Recollection Services Business Solutions Agreement, Shipping Fees, Recollection partner Shipping, Conditions of Carriage

Last updated: 25 Sep 2020

General Terms

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (“YOU“) AND RECOLLECTION DESI DUKAAN PRIVATE LIMITED. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE RECOLLECTION SITE.

As used in this Agreement, “we,” “us,” and “Recollection” means the Recollection company named in the applicable Service Terms. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these General Terms and the applicable Service Terms, the General Terms will govern and prevail.

1. Enrolment

To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business’) legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Recollection’s Privacy Notice.

2. Service Fee Payments

Fee details are described fully in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement, unless this Agreement or the applicable Service Terms provide otherwise. For the Recollection Site that you register for or use a Service in connection with, we may require you to submit valid bank account information for a bank account in your name that is with a bank located within India and enabled for Your Account (which functionality may be modified or discontinued by us at any time without notice) (with respect to the Recollection Site, “Your Bank Account“). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time. At Recollection’s option, all payments to you will be made to Your Bank Account, via cheque or electronic transfers or other means as specified by us. You agree that Recollection shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account.

In addition to charging payable sums to Your Credit Card, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Credit Card, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with Recollection concerning whether any amounts are payable or due.

If we reasonably conclude based on information available to us that your actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the Recollection Site, then we may, in our sole discretion and subject to applicable Law, delay initiating any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (a) a period of ninety (90) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding your actions and/or performance in connection with the Agreement. You agree that we are entitled to the interest, if any, paid on balances maintained as deposits in our bank accounts.

3. Term and Termination 

The term of this Agreement will start on the date of your completed registration for use of one or more of the Services and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via email, the Contact Us Form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or (c) your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or Recollection’s legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15 and 17 of these General Terms survive.

4. Licence 

You grant us a royalty-free, non-exclusive, worldwide right and licence for the duration of your original and derivative intellectual property rights during the Term and for as long thereafter as you are permitted to grant the said licence under applicable Law to use any and all of Your Materials for the Services or other Recollection product or service, and to sublicense the foregoing rights to our Affiliates and operators of Recollection Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using the standard functionality made available to you via the applicable Recollection Site or Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).

5. Representations 

Each Party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) it has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorizations it grants hereunder; (c) it will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in its performance of its obligations and exercise of its rights under this Agreement.

6. Indemnification 

6.1 You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys’ fees) (each, a “Claim“) arising from or related to: (a) your actual or alleged breach of any representations you have made; (b) any sales channels owned or operated by you, Your Products including the offer, sale, fulfilment (except to the extent attributable to the Fulfilment by Recollection Service, if any), refund, cancellation, adjustments, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Recollection) or property damage related thereto; or (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) your non-compliance with applicable laws.

6.2 Recollection’s indemnification obligations. Recollection will defend, indemnify, and hold harmless you and your officers, directors, employees and agents against any third-party Claim arising from or related to: (a) Recollection’s non-compliance with applicable laws; or (b) allegations that the operation of Recollection Site infringes or misappropriates that third party’s intellectual property rights.

6.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.  

7. Disclaimer 

a. THE RECOLLECTION SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICES, YOU ACCESS THE RECOLLECTION SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY RECOLLECTION TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. EXCEPT AS SET FORTH IN SECTION 5 ABOVE, WE AND OUR AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES, DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RECOLLECTION SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. SOME JURISDICTIONS’ LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY. IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR QUIET ENJOYMENT.

b. BECAUSE RECOLLECTION IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE RECOLLECTION (AND ITS AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

8. Limitation of Liability 

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF RECOLLECTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO RECOLLECTION IN CONNECTION WITH THE PARTICULAR SERVICE AND THE RECOLLECTION SITE GIVING RISE TO THE CLAIM.

9. Insurance 

If the Sales Proceeds from Your Transactions through the Fulfilment by Recollection Service in connection with the Recollection Site exceed the Insurance Threshold during each month over any period of three (3) consecutive months, or otherwise if requested by us, then within thirty (30) calendar days thereafter, you will maintain at your expense throughout the remainder of the Term public third party liability insurance in connection with the Recollection Site with at least the Insurance Limits per occurrence/aggregate covering liabilities caused by or occurring in conjunction with the operation of your business in connection with the Recollection Site, including products liability and bodily injury, naming Recollection and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the coverage to us at our registered address.

