Terms and Conditions
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Bigly carries on the business of sales promotions, marketing, fulfillment services, and collection services across multiple consumer categories. Bigly owns an application which is an online Marketplace, where users of the Application can place order/(s) from various listed Supplier to fulfill the same. Bigly’s role is limited to managing Application (defined below) over which the products are displayed and other incidental services are provided to enable the transactions between the Sellers and the Suppliers.
1. Bigly reserves the right to curate / select the products to be displayed on its Web/App. Bigly also reserves the right to determine the Sellers who may sell on the Web/App.
2. Bigly shall receive Orders for the products displayed on behalf of Supplier. In the event payments are collected by Bigly on behalf of the Supplier, in the mode(s) as conveyed to the Sellers, the same will be collected while acting as an agent of the Supplier with the sole intent of facilitating the transactions of the Supplier.
3. Bigly shall provide the necessary backend infrastructure, like product uploading facilities, call centre, order management system, etc., for capturing the Seller/order details placed to the Suppliers. Orders placed by Seller will be forwarded to the Supplier for packaging and dispatch of product to the end Buyers. Bigly will separately inform the Supplier regarding the modalities involved to access the Orders of Sellers, by way of direct access through a “Supplier Panel” and packaging guidelines shall be shared through e-mail. Supplier shall provide content & images of its products to be displayed at Web/App. Supplier will update the dispatch details on the Order Panel provided by Bigly or any other mode as may be notified by Bigly from time to time.
4. On receipt of the Order, Supplier will make the products ready for dispatch, within 2 (two) working days, unless communication otherwise in prior. In case of any delay, Bigly will be immediately informed by Supplier, along with the expected time of dispatch, so that the Seller may be appropriately informed. In case Supplier fails to make the product ready for dispatch to the end Buyer within the period as stipulated above or marks the Order as Cancelled due to whatsoever reasons, Bigly will be entitled to penalize the Supplier. The Supplier agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Bigly from time to time. Supplier also undertakes that it shall not promote its products, services, offers, packages, etc to the end Buyer or the Seller’s Customer directly, indirectly and /or through email, SMS or any other electronic or physical mode.
5. The Supplier agrees and acknowledges that it will pay the marketing fees (If applicable) for all the orders received through Bigly.
6. Supplier shall quote best, lowest and competitive wholesale or transfer prices (inclusive of all applicable taxes) of the products to be displayed on the Web/App. Supplier will be responsible for payment of all applicable sales tax/VAT. Supplier authorizes Bigly in the capacity of marketing agent to discover and display the market price payable by the Seller, basis the competitive pricing prevalent in the market. Supplier shall be communicated of the market price and shall abide by that price as may be discovered or displayed by the Bigly from time to time. However, Supplier will have full right to withdraw the products from Web/App, if it dissents with price discovered by Bigly and has notified the same to Bigly. All such withdrawals will take effect within 12-24 hours from notification to Bigly. Bigly further reserves the right to run promotions offering to the Seller on the Web/App.
7. Bigly shall release the payment on the following basis.
Payment shall be made by way of eNet for which you have to share your bank account details with Bigly. The payments will be made after adjusting penalties (if any).
8. Bigly will release the payment 5th, 15th and 25th of every month.
LOGISTICS AND CONSUMER RIGHTS:
9. The ownership in the products will be transferred to the Seller after successful delivery at the destination provided by Seller, until which the ownership in the product shall be with Supplier only. As a large market place, Bigly will provide an option to Supplier to opt for Bigly shipping or Supplier can ship the product directly to the given address as mentioned in order panel but logistic charges will be taken care by Seller. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Supplier. However, any damage to the product in transit due to mishandling by the logistic partner, Bigly will facilitate the recovery from logistic partner if it is shipped by Bigly(as per the term of logistic partner). In case of supplier’s shipping, supplier is responsible for any damage. All orders placed on Bigly Web/App are covered under “100% Moneyback Guarantee” programme; hereby Supplier agrees to fulfill the commitments made under the abovementioned programme specified at the Web/App. The said programme protects Seller against inadequate or non-performance by Supplier.
10. Supplier will offer standard manufacturers or supplier warranty actually associated with the products. However, the Parties (Bigly & supplier) agree that in event of any repair, replacement or 100% refund of money will be given to the Seller against any manufacturing defect or damage as per the Return policy. The Supplier shall issue a suitable, duly stamped, manufacturer’s warranty card to the end Buyer with the product at the time of dispatch of the products, if applicable.
