Terms of Use:
Please read these Terms of Use ("Terms") carefully before using our video commerce website ("Shopism"). These Terms govern your use of the Website and any services or products offered on the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Website.
1. Definitions:
a. "Website" refers to our video commerce platform located at https://shopism.online/
b. "User" refers to any individual or entity accessing or using the Website.
c. "Seller" refers to any individual or entity offering products for sale on the Website.
d. "Buyer" refers to any individual or entity purchasing products from the Website.
e. "Product" refers to any goods, items, or services available for sale on the Website.
f. "Video Content" refers to any videos, live streams, or recorded content available on the Website.
2. Eligibility:
By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accessing the Website on behalf of a business, you represent that you have the authority to bind that business to these Terms.
3. Account Creation and Security:
a. To use certain features of the Website, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.
b. You agree to provide accurate and up-to-date information during the account registration process.
c. You must not share your account credentials or permit others to access your account.
4. Video Commerce Features:
a. The Website enables Sellers to showcase and sell products through video content.
b. Sellers are responsible for creating accurate and informative video content that showcases their products and provides relevant information to Buyers.
c. Buyers may view, interact with, and purchase products directly through the video content.
d. Sellers are solely responsible for the quality, accuracy, and legality of their video content and products.
5. Warranties and Representations
A.Warranties and Representations by the seller:
As a Seller on the video commerce website, you represent, warrant, and agree to the following:
a. You are a lawfully incorporated business entity and have the full capacity and competence to understand and agree to the Terms.
b. You have the full power and authority to accept the Terms, grant any necessary licenses or authorizations, and fulfill your obligations under these Terms.
c. You will use the video commerce website and services solely for business purposes.
d. Your use and access to the video commerce website are strictly for commercial purposes, and any products or services you offer are intended for commercial use and not personal consumption.
e. The address you provide during the registration process represents the business location of your entity.
f. Your business is validly established and incorporated in compliance with applicable laws.
g. You will comply with all relevant laws while using and accessing the video commerce website.
h. Your products or services, as well as your activities on the video commerce website, comply with applicable laws.
i. You are solely responsible for obtaining any necessary third-party licenses and permissions for any user-generated content you submit, post, or display.
j. Any user-generated content you submit, post, or display does not infringe or violate any third-party copyright, patent, trademark, trade name, trade secret, or other personal or proprietary rights.
k. You have the right and authority (as required by applicable laws) to sell, trade, distribute, or export the products or services described in the user-generated content, and such actions do not infringe any third-party rights.
l. The descriptions and particulars of the products or services you offer, including weight, content, measure, quality, condition, marks, numbers, and value, are complete and accurate, complying with all applicable laws, regulations, and requirements.
m. All information provided by you or on your behalf regarding shipments or deliveries is complete and accurate.
n. Your shipments are properly prepared, packed, stowed, labeled, and marked according to applicable standards.
o. Your shipments are adequately packed to withstand normal handling and storage during transportation.
p. Your shipments comply with all applicable laws, regulations, and requirements.
Warranties and Representations by the Buyer:
As a buyer on the video commerce website, you represent, warrant, and agree to the following:
a. You are a lawfully incorporated business entity and have the full capacity and competence to understand and agree to the Terms.
b. You have the full power and authority to accept the Terms, grant any necessary licenses or authorizations, and fulfill your obligations under these Terms.
c. You will use the video commerce website and services solely for business purposes.
d. Your use and access to the video commerce website are strictly for commercial purposes, and any products you purchase are intended for commercial use and not personal consumption.
e. The address you provide during the registration process represents the business location of your entity.
f. Your business is validly established and incorporated in compliance with applicable laws.
g. You will comply with all relevant laws while using and accessing the video commerce website.
6. Product Listings and Transactions:
a. Sellers are responsible for the accuracy and completeness of their product listings, including product descriptions, prices, and availability.
b. Buyers are responsible for reviewing the product listings and making informed purchasing decisions based on the video content.
c. All sales transactions are solely between the Seller and the Buyer. The Website is not a party to any transaction and does not guarantee the quality, safety, or legality of the products.
7. Payment and Pricing
(A)General Payment Terms
a. Buyers agree to pay the price listed by the Seller for the purchased products.
b. Prices listed on the Website may be subject to taxes, shipping fees, and other charges, as applicable.
c. The Website may offer various payment methods. Buyers agree to provide accurate and complete payment information.
d. The Website may use third-party payment processors to facilitate transactions. The use of such processors is subject to their respective terms and conditions.
