Seller Terms & Conditions

This Merchant User Agreement (“Agreement”) is between you, the Seller, together with any company or other business entity you are representing, if any (collectively, “You” and/or “Seller”), and Bobbin Mart, A subsidiary of Xportsoft Technologies with its office located at Xportsoft Technologies, Near GuggaMaadi, Khojkipur, Kardhan Road, AmbalaCantt.Haryana 133001 INDIAT: + 91-171-2699304. (“Bobbin Mart”), the company providing Marketplace for Raymond Trims to help Sellers sell Raymond merchandise online to buyers PAN India.

This Agreement explains the terms and conditions governing your use of the Bobbin Mart Marketplace and Bobbin Mart iOS/Android apps for selling Raymond accessories. In addition, this agreement governs your use of the Bobbin Mart website and all of its integral modules.

By signing up at the Bobbin Mart website, you have chosen to accept these terms and conditions and acknowledge that the Bobbin Mart solution during this sign-up period is governed by the rules set forth below. If you do not wish to accept this agreement, do not proceed with the sign-up or you may cancel your account at any time on your sole discretion.

By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the website.

Eligibility Criteria

The Bobbin Mart Marketplace platform may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. Bobbin Mart uses many techniques to verify the accuracy of the information You provide when You register on the Bobbin Mart website. If for any reason, Bobbin Mart, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement or to refuse to provide the Website Services under this Agreement to You.

  1. Services

Your Bobbin Mart solution will include the full Marketplace store features, back end, content management system, personal business account, profile page, etc. (excluding any payment gateway services).

1.1 Registration as a Seller

In accordance with this Agreement, anyone who fulfils the eligibility criteria documented above can register as a Seller of Raymond Trims on the Bobbin Mart website. On successful sign up and upon successful verification of your identity through verification email, code, etc. you will be able to create a personal profile or account as a Seller on Bobbin Mart.

While registration and signing up is effortless, you will only be able to add products and push them live for sales on the Bobbin Mart Marketplace portal upon your acceptance of this Merchant User agreement and successful submission of necessary documents such as GSTIN, PAN, Electricity Bill, etc. Please note that acceptance of your account is subject to the approval of Bobbin Mart which reserves, in its sole discretion, to accept or reject any registration proposal without furnishing any feedback and/or clarifications regarding the same.

Upon successful approval of your account by Bobbin Mart, You can anytime customize your profile and use the custom user-friendly backend of your account to add Raymond Trims products and push them live for sales on the platform.

1.2 Service fee

Merchant agrees to timely pay the applicable service fee, i.e. 8 percent of each sale made, or otherwise agreed by a written agreement, to Bobbin Mart. Along with it there is Listing Fees i.e. For 5 SKU : Rs. 5000/- with 100% refund upon sale on Rs 5 Lacs in 12 months. For 5 to 25 SKU: Rs 10,000 with 100% refund upon sale of RS 10 lacs in 12 months. For > 25 SKU : Flat RS 20,000 with 100% refund upon sale of 20 lacs in 12 months.Any SKU with nil sale in 12 months will be automatically delisted.Merchant agrees that maximum stocks for a seller cannot exceed 25% of total stocks. Refuse of payment, or failure to comply with or otherwise pay fees due is a material breach of this agreement. Bobbin Mart, in its sole description, reserved the right to modify service fee at any time, for which a written notice will be furnished on this website for the Merchants 30 days before the new service fee takes effect. If you do not comply with the new charges, you may reach out to us for queries and explanations (only through email communication) or terminate your account at any time to discontinue your use of our website. As such, you will delete all forms of material, either in print, images, account password, or any other copyrighted or patented material, etc. upon termination of your account.