10. Tax Matters 

Your use of Services is subject to Recollection’s Tax Policies. You will comply with any applicable tax laws and fulfill all obligations to the tax authorities in a timely and complete manner.

As between the parties, you will be responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as service tax, VAT / CST, goods and services tax, cesses or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. Recollection is not responsible for collecting, remitting or reporting any service tax, VAT / CST, goods and services tax or other taxes arising from such sale. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits.

Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of all value added, service, sales, use, goods and services tax and other similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services tax or similar taxes from you, you will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, invoice mismatch details in a timely manner, to enable us to provide, report or correct goods and services tax invoices. Based on information provided, Recollection will deduce the location of recipient, the billing details, place of supply and applicable taxes.

If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to you, Recollection will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against Recollection.

It is your responsibility as a seller on the Recollection Site to choose the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the Recollection Site.

For reporting transactions undertaken by you on the Recollection Site, you should consider the Merchant Tax Report (MTR) made available to you.

In case of any discrepancy in the reporting / returns filed by you and Recollection, you agree that you will resolve such discrepancy immediately and indemnify Recollection against any tax, interest and penalty payable in this regard.

11. Confidentiality and Personal Data

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 8 years after termination: (a) all Confidential Information will remain Recollection’s exclusive property except for customer personal data owned by the respective customer; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates, except as required to comply with law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity.  You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the Recollection Mark as defined in and according to the Trademark Usage Guidelines available; you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.

You may not use any customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, you may not use such data in any way inconsistent with applicable law. You must keep customer personal data confidential at all time (the above 8 years’ term limit does not apply to customer personal data).

12. Force Majeure 

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

13. Relationship of Parties 

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Recollection is not an auctioneer, neither is it an intermediary between the customer and the seller. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us.

14. Suggestions and Other Information 

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Recollection Site or Services (including any related Technology), you will, to the extent necessary and authorized by law, irrevocably grant to us, a royalty-free and worldwide license on all right, title, and interest in and to the suggestions for the duration of protection of the underlying rights. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history and posted content.

15. Modification 

We will provide at least 15 days’ advance notice in accordance with Section 17 for changes to the Agreement.

However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 17.

Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.

16. Password Security 

Any password we provide to you may be used only during the Term to access Your Account, (or other tools we provide) to use the Service, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

17. Miscellaneous 

This Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. The laws of India govern this Agreement and your use of the Services, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Any dispute or claim of any nature relating in any way to your use of any Services covered under this Agreement will be adjudicated through arbitration, by a sole arbitrator to be appointed by Recollection. The arbitral proceedings shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Lucknow, India. Each party agrees that courts in Lucknow will have the sole and exclusive jurisdiction over all arbitral applications.  The fast track procedures under the Arbitration Act will apply to all proceedings as stipulated.

You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to Recollection, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction;, or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Recollection as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

Recollection retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies.

The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail.

You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.

Recollection will provide notice to you under this Agreement by posting changes on the applicable Recollection Services site to which the changes relate (such as the Marketplace Developer site accessible through your account), by sending you an email notification, or by similar means. You must send all notices and other communications relating to Recollection to our Selling Partner Support team via  email, the Contact Us form, or similar means. We may also communicate with you in connection with your listings, sales, and the Services electronically and in other media, and you consent to such communications. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls etc. You may change your e-mail addresses or phone numbers via Your Account. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.

Please continue to use Recolection.in as the primary means of managing your orders and seller account. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

Definitions

As used in this Agreement, the following terms have the following meanings:

“Affiliate” means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with, such entity, except with respect to Recollection, “Affiliate” means solely its Affiliates domiciled in India.

“Recollection Associated Properties” means any website or other online point of presence, other than the Recollection Site, through which any Recollection Site or products or services available thereon are syndicated, offered, merchandised, advertised or described.

“Recollection Site” means www.Recollection.in.

“Business Days” means any day of the week (excluding Saturdays, Sundays and public holidays) on which commercial banks are open for business in New Delhi, India.

“Confidential Information” means information relating to us, to the Services or Recollection customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services, data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.

“Content” means copyrightable works and other content protected under applicable Laws.

“Excluded Products” means any products or other items set forth in the excluded products list for the Recollection Site or any other Recollection Program Policy that applies to your use of a Service, and any other products or other items that in Recollection’s sole discretion are not supported for a Service.

