settlement Services.  
  4. The SLD Services Fee shall be subject to applicable taxes, as per prevailing applicable laws. Seller shall deduct income tax as applicable against the amounts payable to The Company if required by applicable law, except to the extent where The Company submits a nil / reduced withholding certificate. Seller shall remit the withholding taxes to the relevant tax authorities & enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law. In the event, The Company adjusts the SLD service fees from the amount to be remitted to the seller, The Company shall also remit the applicable/reduced (if reduced withholding tax certificate is provided to the seller) Witholding Tax (unless nil withholding certificate is provided) amount to the seller which the seller ideally would have deducted while remitting the SLD service fees on its own. The Seller shall deposit the same with the government & provide The Company with the certificate to enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law.
  5. The Company will charge additional charges from the Seller for providing any additional services or services that are not covered under the SLD Services. The Company shall be entitled to recover/deduct such additional charges from the amount collected or received by The Company from the Buyer & Seller hereby authorises The Company to adjust the charges from the receivable that are due & payable to Seller by The Company. Such settlement will be done as per the settlement clause set forth under the Payment & Settlement Services. If required by The Company, The Company may enter into a separate arrangement with the Seller to provide such additional services to the Seller. 
  6. The Company reserves its right to levy penalty or late payment charges in case of delay by the Seller in clearing any dues payable to The Company and / or charge cancellation charges for any cancellation of Orders by Seller. Seller authorises The Company to adjust / deduct such penalty amount, late payment charges or cancellation charges from the receivables that are due & payable by The Company to Seller. Such settlement will be done in accordance with the settlement process set out in the Payment & Settlement Services herein. 
  1. Sale, Logistics & Distribution Services
  1. Standard  Website   Services 
  1. You are allowed to list Products(s) for sale on the Website subject to your compliance with these Seller Terms. You must be legally able to sell the Products(s) you list for sale on the Website. 
  2. You must ensure that the listed product(s) do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics & pictures that describe your product for sale. 
  3. All listed product(s) must be listed in an appropriate category on the Website. All listed Products must be kept in stock for successful fulfilment of sales. You agree to adhere to the listing guidelines that may be communicated to you by The Company, from time to time. 
  4. The listing description of the product must not be misleading & must describe actual details & condition of the product. If the product description does not match the actual condition of the product, you agree to refund any amounts that you may have received from the Buyer. 
  5. You represent, warrant & agree that you will avail the Services of the Website only for the business & commercial purposes & will not use the Website for availing & products / services for personal use or consumption. The Products offered or sold by you to the Buyer through the Website shall only be used by the Buyer for resale or commercial purpose & shall not be for the purposes of personal use or consumption by the Buyer. 
  1. Standard   Warehousing   Services
  1. Upon receipt of request from the Seller, The Company may provide Standard Warehousing Services. The Company may, at its discretion, sub-contract all or part of these Standard Warehousing Services, and / or shall have the right to use or engage the services of any third party services provider(s), sub-contractor(s) or agent(s) on such terms as The Company may deem appropriate, however, The Company shall remain liable to the Seller for the performance of its obligations to provide Standard Warehousing Services under these Terms. 
  2. The Company shall take all commercially reasonable security precautions to protect the Products against loss by theft, or any other damage. Seller hereby expressly authorizes The Company and / or its third-party service providers to undertake insurances for safe keeping of Products in the warehouse & claim insurance from the relevant insurance company in the event of loss or damage of Products while in its custody (including in transit). The Seller agrees that it shall have no objection to the payment of claims by the relevant insurance company to The Company and / or its third-party service providers in the event of a loss.  
  3. The Company shall not be responsible for the Products that are found to be damaged and / or not in compliance with the packaging guidelines & instructions communicated by The Company from time to time, at the time of handing over or delivery to the warehouse(s) location, as the case may be. The Company reserves its right to reject acceptance of such damaged Products & return the Products within such time & in the manner as per its warehouse Return Shipments Policy. 
  4. Upon receipt of Orders by the Seller & for onward delivery of Products to the Buyers, Seller hereby authorizes The Company to perform the administrative task of printing invoices & Delivery Note containing information with respect to Products. Seller undertakes & acknowledges that The Company shall not assume any responsibility or liability with respect to any non-compliance of applicable laws in respect of the invoices or Waybills or other administrative tasks that are performed by The Company on behalf of the Seller, except for any non-compliance arising from gross negligence or willful misconduct of The Company. Seller agrees to indemnify The Company in this regard.  
  5. Seller understands & undertakes that the Standard Warehousing Services & any onward delivery of Products to the Buyer(s) shall be on ‘as is’ basis i.e., as received from the Seller & in accordance with the Terms. Seller further understands & acknowledges that The Company may provide tertiary packaging to the already packed Products that are kept in the warehouse(s) such that the Products can withstand normal handling & transportation for safe delivery of the Products to the Buyer(s). Notwithstanding anything contained herein, Seller shall remain solely liable for the Products that are stored in the warehouse by the Seller.  
  6. Seller shall be solely responsible to procure & maintain requisite licenses, registrations, & permits under applicable laws to be entitled to store the Products at the warehouses. In case of any seizure of Products by any governmental authority due to any non-compliance of applicable law or failure to procure requisite licenses, registrations, or permits, Seller agrees to fully indemnify The Company in this regard. 
  7. In addition to the representations & warranties of the Seller elsewhere in the Terms, the Seller represents & warrants that: 
  1. Seller has valid title & legal possession of the Products stored or intended to be stored in the warehouse(s) & that the Seller has the legal right & authorization to sell such Products to the Buyer(s). 
  2. it shall not handover any Products to The Company that are hazardous, inflammable, toxic or prohibited or banned from sale or Products that are illegal in nature or Products that have been illegally procured by the Seller. 
