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Return to shopSeller Agreement (Term of Use)
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act,
2000”), the applicable rules thereunder and the 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 and does not require any physical or digital signatures
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.Orgo.com website
The domain name www.Orgoallnatural.com, including the related mobile site and mobile application as well as the seller portal is owned and operated by Arkiyushastitva Organic LLP (hereinafter referred to as ‘Orgo All-Natural’), a company incorporated under the Companies Act, 1956, with its registered office at At Kesho Lal Road, Loadipur, Maurya Lok, Patna, Bihar 800001, India.
For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Orgo All-Natural by providing registration data while registering on the Seller Portal using computer systems. The word ‘you’ and ‘your’ shall collectively imply a seller, and the terms ‘we’, ‘us’ and ‘our’ shall mean Arkiyushastitva Organic.
Your use of the Seller Portal and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Seller Portal, notifications and communications sent to you on the Seller Portal which are incorporated herein by way of reference. By mere use of the Seller Portal, you shall be contracting with Orgo All-Natural, and these terms and conditions including the policies constitute your binding obligations to Orgo All-Natural.
When you use any current or future services provided by us through the Seller Portal you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Seller Portal. Your continued use of the Seller Portal following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a perso
Accessing, browsing, or otherwise using the seller portal indicates your agreement with all the terms and conditions under the ToU. Please read the ToU carefully before proceeding. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of Orgo All-Natural’s policies applicable to you, as amended, from time to time.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.Orgo.com website
The domain name www.Orgoallnatural.com, including the related mobile site and mobile application as well as the seller portal is owned and operated by Arkiyushastitva Organic LLP (hereinafter referred to as ‘Orgo All-Natural’), a company incorporated under the Companies Act, 1956, with its registered office at At Kesho Lal Road, Loadipur, Maurya Lok, Patna, Bihar 800001, India.
For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Orgo All-Natural by providing registration data while registering on the Seller Portal using computer systems. The word ‘you’ and ‘your’ shall collectively imply a seller, and the terms ‘we’, ‘us’ and ‘our’ shall mean Arkiyushastitva Organic.
Your use of the Seller Portal and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Seller Portal, notifications and communications sent to you on the Seller Portal which are incorporated herein by way of reference. By mere use of the Seller Portal, you shall be contracting with Orgo All-Natural, and these terms and conditions including the policies constitute your binding obligations to Orgo All-Natural.
When you use any current or future services provided by us through the Seller Portal you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Seller Portal. Your continued use of the Seller Portal following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a perso
Accessing, browsing, or otherwise using the seller portal indicates your agreement with all the terms and conditions under the ToU. Please read the ToU carefully before proceeding. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of Orgo All-Natural’s policies applicable to you, as amended, from time to time.
Seller Eligibility
The use of the Seller Portal is available only to persons who can form legally binding contracts
under the Indian Contract Act. Persons who are “incompetent to contract” within the meaning
of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to use the Seller Portal. If you are a minor i.e., under the age of 18 years, you shall not
register as a seller on the Seller Portal, transact or use the Seller Portal. Orgo All-Natural
reserves the right to terminate your registration and/or refuse you access to the Seller Portal if
it is brought to Orgo All-Natural’s notice or discovered that you are under the age of 18 years.
If you register as a business entity, you represent that you are duly authorized by the business
entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration Obligations
In the course of your use of the Seller Portal, you agree to furnish your details and information
as requested by us from time to time. 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, 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 Seller Portal or indefinitely block you from accessing the Seller Portal.
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. After 90 days, the seller’s account will be deactivated provided
there are no outstanding payments due from the seller, with certain information being retained
by Orgo All-Natural 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 Orgo All-Natural again, he/she will not be able to create a new account but the
older account can be restored if it is required.
Termination of Account
The account will be terminated in case of one of followings:
- 1. In case of untrue documents, violation of content, misuse of Seller Portal, violation of term of use, the account will be terminated immediately.
- 2. You shall not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Portal software, whether in whole or in part, or create any derivative works from or of the Portal software.
