1.1. “Company” shall mean RIOMORE PRIVATE LIMITED.
1.2. “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Products of the Vendor through the Online Store.
1.3. “Price” shall mean the cost at which the Products are to be delivered to the Customer inclusive of Shipping charges, if any.
1.4. “Effective Date” shall mean the date on which this Agreement is executed.
1.5. “Form” shall mean Form for Ecommerce Service Agreement to be filled in and executed by the Vendor at the time of execution of this Agreement annexed hereto as Annexure “A”.
1.6. “Vendor/ Seller” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Online Store and more particularly described in the attached “Form”.
1.7. “Online Store” shall mean a virtual electronic store created on the Telebuy Shopping online portal for sale of the Vendor’s Products either through web site of the Company or any other gadget or instrument displaying the particulars of the Vendor’s Products available for sale , or any other means by which the Customer places an
1.8. order for the Product of the Vendor. “Order” shall mean an order for purchase of products wherein customer has agreed to purchase the product upon the terms and conditions and at the Price indicated on the online store of the Vendor.
1.9. “Products” shall mean merchandise items of the Vendor put up for sale on the Online Store by the Vendor.
1.10. “Price” means the sale price of a product inclusive of delivery charges and applicable taxes.
1.11. “Tele buy Shopping” means an online platform owned and operated by the Company that facilitates the shopping transaction between the Vendor and the Customer.
1.12. “Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.
1.13. “Shipment Cost” shall mean the cost and taxes recovered by the Company from the Vendor per order for handling the logistics.
1.14. “Sign-up Fees” shall mean the non-refundable fees payable by the Vendor at the time of execution of this Agreement towards the initial creation of online store. Sign-up fee is zero.
1.15. “Service charge” shall mean the margin per transaction charged by the Company to the Vendor at the rates agreed to between the parties, upon the sale of product on online store.
1.16. “Category” shall mean that different retail segment & user can easy to choose different retail shop outlets.
1.17. “Sub-Category” shall mean that in a single category various segment is there for easy to choose products by the users.
1.18. “Inside Sub-Category” shall mean that for better classification of different products in a particular Category & sub-category.
1.19. “Variant” shall mean that Unit of any products.
1.20. “Variant Value” shall mean that value of any particular unit of any particular product.
1.21. “Brand” shall mean that products are manufactured or marketed by the company.
1.22. “Stock” shall mean that how many products are available in a particular retail shop.
1.23. “Out Of Stock” shall mean that no any products or very less products in a particular retail shop.
1.24. “Recently View Products” shall mean that search the products recently by the user.
1.25. “Nearby Seller” shall mean that user can easily view nearby registered retail shop.
1.26. “Wallet” shall mean that user has own Riomore wallet and user can easily add money or company transfer the money of return or cancel the products value to the wallet.
1.27. “Payment Gateway” shall mean that a platform provides for any types of transaction.
1.28. “Shipping Address” shall mean that user can add delivery location address.
1.29. “My Orders” shall mean that user can view recent orders or history orders.
1.30. “Notification” shall mean that company or application gives a useful message in form of notification to the user.
1.31. “Favourite” shall mean that user can select the prefer products.
1.32. “Settings” shall mean that user can change or edit multiple things.
1.33. “Share App” shall mean that user can share Riomore app link by using different social media platform & many more.
1.34. “Customer Support” shall mean that user can get support by using message to the admin or Registered phone number of company.
1.35. “Cart” shall mean that user can select the products by using application & save it for buying products.
1.36. “Check Out Page” shall mean that the final page of buying products.
1.37. “Time Slot” shall mean that user can choose different time slot for different date (up to a week) for its own convenience for delivery an order.
1.38. “Quick Delivery” shall mean that products will be delivered within an hour. *
1.39. “Gift Wrap Pack” shall mean that order will be packaging with gift wrap pack by user’s choice.
1.40. “Surge Charge” shall mean that charge will be applied if special or emergency case arise like for pandemic or a rainy day etc.
1.41. “Similar Products” shall mean that user can comparison or view the similar products as per brand name wise & price wise but for same retailer only.
1.42. “Log Out” shall mean that user can sign out anytime for re-sign in Riomore application.