  3. all information provided by the Seller or person acting on behalf of the Seller relating to the Products is complete & accurate; 
  4. the Products are properly & sufficiently prepared, packed, stowed, labelled, and / or marked as per the guidelines & instructions communicated by The Company, from time to time; 
  5. the Products are packed in a manner adequate to withstand normal handling, storing in the warehouse and / or storing while transporting to the Buyer(s), 
  6. the Products are in compliance with all laws, regulations, & requirements, as may be applicable; & 
  7. the Products meet all the labelling & packaging guidelines as prescribed by applicable laws. 
  1. Seller shall be solely responsible to complete all documentation & pay any duties & taxes (if applicable) under applicable laws. Seller further authorises The Company, if required & necessary, to pay any duties & taxes (if applicable) on behalf of the Seller required under applicable laws, to the extent such actions are necessary to enable The Company to provide Standard Warehousing Services. The Company shall be entitled to charge, & Seller shall be liable to reimburse & indemnify The Company for, any such costs, duties & taxes incurred on the Seller’s behalf. 
  2. Subject to clause (10) below, Seller agrees that all Products in the warehouse(s) will remain the property of Seller until they are delivered by The Company to the Buyer(s) or handed over to the carrier of the Buyer(s). The Company may in its sole & absolute discretion, allow the Seller to visit the warehouse(s) to ensure that the Seller’s Products are stored in a proper manner.  
  3. We shall have a general & particular lien on the Products that are stored in the warehouses by the Seller & all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due & payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and / or all expenses incurred for the benefit or protection of the Products, & also for any payments, duties, fines or other expenses including but not limited to interest & legal costs & expenses, due at any time to us from you. If any amount due & payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion & without notice, suspend or cease providing all or any part of these Standard Warehousing Services without any liability whatsoever to you or any third party &, at our absolute discretion, may proceed to sell the Products in any manner we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of such Products. 
  4. The Company reserves the right to inspect the Products & any warehouse(s) in which the Products are stored or located to ensure the Seller’s compliance with these terms. Seller agrees that The Company shall have the right but no obligation to inspect the Products stored at the warehouse(s) & will not be liable for the content, quality or any discrepancy in the Products supplied or stored by the Seller. 
  5. Seller undertakes to indemnify all losses, penalties, damages, fines of any nature that is caused to The Company due to breach of covenants of these Terms or due to any misconduct or negligence on the part of Seller. 
  6. Seller agrees that The Company shall have the right to provide information to regulatory authorities with respect to Products stored at warehouse(s) & / or any other information that may be asked or requested by regulatory authorities from the The Company & other third parties to whom the disclosures are required to be made as may be required on need be basis. 
  7. Seller acknowledges & understands that in the event of any Reverse Shipment (as defined under the Return Shipments Policy), such Shipments / Products will be dealt with in the following manner: 
  1. If the Return Request raised by the Buyer is due to following reasons: 
  1. Product(s) is physically damaged or is defective, including damage to the outer box delivered; 
  2. wrong Product(s) or the Product(s) is not matching the description or specifications mentioned on the listing page on the Website; 
  3. part of the Order / Products is found to be missing due to reasons attributable to the Seller, then the Product(s) will be sent to the designated warehouse location of ServCart Retail Technologies Private Limited (from where the Product(s) was dispatched) or such other location of the Seller. Once the Product(s) is received at the designated warehouse location of ServCart Retail Technologies Private Limited, the Product(s) will be checked for any outer damage and / or any visible tampering to the packaging and / or any material damages to the Product(s). If the Product(s) is found to be without any such damages, the Product(s) would be stored in the warehouse by ServCart Retail Technologies Private Limited. However, if the Product(s) are found to be damaged, and / or tampered with, for reasons attributable to us, the Product(s) will be retained by ServCart Retail Technologies Private Limited & the order value of such tampered or damaged Product will be reimbursed to the Seller. In this regard, our decision with respect to the findings in relation to the damage / tampering of the Product(s) & the order value to be reimbursed to Seller shall be final & binding on the Seller. 
  1. If the Return Request of the Buyer is for the following reasons: 
  1. any manufacturing defect / functional defects in the Product(s); or 
  2. any quality related issues with respect to the Product(s); then any such Product(s) which are returned by the Buyer will be returned to you, except where the Products are damaged due to reasons attributable to us. You shall be obligated to accept such Product(s). ServCart Retail Technologies Private Limited disclaims all responsibility & liability with respect to any products that are returned by the Buyer & you agree not to hold ServCart Retail Technologies Private Limited liable for any such claims or disputes or damages arising out of such return as contemplated herein. 
  1. Seller acknowledges & understands that in the event of any Undelivered Shipment (as defined in the Undelivered Shipment Policy), we will check the Product(s) for any outer damage and / or any visible tampering to the packaging and/or any material damages to the Product(s). If the Product(s) in our reasonable opinion appear not to be damaged or tampered with, the Product(s) will be stored in the warehouse by ServCart Retail Technologies Private Limited. In the event, the Product(s) is found to be damaged due to reasons attributable to us, such Product(s) will be retained by ServCart Retail Technologies Private Limited & the order value / cost of such tampered or damaged Product will be reimbursed to you. In this regard, our decision shall be final & binding on you. 
  2. Subject to Clause (n14) & (o15) above, any Product(s) that are required to be returned to you will be delivered to you within 90 days from the date the Product(s) reaches our warehouse location or such date that maybe communicated to you by ServCart Retail Technologies Private Limited, whichever is later. 
  3. Upon receipt of Products as per Clause (p16) above, Seller can raise a dispute within seventy-two (72) hours from the time of delivery of the Product(s) for the following reasons: 
  1. missing products or items (in full or in part); or 
  2. products damaged in transit. Seller shall be required to raise a claim / dispute with respect to the Products that are returned along with the copy of the delivery note in support of its claim. For raising a dispute / claim with respect to the Shipment / Products returned to you, Seller can reach out to ServCart Retail Technologies Private Limited at care@gopick.in or via the Website. 