- 3. You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or working of the Portal.
- 4. You will not make illegal use of the Portal or use it for purposes which are illegal.
- 5. You shall not attempt to gain any unauthorized access to any portion or feature of the Portal, other systems, networks connected to the Portal, server, computer, network, or the services offered on or through the Portal by hacking, password ‘mining’, or any other illegitimate means.
- 6. You will not interfere or interrupt any other user who is a user of the Portal in their use of the Portal.
- 7. You will not attempt to gain access to our software systems or servers or any other computer systems.
- 8. You will not use, copy, license, remove, obscure, or alter any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the Portal.
- 9. You may not systematically, or otherwise, extract/ or re-utilise parts of the contents of the Portal without Orgo All-Natural’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Portal, without Orgo All-Natural’s express written consent.
- 10. You will not access (or attempt to access) any features offered via the Portal by any means other than the interface that is provided by Orgo All-Natural.
- 11. You may use the Portal solely for purposes of enabling you to use the services as provided by Orgo All-Natural, and as permitted by these Terms and any other terms. You may not incorporate any portion of the Portal into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Portal software or otherwise assign any rights to the Portal software in whole or in part.
- 12. You may not use the Portal software for any illegal purpose. We may cease providing any Portal software and we may terminate your right to use any Portal software at any time. Your rights to use the Portal software will automatically terminate without notice from us if you fail to comply with any of these Terms, or any other terms. Additional third party terms contained within or distributed with certain Portal software that are specifically identified in related documentation may apply to that Portal software (or software incorporated with the Portal Software) and will govern the use of such software in the event of a conflict with these Terms.
- 13. You shall not share, copy, or provide access to any third party to any information or data or statistics provided to you by the Portal for any reasons whatsoever. All data and information provided to you through the Portal is the sole property of Orgo All-Natural. Any information or data provided by Seller through the use of Portal, Orgo All-Natural shall have the right to retain and use the information or data and Seller shall have no objection to the same. You represent and warrant that any and all information or data provided is true, accurate, current, reliable and complete always
Communications
When you use the Seller Portal or send emails, other data, information, or communication 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 or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Use of the Seller Portal
You agree, undertake and confirm that your use of the Seller Portal shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) 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];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Seller Portal, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Seller Portal, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Seller Portal;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Seller Portal without our prior written consent.
Throughout the ToU, Orgo All-Natural’s prior written consent means a communication coming from Orgo All-Natural’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Seller Portal;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Seller Portal or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens 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 offence or prevents investigation of any offence or is insulting any other nation; offends the religious and
national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Seller Portal or content or in any way reproduce, or circumvent the navigational structure, presentation of the Seller Portal, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Seller Portal. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Seller Portal, other systems, networks connected to the Seller Portal, server, computer, network, or the services offered on or through the Seller Portal by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Seller Portal or any network connected to the Seller Portal or breach the security, authentication measures on the Seller Portal or any network connected to the Seller Portal. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Seller Portal (including any account on the Seller Portal that is not owned by you) or to its source or exploit the Seller Portal, any service, information made available, or offered by or through the Seller Portal in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Seller Portal.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Orgo All-Natural, Orgo All-Natural.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Orgo All-Natural or sellers on the Seller Portal or otherwise tarnish or dilute any Orgo All-Natural trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Seller Portal or Orgo All-Natural’s systems, networks, or any systems or networks connected to Orgo All-Natural.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Seller Portal, any transaction being conducted on the Seller Portal or any other person’s use of the Seller Portal.
7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Seller Portal, or any service offered on or through the Seller Portal. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Seller Portal or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Orgo All-Natural and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Seller Portal, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Seller Portal qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time.
11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Orgo All-Natural.
12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Seller Portal in any manner.