1.3 30 Days return/refund policy

All sales made on the Bobbin Mart (hereinafter reffered to as We”) marketplace are valid for a complete product return or refund by the customer (hereinafter referred to as the Buyer) within 1 dayof delivery. Therefore Bobbin Mart, in its sole discretion, may apply a “Lock In” period of 30 days to release your earnings for a successful sale. By registering on Bobbin Mart you accept that we reserve the right to release your proceeds for a sale after its valid return or refund period expires.The refund to buyer will be processed within 8 working days after return shipment is received by seller.

1.4 Shipment

Will be taken cared by the Seller. Buyer will take care of the cost part.  Courier Company will be of choice of BobbinMart which will give details aboutCourier Company.

Seller info will always be masked.

  1. Restrictions and Prohibitions

2.1 You are not to use the Bobbin Mart solution, the iOS or Android app, the selection of similar web address for your member site, solution, or the Merchant account to, including, but not limited to:

By signing up on Bobbin Mart as a Seller and using the platform for generating sales, you accept that you will not use the Bobbin Mart website, the mobile apps, or any copyright material to, including, but not limited to:

Be false, inaccurate or misleading.

Be fraudulent or involve the sale of counterfeit or stolen items.

Infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Bobbin Mart may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising).

Be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.

Access illegally or without authorization any computers, servers, accounts or networks of Bobbin Mart or any Bobbin Mart merchant, or attempt to “hack” into Bobbin Mart security systems, having Bobbin Mart host or distribute any Internet viruses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks or disrupting others of effectively using the Bobbin Mart solution.

Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and You shall not use Your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes.

Be harmful or potentially harmful to the Bobbin Mart solution’s server structure as determined in Bobbin Mart’s sole discretion, including without limitation overloading the Bobbin Mart solution’s server technical infrastructure.

Create liability for Bobbin Mart and its subcontractors or expose them to undue risk or otherwise engage in activities that Bobbin Mart, in its sole discretion, determines to be harmful to its affiliates, operations, reputation, or goodwill.

Post or disclose any personally identifying information or private information about children or any third parties without their consent or the parent’s consent, in a case for minor.

Post or display of any materials that exploits or otherwise exploits children under age of 18 years.

Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animal or in providing instruction/information or assistance in carrying out such violence.

Conduct activities such as gambling, sweepstakes, raffles and lotteries.

2.2. You agree that without express consent of Bobbin Mart (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or contents (or services related to the same) on the Bobbin Mart website:

Pharmaceutical or any other controlled substances.

Illegal drugs and illegal drug contraband.

Alcohol.

Firearms and weapons.

Pirated computer programs.

Pornography or illicitly pornographic products.

Computer software viruses or software designed to create a virus.

Any goods which are (or Instructions on how to make) harmful, dangerous or illegal.

2.3 You agree that you will not (and will not allow any third party to) participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Bobbin Mart solution or technology; deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner), and/or fail to obtain all required permissions when using the Bobbin Mart solution to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.

  1. Privacy

Bobbin Mart values your privacy. We will never sell, rent, giveaway or share personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you and your business will be subject to our Privacy Policy. Bobbin Mart uses Secure Socket Layers (SSL) to protect all your personal information (name, address etc.). All credit card payment will be handled by our designated processors and Bobbin Mart does not store any credit card details.

  1. Our Rights and Obligations

4.1 Merchant Account Content Changes

Bobbin Mart reserve the right to make changes to your account if you breach any of the provisions of this Agreement with sufficient notice and reasonable time period provided to you, to rectify the infringing content (as determined by Bobbin Mart’s sole discretion). If you fail to conform to Bobbin Mart’s satisfaction, then Bobbin Mart may make changes to the Merchant account to bring it in compliance with this Agreement. Merchant is not to hold Bobbin Mart liable for any foreseeable, unforeseeable, direct, indirect consequences that may result from the changes made by our Support team to Merchant account in response to a Merchant account that breaches this Agreement. Bobbin Mart’s decision is final and binding. Notwithstanding the above, Bobbin Mart also reserves the right to discontinue the provision of any or all aspects of the Bobbin Mart solution to any member for any breach of this agreement.