Seller may be required to provide additional documents/information in support of its claim, if requested by ServCart Retail Technologies Private Limited. We will contact you for any such requirement. Our decision with respect to settlement of the claim / dispute shall be final & binding on you & we shall not entertain any further claims once the claim / dispute has been settled / resolved. If ServCart Retail Technologies Private Limited finally determines the dispute / claim in favour of the Seller, the Seller agrees that ServCart Retail Technologies Private Limited or its sub-contractors shall have the right to collect from Seller’s location such Products against which the Seller’s dispute / claim has been finally settled by ServCart Retail Technologies Private Limited & proceed with liquidation of such Products. 

  1. Seller acknowledges & understands that it is solely responsible for any non-conformity or defect in, or any public or private recall of, any of its Products. Seller shall promptly notify The Company of any such non-conformity, defect, or public or private recall, or the threat thereof, & cooperate & assist The Company in connection with any recalls, including by initiating the procedures for intimating the Buyers in this regard. Seller will be responsible for all costs & expenses The Company may incur in connection with any recall or threatened recall of any of the Products. 
  2. Notwithstanding anything to the contrary, The Company shall have the right at all times to be compensated by Seller for any damage suffered as a consequence of any fault, defect & non-compliance with respect to any of the Products. Seller shall indemnify The Company from any cost, loss, expense or damage deriving from any third-party claims, legal actions or proceedings brought against The Company & deriving from or in connection with the sale & use of the defective, faulty and / or non-compliant Products.  
  3. Seller understands & acknowledges that The Company is not a Party to transactions between Buyer(s) & Seller, & Seller hereby releases The Company (& its affiliates, agents & employees) from claims, demands & damages (actual & consequential) of any kind & nature, known & unknown, suspected & unsuspected, disclosed & undisclosed, arising out of or in any way connected with such transactions.  
  4. Seller may recall the Product(s) from warehouse(s) (in part or in full), for which no Order has been placed at the time of such recall request. Further, The Company may in its sole & absolute discretion return the unsold Products to the Seller, for reasons including without limitation, decreased or no sale of Products.  
  5. If the Seller wishes to discontinue availing these Standard Warehousing Services from The Company, it may do so by giving at least 90 (ninety) days written notice of termination to The Company. 
  6. Unless otherwise provided under the General Terms, The Company may terminate or suspend provisioning of these Standard Warehousing Services (other than service relating to special access to fulfil Orders from own source), by giving a prior notice of fifteen (15) days to the Sellers. 
  7. Unless otherwise provided under the General Terms, The Company may further terminate or suspend these Standard Warehousing Services (other than service relating to special access to fulfil Orders from own source) for the Seller, with immediate effect, upon occurrence of any of the following events: 
  1. Seller is in breach of any obligations, covenants, representations or warranties under these terms;  
  2. in the event of the Seller’s improper use of intellectual property rights, sale of fake or counterfeit Products or Products prohibited from use, or distribution or sale under applicable laws.  
  1. Upon termination or suspension of these terms, Seller shall within seven (7) days from the effective date of termination of these terms pick-up the Products from the warehouse, failing which The Company reserves its right to dispose off the Products kept in the warehouse(s) & The Company shall not be liable to pay any losses or damages to the Seller in this regard. 
  2. The Company further reserves its right to dispose off or liquidate the Products kept in the warehouse(s), without incurring any liability to the Seller, in the event: 
  1. Seller fails to pick-up the Products from the warehouse upon being intimated in this regard by The Company; 
  2. Seller fails to clear its dues to The Company; or 
  3. of occurrence of any event due to which The Company may in its reasonable opinion exercise this right. 
  1. Without prejudice to any other rights available with The Company, in the event any product stored in the warehouse is found to be or suspected to be counterfeit or fake, The Company reserves its right to destroy such Products. 
  2. Payment  &   Settlement   Services
  1. The Company will provide the Payment & Settlement Services to the Sellers in relation to each transaction on the Website. The Company may, at its discretion, sub-contract all or part of the Payment & Settlement Services, and / or shall have the right to use or engage the services of any third party services provider(s), sub-contractor(s) or agent(s) on such terms as The Company may deem appropriate, however, The Company shall remain liable to the Seller for the performance of its obligations to provide Payment & Settlement Services under these Terms. 
  2. Seller acknowledges & agrees that in performing the payment collection services, we are acting merely as a payment collector & shall take no responsibility as to the legality of any payment transaction between the Seller & the Buyer. 
  3. The Company shall have the right to withhold settlement of payments to you or any third -party, if we, in our sole discretion, determine that the transaction being undertaken by you is not genuine or suspicious or fraudulent. 
  4. You hereby consent & agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to these Payment & Settlement Services. 
  5. Refunds (if any) shall be processed in the same manner as they are received. Refund amount will reflect in the Seller’s bank account based on respective banks policies. 
  6. We will settle the payments received from the Buyer at the time of actual delivery of the order(s) to the designated bank account of Seller (or third party based on the instructions given by the Seller (if applicable)) within the following timelines:  
  1. 20 (twenty) bank working days from the date of delivery of the Consignment to the Buyer, for non-food product(s), where the settlement will be made on the working day which is a Tuesday or a Friday within the aforementioned timeline; &  
  2. 2 (two) bank working days from the date of delivery of Consignment to the Buyer, for Products in the category of pharmaceuticals & fulfilment material.  
  3. 4 (four) bank working days from the date of delivery of Consignment to the Buyer, for Products in the category of food, FMCG & fresh Provided that, in case of any returns request raised by Buyer or any claims or disputes raised by Buyer, we reserve our right to withhold the settlement of payments to Seller until the resolution of such return requests, claims or disputes, as the case may be. It is hereby clarified that if the Buyer(s) make payments by way of cheque(s) at the time of actual delivery of the Order(s), we will settle such payments only upon the realisation of the cheque. 
  1. Where the Buyer makes online payments at the time of placing the order with the Seller or prior to the delivery of the Consignment, such payments shall be transmitted to the designated bank account of the Seller (or third party based on the instructions given the Seller (if applicable)) within ‘T+1’ bank working days. For the avoidance of doubt, it is clarified that ‘T+1’ shall be the maximum period within which the settlement for such transaction shall be effected. For the purposes of these Terms, herein ‘T’ shall stand for the date of expiry of the refund period applicable in relation to the order. ‘T’ shall be calculated in the following manner:

  

Particulars

 

Thresholds (in days)

 

 

Order date/Payment date

N

 

Average period within which a Seller can

dispatch

5

 

Average period of a dispatch to delivery

15

 

Period of return request

15

 

Return Completion (Return Pickup +Refund)

 

30

 

‘T’ (i.e., the date of expiry of the refund period)

 

N+65 days

 

 