“Insurance Limits” means INR 50,000

“Insurance Threshold” means INR 5,000

“Intellectual Property Rights” means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

“Law(s)” means any law, ordinance, rule, regulation, order, licence, permit, judgment, decision or other requirement, now or hereafter in effect, of any governmental authority of competent jurisdiction.

“Local Currency” means Indian Rupees (INR).

“Order Information” means, with respect to any of Your Products sold through the Recollection Site, the order information and shipping information that we provide or make available to you.

“Person” means any individual, company, corporation, partnership, limited liability partnership, governmental authority, association, joint venture, division or other cognizable entity, whether or not having distinct legal existence.

“Program Policies” means, all policies and program terms provided.

“Purchase Price” means the total gross amount payable or paid by a customer for Your Product (including taxes and customs duties).

“Sales Proceeds” means the gross sales proceeds paid by customers in the course of any of Your Transactions, including the Purchase Price, all shipping and handling, gift wrap and other charges, any taxes and customs duties.

“Seller’s Account” means the online portal and tools made available by Recollection to you, for your use in managing your orders, inventory and presence on the Recollection Site.

“Service” means each of the following services that Recollection makes available on or in connection with the Recollection Site: the Selling on Recollection.in.

“Service Terms” means the service terms specific to each Service set forth herein and made a part of this Agreement upon the date you elect to register for the applicable Service.

“Technology” means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item.

“Trademark” means any trademark, service mark, trade dress (including any proprietary “look and feel”), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under applicable Laws.

“Your Account” means the particular account in our systems, in which information about Your Transactions is recorded, and which is one of the online portals and tools which Recollection may make available to you, for your use in managing your orders, inventory and presence on the Recollection Site.

“Your Materials” means all Technology, Your Trademarks, Content, Required Product Information, data, materials, and other items provided or made available by you or your Affiliates to Recollection or its Affiliates.

“Your Product” means any product that is made available for listing for sale, offered for sale or sold by you through the Selling on Recollection Service.

“Your Sales Channels” means all sales channels and other means through which you or any of your Affiliates offer or sell products, other than physical stores.

“Your Taxes” means any and all value added, service, sales, use, excise, import, export, goods and services tax and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through or in connection with the Services, or otherwise in connection with any action, inaction or omission of you or your Affiliates or your or their respective employees, agents, contractors or representatives. Also, as it is used in the Fulfilment by Recollection Service Terms, this defined term also means any of the types of taxes mentioned above that are imposed on or collectible by Recollection or any of its Affiliates in connection with or as a result of: (a) the storage of inventory, packaging, Your Products and other materials owned by you and stored by Recollection; or (b) the fulfilment, shipping, gift wrapping or other actions by Recollection to Your Products pursuant to the Fulfilment by Recollection Service Terms.

“Your Trademarks” means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

“Your Transaction” means any sale of Your Product(s) through the Recollection Site.

Selling on Recollection Service Terms

The Selling on Recollection Service (“Selling on Recollection“) is a Service that allows you to list products for sale directly via the Recollection Site. Selling on Recollection is operated by RECOLLECTION DESI DUKAAN PRIVATE LIMITED. These Selling on Recollection Service Terms are part of the Recollection Services Business Solutions Agreement (“Business Solutions Agreement“), but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Recollection. BY REGISTERING FOR OR USING SELLING ON RECOLLECTION, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS SOLUTIONS AGREEMENT AND THESE SELLING ON RECOLLECTION SERVICE TERMS. Unless defined in these Selling on Recollection Service Terms (including the Selling on Recollection Definitions), all capitalized terms have the meanings given them in the Business Solutions Agreement.

S-1. Your Product Listings and Orders 

S-1.1 Products and Product Information. You will, in accordance with applicable Program Policies, provide accurate and complete Required Product Information for each product that you make available to be listed for sale through the Recollection Site and promptly update such information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on the Recollection Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for sale on the Recollection Site, any Excluded Products; or provide any URL Marks for use, or request that any URL Marks be used, on the Recollection Site. For each item you list on the Recollection Site, you will provide to us the state or country from which the item ships.

S-1.2 Product Listing; Merchandising; Order Processing. We will list Your Products for sale on the Recollection Site in the applicable product categories which are supported for third party sellers generally on the Recollection Site on the applicable Selling on Recollection Launch Date, and conduct merchandising and promote Your Products in accordance with the Business Solutions Agreement (including via the Recollection Associated Properties or any other functions, features, advertising, or programs on or in connection with the Recollection Site). Recollection reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the Recollection Site. We may use mechanisms that rate, or allow shoppers to rate, Your Products and/or your performance as a seller on the Recollection Site and Recollection may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Sales Proceeds will be paid to you only in accordance with Section S-5.

