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Entrepreneur Terms & Conditions

Terms & Conditions


1. No Liability - eMoment is just a platform for exchanges between buyers and sellers and shall not be liable for any damages, theft of user information, or the inability to use it. After the products have been successfully delivered to affiliates from eMoment, then it shall not be held responsible for any damage to the quality of products or delivery thereafter.


Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include shipping costs, payment methods and terms, date, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. eMoment doesn’t involve or determine such contractual terms between entrepreneurs and buyers. All discounts, offers (including exchange offers) are by the entrepreneurs and not by Moment.
  2. Any order placed by the buyer indicates his/her proposal to purchase the same from the designated seller. The mere placement of the order doesn’t confirm the transaction. Seller/Entrepreneur has the sole right to accept or reject any order. In case of cancellation of an order, the buyer will be intimidated by the entrepreneur through an SMS/mail. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer. Further, the seller may cancel an order if it appears to exceed the limits of individual consumption. In this case, the buyer may have ordered an excess amount in a single order or a series of orders. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
  3. eMoment.in does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. 
  4. eMoment.in is not responsible for any non-performance or breach of any contract entered into between Buyers and Entrepreneurs. eMoment.in cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. eMoment.in shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  5. eMoment.in does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf.
  6. eMoment.in does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  7. At any point, eMoment shall not hold any rights or obligations for the products available in its website and shall not be responsible for any contract entered into by buyers and sellers. Also, eMoment is not accountable for damages or delays in product delivery or unavailability of any product at a certain point in time.
  8. Emoment is just a platform for bipartisan transactions between buyers and sellers (Entrepreneurs) and support for reaching a larger audience. It doesn't provide the option for B2B transactions and buyers should refrain from doing so, if they want an input tax credit for their businesses.
  9. At no time shall eMoment.in the hold, any right, title or interest over the products nor shalleMoment.in have obligations or liabilities in respect of such contract.


2. Trademarks - Entrepreneurs shall, as per the legal requirements by eMoment, sell the products strictly within the purview of the eMoment brand. Anyone found selling the products outside of the platform within the given time period or without the mandated packaging and branding of eMoment shall be liable to leg

consequences.

    3. Pricing and Payment terms - The eMoment entrepreneurs are not allowed to sell products at prices not agreed upon by eMoment or at a Price above MRP, which will give them a maximum earning potential of 25%. eMoment also reserves the right to change the product prices for the entrepreneurs when deemed necessary. The entrepreneurs should also pay the full amount of their purchase before procuring it from eMoment counter and the payments from the customers shall be sent back to the eMoment which will later disburse the full amount (deducting the shipping charges) to the entrepreneurs. The decisions regarding returns, processing of payments, a shipment of products, and delays in shipping shall be strictly under the control of eMoment.

      4. Payment from buyers - 

      1. Buyer should understand that placement of order is an initiation of the transaction between seller and him, which is legally binding and enforceable where he agrees to purchase the product or service in exchange for money that has to be paid by him through the issuing bank by the usage of the payment facility of our platform.

      2. Buyers may agree with the sellers in the electronic mode of communication regarding any change in delivery/dispatch time. And the amendment shall be carried out. But these variations should happen as per the payment facilities or policies.

      3. Buyers can use their right to demand the refund of the transaction price in case of any default;lt in delivery by the seller. In this case, the delivery time shall be as mentioned during the transaction or in eMoment policies, whichever is earlier. If a Buyer doesn't raise such demand in the platform during the stipulated time, He shall be considered ineligible for any refund.

      4. Buyers understand that payment facilities may not be available in certain categories of products/services and they shall not be eligible for any refund in transactions involving those products/services.

      5. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.

      6. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.

      7. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

      8. For electronics payments, the refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

      9. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.

      10. Refund shall be conditional and shall be with recourse available to eMoment.in in case of any misuse by Buyer. 

      11. We may also request additional documents for verification.

      12. Refund shall be subject to Buyer complying with Policies.

      13. eMoment.in reserves the right to impose limits on the number of Transactions or Transaction Price which eMoment.in may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limits.

      14. eMoment reserves the right to reject any transaction with Buyers who have a history of default either as per the policy of our platform or those of issuing banks.

      15. eMoment.in may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of eMoment.in. As a result of such a check if eMoment.in is not satisfied with the credibility of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, eMoment.in shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For the avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of eMoment.in.

      16. eMoment.in may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if eMoment.in deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, eMoment.in may hold Transaction Price and eMoment.in may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

      17. The Buyer and Seller acknowledge that eMoment.in will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of eMoment.in.


        5. Privacy - We view the protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you are explicitly opt-out. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes.

        We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.