  1. In any of the settlements methods, Seller (or third party as per the instructions received from Seller) will receive the amount (minus our Sale, Logistics & Distribution Services Fees in relation to the SLD Services provided by us, such other amounts due & payable by Seller to us or any third-party (in case we are instructed by such third party or Seller to collect such monies from the Seller), any amount to be refunded to the Buyer & any taxes payable under applicable laws) within the aforesaid timelines. It is clarified that any settlement of payment to the Seller shall be subject to applicable tax laws & The Company may deduct or collect such taxes from the amount to be paid to the Seller in accordance with the provisions of applicable tax laws as set out under clause (i9) & (j10) below. 
  2. In relation to the tax collection at source under applicable GST laws, as may be amended from time to time: 
  3. In case of any mismatches on account of tax collection at source, Seller shall be required to provide all relevant information to us, to correspond with the relevant authorities & also in case of any liability accruing on account of omission shall be Seller’s obligation to pay such deficit. 
  4. Seller will provide the corresponding Harmonised System Nomenclature (HSN) code number & applicable GST rates for every product sold on the Website. The seller accept that declaring the HSN & GST rates of the product is his responsibility, & that in order to sell the product(s) on the Website pre-declaring the respective HSN & GST rates shall be mandatory. 
  5. Seller will be responsible to provide their correct GST registration number against which the tax collected at source (under GST laws) need to be reported by us. We shall not hold any responsibility of incorrect disclosures of GST registration number & consequent loss of credits of tax collected at source in the hands of the seller. In case any tax, interest or penalty is imposed on us, on account of incorrect disclosure of information by the Seller, then such Seller shall indemnify us with respect to such tax, interest or penalty as may be levied by the GST authorities. 
  6. We shall have the right to deduct or recover, as the case may be, tax deducted at source (“TDS”) as may be applicable under the applicable provisions of Income Tax Act,1961 (as may be amended from time to time) & as determined by us in our sole discretion on transactions & / or payments through or facilitated by the Website. In respect of TDS deducted & / or recovered, we will provide certificate(s) evidencing & / or supporting the deposit of TDS in the prescribed format in accordance with the provisions of the Income Tax Act, 1961 (as may be amended from time to time). It is clarified that for this purpose, we will be entitled to rely upon the Permanent Account Number (“PAN”) & any other particulars provided to us & we shall have no obligation to validate or verify the same. In the event of any liability that may arise on account of incorrect or incomplete particulars / details being provided by Seller to us including interest, penalty or any other levies, we shall have the right to recover the same from the Seller in our sole discretion. 
  7. Seller shall comply with all the applicable regulations / laws in relation to cash transaction as stipulated under the applicable tax laws. 
  8. We shall be entitled to recover from the Seller, from time to time, any amounts due from it or incurred by us on account of the following, unless the same are caused on account of negligence, act or omission of our or its employees, officers etc.: 
  9. Chargeback of transactions:Any penalty or charge which may be levied on us by any payment instrument or the clearing house i.e. Reserve Bank of India or its local clearing agent (as the case may be) arising, inter alia, for excessive chargeback of transactions or excessive failure of transactions or excessive Buyer disputes and / or any other reason; 
  10. any amount due to us from the Seller. 
  11. If there are reasonable grounds to suspect that a transaction has been conducted in breach of any applicable laws or is a fraudulent transaction, we shall be entitled to suspend or withhold the payments of the Seller that are due to the Seller. 
  12. In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller, pending enquiries by the banks or any regulatory body till the resolution of such issues. 
  13. Additional services: These terms for specific services will be applicable to a Seller’s use  of any of the additional services described hereunder & will be read together with these Terms set out under Section III & General Terms. In the event of any conflict between the terms for any additional Service opted by the Seller, Terms set out under Section III & General Terms, the provisions for additional Services shall supersede & prevail. If required by The Company, The Company may enter into a separate arrangement with the Seller to provide additional services (whether or not described hereunder) to the Seller. The specific terms & conditions for the Additional Services are as under: 
  • Advertisement   Services
  1. Seller may subscribe to the ad program (“Program”)  offered by The Company to promote its Products  that it lists & offers for sale on the Website. The Company will facilitate in the display of such advertisement (“Ad”) of the Seller on the Website Seller.  
  1. Seller may terminate these FromPay Services by giving one (1) day advance notice in writing to The Company. Seller shall be required to send the notice of termination to The Company at care@gopick.in, failing which The Company shall not entertain such termination request. 
  1. Seller shall at all times remain fully liable & responsible for the Products that are listed & offered for sale using the website & shall ensure that the Products that are offered for sale by the Seller comply with all applicable laws. The Company disclaims warranty & makes no representation about quality, delivery, or usefulness of the Products offered by the Seller on the Website. 
  2. The Company may provide such other additional services as may be agreed with the Seller, from time to time. 
  3. Taxes: Seller shall deduct income tax as applicable against the amounts payable to The Company if required by applicable law, except to the extent where The Company submits a nil / reduced withholding certificate. Seller shall remit the withholding taxes to the relevant tax authorities & enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law. In the event, The Company adjusts the charges from the amount to be remitted to the buyer on account of refunds etc, The Company shall also remit the applicable/reduced (if reduced withholding tax certificate is provided to the seller) Witholding Tax (unless nil withholding certificate is provided) amount to the buyer which the buyer ideally would have deducted while remitting the charges on its own. The buyer shall deposit the same with the government & provide The Company with the certificate to enable The Company to claim a tax credit by providing an appropriate & timely certificate of withholding as stipulated under the applicable law.
  4. In consideration for any special services, other than the  

iii. standard services provided by The Company to the Sellers, which are based on variable parameters, including any logistics services provided by us to the Seller, The Company may levy a variable charge to the Sellers as may be communicated to the Sellers from time to time. 

