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Firstshop is a mobile app and E- Commerce website marketplace where users from all over India connect to buy and sell unique goods. It is owned and managed by Firstshop Online Retails Pvt. Ltd, a company incorporated under Companies Act, 1956 with a registered office at Lucky House, Kunal Icon, RH-01, Pimple Saudagar, Pune- 411027, Maharashtra. By using the App and Website in any manner, including but not limited to visiting or browsing the App and Website, you (the “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink. This Agreement applies to all users of the App and Website, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the App and Website.
Amendments Firstshop may amend this User Agreement and/or Firstshop Rules and Policies at any time by posting a revised version on the App and Website
Firstshop acts as a venue to allow users who comply with Firstshop’s policies to offer, sell and buy goods within a fixed-price format. The App and Website is only a venue through which Users can reach a larger base to buy and sell items. Firstshop is not directly involved in the transaction between buyers and sellers. All the information and products listed on the App and Website are provided ‘as is where is’. As a result, Firstshop has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Firstshop does not pre-screen users or the content or information provided by users. Firstshop cannot ensure that a buyer or seller will actually complete a transaction. Firstshop is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
Consequently, Firstshop does not transfer legal ownership of items from the seller to the buyer.
Firstshop does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the App and Website. In particular, Firstshop does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App and Website. Firstshop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Firstshop cannot guarantee the true identity, age, and nationality of a user. Firstshop does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality 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 App and Website use your best judgment on that behalf.
You agree that Firstshop is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Firstshop . You use the Firstshop service at your own risk.
Firstshopis not responsible for the side effects one might endure by use of any item bought through the Website.
Firstshop recommends the buyer to look for other users’ testimonials before making the purchase decision. We encourage you to post feedback on the seller after the sale is closed and product is delivered.
While Firstshop takes necessary steps and precautionary measures to ensure that the seller is genuine but we cannot and do not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions. We suggest all users employ common sense, and encourage users to contact Firstshop to report any and all suspicious behavior or misappropriation of the site service.
Please be aware that even if you do not give Firstshop your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Listing Fees Firstshop does not charge any fees for listing an item for sale, only charges 15% to 40% commission + 18% GST of the sale price for any transaction fulfilled on its platform. The same is deducted from the merchant’s wallet once the merchant accepts the order.
The following will be the charges that a seller will have to bear –
* In case of orders that are being cancelled due to non-acceptance or non-fulfillment by the sellers, Firstshop commission would be applicable. * In case of shipments that are cancelled post fulfillment, due to seller’s inability to hand over shipments during pickup, Firstshop commission would be applicable. Firstshop Charges 1. 15% Commission + 18% GST on commission would be charged 2. If the seller chooses to use Firstshop shipping service, a flat rate of Rs.60 (Inclusive of GST) per 0.5 kg will be deducted from the seller’s wallet. 3. Transaction charges will be applicable on all Prepaid and COD orders 4. Return Freight Cost would be applicable at a flat rate of Rs. 60 (Inclusive of GST) per 0.5 kg in case of Return Shipments. 5. If product weight is not input correctly at the time of listing, the actual weight as per Courier Company will be used for calculating the freight rate. Seller will be charged for the differential in freight rate.
Redemption of Earnings The earnings of the seller shall be the sale price fixed by the seller after reduction of Firstshop commission, transaction charges, shipping fees and GST on Firstshop commission.
The payment due to seller would be remitted in Sellers Firstshop Wallet. The seller can settle the same to his bank Account from his wallet.
The following is the remittance cycle for orders:
1. For Prepaid Orders, the amount would be remitted in 7 days after delivery of orders (and if buyer doesn’t place a return)
2. For COD Orders, the amount would be remitted in 16 days after delivery of orders (and if buyer doesn’t place a return)
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of firstshop.in and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents.
Termination If Firstshop terminates a listing or your account, if you close your account, or if the payment of your Firstshop fees cannot be completed for any reason, you remain obligated to pay Firstshop for all unpaid fees plus any penalties, if applicable.
Firstshop reserves the right to issue a warning, temporarily/indefinitely suspends or terminates your membership of the App or Website and refuse to provide you with access to the App in case of non-payment of fees by you to Firstshop . Firstshop also reserves the right to take legal action in case of non-payment of fees by you to Firstshop. Firstshop reserves the right to refuse any of its service to anyone, for any reason, at any time.
b. Listing and Selling
Listing Description and Pricing: By listing an item on the App you warrant that you and all aspects of the item comply with Firstshop published policies. You also warrant that you may legally sell the item. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process. You must accurately describe your item and all terms of sale in your Firstshop shop. You agree to provide, maintain and update the data to keep it true, accurate, current and complete information about yourself as prompted by Firstshop’s registration form, profile generation and shop set-up.
Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. You must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties.
All listed items must be kept in stock for successful fulfillment of sales.
If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer.
The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding Firstshop transaction fees, misrepresent the item’s location, or use another user’s account without permission. Your price must be inclusive of applicable taxes.
Firstshop reserves the right to remove content which is deemed to be inappropriate or that could subject Firstshop to legal action.
Sales All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. The transaction between buyer and seller shall be considered a legally binding contract between those two parties.
A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Firstshop. A user will not be able to transfer Credits to any other user or person.
Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the Credits owned by such User will immediately be invalid and cannot be subsequently used.Once expired, Credits will not be reinstated.
d. Prohibited Goods: Every Firstshop seller is responsible for following the laws that apply to you, your shop and your items, including any shipping restrictions for your items. There are some types of items that we don’t allow in Firstshop’s marketplace, even if they are legal and otherwise meet Firstshop selling criteria. Some things just aren’t in the spirit of Firstshop . Click here to view the list of such items.
8. Electronic Communications When you use the App and Website or send e-mails or other data, information or communication to Firstshop , you agree and understand that you are communicating with Firstshop through electronic records and you consent to receive communications via electronic records from Firstshop periodically and as and when required.
No Guarantee Firstshopdoes not guarantee continuous, uninterrupted access to the App and Website, and operation of the App and Website may be interfered with by numerous factors outside Firstshopcontrol.
11. No Warranty Firstshop and its suppliers, affiliates and service provider provide the App or Website and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App and Website at your risk.
Firstshop will not be responsible for the feedback that you post on the App or Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
As a seller, if you continue to receive negative feedback ratings or fail to delivery your order repeatedly, Firstshop reserves the right to suspend your membership, and you will be unable to list or buy on the App and Website.
You are solely responsible for your conduct and activities on and regarding to Firstshopand any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Firstshop.
“Your Information” is defined as any information you provide to us or other users of the App and Website (“Users”) in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
1. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the App and Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
2. Firstshopdoes not claim ownership rights in your Content. You grant Firstshopa license solely to enable Firstshop to use any information or Content you supply Firstshop with, so that Firstshop is not violating any rights you might have in that Content. You grant Firstshop a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.
4. By posting Content on Firstshop, it is possible for an outside app or a third party to re-post that Content. You agree to hold Firstshop harmless for any dispute concerning this use. If you choose to display your own Firstshop -hosted image on another app, the image must provide a link back to its listing page on Firstshop.
5. Firstshop considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App and website or otherwise (other than the Content and the tangible items sold on the App and Website by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Firstshop shall not be liable for the disclosure or use of such Material. If, at Firstshop’s request, any member sends Material to improve the app and Website (for example through the Forums or to customer support), Firstshop will also consider that Material to be non-confidential and non-proprietary and Firstshop will not be liable for use or disclosure of the Material. Any communication by you to Firstshop is subject to this Agreement. You hereby grant and agree to grant Firstshop, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Please use caution, common sense, and practice safe buying and selling when using Firstshop.
Firstshop is not responsible for the availability of outside apps and Website or resources linked to or referenced on the App and Website. Firstshop does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such apps or resources. You agree that Firstshop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such apps or resources.
17. License Subject to these terms of Service Agreement, we grant you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this app or Website and services; provided that this app or Website and the content provided in this app and Website, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, modified, a derivative work of the app or Website is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this app and Website and services , unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.
All material on the App and Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights in such material, and is prohibited.
Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the App and Website for public viewing and reproduction/use of your content by third party users, you accept the User License Agreement whereby you grant a non-exclusive license for the use of the same.
20. Limitation of Liability In no event shall Firstshop or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising under, out of, or in connection with, the App and Website, its services or this Agreement (including tortuous claims arising thereof).
Firstshop’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Firstshop. Firstshop, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App and Website or that the operation of the App and Website will be error free and/or uninterrupted. Consequently, Firstshop assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App and Website, which are incorporated by way of reference in this Agreement.
2. Any interruption or errors in the operation of the App and Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Firstshop has been advised of the possibility of such damages).
This Agreement sets forth the complete and entire understanding and agreement between you and Firstshop with respect to the subject matter hereof. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax, Octroi, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not attempt to or circumvent or manipulate our fee structure, the billing process or commission and/or fees owed to Firstshop.