13. You shall not engage in advertising or solicitation of other sellers on the Seller Portal to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Seller Portal. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Seller Portal. It shall be a violation of the ToU to use any information obtained from the Seller Portal in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Seller Portal) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Seller Portal. Orgo All-Natural shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Orgo All-Natural’s views. In no event shall Orgo All-Natural assume or have any responsibility or liability for any content posted on the Seller Portal or claims, damages, or losses resulting from its use and/or appearance of it on the Seller Portal. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Seller Portal (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Seller Portal.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Seller Portal, other systems, networks connected to the Seller Portal, server, computer, network, or the services offered on or through the Seller Portal by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Seller Portal or any network connected to the Seller Portal or breach the security, authentication measures on the Seller Portal or any network connected to the Seller Portal. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Seller Portal (including any account on the Seller Portal that is not owned by you) or to its source or exploit the Seller Portal, any service, information made available, or offered by or through the Seller Portal in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Seller Portal.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Orgo All-Natural, Orgo All-Natural.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Orgo All-Natural or sellers on the Seller Portal or otherwise tarnish or dilute any Orgo All-Natural trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Seller Portal or Orgo All-Natural’s systems, networks, or any systems or networks connected to Orgo All-Natural.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Seller Portal, any transaction being conducted on the Seller Portal or any other person’s use of the Seller Portal.
7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Seller Portal, or any service offered on or through the Seller Portal. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Seller Portal or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Orgo All-Natural and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Seller Portal, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Seller Portal qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time.
11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Orgo All-Natural.
12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Seller Portal in any manner.
13. You shall not engage in advertising or solicitation of other sellers on the Seller Portal to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Seller Portal. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Seller Portal. It shall be a violation of the ToU to use any information obtained from the Seller Portal in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Seller Portal) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Seller Portal. Orgo All-Natural shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Orgo All-Natural’s views. In no event shall Orgo All-Natural assume or have any responsibility or liability for any content posted on the Seller Portal or claims, damages, or losses resulting from its use and/or appearance of it on the Seller Portal. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Seller Portal (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Seller Portal.
selling
As a registered seller, you shall list item(s) for sale on the Seller Portal 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 Seller Portal 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 Seller Portal. 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. You agree not to list a single product in multiple quantities across various categories on the Seller Portal. Orgo All-Natural reserves the right to delete such multiple listings of the same product listed by you in various categories.
Product Description
Orgo All-Natural does not warrant that product description or other content on the Seller Portal is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Quality and Quantity Assurances
The seller assures the customers to provide the right quality of a product. Also, the measurement of a quantity is carried out rightly. Quality issue is solely the responsibility of the seller.
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 effected and remittance of the same to the Government. Orgo All-Natural 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 Orgo All Natural 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 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, Orgo All-Natural 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.
Orgo All-Natural will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Seller Portal at 1%.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Orgo All-Natural 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 Orgo All Natural 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 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, Orgo All-Natural 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.
Orgo All-Natural will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Seller Portal at 1%.
Content Posted on the Seller Portal
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Orgo All-Natural has no responsibility or liability over such third-party generated Content as Orgo All-Natural is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Seller Portal including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Orgo All-Natural ’s prior written consent.
You shall be responsible for the Content posted or transmitted on the Seller Portal by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and
transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.
You shall be responsible for the Content posted or transmitted on the Seller Portal by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and
transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.
Payment
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 Orgo All- Natural 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 Seller Portal.
2. You have specifically authorized Orgo All-Natural 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 Orgo All-Natural is on a principal-to-principal basis and by accepting the ToU, you agree that Orgo All-Natural 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 Seller Portal and paid for by using the payment facility.
3. You understand, accept, and agree that the payment facility provided by Orgo All-Natural 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 Seller Portal using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Orgo All-Natural neither acts as a trustee nor 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 Orgo All-Natural’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
2. You have specifically authorized Orgo All-Natural 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 Orgo All-Natural is on a principal-to-principal basis and by accepting the ToU, you agree that Orgo All-Natural 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 Seller Portal and paid for by using the payment facility.