  1. Limitation of Liability & Indemnity
  1. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid & the consequences whereof we could not prevent by the exercise of reasonable diligence; (i) any loss, miss-delivery, delay or damage to any Shipment; and / or (j) any dispute or claims between the Seller & the Buyer including without limitation relating to the Shipment or Products hereunder. 
  2. Each Seller agrees to indemnify The Company, its affiliates, directors, employees, agents & representatives & to hold them harmless, from any & all damages, losses, claims & liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Website or any of the Services;(iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any of the service availed by you from a third party service provider using the Website; (v) any liability or defect in the Products offered / listed for sale on the Website; (vi) your negligence or wilful misconduct; (vii) any sale or offer of sale of counterfeit or fake Products on the Website or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the Products; (viii) any alleged or actual personal injury, death or property damage suffered by The Company arising from the supply or sale of Products by Seller; and / or (ix) any claim by a third Party or Buyer made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of Products. 
  1. Trade credit by Seller (s)
  1. If any Seller intends to grant a trade credit (“TC”) to its Buyers, then such Seller may send a request to our registered office address along with the intended terms & conditions of the TC to be offered by the Seller to its Buyers.
  2. Upon receipt of the Seller’s request, The Company will endeavour to revert within 7 (seven) working days of receipt of such request. In the event, The Company requires any additional information or documents, such requirement will be communicated to the Seller. The Seller shall be required to respond to such additional requests within 7 (seven) days of receipt of such request from The Company. Upon receipt of complete information from the Seller, The Company will endeavour to provide its final response to the request within 7 (seven) working days.
  3. The final decision on enablement of the TC feature on the Website for the Seller shall rest with The Company & The Company’s decision in this respect shall be final & binding on the relevant Seller.
  4. The TC feature will be enabled by the Seller for its Buyers subject to separate terms & conditions that will be entered into between the Buyer(s) & the Seller.
  5. The Company hereby disclaims any & all liability with respect to any claims that may arise in respect of grant of TC by a Seller to its Buyers.

Notice  &  Procedure   for   Making   Claims   of   Right   Infringements

If you believe that your rights are being infringed, you may fill out & submit the Notice    Form. We respond expeditiously to rights owners & their agents who complete & submit Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability & without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to The Company the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, & display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify The Company for all claims brought by a third party against The Company arising out of or in connection with the submission of a Notice Form. Note on Third Party User Listings: Please keep in mind that Third Party User listings are merely hosted on The Company & are posted solely by the Third Party Users who may be contacted via their "User Information" page, accessible from any of their listings. Important Warning: giving false, misleading or inaccurate information in the Notice Form to The Company may result in civil and / or criminal liability. You should contact a legal advisor should you have any questions. 

IT & Refurbished Phones

7 days from the date of delivery of Shipment

Smartphones & Feature Phones

2 days from the date of delivery of Shipment

Accessories & Consumer Electronics

7 days from the date of delivery of Shipment

Home & Kitchen

7 days from the date of delivery of Shipment

Footwear

14 days from the date of delivery of Shipment

Toys & Baby care

7 days from the date of delivery of Shipment

Stationery & Office Supplies

7 days from the date of delivery of Shipment

Fresh Products

2 days from the date of delivery of Shipment

Pharmaceutical

45 days from the date of delivery of Shipment

Food-FMCG

7 days from the date of delivery of Shipment

Upon receipt of a Return Request from the Buyer, the same will be displayed on the Website. We will internally scrutinize the Return Request raised by the Buyer & notify the Seller. The Return Request raised by the Buyer will either be approved or rejected & the same will be communicated to the Buyer. 

  1. DECISION ON THE RETURN REQUESTS 

Basis our internal scrutiny of the Return Request raised by the Buyer, any of the following may occur: 