4.2 Informing Merchants on Changes

Bobbin Mart reserves the right to inform all Merchants regardless of their email subscription on important information such as service outages, material changes or modifications to the solution, latest development as well as changes to the Merchant User Agreement.

  1. Termination

Bobbin Mart reserves the right to discontinue any or all aspects of the Bobbin Mart solution or restrict your use of the solution in whole or in part for any breach of this Agreement by you at any time without prior notice; or if Bobbin Mart determines in its sole and exclusive discretion that terminating your use of the Bobbin Mart solution is necessary for security reasons, for proper continued operation of Bobbin Mart or for whatsoever reasons deemed appropriate by Bobbin Mart; or if your use of Bobbin Mart solution is not for a legitimate business purpose, violating any rules or regulations; or if Bobbin Mart receives information that the use of Bobbin Mart solution (or any part thereof) may violate any third party right.

Bobbin Mart may at any time, with thirty (30) days’ notice to you, modify or discontinue any or all aspects of the Bobbin Mart solution or restrict your use of the solution in whole or in part for Bobbin Mart’s convenience.

If, at any time, the credit card number that you provided to Bobbin Mart expires, or if we are unable to charge valid charges to that credit card number, or if you fail to make payments due to Bobbin Mart hereunder after a ten (10) days’ notice, then Bobbin Mart reserves the right to modify or discontinue any or all aspects of the Bobbin Martaccount.

If, at any time, the credit card number that you provided to Bobbin Mart expires, or if we are unable to charge valid charges to that credit card number, or if you fail to make payments due to Bobbin Mart hereunder after a ten (10) days’ notice, then Bobbin Mart reserves the right to modify or discontinue any or all aspects of the Bobbin Martaccount.

All rights granted to you, the Merchant, under this Agreement would be terminated upon termination of this agreement. Following such termination or suspension, you agree not to reregister for or otherwise access the Bobbin Martaccount without Bobbin Mart’s written approval. Upon termination of this Agreement, Bobbin Mart reserves the right to delete any data files associated with your use of the Bobbin Martaccount. However, you are still liable for the full charge for the period during which we terminate or suspend your Bobbin Martaccount.

  1. Variations to the Terms and Conditions

Bobbin Mart may at any time, with notice of not less than thirty (30) days, change its fees and the terms of this Agreement. With regards to the changes in fees and charges, they will be posted clearly on this page of our website. Bobbin Mart will also be sending you an email or even send you a letter informing you of the change. If you find any change unacceptable, you are free to terminate this agreement. Your continued use of the Bobbin Mart solution after the effective date of a change constitutes your continued acceptance of the new terms and conditions of this Agreement, the Bobbin Mart solution as well as its fee schedule.

  1. Indemnification

You agree to indemnify and hold Bobbin Mart, its suppliers, advertising and promotional partners, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys’ and expert witnesses’ fees) incurred or arising from:

Your misuse of the Bobbin Mart solution (or any other Bobbin Mart services) contrary to, prohibited and restricted under this Agreement.

Infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Merchant account.

Any Content generated by users of Your Store.

Breach of this Agreement.

Any obscene or libelous material posted on your Merchant account.

Any claims arising from the sale or license of goods or services in Your Account.

  1. Third Party Rights Violations

If complaints of a violation of third party rights arise with regards to your Merchant account, then Bobbin Mart will have to investigate on the validity of the complaints. If the complaint is valid, then the issue will have to be dealt with accordingly and it will be considered a breach of this Agreement.

  1. Proprietary Rights

As between the parties, Bobbin Mart acknowledges that it claims no proprietary rights in Merchant’s information or any intellectual property right contained therein. As between parties, you, the Merchant, acknowledge and agree that Bobbin Mart and its licensors own all right, title and interest in:

The Bobbin Mart solution

Any other Bobbin Mart’s service or product

The technology available on the Bobbin Mart solution

And all content, including but not limited to text, software, music, photographs, video, graphics, or other material contained or maintained on the Bobbin Mart solution, excluding all Merchant information.