S-1.3 Shipping and Handling Charges. For Products, you will determine shipping and handling charges via and subject to our standard functionality and categorizations for the Recollection Site and further subject to any shipping and handling charge Program Policies for the Recollection Site.  Any such amounts, paid by the customer towards shipping and handling charges, shall be your proceeds, subject to deduction of applicable charges as may be determined by us and you are solely responsible for reporting and remitting any applicable taxes on the shipping and handling charges. For Recollection-Fulfilled Products, Recollection will determine what the shipping fees will be and will display and collect them accordingly in accordance with the Fulfilment by Recollection Service Terms.

S-1.4 Credit Card Fraud. We will bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with Your Transactions, and you will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any Product that is not fulfilled strictly in accordance with the Order Information and Shipment Information.

S-2. Sale and Fulfilment, Refunds and Returns

S-2.1 Sale and Fulfilment. Other than as described in the Fulfilment by Recollection Service Terms (if applicable to you), or as provided in any applicable Service Terms or Program Policies, for the Recollection Site for which you decide to register or use the Selling on Recollection Service, you will: (a) source, sell, fulfil, ship and deliver your Products, and source and sell your Recollection-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, these Service Terms and the Agreement, and all terms provided by you and displayed on the Recollection Site at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of Your Products in a commercially reasonable manner and ship each of Your Products on or before its Estimated Ship Date; (c) retrieve Order Information at least once each Business Day; (d) not cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions appearing on the Recollection Site at the time of the applicable order (which terms and conditions will be in accordance with this Agreement) or as may be required under this Agreement; (e) ship Your Products throughout India (except to the extent prohibited by applicable Law or this Agreement); (f) provide to Recollection information regarding shipment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) notwithstanding any other provision of these Service Terms, ensure that you are the seller of all products made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of Your Products; (j) identify yourself as the seller of the product on all packing slips or other information included with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or shipments of Your Products (except that to the extent we have not yet enabled functionality for Your Account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us).

S-2.2 Returns and Refunds. For all of Your Products sold on Recollection, you will accept and process returns, refunds and adjustments in accordance with these Service Terms and the Recollection Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of this Business Solutions Agreement. You will route all such payments through Recollection. We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Product), and you will reimburse us for all amounts so paid.

S-3. Problems with Your Products 

S-3.1 Delivery Errors and Nonconformities; Recalls. You are responsible for: any non-delivery, misdelivery, theft or other mistake or act in connection with the fulfilment and delivery of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under Section S-1.4; You are also responsible for any non-conformity or defect in, or any public or private recall of, any of Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products.

S-3.2 Total Guarantee and Chargebacks. If we inform you that we have received a claim under the “ Total Guarantee ” offered on the Recollection Site, or other dispute, relating to the offer, sale or fulfillment of Your Product(s) (other than a chargeback) concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (i) will not take recourse against the customer, and (ii) are responsible for reimbursing us for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds to the extent payable by us.

S-4. Compensation 

You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Selling on Recollection Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Agreement. “Selling on Recollection Subscription Fee” means the fee specified as such on the Recollection Site at the time such fee is payable. With respect to each of Your Transactions: (x) “Sales Proceeds” has the meaning set out in the Business Solutions Agreement; (y) “Closing Fees” means the applicable fee, if any, as specified in the Selling on Recollection Fee Schedule for the Recollection Site; and (z) “Referral Fee” means the applicable percentage of the Sales Proceeds from Your Transaction through the Recollection Site specified on the Selling on Recollection Fee Schedule for the Recollection Site at the time of Your Transaction, based on the categorization by Recollection of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of Recollection-Fulfilled Products. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

All taxes or surcharges imposed on fees payable by you to Recollection will be your responsibility.

S-5 Sales Proceeds & Refunds. 

S-5.1. Nodal Account. Remittances to you for Your Transactions (excluding COD transactions and such other transactions as may be specified by us through Program Policies, collectively “Excluded Transactions“) will be made through a nodal account (the “Nodal Account“) in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. Remittance to you for Excluded Transactions shall be made through the online bank or any other mutually agreed means used to transfer to Your Bank Account. You hereby agree and authorise us to collect payments on your behalf from customers for the Excluded Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with this Agreement to a bank, auditor, processing agency, or third party contracted by us in connection with this Agreement.

Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Sale Proceeds as a separate reserve (“Reserve“). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfilment of delivery to the customers of your Products keeping in mind the period for refunds and chargebacks.“

S-5.2. Except as otherwise stated in this Agreement (including without limitation Section 2 of the General Terms), 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. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for Recollection Site, we will credit you with the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.

“Eligible Transaction” means Your Transaction against which the actual shipment date has been confirmed by you.

“Designated Day” means any particular Business Day of the week designated by Recollection on a weekly basis, in its sole discretion, for making remittances to you.

“Payment Date” means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction. Notwithstanding the foregoing, the term “Payment Date” with respect to Excluded Transactions will be such date as may be specified in the Program Policies.

“Settlement Amount” means Sales Proceeds (which you will accept as payment in full for the sale and shipping and handling of Your Products), less: (a) the Referral Fees due for such sums; (b) any Selling on Recollection Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the Recollection Site; (e) Reserves, as may be applicable, as per this Agreement; (f) Closing Fees, if applicable; (g) any other applicable fee prescribed under the Program Policies (including fee payable under the FBA Fee Schedule for Recollection Site), if applicable; and (h) tax collected at source under applicable Law.“

S-5.3. In the event that we elect not to recover from you a customer’s chargeback, failed payment, or other payment reversal (a “Payment Failure“), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.

S-6. Recollection’s Marketplace, Websites and Services 

Recollection has the right to determine, the design, content, functionality, availability and appropriateness of its marketplace, websites, selection and any product or listing on the Recollection Site or the Recollection Associated Properties, and all aspects of each Service, including your use of the same. Recollection may assign any of these rights or delegate any of its responsibilities.  

S-7. Tax Matters 

In addition to the General Terms, you agree that, the price stated by you for Your Products is inclusive of all taxes including VAT/CST, customs duty, excise duty or other tax or levy that may be required to be remitted in connection with such sale, unless otherwise provided in any Program Policy or otherwise agreed by Recollection in advance in writing.

All payments by Recollection to you shall be made subject to applicable withholding taxes under applicable Governing Laws. Recollection will retain, in addition to its net fees together with any applicable taxes that Recollection determines, as it is obligated to charge or collect on the fees, an amount equal to applicable withholding taxes.

If you are required deposit withholding tax in the form and manner as prescribed under applicable Governing laws, you will issue an appropriate tax withholding certificate for such amount to Recollection.

You may submit a reimbursement claim with a valid tax withholding certificate in Form 16A within one month from the due date of issuance of Form 16A as per statutory timelines.  Recollection shall reimburse the claim post verification and reconciliation with service fee as per books of accounts.  Recollection will have right to reject the claim if the claimed amount does not match with service fees invoices. Recollection shall maintain the right to recover any excessive claims paid to you.

Shipping Fees

Shipping Fees for Standard-size items (items weighing less than 2kg):

Fee for Standard-size items	Local	Regional	National
Up to 500 gms	INR 36	INR 46	INR 66

Shipping Fees for Standard-size items (items weighing less than 5kg):

Fee for Standard-size items	Local	Regional	National
Up to 2 kg	INR 100	INR 120	INR 170

Shipping Fees for Oversize items (items weighing 5kgs or above, except ‘Heavy and Bulky’ items):

Fee for Oversize items	Local	Regional	National
Up to 5 kg (fixed minimum fee)	INR 150	INR 200	INR 240

Shipping Fees for ‘Heavy and Bulky’* items:

Fee for Heavy and Bulky* Items	Local	Regional
Up to 10kg (fixed minimum fee)	INR 390	INR 480

*Item from categories such as Large Appliances, TV, Sports & Furniture are classified as ‘Heavy & Bulky’ items if it meets one or more of the following criteria:

• Item package weight is more than 30 kg or item package length is more than 240 cm or item package girth# is more than 400 cm; or
• Item requires special handling during pickup, delivery & installation. #Girth = [Length + 2*(Width + Height)]

‘Heavy & Bulky’ items are currently not eligible for delivery nationally.

Note: Shipping fees are dynamically changing as per speed of delivery and location of seller and customer therefore shipping fee will be charge actual price as charged by our shipping solution provider. All prices are inclusive of GST. Prices indicated above are for illustration only and prices may change (increase or decrease) on actual shipment booked.

