TERMS AND CONDITIONS Effective Date: 1st January 2025

                                                                     SELLER AGREEMENT

This Agreement (hereinafter referred to as “AGREEMENT”) is executed on [[Current Date]] between [[Seller Company Name]], with an address at [[Seller Address]], acting through its authorized representative [[Seller Full Name]] (hereinafter referred to as “SELLER,” which expression, unless repugnant to the context or meaning thereof, shall be deemed to include all its successors and permitted assigns) of the First Part;

AND

Zaikabazaar E-Commerce Private Limited, having its registered office at [[Zaikabazaar Address]], India (hereinafter referred to as “ZAIKABAZAAR.COM,” which expression, unless repugnant to the context or meaning thereof, shall be deemed to include all its successors and permitted assigns) of the Second Part. (SELLER and ZAIKABAZAAR.COM may be referred to as ‘Party’ individually and as ‘Parties’ collectively, as the context may require).

1. RECITALS

1.1. ZAIKABAZAAR.COM carries on the business of sales promotions, marketing, fulfillment services, and collection services.

1.2. ZAIKABAZAAR.COM owns a WEBSITE, which is an online marketplace where users can place orders for various listed products from sellers, including SELLER.

1.3. ZAIKABAZAAR.COM’s role is limited to managing the WEBSITE and providing incidental services to enable transactions between SELLERS and BUYERS.

2. DEFINITIONS

2.1. “BUYER” shall mean a user of the WEBSITE who places an order for products.

2.2. “Order” shall mean a binding purchase order placed by a BUYER on the SELLER through the WEBSITE for the supply of products.

2.3. “WEBSITE” means ‘www.zaikabazaar.com’ and instances of the same.

2.4. “SELLER PANEL” shall mean: a) A Uniform Resource Locator (“URL”) provided by ZAIKABAZAAR.COM to SELLER with a unique login and password to manage/update information on products and orders. b) An application provided by ZAIKABAZAAR.COM to SELLER to manage/update information on products and orders via a smartphone.

2.5. “Force Majeure” shall mean an unexpected event beyond anyone’s control, including acts of God such as floods, earthquakes, and natural disasters.

3. LISTING AND ORDER FULFILLMENT

3.1. ZAIKABAZAAR.COM reserves the right to deny the listing of any product(s) on the WEBSITE that it deems objectionable. It also reserves the right to determine which Sellers may list products.

3.2. ZAIKABAZAAR.COM shall receive Orders on behalf of SELLER only in the capacity of an entity providing access to the WEBSITE, marketing, and distribution channels to the SELLER. Payments collected by ZAIKABAZAAR.COM on behalf of SELLER shall be collected while acting as an agent of SELLER.

3.3. ZAIKABAZAAR.COM shall provide SELLER with backend infrastructure such as a call center and SELLER PANEL for capturing Order details and fulfillment.

3.4. SELLER shall provide accurate details and images of products to be displayed on the WEBSITE.

3.5. Upon receiving an Order, SELLER shall package and dispatch the products within the stipulated delivery time mentioned by SELLER on the WEBSITE.

3.6. Any damage to products in transit due to inadequate/unsuitable packaging shall be the responsibility of SELLER.

3.7. SELLER agrees to accept returns from BUYERS as per the return and exchange policy displayed by SELLER on the WEBSITE.

4. FINANCIAL TERMS

4.1. ZAIKABAZAAR.COM shall either pay courier shipping charges and credit card processing fees for all Orders received through the WEBSITE and shipped to BUYER(S) by SELLER or will bill BUYER(S) for the same.

4.2. ZAIKABAZAAR.COM shall release payments collected on behalf of SELLER no later than three (3) working days after receipt of the product by BUYER after deducting [[Seller Rebate Value]] [[Seller Rebate FixedOrPercent]] of the order value (excluding shipping charges).

4.3. SELLER shall be solely responsible for payment/remittance of all applicable duties and taxes, including any applicable GST, to the appropriate government agencies for each order.

5. REPRESENTATIONS AND WARRANTIES

5.1. SELLER represents and warrants that: a) It is a legal entity, engaged in lawful commercial activity, and possesses all necessary regulatory approvals, including FSSAI registrations required to run the business. b) The products listed on the WEBSITE are of good quality, free from defects in purity, quality, and workmanship, and similar to those advertised by SELLER on the WEBSITE.

6. DISPUTE RESOLUTION AND INDEMNIFICATION

6.1. SELLER agrees that ZAIKABAZAAR.COM is not an agent of SELLER or the BUYER, except as mentioned in Section 3. Hence, the primary responsibility for resolving BUYER complaints rests with SELLER.

6.2. SELLER agrees to indemnify and hold ZAIKABAZAAR.COM harmless for any claims, demands, lawsuits, proceedings, liabilities, losses, costs, expenses (including legal fees), or damages asserted against ZAIKABAZAAR.COM by the BUYER or any third party arising out of SELLER’S actions or omissions in connection with the sale of SELLER’S products.

7. AUTHORIZED SIGNATORIES

For and on behalf of SELLER:

(Authorized Signatory)
Name: [[Seller Full Name]]
Address: [[Seller Address]]

For and on behalf of ZAIKABAZAAR.COM:

(Authorized Signatory)
Name: Ashwani Kumar Tripathi
Address: 174/D Barra, Kanpur, U.P-208027