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Terms Of Service

Terms Of Service

[User Engagement]

The users are hereby advised to carefully read the following Terms before engaging on this app/website. By registering as a seller on this app/website (www.thrifter.in) it is deemed that you understand and accept these terms.

Thrifter only giving to services platform to sellers sale authorised product on our website.

  1. Description Of Service Offered
    1. Thrifter E–com Solutions Private Limited [hereinafter referred to as 'The Company'] offers a platform viz www.thrifter.in [hereinafter referred to as 'The Platform'] to its users who comply with these terms to display, offer and sell their products namely apparels, footwear and fashion accessories [hereinafter referred to as ‘The Products’] through its platform.
    2. The Company expressly states that it is a facilitation platform where a user can sell its pre-owned products to a buyer and in return, the Company charges a user fee from the seller of the product [hereinafter referred to as ‘The Seller’] [Described in clause (iii) of this document].
    3. The Company through its platform does a two-tier job i.e audience build-up for its registered users and facilitation of the sale of their products by remitting the payment into the user’s bank account after completion of the transaction. While the signup and listing are not chargeable, the seller is charged a user fee @ 5% at the time of remittance of the final payment to the seller.

  2. Access To The Service
    1. The user by signing up to the platform agrees to these specific terms and is deemed to operate within the framework of these terms.
    2. Once the products listed by the user are reviewed by our seller on-board team, the products go live on display and sale. The seller is required to accept every order for the product displayed. Any later cancellation by the seller after the order shall be charged with a payment procession fee @ 3% [more fully described in clause (iv) to these terms].
    3. Once an order is received, the same will be communicated to the seller on its registered email and mobile number. The seller is required and expected to acknowledge the order and dispatch the same within 24 hours and upon receiving the shipping details from the Company. Any delay on part of the seller must be communicated in advance to our core team. Any absence of a response from the seller shall be considered as a breach of the term.
    4. After the order is received by the customer, the Company releases the payment to the user in his registered bank account after 72 hours of shipment confirmation from the buyer.
    5. The payment released by the Company shall be after all the deductions subject to user fee, payment gateway fee and applicable taxes [more fully described in clause (iii) to this document].
    6. The seller is free to approach the buyer outside the platform for fulfilment, dispatch or sell other products. Also, the buyer is free to approach the seller independently for buying any of its products or even and the Company will have no objection whatsoever.
    7. The user registering on the platform can be an individual or a business entity. The Company will not interfere with the seller’s source of procurement and pricing of the product or any licenses, approvals or registrations that the user is required to obtain under the law for selling such products. However, for the protection of the interest of the buyers, the Company may intervene in case some dispute with regard to quality and delivery of the product is raised by the customer. The decision on any such dispute taken by the company shall be binding on the seller.

  3. User Fees And Schedule Of Charges
    1. Every order that the user will get from the customer on the platform shall be subject to a user fee @ 5% of the sale amount [hereinafter referred to as ‘The user fee’]. Such a user fee is chargeable by the company on every successful order and payment.
    2. The user fee is a sum of sale commission charged @ 3% of the invoice value and 2% towards payment gateway fee [more fully described in clause ic to these terms].
    3. The user fee is charged at a flat rate and is not subject to the volume of orders. Such a fee is charged at the time of disbursement of the payment to the user.

  4. Usage Of Payment Gateway
    1. The Company through its platform facilitates online payment, using a third party payment gateway, for the transactions that the user undertake at the platform.
    2. In order to facilitate the secure transaction and safeguard the interests of the buyer, seller and the Company, the platform offers payment collection through its payment gateway only and not by way of bank transfers, cash, cryptocurrency or any illegal tender.
    3. Since the payment gateway is a service offered by a third party, the user fee includes a payment gateway charge @ 2% on the amount of remittance for each transaction.
    4. Such a charge is applicable also in the case where the seller cancels an order suo-moto. However, in a scenario where a buyer cancels the order, no user fee or payment gateway fee is chargeable.

  5. Limitation On Liability
    1. The Company limits itself to mere a platform where a user can list, display and sell its pre-owned products and thus the Company is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. Although a user may be able to conduct the transaction including payment acceptance through the Platform, using third-party vendors [Payment Gateway], the Company is not in any way involved in such transactions.
    2. The Company does not guarantee or underwrite any minimum orders in a month. Any orders to the user are purely coincidental, product demand and buyers choice. The Company, its officers, directors, employees, or agents, shall in no scenario be responsible for the number of orders on the platform.
    3. In no event shall the Company, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential damages or any tax liability of the seller arising out of the use of the platform or the service.
    4. The user undertakes to defend, indemnify and hold harmless the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from its use of and access to the Platform and/or the Service.
    5. The Company is not obliged to conduct a background check of the user and thus shall not be held liable for any dispute arising out of the legality of the product sold on its platform. The Company assumes that the products sold on its platform are pre-owned by the seller, legitimate and legal as per the laws of the Country of the buyer which may not be limited to the Republic of India.

  6. Acceptance
    1. The Platform and the Service are provided to you subject to these Terms of Service (these ‘Terms’). Signing up by you to this platform, it is assumed that you have read and understood these terms clearly.
    2. Any deviation by you from these terms shall give the right to the company to take corrective action and suspend the user from accessing the platform and in cases where the seller’s interest is hampered, to hold the payment until the dispute between the buyer and seller is settled.
    3. These Terms may be updated by the Company at any time at its sole discretion. The Company may send advance notice of changes to the Platform or these terms.
    4. The Company reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that the Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
    5. The Company, in its sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service, immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if the Company believes that you have violated these Terms.

  7. Disputes And Resolutions
    1. In the event of any dispute that arise between the user and the Company either with regard to the above terms or otherwise shall first be attempted, in good faith, to be resolved through negotiations between any director of the Company and the user or (its representative). If the dispute cannot be settled amicably within thirty (30) days, the party raising the dispute/grievance may take legal recourse.
    2. All disputes arising out of or in any way connected with these terms shall be deemed to have arisen at the place of the registered office of the Company and Courts in whose jurisdiction the registered office is situated shall be, by law, competent to decide the same.

  8. Disclaimer Of Warranties
    1. By agreeing to these terms you expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by the laws of India.
    2. The Company makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third-party websites linked to the platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service.

  9. Force Majeure
    1. For the purpose of these terms, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations and to mitigate the consequences thereof.
    2. Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.