Merchant-Sub-Merchant Agreement
This Merchant-Sub-Merchant Agreement (“Agreement”) is entered into by and between Osila Solution Pvt. Ltd. (“Electrokart”), having its registered office at [Registered Address], and the undersigned party (“Sub-Merchant” or “Seller”).
Effective Date: The date of registration and acceptance of this Agreement by the Sub-Merchant.
By registering as a seller on Electrokart’s platform [www.electrokart.store], the Sub-Merchant agrees to comply with the terms set forth herein.
1. Purpose of the Agreement
Electrokart provides an e-commerce platform that allows Sub-Merchants to list and sell their products to customers. This Agreement governs the rights and responsibilities of both parties for smooth operation on the platform.
2. Sub-Merchant Obligations
KYC and Compliance: Sub-Merchant agrees to submit and maintain accurate Know Your Customer (KYC) documents, including but not limited to PAN Card, Aadhaar Card, GSTIN (if applicable), and Address Proof. The Sub-Merchant warrants that the documents provided are valid and up-to-date.
Product Listing: Sub-Merchant shall ensure the accuracy of product descriptions, images, pricing, and inventory details. The listing of banned or illegal products is strictly prohibited. Sub-Merchants must adhere to Electrokart’s Prohibited Items Policy.
Quality and Delivery: Sub-Merchant guarantees the quality and authenticity of listed products. Sub-Merchant is responsible for timely delivery as per the agreed shipping timeline.
Customer Support: Sub-Merchant shall address and resolve customer disputes related to their products in a timely manner.
3. Electrokart Obligations
Platform Access: Electrokart shall provide access to its platform for listing and selling products.
Order Management: Electrokart shall facilitate the flow of orders, including payments, refunds, and cancellations.
KYC Validation: Electrokart shall validate the Sub-Merchant’s KYC documents during onboarding.
Dispute Resolution: Electrokart shall mediate disputes if the Sub-Merchant fails to resolve them directly with the customer.
4. Prohibited Activities
Sub-Merchants are prohibited from listing counterfeit, illegal, or restricted products, misleading customers with false descriptions, and engaging in fraudulent activities, including false reviews or ratings. Violations will result in suspension or termination of the Sub-Merchant’s account.
5. Payment Terms
Commission and Fees: Electrokart will deduct a marketplace fee and applicable charges from every transaction. The fee structure will be communicated during registration and may be updated with prior notice.
Payouts: Sub-Merchants will receive payouts for completed sales after deducting applicable charges. Payouts will be processed as per the platform’s payment schedule.
Taxes: Sub-Merchants are responsible for complying with applicable tax laws, including the payment of GST and income taxes.
6. Liabilities and Indemnification
Sub-Merchant Liability: Sub-Merchant shall indemnify Electrokart against claims arising from defective products, delivery failures, or any legal violations.
Electrokart Liability: Electrokart shall not be liable for any direct or indirect losses incurred by the Sub-Merchant, except in cases of proven gross negligence.
7. Term and Termination
Term: This Agreement remains valid as long as the Sub-Merchant operates on the platform.
Termination: Either party may terminate this Agreement with a 30-day written notice. Electrokart may terminate immediately for violations of this Agreement.
8. Dispute Resolution
In case of disputes, the Sub-Merchant agrees to resolve them amicably with Electrokart before seeking legal remedies. Any legal disputes shall be governed by the laws of India and fall under the jurisdiction of courts in Bangalore, Karnataka.
9. Miscellaneous
Amendments: Electrokart reserves the right to modify this Agreement with prior notice to Sub-Merchants.
Agreement Acceptance: By ticking the acceptance checkbox during registration, the Sub-Merchant acknowledges and agrees to all terms herein.
Communication: Official communication shall be via email at support@wearwave.site.
For any questions or clarifications regarding this Agreement, Sub-Merchants can contact Electrokart at:
Email: support@wearwave.site
Phone: 73061 49410