  1. Approval of the Return Request: The Return Request shall be approved under the following scenarios: 
  1. The Return Request has been approved by the Seller. In such case, the Reverse Shipment will be shipped to the Seller; or 
  2. If we determine that the Return Request is a Logistics related issue, in such case, (i) we will pay the full value (as declared) of the Shipment to the Seller; & (ii) we shall have the right to proceed with the liquidation of such Reverse Shipment. In case of approval of the Return Request, if the Buyer has already paid for the Order, the order amount for the Product(s) shall be refunded to the Buyer or third party as per instructions of the Buyer. 
  3. Rejection of the Return Request: The Return Request raised by Buyer shall be rejected, in case of any of the following reasons: 
  1. If the Buyer does not respond to the inquiry calls and / or communication via other modes made by us to procure missing documentation & information in relation to the Return Request; or 
  2. supportive documents are insufficient, or Buyer is unable to provide sufficient proof in support of the claim. 
  3. Exceptional cases: In exceptional cases such as fraud, deficiency in service, or any other circumstance which may affect the User experience on the Website, we may on good faith basis & in our sole discretion decide to pay the transaction amount for the disputed Product in the absence of Seller's approval of such returns. The said payment of transaction amount shall be made to compensate for the inappropriate User experience. In such exceptional cases, payment will be initiated to the Buyer within forty-eight (48) banking hours from: 
  1. the date of approval of the Return Request by us; or 
  2. from the date Buyer confirms the dispatch of the Product from Buyer's premise / shop / designated pick-up location; whichever is later. 
  1. In all the above-mentioned cases wherein, the Return Requests are approved by the Seller, refund will be initiated to the Buyer. We disclaim all responsibility & liability with respect to any Return Request, except for Logistics related issue which are accepted by us & Seller(s) agree not to hold us liable for any such claims or disputes. We may, in our sole discretion, check the contents of the returned Shipment that are picked up from the Buyer, however, we shall not assume any responsibility or liability with respect to such verification of the Shipment. If we choose to do such verification, our check will be limited to checking that the Products which are handed over to us match the description of the Products, quantity, colour, size, and / or brand with the Product for which Return Request has been raised. Buyer's return request shall automatically stand cancelled in case the Products handed over to us do not pass the verification check. We will not entertain any further return request in case of any cancellation due to verification check. 
  1. DELIVERY OF REVERSE SHIPMENT TO THE SELLER* 
  1. Once the Return Request raised by the Buyer is accepted, our representative will pick up the Shipment from the Buyer ("Reverse Shipment") within such timelines, as maybe communicated or displayed on the Website. At the time of such pick-up the representative shall conduct a QC check of the Shipment ("QC Check"), & our representative may take photos, videos, etc. of the Reverse Shipment. 
  2. The Reverse Shipment will be delivered to the Seller by us (at the location from where the Shipment was picked up for forward order delivery to the Buyer). We will endeavour to make the first attempt to deliver the Reverse Shipment to the Seller within: 
  1. forty-five (45) days from the date of receipt of Reverse Shipment (non-food products) from the Buyer; &
  2. two to five (2-5) days from the date of receipt of Reverse Shipment (Food & FMCG category) from the Buyer.
  1. For any delay in making the first attempt to deliver the Reverse Shipment beyond the said timeline due to reasons solely attributable to us, we shall communicate such delay to the Seller within reasonable time. In case of unavoidable circumstances or occurrence of a force majeure event or any event beyond our reasonable control, timelines shall stand extended. The Seller will be able to track the Reverse Shipment on the Website. The Seller will be bound to accept the delivery of Reverse Shipment & sign the proof of delivery. 
  2. If we are unable to deliver the Reverse Shipment to the Seller due to Seller's or its representative's unavailability at the delivery location on the first attempt, our representative will make a maximum of two (2) more attempts to deliver the Reverse Shipment. We will endeavour to attempt delivery within the next forty-eight (48) hours from the last delivery attempt. Our returns team will contact the Seller to arrange for delivery of the Reverse Shipment. If despite our reasonable efforts, we are unable to deliver the Reverse Shipment to the Seller in the third attempt, the Reverse Shipment will be transferred to our liquidation hub for liquidation. 
  3. We will return the Undelivered Shipment to the Seller on an 'as is' basis i.e., in the same condition as it is received by us from the Consignee. At the time of delivery of the Reverse Shipment to the Seller, our representative will open the Reverse Shipment at Seller's location & the Seller will be bound to accept such shipment in an open condition. The Seller agrees to allow our representative to take photos, videos, etc. of the opened Reverse Shipment. The Seller further acknowledges & undertakes that such photos, videos, etc. and / or remarks by our representative with respect to the Reverse Shipment shall be used by us at the time of settling disputes (if any) that may be raised by the Seller with respect to the Reverse Shipment. We may ask the Seller to provide or submit additional documents in support of the dispute raised as per the terms of this Policy. 
  4. At the time of delivery of the Reverse Shipment to the Seller or any of the Seller's representatives, our representative will require the Seller to acknowledge the delivery of the same by signing on the proof of delivery document ("POD"). Seller or its representative is required to sign on the POD & clearly call out the damage or tampering to the Reverse Shipment (if any). 
  5. At the time of receiving the Reverse Shipment, the Seller or any of the Seller's representatives shall observe the following: 
  1. Shall not detain our representative for any reason whatsoever; 
  2. any tampering, pilferage, or damage to the Reverse Shipment at the time of receiving the Reverse Shipment from us shall be written on the POD & the same shall be reported to us within 72 hours from the receipt of delivery of Reverse Shipment by where the delivery location is in a non-serviceable zone, i.e., where we are not able to deliver due to unforeseen circumstances or service unavailability, for such Shipment we will not attempt delivery to Buyer, & such Shipment shall also be deemed to be an Undelivered Shipment for the purposes of this Policy. 
  3. Return of Undelivered Shipment to the Seller*: 
  1. We will return the Undelivered Shipment to the Seller on an 'as is' basis. 
  2. Prior to returning the Shipment to the Seller, at our warehouse, we will check the Undelivered Shipment for any tampering or damage to the outer box. If pursuant to the Check, the outer box, in our reasonable opinion, appears not to be damaged or tampered with, we will label such Undelivered Shipment as 'QC pass'. However, if pursuant to such QC Check, any Undelivered Shipment, which in our reasonable opinion, is found to be tampered with or damaged, we will be labelled such undelivered shipment as 'QC fail'. 
  3. We will endeavour to deliver the Undelivered Shipments to the Seller regardless of whether the Shipment is a ‘QC pass’ or ‘QC fail’ on or before 10.00 PM on the 50th day from the Pick Up Date for food related products & 21st day from the Pick Up Date for non-food products. It is clarified that Shipment in scan date (i.e. date when we pick up the shipment from the Seller to be delivered to the Buyer) will be considered as day '0' ("Pick Up Date"). 
  4. In case of any delay in delivery of ‘QC pass’ Undelivered Shipment to the Seller due to any force majeure event or reasons beyond our reasonable control, the timelines mentioned here shall stand extended & we will endeavour to update & send communications to the Seller along with the updated timelines for delivery of the Undelivered Shipment. 
  5. Seller (or it’s representative) while accepting the delivery of Undelivered Shipment will be required to sign & attach a seal of the Seller’s company / LLP / firm, as the case maybe, on the proof of delivery ("POD"). 
  6. At the time of receiving the Undelivered Shipment, please keep in mind the following: 
  1. We do not provide any open box delivery to anyone; 
  2. Seller will not detain our representative for any reason whatsoever; 
  3. Seller will clearly mention about any tampering, pilferage, or damage to the Shipment on POD at the time of receiving the Undelivered Shipment from us & immediately raise concerns on the Website within the timelines mentioned in this Policy; 
  4. Our representative will not wait for more than 10 minutes at the Seller’s premises; & 
  5. Our representative may ask the Seller to open the Shipment in case the Seller writes on the POD that the undelivered Shipment is tampered or damaged to validate the Seller’s claim. 
  1. The Sellers’ are bound to accept the delivery of Undelivered Shipment. However, if the Seller refuses to accept delivery of the Undelivered Shipment or if the Seller’s shop is closed, we shall make a maximum of three (3) more attempts to deliver the Undelivered Shipment to the Seller within seven (7)days from the date of first attempt. Our team will contact the Seller to arrange for delivery of the Undelivered Shipment. Please take note that we will keep such Undelivered Shipment at the hub for a total period of 10 days & we will do a maximum of three (3) attempts to deliver such Undelivered Shipment . 
  2. In the event, pursuant to the QC Check, the Undelivered Shipment is labelled as ‘QC Fail’, we shall pay to the Seller the entire value of the Shipment (as declared). The Seller agrees that in such an event, we will either return the Undelivered shipments back to the Seller or we shall have the right to proceed with the liquidation of the ‘QC Fail’ Undelivered Shipment in the manner as set out in Paragraph III below. 