3. You understand, accept, and agree that the payment facility provided by Orgo All-Natural 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 Seller Portal using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Orgo All-Natural neither acts as a trustee nor 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 Orgo All-Natural’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
Dispatch of products and/or services
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 Seller Portal. For avoidance of doubt, Orgo All-Natural will not be responsible for undertaking any insurance(s) for products sold by sellers on the Seller Portal.
In case the seller opts for self-ship option (i.e, shipping on its own), the seller is abiding to follow the followings:
1. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Seller Portal to Orgo All-Natural in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
2. Seller shall dispatch the products and/or services using only an approved delivery channel. Delivery documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch.
3. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
4. 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.
5. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer’s refund claim is rejected by Orgo All-Natural due to any breach of the ToU, policies, and any applicable law; Once the delivery is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines. In case the seller opts for Orgo-ship option (i.e, shipping through Orgo All-Natural’s approved Logistic Service Provider), the seller is abiding to follow the followings:
1. 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 Orgo All-Natural.
2. You will download the provided Label, Invoice and Manifest provided at your seller portal account for every order ID, print and issue an invoice for the purchased Product to the Customers from the seller portal provided by the company. At times, the Invoice may contain some additional shipping, COD or any other charges charged to the customer based on the company’s policy from time to time.
3. You will ensure to paste the label on the parcel, put invoice inside the parcel and get the manifest duly signed by the logistic partner coming to pick the parcel.
In case the seller opts for self-ship option (i.e, shipping on its own), the seller is abiding to follow the followings:
1. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Seller Portal to Orgo All-Natural in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
2. Seller shall dispatch the products and/or services using only an approved delivery channel. Delivery documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch.
3. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
4. 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.
5. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer’s refund claim is rejected by Orgo All-Natural due to any breach of the ToU, policies, and any applicable law; Once the delivery is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines. In case the seller opts for Orgo-ship option (i.e, shipping through Orgo All-Natural’s approved Logistic Service Provider), the seller is abiding to follow the followings:
1. 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 Orgo All-Natural.
2. You will download the provided Label, Invoice and Manifest provided at your seller portal account for every order ID, print and issue an invoice for the purchased Product to the Customers from the seller portal provided by the company. At times, the Invoice may contain some additional shipping, COD or any other charges charged to the customer based on the company’s policy from time to time.
3. You will ensure to paste the label on the parcel, put invoice inside the parcel and get the manifest duly signed by the logistic partner coming to pick the parcel.
Return Refund
The website has to return the goods on the eligible requests of the customer immediately and the seller will be cooperating with the returns and exchange. The seller will bear all the logistics cost incurred due to return of item related to poor quality issue, mismatch in the description of the product, product not matching with the uploaded image on the seller portal by you, delay in packaging. For damaged/ defective items, the seller will issue a refund if the item cannot be repaired or replaced. In any case where a refund is required, the seller(s) need to authorize that refund. Orgo All-Natural can assist in facilitating refunds for you only when the seller notifies us of the receipt of the item.
Charges
Registration on the Seller Portal is free. Orgo All-Natural does not charge any fee for browsing/registering on the Seller Portal. However, before you list a product or service for sale through the Seller Portal, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Orgo All-Natural reserves the right to change its fee policy from time to time. In particular, Orgo All-Natural may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Seller Portal. In such an event, Orgo All-Natural 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 Seller Portal and such changes shall automatically become effective immediately after they are posted on the Seller Portal. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR). You shall be solely responsible for compliance with all applicable laws for making payments to Orgo All-Natural. You hereby agree that Orgo All- Natural shall have the right to set off any amounts due and payable by You to Orgo All-Natural against any payments due from Orgo All-Natural to You.
GST /Taxes: You are responsible for paying all fees associated with the use of the Seller Portal 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).
1. A seller agrees that Orgo All-Natural 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. Orgo All-Natural, 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 Orgo All-Natural reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Orgo All- Natural ’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Orgo All-Natural from time to time.