(B)Payment Terms to Buyers:
a. When placing an order on the platform, the buyer can choose from the available payment methods. However, it's important to note that if the buyer opts to make payments through us or a third party engaged by us, we will act in a fiduciary capacity.
b. For credit card payments, a convenience fee (including GST) may be charged by Shopism. The fee will be displayed on the payment page during checkout and is subject to change at our discretion. This fee is non-refundable.
c. In certain cases, we may require the buyer to pay a token amount (not exceeding the transaction amount) when placing an order. This amount will be held in trust and adjusted against the final payment. If the order is canceled, we may either deduct a cancellation penalty fee or forfeit the token amount, at our discretion.
d. The buyer is solely responsible for transactions/payments made to the seller. We act as a payment collector and do not verify the legality of transactions between the buyer and seller.
e. If the buyer chooses to pay the seller via post-dated cheques, the buyer must ensure the cheques are correctly filled. If returned by the seller, the buyer may be requested to replace them or make payment through an alternative method. Failure to do so may result in legal action by the seller.
f. As a payment collector, we may charge an administrative fee for collecting post-dated cheques. This fee is subject to applicable taxes.
g. We reserve the right to discontinue the post-dated cheque collection facility without prior notice.
h. Payments received from the buyer will be transmitted according to the settlement process outlined in the Seller Terms. Buyers agree to abide by these provisions and not raise disputes regarding settlement methods.
i. Buyers consent to comply with guidelines, instructions, and requests made by us, third-party banks, financial institutions, or payment system providers when making payments on the platform.
j. We are not liable for any failed transactions on the platform, including non-performance by the seller, service/product deficiencies, or technical errors. Buyers acknowledge that we are not responsible for any losses incurred due to failed transactions.
k. In the event of a chargeback, we may withhold settlements to the seller until the issue is resolved through bank or regulatory inquiries.
l. Buyers must comply with applicable regulations and laws regarding cash transactions as stipulated by tax laws.
m. Refunds are subject to the Refund Policy. Refunds will be processed in the same manner as received, and the timing of refund crediting is subject to the buyer's bank policies.
n. If the buyer uses a third-party service provider through the platform, we are authorized to remit payments (after deductions) to the designated bank account of the service provider based on the settlement process outlined in the Seller Terms. No separate authorization is required for this transfer.
(C)Payment Terms to Sellers:
a) We will provide Payment and Settlement Services to the Sellers about each transaction on the Platform. Shopism may, at its discretion, sub-contract all or part of the Payment and Settlement Services, and/ or shall have the right to use or engage the services of any third-party services provider(s), sub-contractor(s), or agent(s) on such terms as Shopism may deem appropriate, however, Shopism shall remain liable to the Seller for the performance of its obligations to provide Payment and Settlement Services under these Terms.
b) Seller acknowledges and agrees that in performing the payment collection services, we are acting merely as a payment collector, solely in a fiduciary capacity, and shall take no responsibility as to the legality of any payment transaction between the Seller and the Buyer.
c) Seller acknowledges and agrees, that as part of the payment collection services, if Shopism is collecting post-dated cheques on behalf of the Seller, it is clarified that Shopism is acting merely as a payment collector, solely in a fiduciary capacity, and shall take no responsibility as to the legality of such post-dated cheques received from the Buyer. It is further clarified that if such post-dated cheques bounce and/or are not encashable for any reason whatsoever, the Buyer alone shall be responsible for such payment obligation. Any legal action for such failure of the payment obligation shall be against the Buyer only and the Seller shall not hold Shopism responsible for such failure of the payment obligations.
d) We shall have the right to withhold settlement of payments to you or any third -party, if we, in our sole discretion, determine that the transaction being undertaken by you is not genuine or suspicious, or fraudulent.
e) You hereby consent and agree to comply with guidelines, instructions, requests, etc., as may be made by us or third-party banks or financial institutions, as the case may be, or a payment system provider from time to time, about these Payment and Settlement Services.
f) Refunds (if any) shall be processed in the same manner as they are received. The refund amount will reflect in the Seller’s bank account based on the respective bank's policies.
8. Settlement:
We will settle the payments received from the Buyer at the time of actual delivery of the order(s) to the designated bank account of the Seller (or third party based on the instructions given by the Seller (if applicable)) within the following timelines:
a. The payments shall be transmitted to the designated bank account of the Seller (or third party based on the instructions given by the Seller (if applicable)) within 2 days after the expiry of the refund eligibility period of the buyer if the buyer does not request for refund/replacement. If the buyer requests for refund the entire amount after deduction of cancellation charges if any will be refunded to the buyer. If the buyer requests for replacement the amount will be paid within two days after the confirmation of delivery to the satisfaction of the buyer.
b. In any of the settlements methods, Seller (or third party as per the instructions received from Seller) will receive the amount (minus our Sales and Support Services Fees about the sales and support Services provided by us, such other amounts due and payable by Seller to us or any third-party (in case we are instructed by such third party or Seller to collect such monies from the Seller), any amount to be refunded to the Buyer and any taxes payable under applicable laws) within the aforesaid timelines. It is clarified that any settlement of payment to the Seller shall be subject to applicable tax laws and Shopism may deduct or collect such taxes from the amount to be paid to the Seller by the provisions of applicable tax laws as set out under clause (i) and (j) below.