• Local rate will be applicable where the pickup and delivery happen in the same city i.e. intra-city pickup and delivery.
• Regional zone. This fees will apply if shipment moves within the same region and the service is not within the same city.
• For standard-size items, the minimum chargeable weight is 500 gms. In case of items that weigh more than 500 gms, you will be charged in multiples of the price applicable for each 500 gms.
• For oversize items (except ‘Heavy and Bulky’ items), the minimum chargeable weight is 5 kg. In case of items that weigh more than 5 kg, you will be charged in multiples of the price applicable for each kg. For ‘Heavy and Bulky’ items, the minimum chargeable weight is 10 kg. In case of items that weigh more than 10 kg, you will be charged in multiples of the price applicable for each kg.
• Shipping Fees is computed on volumetric or actual weight, whichever is higher. Volumetric weight is calculated as Volumetric Weight (kg) = (Length x Breadth x Height)/5000 where LBH are in cm.

Recollection partner Shipping, Conditions of Carriage

Recollection Transportation Services provider and its employees or agents (hereinafter collectively referred to as “COURIER PARTNER”) will accept shipments subject to the conditions laid out hereunder.

These conditions are applicable to the carriage of shipments from and between specified locations within the territory of India using COURIER PARTNER services. COURIER PARTNER reserves the right to unilaterally modify, revise, amend, change or supplement these Conditions without any prior notice.

In the event there is a conflict between these conditions and the provisions of any other document executed between the parties, these conditions would prevail.

Consignor’s representations and warranties:

By tendering shipments for carriage to COURIER PARTNER, the Consignor is deemed to have agreed to the Conditions stated herein.

The Consignor represents and warrants that:

The Consignor is the owner or the authorised agent of the owner of the shipments entrusted to COURIER PARTNER for carriage.

The documents provided by the Consignor and accompanying the shipment (including shipping label, invoice and other transit documents including e-waybill) entrusted to COURIER PARTNER are true, correct and complete in all respects and are compliant with all applicable laws.

The shipment does not contain any units the carriage of which is restricted or prohibited hereunder.

The shipment is properly marked, addressed and packed to ensure safe handling and is compliant with all applicable laws.

If required, the Consignor shall furnish such information and such documents to COURIER PARTNER as are necessary to meet the requirements under the respective local laws of the states through which the shipments are likely to pass en route to destination. COURIER PARTNER shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.

It is the Consignor’s obligation to ensure that all shipments entrusted to COURIER PARTNER for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. COURIER PARTNER shall not be liable for any damage or shortages occurring as a result of improper packing.

The Consignor agrees that the shipping label shall be prima facie evidence of the weight or volume or measure and other particulars of the shipments and the number of units stated therein. However, particulars relating to the quantity, volume and condition of the shipments shall not constitute evidence against COURIER PARTNER.

Consignor agrees and acknowledges to be responsible to provide accurate weight and dimension details while scheduling pickups of orders. Consigner agrees that in case these details are found to be incorrect in a subsequent by Recollection, it could result in the either a retrospective claw back of correct fees along with applicable taxes or in case of repeated offense, suspension of their selling account. This further denotes that the consignor provides Recollection the authority to claw back the difference amount in shipping fee and the applicable taxes retrospectively for identified shipments.

Consignor is responsible for handing over all packages scheduled in the respective pickup slot timings. Consignor should decide the number of packages he can hand over on a daily basis and schedule the pick-ups accordingly. Failure on the part of the Consignor to hand over the scheduled packages in the originally selected time slots may lead to account suspension on Recollection.

• Conditions of Carriage:

COURIER PARTNER undertakes, to carry the Consignor’s shipment from the point of tendering to the point of delivery to consignee at the address indicated on the shipping label. There is no obligation to deliver a shipment to the consignee personally and COURIER PARTNER may deliver to someone other than the person named in the shipping label on behalf of the consignee and such delivery shall be a valid discharge of COURIER PARTNER’s obligations under these Conditions. COURIER PARTNER may use an electronic device to obtain proof of delivery and the Consignor agrees that it will not object to COURIER PARTNER relying on a printed copy of the same as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.

COURIER PARTNER reserves the right to carry the Consignor’s shipments by any route using multi-modal transportation according to its own handling, storage, movement methods and plans, and by use of its business associates, co-loaders, co-couriers, franchisees or other agents.