You agree also that the content and technology behind the Bobbin Mart is protected by international copyrights, trademarks, service marks, patent, or other proprietary rights and laws; which means that you are only allowed to use Bobbin Mart content and technology only as expressly authorized by Bobbin Mart and its licensors. You should understand and agree that the compilation, collection, selection, arrangement, assembly and coordination of all content available on the Bobbin Mart are exclusive property of Bobbin Mart and its licensors and it is rights protected. Therefore, unless expressly authorized by Bobbin Mart, you may strictly only use it for your internal business and data-gathering purposes.

  1. Disclaimer of Warranties

BOBBIN MART, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE WEBSITE, ALL RELATED MATERIAL, MOBILE APPS, AND SERVICES, ON AN “AS IS” BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. BOBBIN MART, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOLUTTION OR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 10 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

  1. Limitation of Liability

IN NO EVENT SHALL BOBBIN MART, ITS SUPPLIERS, ADVERTISING AND PROMOTIONAL PARTNERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOLUTON OR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). BOBBIN MART’S, ITS SUPPLIERS’, ADVERTISING AND PROMOTIONAL PARTNERS’, AND SERVICE PROVIDERS’, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BOBBIN MART FOR ONE SALE.

  1. Disclaimers

Bobbin Mart and the Merchant are two (2) separate entities; therefore opinions and views expressed in any Merchant account do not reflect that of Bobbin Mart. We do not verify, vouch, review or otherwise endorse the content on any Merchant account. The Merchant is solely responsible for the content and everything else contained on their own site. Merchants may be held legally liable for the contents of their site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner.

 

Bobbin Mart is not responsible for the delivery or quality of any goods or services sold or advertised through the Merchant account.

 

 

Bobbin Mart and its licensors makes no other warranties or representations of any kind with respect to the Bobbin Mart solution. No warranty is given that the Bobbin Mart solution or technology is error-free. Bobbin Mart and its licensors disclaim any warranty of title or any other warranties for any third party’s offering(s) or product(s).

 

Bobbin Mart does not guarantee that its security procedures taken will prevent the loss of, alteration of, or improper access to your information. Bobbin Mart and its licensors are in no way responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried over inter exchange carriers’, local exchange carriers, or other providers’ facilities.

 

The content (text and graphics) appearing on Bobbin Mart website may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of the Bobbin Mart solution and technology.

 

Bobbin Mart website may provide links to other websites or resources. You acknowledge and agree that Bobbin Mart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites and resources. You also agree that Bobbin Mart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with use of or reliance on any such content, goods or services available on such external third-party sites.

  1. Use of Credit Card

If Merchant has selected that credit card transaction processing for upgrading his or her account or for purchasing addition services at Bobbin Mart, Merchant agrees to the following contractual provisions:

 

Merchant hereby authorizes Bobbin Mart to bind Merchant to the end-user license agreement proffered by its payment gateway provider(s) for the purpose of establishing Merchant as a customer of its payment gateway provider(s).

 

Merchant shall be responsible for the operation and connection of their Credit Card with the payment gateway provider(s)’s services.

 

Merchant is liable for all fees charged to Bobbin Mart by its payment gateway provider(s) for Merchant’s use of the payment gateway provider(s)’s systems and services.

 

Merchant shall: (i) secure any credit card transaction data residing on the equipment owned, controlled or operated by Merchant from intrusion or unauthorized access, (ii) comply with all provincial, territorial, state and federal laws governing the disclosure and use of retail customer information, (iii) not use, disclose, store, sell or disseminate any credit/debit card-holder information obtained in a credit/debit card transaction processed through Bobbin Mart or its payment gateway provider(s), including but not limited to storing private cardholder credit/debit card information such as card numbers, expiration dates and CVV numbers, outside of the payment gateway, except as permitted by the card-holder, (iv) comply with the requirements of any debit/credit card or other payment brand rules, including those related to data security and customer data.