2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Orgo All-Natural shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these
terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices. A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by Orgo All-Natural’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Orgo All-Natural 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 co- operation 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, Orgo All-Natural shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Orgo All-Natural has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by Orgo All-Natural to the seller.
4. Orgo All-Natural may delay notifying the payment confirmation, i.e. informing the seller to dispatch if Orgo All-Natural deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Orgo All-Natural may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that Orgo All-Natural 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 Orgo All-Natural.
6. Orgo All-Natural shall make payments into the bank account provided by a seller during the seller registration process. Once Orgo All-Natural has made payments into such a bank account number, Orgo All-Natural shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
GST /Taxes: You are responsible for paying all fees associated with the use of the Seller Portal 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).
1. A seller agrees that Orgo All-Natural 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. Orgo All-Natural, 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 Orgo All-Natural reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Orgo All- Natural ’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Orgo All-Natural from time to time.
2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Orgo All-Natural shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these
terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices. A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by Orgo All-Natural’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Orgo All-Natural 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 co- operation 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, Orgo All-Natural shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Orgo All-Natural has made any excess payment to the seller inadvertently, such excess payments shall be set-off from any future payments payable by Orgo All-Natural to the seller.
4. Orgo All-Natural may delay notifying the payment confirmation, i.e. informing the seller to dispatch if Orgo All-Natural deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Orgo All-Natural may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that Orgo All-Natural 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 Orgo All-Natural.
6. Orgo All-Natural shall make payments into the bank account provided by a seller during the seller registration process. Once Orgo All-Natural has made payments into such a bank account number, Orgo All-Natural shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Settlement time period
Payment will be made twice a month,15th and last date of every month. Except as otherwise stated in this Agreement, you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days.
Compliance with Laws:
1. Seller shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply and sell the [*] (“Products”) on www.Orgo All-Natural .com under applicable
laws, from time to time, including, the Food Safety and Standards Act, Food safety and standards (licensing and registration of food business), Regulations, and all applicable
legislations under Food Safety and Standards Regulations, in each case, as amended from time to time. For all times during which the seller may advertise, distribute, market, supply or sell the Products on www.Orgo All-Natural .com, the undertaking remains true and correct in all respects. Further, the seller shall immediately notify Orgo All-Natural Internet Private Limited, in writing, upon the lapse of the FSSAI License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the FSSAI License. The seller acknowledges and agrees that Orgo All-Natural Internet Private Limited shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes. Seller shall also comply with the Legal Metrology Act and the related rules and regulations while listing products on the Seller Portal Orgo All-Natural .com. Seller shall be required to enter the mandatory attributes while listing products on the Seller Portal (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments.
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 Orgo All-Natural shall not be liable whatsoever for any non- compliance in this regard.
3. In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Orgo All-Natural hereby disclaims any responsibility for conducting Buyer KYC. 4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
6. 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 Orgo All- Natural (or any Orgo All-Natural group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“Orgo All-Natural ’s Personal Information”), you agree to:
1. 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;
2. keep and maintain all Orgo All-Natural ’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and 3. process Orgo All-Natural ’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 unauthorized disclosure of Orgo All-Natural ’s Personal Information to any third party.
Audits
Orgo All-Natural shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Orgo All-Natural approved third-party testing agencies. Cost of such an audit shall solely be borne by Orgo All-Natural unless the audit reflects discrepancy in seller accounts / non-compliance with Orgo All-Natural ’s seller policies, in which case the cost of audit shall be borne by the seller.
Breach
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 Seller Portal, or put your account on hold, in the event of, including but not limited to, the following:
1. if you breach the ToU, privacy policy or other policies (if any);
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 license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by Orgo All-Natural 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 Seller Portal (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.
Indemnity
You shall indemnify and hold harmless Orgo All-Natural its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
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 Orgo All-Natural shall not be liable whatsoever for any non- compliance in this regard.