COURIER PARTNER reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would, in the opinion of COURIER PARTNER, be likely to cause damage or delay to other shipments, or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that COURIER PARTNER accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the Conditions.

COURIER PARTNER reserves the right, to open and/or inspect any shipment at any time, at its own option or upon the request of the competent authorities and shall not incur any liability therefore.

COURIER PARTNER shall not be liable in any circumstances for any delay, loss, damage and/or resultant claims due to seizure or detention of shipments in the course of transit by competent authorities.

• Shipping Label:

COURIER PARTNER shipping label is non-negotiable and shall be prima facie evidence of the acceptance of shipments and of these Conditions and evidence of conclusion of the contract between COURIER PARTNER and the Consignor.

Recollection shipping Standard Labelling Guidelines: As a seller, you need to acknowledge and agree that in accordance with the Shipping Service Terms, you will follow Standard Labelling Guidelines before shipping orders. Non-adherence to these guidelines can lead to the following:

• Pickup associate refusing to pick up the packages.

• Orders getting cancelled or delayed.

• Shipping services getting disabled on your account.

                        Undeliverable Shipments:

A shipment shall be considered to be undeliverable, if:

The consignee’s address is incomplete, illegible, incorrect or cannot be located.

The consignee is not present, or fails or refuses to accept delivery or sign or pay for delivery of any shipment.

The shipment would likely cause damage or delay to other shipments, or injury to persons.

The shipment contains prohibited items.

The shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible.

The shipment is detained or otherwise unable to clear local or state boundaries.

                      Declared value and limits of liability:

The liability of COURIER PARTNER for any loss or damage to any shipment shall be the lowest of:

INR 1,000.00 in case of documents and INR 5,000.00 in case of non-documents, OR

The amount of loss or damage to the shipment actually sustained OR

The actual value of the shipment as determined, without regard to the commercial utility or special value to the Consignor.

The actual value of a damaged shipment shall be ascertained by reference to the cost of repair or replacement/resale or fair market value not exceeding the original cost of the article actually paigfugvd by the Consignor, always within the overall limit of INR 1,000.00 in case of documents and INR 5,000.00 in case of non-documents.

The declared value of shipments for carriage cannot exceed the invoice value.

COURIER PARTNER’s acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such shipment.

COURIER PARTNER shall not be responsible for any losses, damages and/or claims on account of delay in pickup, transportation or delivery of any shipment regardless of cause of such delays.

The Consignor will indemnify COURIER PARTNER for all losses, expenses, and any claims made against COURIER PARTNER by the consignee or a third party, arising where COURIER PARTNER does not deliver a shipment because the consignee does not pay the cash on delivery (“COD”) amount in the appropriate form or refuses to accept the shipment. 

                   No Warranties:

Save as expressly set out herein, COURIER PARTNER makes no warranties, express or implied.

                   Units not accepted for Carriage:

COURIER PARTNER will not carry materials as under:

• Classified as hazardous material, dangerous goods, prohibited goods, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organisation.

Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and / or any other relevant laws.

COURIER PARTNER decides it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

                 Liabilities Not Assumed:

COURIER PARTNER shall not be liable for loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to:

• An Act of God.

Any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out.

Seizure or forfeiture under legal process.

Error, act, default, omission, misstatement or misrepresentation by the Consignor, consignee or any other party claiming interest in the shipment.

The violation of any of the terms and conditions contained on the shipping label or these Conditions, tariff or other terms and conditions applicable to the shipment.

Damage to articles packed and sealed in shipments by the Consignor, provided that the seal is unbroken at the time of delivery and the shipment retains its basic integrity.

The erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.

The act, default or omission of any public authority carried out in connection with the entry, exit or transit of the shipments.

Accidents to vehicles and other conveyances carrying the shipments.

Flight delays.

                    Non-waiver:

Any failure by COURIER PARTNER to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair COURIER PARTNER’s right to enforce such provision.

                    Jurisdictions of Court:

All disputes and claims arising out of or with respect to these Conditions shall be subject to the exclusive and irrevocable jurisdiction of courts at Lucknow.

RECOLLECTION SYSTEM WAY PROGRAM – TERMS AND CONDITIONS

 1.  INTRODUCTION

Recollection is desirous of providing certain services, as described below (hereinafter referred to as “SYSTEM WAY Services“) to the sellers (“Sellers“) who are listed on Recollection.in site”) and presently availing Shipping Services facilitated by Recollection for delivery of products ordered on the Recollection Site to the customers.