COD option Or Online payment option: a) COD option is available for Grocery, Medical, Gift & Cloud shop only. Rest of it there is no any COD option is available. It is also not available for any types of Quick Order. b) Online payment option is available for Every Categories.
Pic upload system : It is used only for some special category. e.g., a) Medicine - Pic of Dr prescription for some special medicine or huge quantity of medicine by using camera or upload from gallery option. Instruction: Pic of prescription should be clear & full page visible with Doctor’s name, designation, Address, Regd. No., date, medicine details.
Minimum or Maximum limit in quantity of any prescribed medicine. c) Every medicine is not a prescribed medicine, so don’t require prescription for every medicines.
User are not present in their own location/ door is locked: Take a pic of locked door/ house for a proof & upload to admin, retailer & user.
Driver has to add reason and also upload pic.
Cash limit : Every delivery warrior has own cash limit, beyond that he/she will can’t receive cash money from the customer. After cash deposit to the company, he will again take cash amount from the user according his cash limit.
Order booking time : Quick order booking time start from 9 am to 8 pm & Time slot order booking start from any time.
Weekly off or opening/closing time for different merchant is different. User can place order as per day & time.
Retailers can self-apply for a merchant partner.
2.1. The Company shall offer to the Vendor its services for facilitating online sale of the Vendor’s product which shall include hosting and technology, customer support, logistics services (availed by the company), payment services and all the other related services to ensure customer satisfaction on behalf of the Vendor. For this arrangement, the Vendor shall pay service charges as specified under these presents, to the Company for the sale being affected through the mobile app.
2.2. Based on mutual discussions, it is agreed by and between the parties hereto that the Vendor shall put up for sale its Products on the said mobile app, subject to the terms and conditions hereinafter contained. Vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms of Use” of Tele buy shopping (incorporated in this agreement by way of reference and forms part of this Agreement) along with this Agreement.
3.1. Vendor shall make the nil Sign up fees for the creation of mobile app at the time of execution of this Agreement. The goods and service tax if any shall be charged by the Company, at the applicable rates.
3.2. The said Online store shall be displayed on the Telebuy Shopping website during the subsistence of this Agreement.
3.3. The Company shall collect the Payment on behalf of the Vendor in respect of the Orders received through Online Store. In consideration of the services rendered under these presents, the Company shall charge the Services charges to the Vendor at the rates specified by the Company. The Company shall pay the Vendor an amount recovered as Price minus the sum of shipping charges, service charges and shipment cost in respect of approved order(s) through the Online Store. The shipment cost or delivery charges will be levied per transaction (by a particular customer). The said Shipment cost or delivery charges will be independent of the Quantity shipped for a transaction by a particular customer. However, in the event, the Vendor handles the Shipment of the Products; the Company shall pay to the Vendor an amount recovered as Price minus the service charges. Any amount to be paid to the Vendor by the Company shall be paid net of reversals.
4.1. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision.
4.2. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online store.
4.3. At all times have access to the Internet and its email account to check the status of approved orders,
4.4. On receipt of the approved order, Vendor shall package the orders & Riomore Warrior will dispatch / deliver the products within the time as specified in the product description on its online store.
4.5. In respect of the orders for Products placed through the Online Store, Vendor shall submit proof of dispatch to the satisfaction of Company within 48 hours of the request made by Company.
4.6.1. Return & Exchange : This policy is differed for different category of retailers.
Return policy : Applicable for Grocery shop & Cloud shop only. This policy isn’t applicable for rest of the shops.
Exchange Policy : Applicable for Grocery shop, Medical shop, Gift shop & Cloud shop only. This policy isn’t applicable for rest of the shops.
As per above Concern:
a) User has 2 working days to check every product & Return/Exchange it within this time if any quality or quantity or wrong product issues by the retailer.
After apply to Return/Exchange request then delivery warriors replace that particular product within next 3 working days.
User can also Return/Exchange products if any, directly return to the retailer within 2 working days from delivery time & using his/her self-customer Order Id no.
Both quality & quantity issues are creating if any from retailer side only. We are not responsible at all because before loading the products, our delivery warriors seal tag to all the products & no chance to any losses of weight or change in product in between retailer to delivery address.
