TRENDBUY SELLER SERVICE AGREEMENT
1. PREAMBLE AND DEFINITIONS 1.1. This Seller Service Agreement ("Agreement") is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. This Agreement is generated by a computer system and does not require any physical or digital signatures. 1.2. By registering as a vendor, seller, or supplier ("Seller") on the TrendBuy platform ("Platform"), or by submitting product inventory, images, or pricing via any digital medium including but not limited to WhatsApp, Telegram, Google Drive, or Email, you unequivocally accept and agree to be bound by the terms contained herein. 1.3. TrendBuy serves strictly as an "Intermediary" under Section 79 of the Information Technology Act, 2000, facilitating the sale of goods between third-party Sellers and end Buyers. TrendBuy does not exercise ownership, control, or authorship over the products or content listed by Sellers.
2. SELLER REPRESENTATIONS, WARRANTIES, AND COVENANTS 2.1. Ownership of Inventory: The Seller represents and warrants that they are the sole legal owner of all goods listed for sale on the Platform or, alternatively, possess a valid authorization or license to sell such goods in India. 2.2. Intellectual Property Compliance: The Seller explicitly warrants that all product images, videos, descriptions, and trademarks provided to TrendBuy do not infringe upon the Intellectual Property Rights (IPR) of any third party. This includes, but is not limited to, Copyrights, Trademarks, Patents, and Trade Secrets. 2.3. Prohibition of Counterfeits: The listing, sale, or distribution of counterfeit, replica, "first copy," or unauthorized branded merchandise is strictly prohibited. Any violation will result in immediate account suspension, forfeiture of pending payouts, and legal action. 2.4. Accuracy of Information: The Seller guarantees that all product specifications, including fabric, dimensions, weight, and color, provided via chat or cloud storage are accurate and current. The Seller shall be solely liable for returns arising from discrepancies between the product description and the actual item.
3. CONTENT LICENSE AND USAGE RIGHTS 3.1. By submitting any content (images, text, videos) to TrendBuy via any communication channel, the Seller grants TrendBuy a worldwide, perpetual, royalty-free, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, and display such content for the purpose of marketing, promoting, and selling the products. 3.2. The Seller agrees that TrendBuy may use automated tools, including Artificial Intelligence (AI), to enhance, rephrase, or optimize product titles and descriptions based on the raw data provided by the Seller.
4. ORDER FULFILLMENT, SHIPPING, AND DELIVERY 4.1. Dispatch Timeline: The Seller agrees to dispatch all confirmed orders within twenty-four (24) to forty-eight (48) hours of receiving the order notification. Failure to adhere to this timeline may result in cancellation penalties. 4.2. Packaging Standards: Products must be packaged securely to withstand standard shipping conditions. Any damage incurred during transit due to inadequate packaging shall be the sole liability of the Seller. 4.3. Inventory Management: The Seller is responsible for maintaining real-time inventory updates. If an order is placed for an item that is out of stock, the Seller must notify TrendBuy immediately. Repeated stock-outs may lead to account deactivation.
5. PRICING, PAYMENTS, AND TAXATION 5.1. Commercial Terms: The Seller determines the transfer price of the goods. TrendBuy reserves the right to determine the final selling price to the consumer, inclusive of platform fees, shipping charges, and applicable taxes. 5.2. Payout Schedule: Remittances to the Seller shall be processed in accordance with the Platform’s payment cycle (e.g., Weekly or Bi-Weekly) to the bank account registered by the Seller. 5.3. Tax Compliance: The Seller is solely responsible for the calculation, filing, and payment of all applicable taxes, including GST, arising from their sales. TrendBuy shall not be liable for any tax defaults by the Seller.
6. RETURNS, REFUNDS, AND DISPUTE RESOLUTION 6.1. Seller-At-Fault Returns: In the event of a return due to a defect, wrong product, size mismatch, or quality issue, the Seller shall bear the full cost of the product, including forward and reverse logistics charges. 6.2. RTO (Return to Origin): Undelivered shipments returned to the source will be routed back to the Seller’s designated warehouse or pickup address. 6.3. Dispute Resolution: In case of a dispute between the Buyer and Seller regarding product quality, TrendBuy’s decision shall be final and binding.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY 7.1. Indemnity: The Seller agrees to indemnify, defend, and hold harmless TrendBuy, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) The Seller’s violation of any term of this Agreement; (b) The Seller’s violation of any third-party right, including without limitation any Copyright, Property, or Privacy Right; (c) Any claim that a product listed by the Seller caused damage to a third party. 7.2. Limitation of Liability: In no event shall TrendBuy be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Platform or this Agreement.
8. TERMINATION AND SUSPENSION 8.1. TrendBuy reserves the right to terminate this Agreement and suspend the Seller’s access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Seller breaches the Terms. 8.2. Upon termination, the Seller’s right to use the Platform will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. GOVERNING LAW AND JURISDICTION 9.1. This Agreement shall be governed by and construed in accordance with the laws of India. 9.2. Any dispute or claim arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Mudukulathur, Tamil Nadu, India.
10. MISCELLANEOUS 10.1. Electronic Communication: When you use the Platform or send emails or other data to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. 10.2. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.