Welcome to the www.sudocaz.com (the “Platform”). SUDOCAZ INDIA PRIVATE LIMITED provides this site you subject to the following conditions. By visiting the services of the Platform, you accept these conditions. Please read them carefully. In addition, when you use any current or future Sudocaz service or business, you will be subject to the guidelines, terms and agreements applicable to such service or business.
These ‘Conditions of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I. Seller Eligibility
II. Your Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Seller :
· Seller Complete Name
· Seller Complete Address
· Seller Complete Contact details
· Seller Grievance Officer details for Consumer Complaints
· Phone no.
· Email Address
· Business Pan
· Pick-up Address
· Registered Address - Principal geographic address of its headquarters and all branches
· Bank A/c Details
· Account Holder Name
· Cancelled Cheque
· Display Legal Name
· Legal Name / Trade Name
· Contractual information (SLA)
· Total price in single figure of any goods / service (break up price / charges, if any)
· Relevant details of goods including Manufacturer / Packer / Name and Complete Address
· Relevant details of imported goods including Name and details of Importer with correct Country of Origin (Country’s full name)
· Relevant guarantee or warranties applicable to all goods / services you are selling on the platform.
You agree that you have necessary licences and permits for the sale on the Platform which shall be including but not limited to the licences required by all applicable laws.
You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
III. Seller Account Deactivation
As per our policy, if a Seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said Seller for downloading payment and taxation reports, if required. After 90 days, the Seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the Seller’s account will be deactivated provided there are no outstanding payments due from the Seller, with certain information being retained by Sudocaz at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the Sellers in the future. If a Seller decides to commence his business with F Sudocaz again, he/she will not be able to create a new account but the older account can be restored if it is required.
IV. Electronic Communications
when you visit the Platform or send-emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Platform, such as text, graphics, logos, button icons, images, data compilations and software is the property of Sudocaz, India.
Sudocaz logo, Sudocaz trademarks and other marks indicated on Platform are the trademarks of Sudocaz.
As a registered Seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Sudocaz reserves the right to delete such multiple listings of the same product listed by you in various categories. Sudocaz reserves the right to restrict the selling of products originating from certain countries.
VIII. Compliance on selling of Goods / Services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Goods / Services supplied by you.
It is your responsibility to charge appropriate Goods and Services taxes on the supplies affected and remittance of the same to the Government. Sudocaz shall not be responsible for any deficiency and / or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and / UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Sudocaz to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, Sudocaz would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
IX. License and Platform access
Sudocaz grants you a limited license to access and make personal use of this Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sudocaz, as may be applicable. This license does not include any resale or commercial use of this Platform or its contents; any derivative use of this Platform; or any use of data mining, robots or similar data gathering and extraction tools. This Platform or any portion of this Platform (including but not limited to copyrighted material, trademarks or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Sudocaz.
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and / or services are as per principal to principal bipartite contractual obligations between Sellers and Buyers and the payment facility is merely used by Sellers and Buyers to facilitate the completion of transactions. Use of the payment facility shall not render Sudocaz liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
2. You have specifically authorised Sudocaz or its service providers to collect, process, facilitate, and remit payments and / or the transaction price electronically or through cash on delivery (CoD) to and from Buyers in respect of transactions through payment facility. Your relationship with Sudocaz is on a principal to principal basis and by accepting the ToU, you agree that Sudocaz is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Sudocaz does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Sudocaz is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorised banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Sudocaz neither acts as a trustee or fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Sudocaz’s sole discretion.
XI. Dispatch of products and / or services
1. You, as a Seller, shall be required to dispatch the products and / or services for every transaction to the Buyer within the time period as provided in the ToU to ensure that the products and / or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Sudocaz will not be responsible for undertaking any insurance(s) for products sold by Sellers on the Platform.
2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Sudocaz in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
3. Seller shall dispatch the products and / or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a Seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Sudocaz on demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorised and shall not be misleading, fraudulent, false, unauthorised, illegal and shall not contain any misrepresentation of facts.
5. In case a Seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the ToU and may lead to suspension and / or termination of Seller account.
6. Seller agrees that the transaction price paid by a Buyer will be remitted to a Seller’s bank account contingent upon the following events:
(i) Buyer confirms the delivery of products and / or services in the transaction;
(ii) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and / or services by a Seller to the Buyer;
(iii) Buyer’s refund claim is rejected by Sudocaz due to any breach of the ToU, policies, and any applicable law;
(iv) Once the transaction is completed by the Seller, the remittance to Seller shall be made in accordance with RBI Intermediary Guidelines.
7. You are required to route all shipments / consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Sudocaz.
XII. Prepaid Payment Instruments
Sudocaz may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by Buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:
(i) Such prepaid instruments may be used to make payments for the products and / or services purchased on the Platform.
(ii) Such prepaid instruments can be redeemed by Buyers by selecting the payment mode as may be provided on the Platform.
(iii) Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
(iv) If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective Buyer via Credit Card / Debit Card / Internet Banking. COD shall not be available as payment option for such transactions.
