Participation Agreement

Welcome to the Patelofficial.com site (the "Site") and our selling services (the "Market Place Services"). Any person who wants to access the Site and use the Services to sell items must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

Patelofficial Services LLC ("Patelofficial," "we," "us," and "our") reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

YOU'RE CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING PATELOFFICIAL'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

1. Eligibility: Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid bank account information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services of taxes that you pay (i.e vat tax, service tax, other taxes which apply by government within such country) (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder; and (c) any information provided or made available by you or your affiliates to Patelofficial or its affiliates is at all times accurate and complete.

2. Sellers' Fees and Payment Terms: The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. All fees are Flat 5 to 10 % of item value depends on category.plz follow category fees given below. Payment terms for seller are after 24 hours of delivery made seller. If product is not returned by buyer.

Category	Sub category	Final Value Fees*
Mobile Phones	All	5%
Mobile Accessories	All	5%
Laptops & Computer Peripherals	Desktop PCs, LCD / TFT Monitors, Laptops	5%
	Panel PCs (All in One), Printers/Scanners & Cartridges, CD / DVD Drives & Writers, Speakers, Webcams & Multimedia, Networking Equipment, Keyboard & Mouse, Computer Components, Software	5%
	USB Modem, Router & Networking, PC Tools & Laptop Accessories, Internet & Services, Laptop Batteries & Adapters	5%
Tablets & Accessories	iPads & Tablets	5%
	Rest	5%
Cameras & Optics	Digital Cameras, Film Cameras, SLRs, Binoculars	5%
	Microscopes,  Camcorders, Digital Photo Frames, Telescope, SLR Camera Lenses	5%
	Camera, Camcorder Accessories, Other Optics	5%
LCD, LED & Televisions	TV Accessories	5%
	Rest	5%
Audio & Home Entertainment	Projectors & Accessories	3%
	Apple iPods, MP3 & MP4 Players, Portable Audio & Video, DVD & Blu-ray Players, DVD/ VCD Accessories, Home Audio, Head Phones, Head Sets, Home Theatre & Accessories,	5%
	Landline Phones, Batteries & Chargers, Batteries & Chargers, Apple iPod Accessories, MP3 Accessories &  Everything Else	5%
Memory Cards, Pen Drives & HDD	All	5%
Home Appliances	Home Security Systems, Other Home Appliances	5%
	Rest	5%
Games, Consoles & Accessories	Gaming Accessories	5%
	Rest	5%
Clothing & Accessories	All	10%
Shoes	All	10%
Fragrance, Beauty & Health	Bath and Spa, Make Up, Deodorants, Nail Care & Polish, Shampoo, Powder & Talc, Toners & Astringents, Body and Skin Care, Hair Care, Shaving & Hair Removal	3%
	Health Care & Instruments	10%
	Perfumes, Massage & Other, Wholesale Lots, Sexual Wellness	10%
Watches		10%
Jewellery & Precious Coins	Diamond Jewellery, Loose Diamonds, Fashion & Imitation Jewellery, Jewellery Storage & Cleaners, Loose Gemstones & Pearls, Men's Jewellery	10%
	Precious Metal Coins & Bars, Gold Jewellery	1%
	Sterling Silver Jewellery	10%
Home & Living		10%
Kitchenware, Dining & Bar		10%
Toys, Games & School Supplies		10%
Baby & Mom	Baby Bath, Grooming, Skin Care, Baby Food & Feeding Items, Baby Gift Packs, Baby Health & Safety	5%
	Rest	7%
Coins & Notes		10%
Stamps		5%
Collectibles		7%
Cars & Bike Accessories	All	7%
Fitness & Sports	All	7%
Books & Magazines		6%
Movies and music		6%
Stationery & Office Supplies	Office Electronics	5%
	Rest	7%
Tools & Hardware	Power Tools, Hand Tools ,Air, Pneumatic tools, Cable Wires, Extension Cords, Flashlights, Generators, Home Use, Locks, Padlocks, Magnetic Compasses, Meters, Testers, Probes, Paints, Brushes, Plugs, Switches, Fuses, Safety, Protective Gear, Swiss & Camping Knives, Tapes, Glues, Welding & Soldering	7%
	Rest	6%
Musical Instruments		7%
PatelOfficial Daily		7%
Everything Else	FMCG	2%
	Rest	7%
Cars & Bikes		7%
Warranty Services		5%

 

3. Applicable Policies and Guidelines: As we offer two option for selling an item on Patelofficial market place, (1) Post pricing (Its mean Patelofficial self-make item value so seller can get value of item he wants) (2) Pre pricing (Its means seller self-make item value with adding charges) a applicable have to declare first under which offer applicable have to work.

4. Patelofficial's Role: Patelofficial provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. Patelofficial is not involved in the actual transaction between Sellers and buyer. As a Seller, you may list any item on the Site unless it is a prohibited item as shown below or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

5. The Transaction Processing Service: By registering for or using the Services, you authorize Patelofficial Payments, Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Transaction Processing Service and also from time to time while Seller is registered with the Transaction Processing Service (including credit reports about Seller's spouse if Seller lives in a community property state), and to obtain an initial credit authorization from Seller's bank detail issuer at time of registration. Sales Proceeds are credited to a registered Seller's Payment Account.

a. Transfers to the Seller's Account will generally be credited within 24hrs of working Days of the date we initiate the transfer. Payment will be made through NEFT/RTGS, Charges of transaction will vary to seller.

b. We may refuse service to anyone for any reason. We will bear the risk of credit card fraud (i.e., fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and Seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of Seller's products.