INTELLECTUAL PROPERTY RIGHTS:
11. Bigly will hold the right to Select, Upload & Present the Content of Product to the Sellers.
12. Supplier hereby grants to Bigly the right to display/delist the product and/or related logo and/or trademark and/or brand name, register company name etc. owned by it or its business associates for marketing/selling through the Web/App.
13. Except as agreed to by the Parties, the data of Sellers will be the exclusive property of Bigly, and Supplier will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times Confidential information would include but not be limited to Seller details, market information, all work products and documents related thereto, the contents of Bigly’s Web/App or any other information which is treated as confidential by Bigly, and any other information received or to be received by Supplier which is agreed to be treated under the same terms. The Supplier also undertakes to fully indemnify Bigly against the breach of this clause.
REPRESENTATION AND WARRANTIES:
14. Supplier represents and warrants that it is a legal entity engaged in a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business and doing regular compliances with applicable provisions of laws. Supplier shall not deem Bigly responsible for any charges or penalties levied against the supplier in case of non delivery, delayed delivery or cancellation of order.
15. Supplier hereby declares and confirms that it deals in original, legitimate and genuine quality products which are either self-manufactured and/or procured from the legitimate channel following all legal requirements. Supplier further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be solely responsible. The Declaration of Supplier is annexed herewith as Annexure 2.
PRODUCT LISTINGS and ORDERS:
16. Bigly will charge 10% commission on products TP Price , until further notice. Commission charges may be revised overtime and the suppliers will be notified of it.
17. Supplier will give the products on Wholesale Price or Transfer Price Net of Taxes to Bigly. Retail price is not applicable on Bigly, because it’s customers are sellers and not end-buyers.
18. Packaging: Product should be packed in plain bag which should not contain Supplier’s details or other Company’s name.
19. Invoice: Invoice needs to be generated in the name of the end customer for which the details will be shared by Bigly. The invoice amount will also be shared by Bigly (this may or may not be equal to the selling price of the supplier).
20. Bigly accepts product images in a certain format. In some cases suppliers will be required to share real images (camera or mobile clicked) of the products, for more accurate representation of the product.
Returns and Cancellations:
21. Bigly offers 7 days Return and Refund Policy to its Sellers. However, Bigly reserves the right to decide if the return/exchange of the delivered product falls under the Bigly Return/Exchange Policy. In event of a Return/Exchange attributed to any of the following reasons:
a) manufacturing defect,
b) incorrect product details,
c) dispatch of wrong product,
e) dispatch of wrong size,
f) mismatch between product image and product delivered
g) product fabric mismatch
the reverse shipping charges will be borne by the Supplier. However, in cases where the Return/Exchange can be attributed to a fault occurring on part of Bigly, the reverse shipping charges will be borne by Bigly.
22. All RTO cases in case of Cash on Delivery orders will be returned to the Supplier’s shipping address, and Bigly will not bear any costs associated with the product except the shipping charges.
23. Supplier shall be penalized with 10% of the product value or Rs. 100 (whichever is higher) for each of the product not fulfilled against the order. Bigly and the Supplier shall determine an estimated quantity for each SKU to be reserved based on the expected sales, and then this quantity shall be reserved for them. The penalty shall be applicable ONLY for any unfulfilled product quantity shorter than the estimated quantity.
24. This agreement may be terminated by Bigly or the Supplier by giving 30 (thirty) days’ notice in writing. Provided, in the event of a material breach of the terms of this Agreement, Bigly may terminate this Agreement at any time.
25. Both parties agree for followings:-
This Agreement and the rights granted under it may not be assigned or transferred by either Party without the written consent of the other Party.
All notices, requests and demands, and other communications required or permitted under this Agreement shall be in writing and either delivered personally or sent to the official address of the Party through recognized courier service or e-mail. Party may change its address by delivering notice of such change of address to the other Party.
In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render the provision enforceable in a manner that most closely represents the original intent of the Parties. In such event, the remaining terms and conditions of this Agreement will remain in full force and effect and enforceable.
During the course of your use of the Services, you may receive information relating to us or our Affiliates or to the Services that is not known to the general public ("Confidential Information
"). You agree that: (a) all Confidential Information will remain Bigly's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
Bigly may amend any of the terms and conditions contained in this Agreement at any time and solely at our discretion. All notice of changes to the Agreement will be posted for at least 30 calendar days.