(v) If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
(vi) Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
(vii) Prepaid instruments cannot be redeemed for cash.
(viii)Sudocaz is not responsible if prepaid instruments are lost, stolen, or used without permission.
(ix) Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
(x) Purchases of prepaid instruments are not eligible for cashback offers.
(xi) All Sellers on the Platform will accept this prepaid instrument as a payment instrument.
(xii)Sudocaz will make payments to Sellers whose products and / or services have been purchased by Buyers redeeming Electronic Gift Vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
Registration on the Platform is free. Sudocaz does not charge any fee for browsing / registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Sudocaz reserves the right to change its fee policy from time to time. In particular, Sudocaz may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Sudocaz reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Sudocaz. You shall be solely responsible for compliance with all applicable laws for making payments to Sudocaz. You hereby agree that Sudocaz shall have the right to set off any amounts due and payable by You to Sudocaz against any payments due from Sudocaz to You.
XIV. GST / Taxes
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST / IGST / CGST + UGST and GST cess as may be applicable to the transaction).
(i) A Seller agrees that Sudocaz may offer to provide Express Remittance to eligible Sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements / directions of the nodal bank. Sudocaz, at its sole discretion, may make such an offer to eligible Sellers and the same shall not be construed as a right but only as a privilege. Eligible Sellers understand that Sudocaz reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Sudocaz’s policies and / or failure by the eligible Sellers to maintain or comply with the parameters as may be decided by Sudocaz from time to time.
A Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a Seller.
(iii) In case of any chargebacks levied by the bank, Sudocaz shall have the right to deduct such chargebacks from Seller remittances, present and future, and a Seller’s only remedy will be to discuss and resolve the same with the bank. A Seller hereby agrees to extend full cooperation in resolving the chargeback disputes raised by a Buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a Seller, Sudocaz shall be entitled and authorised to recover the same from the Seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Sudocaz has made any excess payment to the Seller inadvertently, such excess payments shall be set-off from any future payments payable by Sudocaz to the Seller.
(iv) Sudocaz may delay notifying the payment confirmation, i.e. informing the Seller to dispatch if Sudocaz deems suspicious or a Buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Sudocaz may hold transaction prices and not inform Sellers to dispatch or remit transaction prices to law enforcement officials (instead of refunding the same to a Buyer) at the request of law enforcement officials or in the event of a Buyer being engaged in any form of illegal activity.
(v) Sellers acknowledge that Sudocaz will not be liable for any damages, interests, claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price that is beyond the control of Sudocaz.
(vi) Sudocaz shall make payments into the bank account provided by a Seller during the Seller registration process. Once Sudocaz has made payments into such a bank account number, Sudocaz shall be discharged of any / all liabilities towards the Seller and the Seller shall not be eligible for any claims whatsoever.
XV. Compliance with Laws
1. Seller acknowledges and undertakes the compliance with all applicable laws and also will sign the declarations captured in this ToU.
2. In the event of sale of jewellery, the Seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Sudocaz shall not be liable whatsoever for any non-compliance in this regard.
3. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of Sudocaz (or any Sudocaz group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“Sudocaz’s Personal Information"), you agree to:
(a) comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
(b) keep and maintain all Sudocaz’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
(c) process Sudocaz’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorised disclosure of Sudocaz’s Personal Information to any third party.
8. You undertake sole and exclusive responsibility to ensure that the products you want to list on Sudocaz.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land, Sudocaz’s Prohibited and Restricted Items Policy, or other Sudocaz policies .
9. Products must adhere to the Legal Metrology laws and Indian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and / or its components are commensurate with the mandatory and legal requirements of the same which make the product and / or components accurate, authentic and secure for consumption / utilisation by the Customer. Sudocaz does not assume any responsibility for the proceedings undertaken by an aggrieved Customer / Consumer against the Seller in the event of a non-adherence. However, in the event of a complaint from a Consumer / Customer, the Seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which Sudocaz can temporarily / indefinitely suspend / terminate / block / with-hold your account at its own discretion.
10. Compliances under The Consumer Protection (E-commerce) Rules, 2020 as amended and if substituted from time to time:
(a) You should not mislead and misguide the Consumer by posting false reviews for your own products / service's quality and features pretending as Consumer on the Sudocaz Platform.
(b) If in case your products / services are defective, deficient, adulterated or spurious, or if the products or services are not of the features as advertised or as agreed to or delivered late from the stated delivery schedule. You shall provide benefits of Refund, Return / Replacement, Exchange, Warranty and Guarantee, Withdrawal and Cancellation for the products / services listed on the Sudocaz Platform.