3. In the event of sale of jewellery, Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Orgo All-Natural hereby disclaims any responsibility for conducting Buyer KYC. 4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
6. 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 Orgo All- Natural (or any Orgo All-Natural group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“Orgo All-Natural ’s Personal Information”), you agree to:
1. 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;
2. keep and maintain all Orgo All-Natural ’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and 3. process Orgo All-Natural ’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 unauthorized disclosure of Orgo All-Natural ’s Personal Information to any third party.
Audits
Orgo All-Natural shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Orgo All-Natural approved third-party testing agencies. Cost of such an audit shall solely be borne by Orgo All-Natural unless the audit reflects discrepancy in seller accounts / non-compliance with Orgo All-Natural ’s seller policies, in which case the cost of audit shall be borne by the seller.
Breach
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 Seller Portal, or put your account on hold, in the event of, including but not limited to, the following:
1. if you breach the ToU, privacy policy or other policies (if any);
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 license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by Orgo All-Natural 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 Seller Portal (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.
Indemnity
You shall indemnify and hold harmless Orgo All-Natural its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark, Copyright and Restriction
The Website is controlled and operated by Orgo All-Natural and products are sold by respective registered sellers. All material on the Seller Portal, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Orgo All-Natural ’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non- commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL ORGO ALL-NATURAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF ORGO ALL-NATURAL HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Retail Price:
It is the sole responsibility of the seller to define the Maximum retail Price of the Product on the Product Itself and Intimate about the same to us. If the Maximum retail Price defined on the Product is less than the Maximum retail Price informed to us (to be displayed on the website) then the seller will be held responsible for this. Maximum retail Price of the product mentioned by the seller to us to display on the website cannot be greater than the Maximum retail Price mentioned on the Product itself.
Applicable Law
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall be decided by Orgo All-Natural.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Orgo All-Natural makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Orgo All-Natural is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Cancellation and Return Policy
Cancellation Policy:-
If the order or the item(s) that you want to cancel have not been shipped yet, Order cancellation request can be raised through the users account or you can write to our customer support team on [email protected] or call us on 7982839110 (Monday to Saturday, 9AM to 5PM).
In such cases, the order will be cancelled, and the money will be refunded to you within 2-3 business days after the cancellation request is duly processed by us.
In such cases, the order will be cancelled, and the money will be refunded to you within 2-3 business days after the cancellation request is duly processed by us.
Note: Cancellation request can only be raised if the order/product has not been shipped by the seller. Once dispatched by seller the order/product would no longer be eligible for cancellation.
Refund for Cancelled Orders
In case of cancellation, we process the refund within 2-3 business working day after receiving the cancellation request.
- • For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 2-3 business days of us receiving the cancellation request. It may take 2-3 additional business days for the amount to reflect in your account.
- • If the payment method, which you used to make the payment (such as credit/ debit card) at the time of purchase, is no longer valid, refund will be issued through updated NEFT details to be provided by the user. It would be the user’s responsibility to provide the same details to our customer support team on [email protected] or call us on 7982839110 (Monday to Saturday, 9AM to 5PM).
- • For cash on delivery transactions, no refund will be issued in any condition. For any other additional enquiry reach out to us at [email protected] or call us on 7982839110 (Monday to Saturday, 9AM to 5PM).
Return Policy:-
Orgo All-Natural offers its customers an ’Easy return policy’, wherein you can raise a return request of a product within 7 days of its delivery. We also accept partial returns wherein you can raise a return request for one or all products in you order. This policy is applicable for select categories only, to find out if a product is eligible for return, please review our category wise return policy.
Order return request can be raised through the users account or by following the below mentioned steps
- • Step 1: Contact our Customer Support team via email ([email protected]) within 7 business days of receiving the order.
- • Step 2: Provide us with your order ID details and your request to return your order. Kindly email an image of the product, the invoice, and the reason for raising the return request for our reference.
- • Step 3: We will pick up the products within 2-4 business days. We will initiate the refund process only if the products are received by us in their original packaging with their seals, labels, and barcodes intact.
