Khoshee Marketplace- Terms & Conditions

1 . User Agreement

You are allowed to use the KHOSHEE online (including www.Khoshee .com. hereinafter referred to as "the App" or "We" or "Website" or “Social Media”) and its related apps, services and tools) is governed by the following terms and conditions as applicable to the App. KHOSHEE provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement" or "User Agreement").

KHOSHEE is the web, mobile and offline marketplace where users from all over India connect to buy and sell unique goods. By using the App in any manner, including but not limited to visiting or browsing the App, 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, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the App.

Amendments

KHOSHEE may amend this User Agreement and/or KHOSHEE Rules and Policies at any time by posting a revised version on the App. Khoshee will be making calls and sending SMS through a third-party platform

2 . Membership Eligibility

Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the App and shall not sell or purchase any items on the App. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes the responsibility of all activities carried out by the user.

3 . Khoshee is a Marketplace

KHOSHEE acts as a Marketplace to allow users who comply with KHOSHEE 's policies to offer, sell and buy goods within a fixed-price format. The App is only a venue through which Users can reach a larger base to buy and sell items. KHOSHEE is not directly involved in the transaction between buyers and sellers. All the information and products listed on the App are provided 'as is where is'. As a result, KHOSHEE 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. KHOSHEE does not pre-screen users or the content or information provided by users. KHOSHEE cannot ensure that a buyer or seller will actually complete a transaction. KHOSHEE is not responsible for the 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, KHOSHEE does not transfer legal ownership of items from the seller to the buyer

KHOSHEE 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. In particular, KHOSHEE does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App. KHOSHEE accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

KHOSHEE cannot guarantee the true identity, age, and nationality of a user. KHOSHEE 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 use your best judgment on that behalf.

You agree that KHOSHEE is a marketplace 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 KHOSHEE . You use the KHOSHEE service at your own risk.

4 . Buyer Policies

By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.

KHOSHEE is not responsible for the side effects one might endure by use of any item bought through the Website.

KHOSHEE 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 the product is delivered.

While KHOSHEE 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 KHOSHEE to report any and all suspicious behaviour or misappropriation of the site service.

Please be aware that even if you do not give KHOSHEE your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

5. khoshee charge a minimum percentage  as a processing fee once the order process is completed. If there are no orders for any seller/vendor,  khoshee will not charge anything.

5.1 Delivery charges on order delivered is charged as per the delivery partners through khoshee as per the weight. Vendors/partners can see the table for freight charges in their dashboards before adding their product and setting selling price for the same.

5.2 Payment gateway or online payment processing charge of 2.5% on every online transactions is applicable.

If the seller chooses to use KHOSHEE ’s shipping service, the shipping cost shall be calculated based on the volumetric weight or actual weight whichever is higher of the package will be deducted from the seller’s wallet.

In the case of COD, an additional fee will be levied.

Return Freight Cost would be applicable in case of Return Shipments.

If product weight is not inputted 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 as reduced by KHOSHEE fees and shipping Fees on KHOSHEE fees.

The payment due to the seller would be remitted in Sellers KHOSHEE Wallet. The seller can settle the same to his bank Account from his wallet.

The following is the remittance cycle for orders

  • For Prepaid Orders, the amount would be remitted within 7 days after delivery of orders (and if buyer doesn't place a return)
  • For COD Orders, the amount would be remitted within 15 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 KHOSHEE .com 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 KHOSHEE terminates a listing or your account, if you close your account, or if the payment of your KHOSHEE fees cannot be completed for any reason, you remain obligated to pay KHOSHEE for all unpaid fees plus any penalties, if applicable.