6. Patelofficial Reservation of Rights: Patelofficial retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Participation Agreement) that has been charged for an order that we stop or cancel.

7. Patelofficial Participation: Employees of Patelofficial and its affiliates are permitted to participate in their personal capacity (i.e., not as Patelofficial employees, representatives, or agents of Patelofficial or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). As any Buyer or Seller on this Site.

8. Your Transactions: For sales where a Seller lists goods at an option price as we describe before, the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

9. Your Obligation: By entering into this Participation Agreement and posting a listing for fixed price sale, you agree to complete the transaction as described by this Participation Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

10. Seller Taxes: You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Patelofficial is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Patelofficial Payments expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Patelofficial and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

11. Returns and Refunds: Patelofficial Payments or its affiliates to Seller under this Participation Agreement or seek reimbursement from Seller .Sellers are kindly requested to see buyer return policy. On the case of refunds if sellers have in fault like wrong item delivery, damaged item delivery, low quality of item, different as description shown in listed on site, Seller will charge on courier charges had made.

12. Illegal Activity:

a. Compliance with Laws and Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Patelofficial will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

13. No Warranties: THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. NEITHER PATELOFFICIAL NOR PATELOFFICIAL PAYMENTS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

 

a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.

c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED.

d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PATELOFFICIAL OR PATELOFFICIAL PAYMENTS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PATELOFFICIAL AND PATELOFFICIAL PAYMENTS DISCLAIM ANY AND ALL SUCH WARRANTIES.

14. General Release: BECAUSE PATELOFFICIAL AND PATELOFFICIAL PAYMENTS ARE NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE PATELOFFICIAL AND PATELOFFICIAL PAYMENTS (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

15. Indemnity/Limitation of Liability:

a. Indemnity and Defence: You will defend, indemnify and hold harmless Patelofficial, Patelofficial Payments, and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

b. Limitation of Liability: NEITHER PATELOFFICIAL NOR PATELOFFICIAL PAYMENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

16. Applicable Law: The laws of the state of Gujarat this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Each party consents that any dispute or claim relating in any way to this Participation Agreement or your use of the Services or Transaction Processing Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that you may assert claims in a small claims court in Gujarat.

17. Disputes. Because neither Patelofficial nor Patelofficial Payments is the agent of Seller and is not the agent of Buyer for any purpose, neither Patelofficial nor Patelofficial Payments will act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Patelofficial urges Sellers and Buyers to cooperate with each other to resolve such disputes.

18. Termination. Patelofficial, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. Patelofficial, in its sole discretion, also may prohibit any Seller from listing items for fixed price sales.

19. TERMS & CONDITIONS OF OUR COURIER PARTNERS VARY TO PARTICIPANT

a)            COD Collection:

Fedex Rs. 58

Aramex Rs. 40 or 1.725% which is higher

GoJavas Rs. 46 or 1.725% which is higher

Delhivery Rs. 40 or 1.725% which is higher

DotZot Rs. 50 or 2.5% which is higher

b)           Volumetric weights

For billing purposes, the higher of either the actual weight (kg) or

Volumetric weight will be considered as the weight.

Air shipment l x b x h (in cm) / 5000

Surface shipment using Fedex l x b x h (in cm) / 4500

Surface shipment using DotZot l x b x h (in cm) / 4750

Return to origin As per forward charges + COD charges if applicable

Correction and rerouting

Charges Rs. 63/- per consignment. (incl. of Service Tax.)

c)            Delivery turn around time

Air shipment - 1-4 working days

Surface shipment (Economy) - 4-7 working days

d)           Manual label penalty charge Rs. 500/-(inclusive of Service Tax)

e)            States and their duty taxes

(Depending upon your category of goods)

State Tax: Maharashtra - Octroi 5.5% / LBT - 3% to 5%

Entry Tax: Assam - 4%, Bihar - 5%, Orissa - 2%, Rajasthan - 5.5%, Uttarakhand - 10%

West Bengal - 1%, Jammu &Kashmir - 13.5%

No Entry tax for surface shipments. Only forms will be required.

Environment Cess: Sikkim - 1%

f)             Advancement Fee

(Applicable only in the above states)

Delhivery - 5% of Tax paid (15% Service Tax additional), Fedex - Rs. 60 or 5% of Tax paid whichever is higher (15% Service Tax additional), DotZot - 5% of the Tax Paid (15% Service Tax additional)

g)           Disputes

Billing related queries should be raised within 7 days of submission of the reports and COD related queries should be raised within 30days of delivery. Post these time frames, queries and claims will not be entertained.

h)           Insurance

Invoice value up to Rs 5000 - Free

Invoice value from Rs 5001 to Rs 50000 - 0.75% of invoice value

Invoice value from Rs 50001 to Rs 100000 - 1% of invoice value

Invoice value above Rs 100000 - 2% of invoice value

 

20. General Provisions:

a. Entire Agreement: This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notices and Conditions of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

b. No Waiver: Neither Patelofficial nor Patelofficial Payments will be considered to have waived any of its rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by the relevant party. No delay or omission by Patelofficial or Patelofficial Payments in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Patelofficial's or Patelofficial Payments' failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of either party's right to subsequently enforce such provision or any other provisions of this Participation Agreement.