• As a pre-requirement for availing the Services, the Seller acknowledges and agrees that it should have consented to the Shipping Service Terms with Recollection.

• Any capitalised term used in these SYSTEM WAY Services terms and conditions (“SYSTEM WAY Terms and Conditions“) and not defined herein will have the same meaning as assigned to them under the Shipping Service Terms.

• All the SYSTEM WAY Terms and Conditions as set out below shall apply to the Eligible Orders (as defined hereinafter) placed by the customers on the Recollection Site, from the date of the Seller agrees or signs-up to avail or use the SYSTEM WAY Services (“Effective Date“), except for the terms and conditions as set out in Section 2.4(b) and Section 2.5(a) below which shall be applicable to the Eligible Orders against which return request is received by Recollection after the Effective Date.

2.  SCOPE OF SYSTEM WAY SERVICES

On and from the Effective Date, the Seller agrees to be bound by these SYSTEM WAY Terms and Conditions and authorises and instructs Recollection to provide following SYSTEM WAY Services to the Sellers in accordance with the SYSTEM WAY Terms and Conditions as provided herein.

• Support Services:

The Seller authorises and instructs Recollection to receive and resolve any or all complaints or queries from the customers on behalf of the Seller for those orders that are placed after the Effective Date and are fulfilled by Sellers using the Shipping Services facilitated by Recollection (“Eligible Orders“).

In case, any customer communicates directly with the Seller in relation to the Eligible Orders, the Seller agrees to request such customer to either contact Recollection customer support service or forward such customer communication to Recollection seller support.

For any complaints or queries from the customers for the Eligible Orders which relates to the product specifications, customisation requests, etc. received by Recollection after an order is placed by the customer, Recollection after procuring requisite information from the concerned Seller in writing, will respond to such complaints or queries of the customers in accordance with the information provided by the Seller. The Seller represents and warrants that all such information provided by the Seller to Recollection will be true, accurate and current and the Seller will immediately update any such information communicated by Recollection to the customers in case of any changes.

If the Seller receives any negative feedback on the Recollection Site related to customer service which is solely attributable to Recollection, the Seller can contact Recollection to have such feedback removed from the Recollection Site.

3.  SEAT Policy:

Notwithstanding anything contained in Section (5) below, the Seller shall be entitled to claim refund for the Eligible Orders, subject to and in accordance with terms of the Recollection Seller E-commerce Assurance Transactions Claim Policy (“SEAT Policy”). In order to make a SEAT claim by the Seller, the Seller should furnish appropriate supporting documentation/information (along with the SEAT claim) as may be prescribed by Recollection from time to time.

The Seller acknowledges and agrees that any disputes arising out of the SEAT claims filed by the Seller with Recollection shall be decided by Recollection in its sole discretion; wherein such decision taken by Recollection shall be considered as final and binding on the Seller.

4.  Authorisation for Cancellations/ Customer Returns

The Seller authorises and instructs Recollection to initiate and process cancellation of the eligible order upon receipt of request from the customer, at any time before its shipment.

In the event any customer files a request for or communicates the customer support of Recollection for return of Eligible orders that are within Recollection returns policy, the Seller authorises and instructs Recollection to initiate the return for such orders in accordance with the Recollection returns policy. In case of the orders that are outside Recollection returns policy, Recollection will seek prior written approval from the respective Seller for initiating such return.

5.  Refunds to the Customers:

Returns picked up by Recollection : The Seller authorises and instructs Recollection to initiate and process refunds and adjustments from the Seller’s available balance, for the returns t and picked up by Recollection for returning to the concerned Seller.

For all eligible orders that are returned by the customers to the Seller, the Seller will accept and process refunds and adjustments within 48 hours of receiving such orders, failing which Recollection will be deemed to be authorised and instructed by the Seller to issue refund to the customer from the Seller’s available balance.

6.  Modifications :

Recollection may at any time cease providing any or all of the Services or amend these Terms and Conditions at its sole discretion and without notice. Any changes will be effective upon the posting of such changes on the Recollection Site or otherwise through such mode as Recollection may deem fit at its sole discretion, and the Seller is responsible for reviewing these changes or notices and informing itself of all applicable changes or notices.