KHOSHEE reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the App and refuse to provide you with access to the App in the case of non-payment of fees by you to KHOSHEE . KHOSHEE also reserves the right to take legal action in case of non-payment of fees by you to KHOSHEE . KHOSHEE reserves the right to refuse any of its services 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 KHOSHEE 's 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 KHOSHEE shop. You agree to provide, maintain and update the data to keep it true, accurate, current and complete information about yourself as prompted by KHOSHEE '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 fulfilment 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 KHOSHEE 's transaction fees, misrepresent the item's location, or use another user's account without permission. Your price must be inclusive of applicable taxes.

KHOSHEE reserves the right to remove content which is deemed to be inappropriate or that could subject KHOSHEE 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.

C. Prohibited Goods

Every KHOSHEE 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 KHOSHEE 's marketplace, even if they are legal and otherwise meet KHOSHEE 's selling criteria. Some things just aren't in the spirit of KHOSHEE .

Counterfit Products and product that are Fake. Violating Such Policy will result into BLOCKING of Your Account and Permanent Closure of Your Account

And No Payment will be than Processed in any Case.

 

6. If the order is placed and, for any reason, seller cannot process it, in such a situation seller will have to bear the cost of 2.5% of the order value which will be given to payment gateways.

  1. It is upon the vendor/seller if they wish to give buyers the facility of returning the product or not.
  2. Vendor/sellers will have the access to provide option for COD on their products or not.

 

7.No Guarantee

KHOSHEE does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside KHOSHEE 's control.

8.No Warranty

KHOSHEE and its suppliers, affiliates and service provider provide the App 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 at your risk.

9.Feedback and Ratings

We encourage registered buyers and sellers on the App to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/seller.

KHOSHEE will not be responsible for the feedback that you post on the App 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 deliver your order repeatedly, KHOSHEE reserves the right to suspend your membership, and you will be unable to list or buy on the App.

10.Your Information and Content

"Your Information" is defined as any information you provide to us or other users of the App ("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.

  • 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. You shall have an absolute right, title and authority to deal in and offer for sale such items, goods or products.
  • KHOSHEE does not claim ownership rights in your Content. You grant KHOSHEE a license solely to enable KHOSHEE to use any information or Content you supply KHOSHEE with so that KHOSHEE is not violating any rights you might have in that Content. You grant KHOSHEE 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. You agree to allow KHOSHEE to store or re-format your Content on KHOSHEE and display your Content on KHOSHEE in any way as KHOSHEE chooses. KHOSHEE will only use personal information in accordance with KHOSHEE 's Privacy Policy
  • As part of a transaction, you may obtain personal information, including e-mail address and shipping information, from another KHOSHEE user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for KHOSHEE -related communications. KHOSHEE has not granted you a license to use the information for unsolicited commercial messages. You also do not have permission to provide your personal information, including email address, phone number and address, to another KHOSHEE User. Without limiting the foregoing, without express consent from the user, you are not licensed to add any KHOSHEE user to your email or physical mail list. For more information, see KHOSHEE 's Privacy Policy
  • By posting Content on KHOSHEE , it is possible for an outside app or a third party to re-post that Content. You agree to hold KHOSHEE harmless for any dispute concerning this use. If you choose to display your own KHOSHEE -hosted image on another app, the image must provide a link back to its listing page on KHOSHEE .
  • KHOSHEE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the App or otherwise (other than the Content and the tangible items sold on the App by users) (collectively, the "Material") to be non-confidential and non-proprietary, and KHOSHEE shall not be liable for the disclosure or use of such Material. If at KHOSHEE 's request, any member sends Material to improve the app (for example through the Forums or to customer support), KHOSHEE will also consider that Material to be non-confidential and non-proprietary and KHOSHEE will not be liable for use or disclosure of the Material. Any communication by you to KHOSHEE is subject to this Agreement. You hereby grant and agree to grant KHOSHEE , 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.

11.Control of Content

KHOSHEE provides an open community and embraces the free speech of users on the app within the limitations set forth in this Terms Of Use and decisions made by KHOSHEE staff. KHOSHEE does not control the Content provided by users that are made available on KHOSHEE . You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Please use caution, common sense, and practice safe buying and selling when using KHOSHEE .