III. Refusal to accept Undelivered Shipment by the Seller*: 

  1. If after the three (3) attempts to deliver the Undelivered Shipment to the Seller, as mentioned above, the Seller refuses to take delivery of the Undelivered Shipment or we are unable to deliver the Undelivered Shipment, the Seller agrees & acknowledges that we shall be entitled to move the Undelivered Shipment to our liquidation hub & liquidate or dispose off such Undelivered Shipment, in any manner as we may deem fit in our sole discretion. 
  2. We shall not be liable to refund the invoice value for the said Shipment or pay any money received from liquidation of such Shipment to the Seller. We shall not entertain any claims brought by the Seller with respect to such Undelivered Shipment & the Seller agrees that the Seller shall not be entitled to receive any money or amount that we may receive from liquidation of such Undelivered Shipment. 
  1. Process of Claims by the Seller*: 
  1. If the Seller finds the Undelivered Shipment to be damaged or tampered with or not in a good condition, the Seller can mention such details on the POD & can raise grievances / concerns with respect to the Undelivered Shipment within seventy-two (72) hours from receipt of delivery of the Undelivered Shipment, failing which the Undelivered Shipment shall be deemed as accepted by the Seller without any damage or fault. Any grievances / concerns received from the Seller beyond the aforesaid timeline shall not be entertained by us. 
  2. Any POD without Seller’s or Seller’s representatives' signatures & seal of the company / LLP / firm will not be considered while investigating into & validating the claims raised. 
  3. Please take note that if it is found that the Seller writes on the POD for every Undelivered Shipment received by the Seller to be 'damage / doubtful / tampered', irrespective of whether such Shipment is damaged, tampered or has a label 'QC pass' or 'QC fail', then we will consider such concern raised by the Seller as null & all such claims will be rejected. Our decision in this regard shall be final & binding on the Seller. 
  4. Further, for non-food products, the Seller can raise grievances / concerns if the status of the Shipment is 'in transit' for a period of twenty-one (21) days from the date of dispatch of the Shipment. 
  5. The Seller will need to raise concerns/grievances with respect to the Undelivered Shipment directly to our customer support. The Seller can contact our customer support through the chat available on the support section on the The Company app or use our customer support number or email us at care@gopick.in. We will endeavor that the issue is resolved within 7 days from the date of escalation.

 

  1. Upon receipt of the complaint or dispute on the Website, our returns dispute team will get in touch with the Seller to resolve the concerns or disputes in accordance with our internal policies as may be amended & communicated to the Seller from time to time. Please take note that only claims for such Shipments that meet our packaging     guidelines will be entertained. 
  2. The Seller agrees to co-operate with us while investigating the claim raised by the Seller & provide us necessary documents or information which we may require to investigate into the issue or concern raised by the Seller within forty-eight (48) hours from requesting such document / information. The Seller further agrees that our decision with respect to the investigation shall be final & binding. 
  3. We may require certain documents / information from the Seller’s end in support of the claim, at the time of raising a claim or post submission of the claim. These documents / proof in support of the claim may, include without limitation: 
  1. Unpacking / normal video clip indicating the issues in the Undelivered Shipment. The video clip needs to capture all sides of the package, return ID, AWB number, shipping label, quantity of the returned product, damages in the Product, IMEI number (in case of smartphones), any tampering with the outer box etc. We may also ask for the CCTV footage of the unpacking video; 
  2. Copy of the invoice raised by the Seller to the Buyer; 
  3. Images of the damaged / wrong product received. Images capturing all the sides of the product needs to be provided; 
  4. Packing video (CCTV footage) of the Order when it was being prepared to be shipped to the Buyer, if required. 
  5. For mobile phones & smartphones: Image of the packet id on the flyer received; IMEI number of the missing/damaged smartphone or wrong smartphone received; GST invoice copy of the Products raised to the Buyer.
  6. Upon receipt of the Seller’s claim & necessary documentation in support of the claim, we will investigate internally & endeavour to resolve the dispute within five (5) days of receipt of dispute. If the claim is approved, we will initiate a refund for the invoice value of Undelivered Shipment within 3 (three) working days from the date of such approval. While remitting the monies to the Seller in relation to the claims approved herein, we reserve a right to charge a fee (“Claim Processing Fee”) for remitting the amount of refund to the Seller. The Claim Processing Fee shall be deducted from the total amount of the refund to be remitted to the Seller. The amount of the Claim Processing Fee shall be communicated to you from time to time, either by displaying it on the Website or through any other mechanism that we may deem fit. In case the Seller has received a wrong or damaged product, the Seller may contact our customer support & we will arrange for pick-up of the Shipment within ten (10) days of delivery of Undelivered Shipment. If the Seller fails to provide the Shipment to us, the claim shall be deemed to have been resolved & we shall not entertain any further claims against such undelivered shipment. 
  7. We reserve the right to reject the dispute raised by the Seller, if we in our opinion become suspicious or become aware of any misuse of this Policy or the Website by the Seller or where the Seller is marked as a "Flagged Seller". For the purposes of this Policy, Flagged Seller shall mean to include: 
  1. any Seller that misuses the Website in any manner whatsoever; 
  2. any Seller who disputes frequently, where such disputes are found to be non-genuine or suspicious; and / or 
  3. any Seller who has been found to be in non-compliance of the Terms & other returns policies that may be communicated to the Seller, from time to time. 
  1. Other Provisions 
  1. Random Audits by the warehouse or security team will be carried out at the Seller’s premises to ensure Seller’s compliance with the Terms. If any non-compliance to any of our policies or any other kind is found we may reject future claims from the Seller & may recover any amount processed as refund before. 
  2. Random QC Check of the Shipments might be done during transit of the Shipment. 
  3. We may modify this Policy from time to time, & any such changes will be reflected on the Website & be effective immediately upon the changes being reflected on the Website. The Seller agrees to be bound to any such changes or modifications & understand & accept the importance of regularly reviewing the Policy as updated on the Website from time to time. 

*Section II to IV of this Policy shall not be applicable to Sellers that are availing Standard Warehousing Services (except service relating to special access to fulfil Orders from own source) from us. Sellers availing Standard Warehousing Services (except service relating to special access to fulfil Orders from own source) should refer to the Seller    Terms to know more about the delivery of undelivered shipment to them & claims or disputes with respect to such undelivered shipment. 