        We and our entrepreneurs will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. Should such a transaction occur that other business entities (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.


          6. Dispute resolution - In case of any unwarranted dispute between eMoment and entrepreneurs or between entrepreneurs and customers, eMoment shall be the solo mediation authority and take decisions for an amicable settlement. Entrepreneurs, under no circumstances, shall try to resolve any legal dispute with the customers without the prior knowledge of eMoment failing which may lead to their permanent deregistration from the e-commerce platform.


          Overview

          We assure smooth transactions on our platform. But if some disputes arise in case of any untoward incidents, then we have a robust dispute resolution system in place for solving the issues.

          What is a dispute?

          A dispute can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

          How does a dispute occur in the Marketplace?

          Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

          It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue.

          Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.

          How is a dispute created?

          Whenever there is a disagreement, the Buyer can write to dispute@eMoment.in, while the Entrepreneur can write to support@emoment.in, in order to raise a dispute. Disputes can be raised at a particular transaction level.

          What are the various types of disputes?

          Following are the indicative examples of potential disputes:

          ● Wrong item received

          ● Item Not as described

          ● Damaged or Seal broken on Product

          ● Part/Accessory missing

          ● Item not Compatible

          ● Seller Description/Specification Wrong

          ● Defective (Functional issues)

          ● Product not working and Manufacturer claims invalid Invoice

          In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then

          eMoment.in will try to mediate and resolve the dispute between both parties. If the dispute is resolved in favor of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favor of the Seller, the Buyer is not entitled to any refund.

          Dispute between eMoment and entrepreneurs:

          Conditions for procurement and selling of goods by entrepreneurs - 

          • The entrepreneurs will have to pay in full before the procurement of goods from the eMoment team.

          • The shipping fees for the same will be paid by them but the shipping charges during reselling will be borne by the customers.

          • Products will be sold under the packaging of eMoment for its promotion and any deviation from this won’t be acceptable.

          • Entrepreneurs will be the lead marketers of eMoment platform and ensure proper brand visibility of our company. 

          • The goods will be sold to the entrepreneurs with a set target period. During the period, they are supposed to put considerable effort into the market and sell the products (only through online mode) and promote eMoment branding.

          • Placement of order by the entrepreneurs, for procurement of inventories, from eMoment shall be deemed to be the final confirmation by them and eMoment shall process the order deliveries as per the policy terms. Any further change in order details (in case of pricing, quantity, payment mode or delivery location) by the entrepreneurs, after the confirmation by eMoment, shall not be entertained under any circumstance.

          • The transaction between entrepreneurs and customers shall be strictly under the purview of set guidelines by eMoment and any deviation from the same will release eMoment off any dispute that may arise due to default on the part of final buyers.

          • The end customers would get the option of two delivery modes i.e. normal and premium delivery modes. For all the normal deliveries, eMoment shall bear the shipping cost, whatsoever it may be, and for the premium deliveries, the shipping cost will be divided equally between the eMoment and end buyers. Entrepreneurs are not liable to pay any sort of shipping fee for delivering the goods to the end customers.

          • Entrepreneurs shall be provided the choice of delivering the goods ordered from them, for which the logistics cost shall be reimbursed to them by eMoment. In the case of remote locations, if the entrepreneurs opt for delivery of goods, they shall be compensated for any extra cost that they may incur in the same process.

          • Upon successful confirmation of orders placed by entrepreneurs from eMoment, they shall be required to pay 20% of the total amount as advance and the rest upon successful delivery of goods by eMoment.

          In case of inability to sell the product baskets through eMoment’s platform, the entrepreneurs will get the choice of liquidation of their inventories after a certain time period. However, the provision for liquidation of goods outside the eMoment platform shall depend solely on the quantity of product baskets purchased by the entrepreneurs.

          • Higher the number of product baskets, higher will be the time period after which they can sell their products in the offline market. For example, an entrepreneur with one product basket shall be eligible to liquidate it in the offline market only after one month. Similarly, an entrepreneur with two baskets shall be allowed to, upon failure in selling the goods through eMoment’s platform, liquidate his inventory in the offline market only after two months.

          • The minimum time period after which the entrepreneurs shall be eligible to liquidate the goods offline will be equal to the number of baskets owned by them. For e.g. An entrepreneur owns 1 basket, he may liquidate it after 1 month, 2 baskets - 2 months, and so on. The maximum time period for the same shall be 24 months for 24 baskets or more. So, an entrepreneur with 24 or more than 24 number of baskets shall be able to liquidate his inventory in the offline market only after 24 months of purchase.


          Disclaimer - Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error, or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s). You release and indemnify eMoment.in and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the

          Platform and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, eMoment.in cannot take responsibility or control the information provided by other Users that is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.