(c) You agree and undertake to comply with:
(i) To register yourself with Sudocaz Internet Private Limited for selling your products / services on Sudocaz Platform;
(ii) To form a Consumer Grievance Redressal Mechanism to resolve the consumer disputes whenever referred by Sudocaz Platform;
(iii) The products / services offered on the Sudocaz Platform are consistent with actual quality and features of the products / services as shown on Sudocaz Platform;
(iv) To display your all details such as your company's / Firm’s name, geographic address, customer care details, consumer's review for the product / services listed & other info, if any;
(d) You shall be responsible to display your:
(i) Products / services details on the Sudocaz Platform, which are required to be displayed as per applicable laws;
(ii) Total price of products / services & its breakup with all required charges (delivery charges / postal charges / handling / conveyance charges and applicable taxes);
(iii) Manufacturing / packed date, Expiry date of products wherever applicable by law;
(iv) Required details of products / services including Country Of Origin to enable the consumer to make the right decision;
(v) To appoint your Grievance Officers;
(vi) In case your products are imported it may be by you or from someone else, you need to provide the details such as Name and complete address as “Imported by”;
(vii)You shall ensure the authenticity or genuineness of your products / services;
(viii) You shall provide updates on shipment and delivery of products / services that are shipped from your premises;
(ix) You shall provide the Guarantees or Warranties for your products / services, if applicable.
11. Compliances under The Legal Metrology (Packaged Commodities) Rules 2011 as amended and if substituted from time to time
1. Your products / services listed on Sudocaz Platform has to comply with the Rule 6 (10) of the LM (PC) Rules, 2011;
2. You shall be responsible for displaying all the product’s label declarations on the Sudocaz Platform as required under Rule 6 (1) of LM (PC) Rules for the consumer’s review;
3. Any non compliance by you in regards to your product / services, which get listed on the Sudocaz Platform, you shall be solely responsible and liable for the legal repercussions;
4. You shall indemnify and shall keep indemnified Sudocaz Internet Private Limited for all the direct and indirect losses, damages, fines, penalties, etc., incurred / suffered by the Sudocaz Internet Private Limited and or as and when imposed by any government offices / authorities due to commission of unlawful act or non commission of lawful act, negligence act by you in regards to your products / services listed on the Sudocaz Platform.
XVI. Seller Action Framework
The Seller shall be responsible and liable for any notices / governmental communications received from applicable authorities by Sudocaz. Seller shall respond, defend and hold Sudocaz harmless from any such claims pursuant to any listing by the Seller.
The Seller shall be responsible for listing the products under the specified category and shall in no manner list the products in any other category which shall mislead the consumers in any manner. The Seller shall be responsible for any returns pursuant to manufacturing defect and shall communicate with the manufactures to resolve such situations.
The Seller shall be responsible for any action / penalty received by Sudocaz and shall be liable to pay the entire amount of penalty as received by Sudocaz. Sudocaz shall not be responsible for any violation of applicable laws by the Sellers.
For more details regarding the Seller Action Framework, please refer to Sudocaz’s Prohibited & Restricted Item Policy.
XVII. Product Description
Sudocaz does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Sudocaz shall have the right to inspect and audit Seller’s records and premises / place of business through itself or through Sudocaz approved third party testing agencies. Cost of such an audit shall solely be borne by Sudocaz unless the audit reflects discrepancy in Seller accounts / non-compliance with Sudocaz’s Seller policies, in which case the cost of audit shall be borne by the Seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily / indefinitely suspend / terminate / block your account and / or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
2. if we are unable to verify or authenticate any information you provide;
3. if it is believed that your actions may cause legal liability for you, other users, or us; or
4. if you do not produce the legal requirement documents such as the documents required for product sales in the Drugs and Cosmetics category, the BIS licence documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by the Sudocaz Authorities.
We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
XXI. Use of Platform
Seller must not use this Platform for any of the following:
XXII.Your License : If you submit material , product and unless we indicate otherwise, you grant Sudocaz, a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content on the Platform. You grant Sudocaz the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own and otherwise control all the right to the content or material that you post or submit or that you otherwise provide on or through the Platform; that the content is accurate; that the content is lawful; that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sudocaz for all claims arising from content you supply. Sudocaz has the right but not obligation to monitor and edit or remove any activity or content. Sudocaz takes no responsibility and assumes no liability for any content submitted by you or any third party.
XXIII.Copyright Complaints: Sudocaz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement of your intellectual property, please inform us with appropriate supporting.
XXIV.Disclaimer of warranties and limitation of liabilities: This Platform is provided by Sudocaz on an “as is” and “as available” basis. Sudocaz make no representations or warranties of any kind, express or implied, as to the operation of this Platform or the information, content, materials, or products included on this Platform. You expressly agree that your use to this Platform is at your sole risk. Sudocaz reserves the right to withdraw or delete any information from this Platform at any time in its discretion.
To the full extent permissible by applicable law, Sudocaz disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Sudocaz does not warrant that this Platform, its servers or e-mail sent from Sudocaz are free of viruses or other harmful components. Sudocaz wil not be liable for any damages of any kind arising from use of this Platform, including but not limited to direct, indirect, incidental, punitive and consequential damages.
XXVI.Disputes: Any dispute relating in any way to your visit to this Platform shall e submitted to the exclusive jurisdiction to the courts at Mumbai, India.
XXVIII.Our Address: This Platform is owned and operated by Sudocaz India Private Limited, having address at 1003, Crescent Royal, Veera Desai Road, Andheri (W), Mumbai 400053.