c. About the tax collection at source under applicable GST laws, as may be amended from time to time:
d. In case of any mismatches on account of tax collection at source, Seller shall be required to provide all relevant information to us, to correspond with the relevant authorities, and also in case of any liability accruing on account of omission shall be Seller’s obligation to pay such deficit.
e. Seller will provide the corresponding Harmonised System Nomenclature (HSN) code number and applicable GST rates for every product sold on the Platform. You accept that declaring the HSN and GST rates of the product is your responsibility and that to sell the product(s) on the Platform pre-declaring the respective HSN and GST rates shall be mandatory.
f. Seller will be responsible to provide their correct GST registration number against which the tax collected at source (under GST laws) need to be reported by us. We shall not hold any responsibility for incorrect disclosures of GST registration number and consequent loss of credits of tax collected at source in the hands of the seller. In case any tax, interest, or penalty is imposed on us, on account of incorrect disclosure of information by the Seller, then such Seller shall indemnify us concerning such tax, interest, or penalty as may be levied by the GST authorities.
g. We shall have the right to deduct or recover, as the case may be, tax deducted at source (“TDS”) as may be applicable under the applicable provisions of the Income Tax Act,1961 (as may be amended from time to time) and as determined by us in our sole discretion on transactions and/or payments through or facilitated by the Platform. In respect of TDS deducted and/or recovered, we will provide certificate(s) evidencing and/or supporting the deposit of TDS in the prescribed format by the provisions of the Income Tax Act, 1961 (as may be amended from time to time). It is clarified that for this purpose, we will be entitled to rely upon the Permanent Account Number (“PAN”) and any other particulars provided to us and we shall have no obligation to validate or verify the same. In the event of any liability that may arise on account of incorrect or incomplete particulars/details being provided by Seller to us including interest, penalty, or any other levies, we shall have the right to recover the same from the Seller in our sole discretion.
h. Seller shall comply with all the applicable regulations/ laws about cash transactions as stipulated under the applicable tax laws.
i. We shall be entitled to recover from the Seller, from time to time, any amounts due from it or incurred by us on account of the following, unless the same are caused on account of negligence, act, or omission of our or its employees, officers, etc.:
j. Chargeback of transactions;
k. Any penalty or charge which may be levied on us by any payment instrument or the clearing house i.e. Reserve Bank of India or its local clearing agent (as the case may be) arising, inter alia, for excessive chargeback of transactions or excessive failure of transactions or excessive Buyer disputes and/or any other reason; any amount due to us from the Seller.
l. If there are reasonable grounds to suspect that a transaction has been conducted in breach of any applicable laws or is a fraudulent transaction, we shall be entitled to suspend or withhold the payments of the Seller that are due to the Seller.
m. In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller, pending inquiries by the banks or any regulatory body till the resolution of such issues.
9. Shipping and Delivery:
a. Sellers are responsible for fulfilling and shipping the products to Buyers promptly, as specified in the product listings or agreed upon between the Seller and Buyer.
b. The Website may provide estimated delivery times, but these are not guaranteed and may vary.
c. Sellers should provide accurate shipping information and update it promptly if there are any changes or delays.
10. Returns and Refunds:
a. Buyers may be entitled to returns and refunds by the Seller's return policy.
b. Sellers are responsible for establishing and communicating their return policy to Buyers.
c. Buyers should review the Seller's return policy before making a purchase.
11. Intellectual Property:
a. The Website and its content, including video content, text, graphics, logos, and images, are protected by intellectual property laws.
b. Users may not copy, modify, distribute, or reproduce any part of the Website without prior written permission.
12. Prohibited Conduct:
a. Users must not engage in any unlawful, abusive, or harmful conduct on the Website.
b. Users must not violate any applicable laws or regulations.
c. Users must not interfere with the operation of the Website or disrupt its functionality.
13. Privacy:
a. The Website collects and uses personal information through its Privacy Policy.
b. By using the Website, you consent to the collection and use of your personal information as described in the Privacy Policy.
14. Limitation of Liability:
a. The Website and its owners, affiliates, and employees shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Website.
b. The Website does not guarantee the availability, accuracy, or reliability of any information, video content, or products on the Website.
15. Modification and Termination:
a. The Website reserves the right to modify or terminate these Terms at any time, with or without notice.
b. Users are responsible for reviewing the Terms periodically to stay informed of any changes.
16. Grievance Redressal:
By Information Technology Act 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Naveen Reddy Karri
Plot No. 92 Koundinya Nagar, Nacharam,
Hyderabad, Telangana-500076
Email: naveenbdmpvtltd@gmail.com
17. Governing Law and Jurisdiction:
These Terms shall be governed by and construed by the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [City], India.
18. Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
19. Entire Agreement:
These Terms constitute the entire agreement between you and the Website, superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.