Download Invoice : Invoice will be generated with name of retailer and Riomore will be Logistic partner so it will show only delivery charges with GST. As per category &it’s return-exchange policy it will generate after 2 days.
User can cancel the order as per below:
For time slot delivery, Cancellation time within 15 min.
Quick Order: Cancellation: within 3min. (180 sec.), Otherwise 100% cancellation charges apply (No COD valid).
If user cancel order within 15 minutes or 3 mins resp., then full amount will be transferred in user’s Bank Account. If user cancelled after 15 min or 3 min. resp. then there will be no refund.
If any user intentionally cancels the order day by day, admin can easily watch it & also power to reject his registration.
4.7. The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online Store and for which the Customer has placed the order.
4.8. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the amount displayed on the online store to the customer and paid by/charged to the customer.
4.9. The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
4.10. The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store.
4.11. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer.
4.12. Vendor shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor.
4.13. The Vendor shall at all time during the pendency of this agreement endeavour to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.
4.14. The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
4.15. Packaging products by the seller : is ready as per criteria i.e. instant or slot wise or others.
User can select slot wise delivery time as per their convenience and seller will get one hour time for packaging minimum.
Can also pick a slot wise booking in 7 days advance for more convenience of user.
For user delivery timing: For Order booking Time
ii) For Quick/ instant delivery: Delivery from seller to user within an hour. * So, seller has to packaging order as soon as possible.
User can book instant or quick order start after 9:00 am & up to 08:00 pm only and maximum delivery time is up to 09:00 pm. Delivery Time for Slot delivery or instant delivery is 9 AM to 9 PM Daily.
Company can change time slot timings & delivery timings in any time as per company’s convenience or user's convenience.
The Vendor warrants and represents that
5.1. They have the right and full authority to enter into this Agreement with the Company.
5.2. All their obligations under this Agreement are legal, valid and binding obligations enforceable in law.
5.3. There are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;
5.4. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with the Company. They shall at all times ensure compliance with all the requirements applicable to their business and for the purposes of this arrangement including but not limited to Intellectual Property Rights, Goods and Service Tax, Standards of Weights & Measures legislation, Sale of Goods Act, and Import duties, etc. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities.
5.5. That they have adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party 6. That they shall provide the Company with copies of any document required by the Company for the purposes of this performance of its obligations under this arrangement within 24 hours of getting a written notice from the Company.
5.6. That the complete product responsibility and liability shall solely vest with Vendor and that the Vendor shall be solely responsible to the customer for the sale of the Product by Vendor including but not limited to its delivery to the Customer and that Vendor shall not raise any claim on the Company in this regard.
5.7. Vendor agrees and undertakes not to upload any text, images, graphics (for description and display of product on the online store) that is vulgar, obnoxious, inaccurate, false, incorrect, misleading, intimidating, against the public policy.
5.8. Vendor shall pay the Company a service charge as specified by the Company on every transaction it enables and that Vendor shall provide all completed transaction details to the Company for record keeping and reconciliation.
5.9. That Vendor shall draw the invoice / bill directly in the name of the Customer.
5.10. Vendor shall prior to release of any promotion/advertisement material seek prior written approval for the same from the Company, in so far as the same relates to services offered pursuant to the terms of this Agreement.
6.1. Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Telebuy Shopping Website. In such an event, the Company reserve the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.
6.2. Company reserves the right to provide and display appropriate disclaimers and terms of use on Telebuy Shopping Mobile App.
6.3. At any time if the Company believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of Telebuy Shopping, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, without liability to refund the amount to the Vendor to forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
7.1. The Vendor indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Company shall also include the Mobile Operators and such other agencies through whom the Company shall make the Online Store available to the Customers.
7.2. The Company agrees to indemnify and to keep indemnified the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.
7.3. This article shall survive the termination or expiration of this Agreement.
8.1. The Company on the basis of representation by the Vendor has created the online store of the Vendor on Telebuy Shopping portal to enable Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the essence of the Contract.
8.2. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations /intellectual property rights of any third party. Vendor agrees and acknowledges that
8.3. Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.
8.4. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.
8.5. The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.
8.6. Vendor is fully liable to change the product price & it's stock updates. company only liable to listing Vendor 's product list &it's different variant