Warehouse Returns Policy for Sellers 

This Warehouse Returns Policy (" Policy") shall be applicable to the sellers (hereinafter referred to as "you"/"Seller") that are availing warehousing services from ServCart Retail Technologies Private Limited (" The Company"), for storage for your non-food products in the warehouses of The Company. 

This Policy shall be applicable to any of the following cases; 

  1. return request(s) has been raised by the Buyer(s); 
  2. undelivered shipment(s); 
  3. any other returns as agreed under the warehousing service agreement executed between You & The Company (i.e., product(s) re-called by the Seller(s), and / or product(s) returned by The Company, for any reason whatsoever). 

Any capitalised terms used herein this Policy & not defined explicitly shall have the same meaning as defined in the warehousing service agreement. In the event of any conflict between this Policy & the terms of the warehousing services agreement entered into between you & The Company, the provisions as set out in this Policy shall prevail & supersede. 

  1. In case of any return request raised by the Buyer & / or any undelivered shipments:

(i) If the Buyer has raised return request of the Product(s) delivered to it due to following reasons: 

  1. wrong Product(s) and / or damaged Product(s); 
  2. missing product(s); & / or 
  3. difference in quantity, 

then THE COMPANY will facilitate the return of such Product(s) to the designated warehouse location of THE COMPANY (from where the Product(s) was dispatched). Once the Product(s) is received at the designated warehouse location of THE COMPANY, the Product(s) would be checked by THE COMPANY for any outer damage and / or any visible tampering to the packaging and / or any material damages to the Product(s). If the Product(s) is found to be without any such damages, the Product(s) would be accepted & inventoried in the warehouse by THE COMPANY. However, if the product(s) is found to be damaged, and / or tampered with, for reasons attributable to us, the Product(s) will be retained by THE COMPANY & the order value of such tampered or damaged Product will be reimbursed to you. In this regard, our decision with respect to the findings in relation to the damage / tampering of the Product(s) & the order value to be reimbursed to you shall be final & binding on you. 

(ii) if the buyer has raised a return request for the following reasons: 

  1. any manufacturing defect / functional defects in the Product(s); or 
  2. any quality related issues with respect to the Product(s); 

then THE COMPANY will facilitate the return of such Product(s) to the designated warehouse location of THE COMPANY (from where the Product(s) were dispatched). 

Any Product(s) which are returned by the Buyer due to the above-mentioned claims, such Products will be returned to you except where any damage and / or tampering to the Product(s), is due to any reasons attributable to THE COMPANY, which determination shall be made in THE COMPANY’s reasonable opinion. Our decision shall be final & binding on you in this regard. For the avoidance of doubt, the Products returned pursuant to (ii) above, shall not be inventoried at the warehouse. You shall be obligated to accept such Product(s). THE COMPANY disclaims all responsibility & liability with respect to any products that are returned by the Buyer & you agree not to hold THE COMPANY liable for any such claims or disputes or damages arising out of such return as contemplated herein. 

  1. Undelivered Shipment(s):

In case the Product(s) is undelivered for any reasons as per the terms of the undelivered shipment Policy, we will check the Product(s) for any outer damage and / or any visible tampering to the packaging and / or any material damages to the Product(s). If the Product(s) in our reasonable opinion appear to not be damaged, the Product(s) would be accepted & inventoried in the warehouse by THE COMPANY. In the event, the Product(s) is found to be damaged due to the above-mentioned reasons, such Product(s) will be retained by THE COMPANY & the order value / cost of such tampered or damaged Product will be reimbursed to you. In this regard, our decision shall be final & binding on you. You shall be obligated to accept such Products. 

  1. Returns as agreed under the warehousing service agreement executed between You & THE COMPANY:

(i) You may, at your sole discretion, recall your product(s) stored in the designated warehouses of THE COMPANY (in part or in full), for which no Order has been placed at the time of such recall request. 

(ii) THE COMPANY may in its sole & absolute discretion return the unsold Product(s) to you at anytime during the subsistence of this Policy. THE COMPANY may further exercise its right to return the Product(s) to you, if the Product(s) have not passed the physical verification conducted by THE COMPANY while the initial in-warding of the Product(s) in the designated warehouse. 

  1. Fees:

We may charge you logistics & transportation fee associated with respect to the return of Product(s) to you. Such fees shall be applicable to you as per the rates displayed on the Website. We reserve the right to modify the fees from time to time in our sole discretion. Any such modifications to the fee will be displayed on the Website & it shall be your obligation to regularly review the fees as may be updated from time to time via the Website. 

  1. Timelines for return of Product(s):

All the Product(s) to be returned to you in accordance with this policy shall be delivered to you within 90 days from the date the Product(s) being inventoried or such date that maybe communicated to you by THE COMPANY, whichever is later. 

  1. Claims & Disputes:

You can raise a dispute within seventy-two (72) hours from the time of delivery of the Product(s) to you for the following reasons: 

  1. missing products or items (in full or in part); or 
  2. products damaged in transit. 

You shall be required to raise a claim / dispute with respect to the products that are returned to you 

along with the copy of the delivery note in support of your claim. For raising a dispute / claim with respect to the shipment / products returned to you, you can reach out to THE COMPANY at care@gopick.in or via the Website. You may be required to provide documents / information in support of your claim, if requested by THE COMPANY. THE COMPANY will contact you for any such requirement. THE COMPANY’s decision with respect to settlement of the claim / dispute shall be final & binding on you & THE COMPANY shall not entertain any further claims once the claim / dispute has been settled / resolved. 

  1. Limitation of Liability:

Notwithstanding anything contained in this Policy, you agree that THE COMPANY’s aggregate liability & Seller’s sole remedy in case of any damage to the Product(s) or any logistics related issues that are attributable to THE COMPANY, shall be limited to the order value of such Product(s). 

  1. Modification to this Policy:

We may modify this Policy from time to time, & any such changes will be reflected on the Website & be effective immediately upon the changes being reflected on the Website. You agree to be bound to any such changes or modifications & understand & accept the importance of regularly reviewing the Policy as updated on the Website.