Refund for Returned Orders:-
In case of Return, once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified by the seller. Post which we process the refund within 2-3 business working day. It might take an additional 2-3 business days for the amount to reflect in your account.
- • For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 2-3 business days of us receiving the cancellation request. It may take 2-3 additional business days for the amount to reflect in your account.
- • If the payment method, which you used to make the payment (such as credit/ debit card) at the time of purchase, is no longer valid, refund will be issued through updated NEFT details to be provided by the user. It would be the user’s responsibility to provide the same details to our customer support team on [email protected] or through call on 7982839110 (Monday to Saturday, 9AM to 5PM).
- • For cash on delivery transactions, we will initiate a NEFT transfer for the refund amount against the banking details to be shared by you. It would be the user’s responsibility to provide the same details to our customer support team on [email protected] or through call on 7982839110 (Monday to Saturday, 9AM to 5PM).
- • For any other additional enquiry reach out to us at [email protected] or call us on 7982839110 (Monday to Saturday, 9AM to 5PM).
Replacement/Exchange Policy:
Orgo All-Natural offers its customers an ’Easy Replacement/Exchange policy’, wherein you can raise a replacement/exchange request of a product within 7 days of its delivery. We also accept partial replacement/exchange wherein you can raise a replacement/exchange request for one or all products in you order. This policy is applicable for select categories only, to find out if a product is eligible for replacement/exchange, please review our category wise return policy.
Order replacement/exchange request can be raised through the users account or by following the below mentioned steps
- • Step 1: Contact our Customer Support team via email ([email protected]) within 7 business days of receiving the order.
- • Step 2: Provide us with your order ID details and your request to replace/exchange your order. Kindly email an image of the product, the invoice and the reason for raising the replacement/exchange request for our reference.
- • Step 3: We will pick up the products within 2-4 business days. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels, and barcodes intact.
Categories Return and Replacement/Exchange Policy:
| Category | Return Policy |
|---|---|
| Apparels and Toys |
Day Free Returns & ExchangeThis item is eligible for return within 7 days of delivery. You can exchange this item for a different size/color or return for a full refund. Please keep the item in its original condition, with brand outer box, MRP tags attached, warranty cards, and original accessories in manufacturer packaging for a successful refund/replacement. |
| Cleaning and Household |
Non-ReturnableThis item is non-returnable due to hygiene and consumable nature of the product. However, in the unlikely event of damaged, defective or different item delivered to you, we will provide a full refund or free replacement as applicable. We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement. |
| Edibles |
Non-ReturnableThis item is non-returnable due to hygiene and consumable nature of the product. However, in the unlikely event of damaged, defective or different item delivered to you, we will provide a full refund or free replacement as applicable. We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement. |
| Farm Supplies |
Non-ReturnableThis item is non-returnable due to hygiene and consumable nature of the product. However, in the unlikely event of damaged, defective or different item delivered to you, we will provide a full refund or free replacement as applicable. We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement. |
| Immunity Boosters |
Non-ReturnableThis item is non-returnable due to hygiene and consumable nature of the product. However, in the unlikely event of damaged, defective or different item delivered to you, we will provide a full refund or free replacement as applicable. We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement. |
| Personal Care |
Non-ReturnableThis item is non-returnable due to hygiene and consumable nature of the product. However, in the unlikely event of damaged, defective or different item delivered to you, we will provide a full refund or free replacement as applicable. We may contact you to ascertain the damage or defect in the product prior to issuing refund/replacement. |
Note:
Products may be eligible for replacement only if the same seller has the exact same item in stock. If the replacement request is placed and the seller does not have the exact same product in stock, a refund would be issued to you.