 

Merchant agrees that neither Bobbin Mart nor its payment gateway provider(s) shall be liable for any improperly processed transactions, illicit access to Merchant’s account with its payment gateway provider(s) or any of Merchant’s transaction data or unauthorized disclosure and use of passwords or its payment gateway provider(s)’s account access information.

 

Merchant agrees to immediately notify Bobbin Mart in the event of any security breach or suspected security breach of Merchant’s account or unauthorized or suspected unauthorized access to Merchant’s transaction data.

 

YOU HEREBY INDEMNIFY AND AGREE TO HOLD BOBBIN MART HARMLESS FROM ANY CLAIM, (INCLUDING ANY ASSOCIATED DAMAGES, COSTS AND REASONABLE LEGAL FEES INCURRED BY BOBBIN MART OR ITS AFFILIATES) BROUGHT AGAINST BOBBIN MART OR ITS AFFILIATES BY ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH ANY LOSS OR DAMAGE WHOLLY OR PARTIALLY CAUSED BY YOUR USE OF THE OFFLINE CREDIT PAYMENTS FEATURE IN ORDER TO ACCEPT CREDIT CARD TRANSACTIONS WITHOUT AUTHORIZATION WHERE SUCH TRANSACTIONS ARE SUBSEQUENTLY DENIED BY THE TRANSACTION PROCESSOR FOR ANY REASON.

 

MERCHANT AGREES THAT USE OF THE PAYMENT GATEWAY PROVIDER(S)’S SYSTEMS OR SERVICES IS AT MERCHANT’S SOLE AND ABSOLUTE RISK AND THAT NEITHER BOBBIN MART, NOR ANY BOBBIN MART PARTY SHALL BE LIABLE IN ANY WAY OR UNDER ANY THEORY IN THE EVENT OF ANY CLAIM, DAMAGE OR EXPENSE INCURRED BY MERCHANT ARISING FROM USE OF THE PAYMENT GATEWAY PROVIDER(S)’S SYSTEMS OR SERVICES. MERCHANT ACKNOWLEDGES THAT BOBBIN MART IS NOT RESPONSIBLE FOR ITS PAYMENT GATEWAY PROVIDER(S)’S SYSTEMS AND THAT NO WARRANTY OR CONDITION WHATSOEVER, INCLUDING FOR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, ARISES ON THE PART OF BOBBIN MART. MERCHANT AGREES THAT MERCHANT’S SOLE RECOURSE IN THE EVENT OF ANY CLAIM IS AGAINST ITS PAYMENT GATEWAY PROVIDER(S) AND MERCHANT HEREBY IRREVOCABLY RELEASES AND WAIVES ANY CLAIM IT HAS OR MAY HAVE, WHETHER OR NOT INCHOATE, AGAINST BOBBIN MART AND THE BOBBIN MART PARTIES ARISING FROM USE OF ITS PAYMENT GATEWAY PROVIDER(S)’S SYSTEMS.

  1. Disclosures

The services hereunder are offered by Bobbin Mart, India.

  1. Assignment

You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by Bobbin Mart, in Bobbin Mart’s sole discretion.

  1. Governing Law

In the event of a dispute, Bobbin Mart agrees to a friendly mediation to resolve it. If mediation is not successful, then we agree to binding arbitration to be conducted in the nearest Court of Law in India. This agreement shall be governed by and construed according to the laws and jurisdiction of the country of India.

  1. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Website, the Services, the Mobile Apps, Your Content, and Your listing and sale of products and services through your account.

  1. No Agency

You and Bobbin Mart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Force Majeure

Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

  1. Miscellaneous

This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

  1. Contact

Should you have any questions or queries regarding Bobbin Mart or this policy agreement in general, you can reach out to us by email at support@bobbinmart.com, and we’ll revert to you within 72 business hours