KHOSHEE is not responsible for the availability of outside apps or resources linked to or referenced on the App. KHOSHEE 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 KHOSHEE 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.

12.Proprietary Rights Including Copyright and Trademarks

All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the app are the property of KHOSHEE . KHOSHEE reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or need of the community. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.

All material on the App 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 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.

13.  If the parcel is lost or marked lost by the courier company then the refund would be initiated of the order value or Rs. 1500/- whichever is minimum.

 

 

14. About account block

Once Account is Blocked, the Vendor's Payment will be on hold until 365 Days, and in case if decision goes in favour of customer the amount will be refunded to customer without any prior intimation to seller.

15. Severability:

If any portion of this agreement shall be held invalid by the court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.

16.General

Unless otherwise explicitly stated, notices to KHOSHEE must be sent by mail or email to KHOSHEE . Buyer/Seller can contact Khoshee at its email address or contact number shared for any dispute, inquiry or otherwise and can send correspondence to: Khoshee, Dugri Dhandra Road -  141116, Ludhiana (Pb.) India or support@Khoshee .com. Notices to you will be sent to the e-mail address or mail provided by you during the registration process.

 

Authorization

We hereby authorise Khoshee to pay the sum due to us on account of payments collected on our behalf in respect of goods delivered to our suppliers/ sister concerns. We hereby undertake that we shall not hold Sello Ship responsible for any liabilities that may arise due to the same. We also undertake to indemnify them in case of any loss caused due to such payment transfers.

17. Prepaid Orders

Prepaid Order are to be shipped from Khoshee courieer Services only otherwise the payment will not be Processed to Vendor.

18. RTO

IF THE PARCEL IS UNDER RTO AND SELLER ADDRESS IS NOT AVAILABLE OR IF SELLER IS NOT ACCEPTING THE PARCEL THE PARCELS WILL BE RTO TO OUR OFFICE AND WITHIN 1 WEEK IT WILL BE DESTROYED AND KHOSHEE HAS NO LIABILITY OF THAT SHIPMENTS.

19.Shipping charges and its terms

No rate dispute or weight dispute will be entertained after 40 days you have to report and resolve in 40 days failing to that Khoshee will not be liable for the beard loss.

20. Prepaid Order Cancellation Charges

The prepaid order cancellation charges applicable to both customers and sellers.

Order Cancellation by Customer

20.1 If a customer cancels an order, a cancellation charge of 3% of the order value plus applicable Goods and Services Tax (GST) will be deducted from the refund amount.

20.2 The remaining refund amount after deduction of cancellation charges will be processed to the customer's original payment method.

20.3 The customer acknowledges and agrees that the deducted cancellation charges are reasonable and represent a genuine pre-estimate of the Company's losses due to the order cancellation.

Order Cancellation by Seller

2.1 If a seller cancels an order, no cancellation charges will be applied to the customer.

2.2 The seller agrees that in the event of order cancellation, any applicable charges will be debited from the seller's wallet.

2.3 The full refund amount will be processed to the customer's original payment method.

Refund Process

3.1 Refunds, after the deduction of applicable cancellation charges, will be processed within 7-10 business days from the date of order cancellation.

3.2 The refund will be processed to the same payment method used by the customer during the initial transaction.

Timely Notification

7.1 Both customers and sellers are responsible for contacting our customer service as soon as they become aware of the need to cancel an order.

7.2 Khoshee is not liable for any delays in processing refunds or cancellations resulting from late or inaccurate notifications.

Confirmation and Processing

8.1 Once the order cancellation and refund request has been initiated via IVR call or WhatsApp, our customer service team will provide confirmation of receipt.

8.2. Buyer/Seller can contact Khoshee at its email address or contact number shared for any dispute, inquiry or otherwise and can send correspondence to: Khoshee, Dugri Dhandra Road -  141116, Ludhiana (Pb.) India.