Note: All eligible order for exchange/return can be requested for a single exchange. Post which the request for exchange/return would lead to return of the order and subsequent refund of the order amount according to our refund policy
Note: All eligible order for exchange/return can be requested for a single exchange. Post which the request for exchange/return would lead to return of the order and subsequent refund of the order amount according to our refund policy
Returns and Replacement/Exchange Pick-Up and Processing
During pick-up, your product will be checked for the following conditions:
| Category | condition |
|---|---|
| Correct Product | Name/ image/ brand/ serial number/ article number/ bar code should match and MRP tag should be undetached and clearly visible. |
| Complete Product | All in-the-box accessories (starter kits, instruction manuals etc.), freebies and combos (if any) should be present. |
| Unused Product | The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/return tags/warranty seals (wherever applicable). |
| Undamaged Product | The product should be undamaged and without any scratches, dents, tears, or damage of any other nature. |
| Undamaged Packaging | The product’s original packaging/ box should be undamaged |
Note: The field executive will refuse to accept the return if any of the above conditions are not met, or the product fail to meet any other quality parameter. For any products for which a refund is to be given, the refund will be processed once the returned product has been received by the seller.
Damaged/Defective item/Wrong Product in my order, how should I proceed?
Our shipments go through rigorous quality check processes before they leave our warehouse. However, in the rare case that your product is damaged during shipment or transit, you can request for a replacement or refund. The process would be subject of scrutiny from Orgo All-Natural as well as seller.
If you have received an item in a damaged/defective condition or have been sent a wrong product, you can follow a few simple steps to initiate your return/refund within 7 days of receiving the order:
- • Step 1: Contact our Customer Support team via email ([email protected]) within 7 business days of receiving the order.
- • Step 2: Provide us with your order ID details and your request to replace/refund the defective/wrong items in your order. Kindly share an image of the product and the invoice for our reference.
- • Step 3: We will pick up the products within 2-4 business days. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels, and barcodes intact.
Refund for Damaged/Defective item/Wrong Product
For damaged/ defective items, the seller will issue a refund if the item cannot be repaired or replaced. In any case where a refund is required, the seller(s) need to authorize that refund. Orgo All-Natural can assist in facilitating refunds for you only when the seller notifies us of the receipt of the item. Once the seller notifies us of the receipt of the return item, we process the refund within 2-3 business working day. It might take an additional 2-3 business days for the amount to reflect in your account.
- • For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 2-3 business days of us receiving the cancellation request. It may take 2-3 additional business days for the amount to reflect in your account.
- • If the payment method, which you used to make the payment (such as credit/ debit card) at the time of purchase, is no longer valid, refund will be issued through updated NEFT details to be provided by the user. It would be the user’s responsibility to provide the same details to our customer support team on [email protected] or through call on 7982839110 (Monday to Saturday, 9AM to 5PM).
- • For cash on delivery transactions, we will initiate a NEFT transfer for the refund amount against the banking details to be shared by you. It would be the user’s responsibility to provide the same details to our customer support team on [email protected] or through call on 7982839110 (Monday to Saturday, 9AM to 5PM).
- • For any other additional enquiry reach out to us at [email protected] or call us on 7982839110 (Monday to Saturday, 9AM to 5PM).
[2][3][4] Requests will not be accepted under the following conditions:
- • Product is damaged due to misuse/overuse
- • Returned without original packaging including, price tags, labels, original packing, freebies, and other accessories or if original packaging is damaged
- • Serial Number is tampered with.
- • Defective products that are not covered under Seller/Manufacturer’s warranty
- • Product is used or altered
- • In cases of buyer’s remorse
- • If request is initiated after 7 business days of order delivery
- • Free product provided by brand
Other Rules for a Return/ Refund/ Exchange
- 1. In certain cases where the seller is unable to process a replacement for any reason whatsoever, a refund will be given.
- 2. In cases where a product accessory is found missing/damaged/defective, the seller may either process a replacement of the accessory.
- 3. A return can be created at item/product level and if you have ordered multiple items/products, you can initiate a return/replacement/refund for any individual item/products according to our stipulated policy. However, any product being returned needs to be returned in full including all components as well as any complimentary gifts or products which came along with it.
- 4. For certain marketing campaigns or mega sale periods, special return/exchange/refund rules may apply. Information regarding this is visible on the promotion banner. For any clarification, please feel free to contact our customer care.
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