This document highlights the prospective negotiable basic terms of agreement between “The Connoisseur” and the brand/seller. This Addendum sets terms and conditions under which (Brand/Seller/Supplier) will provide drop shipping product fulfilment services for ‘The Connoisseur’(Firm). The Connoisseur withholds the rights to change these Terms & Conditions ofSale but with prior consent of both the parties. ‘The Connoisseur’ wishes to sell and promote the products offered by ‘Seller’ on their web site located at: www.theconnoisseurofficial.com. The seller is responsiblAe for paying commissions to the firm as per schedule 2 for all the sales procured.

It is hereby agreed as follows:

 

1.        Agreement to supply

1.1     The Seller will fulfil and deliver the products listed as agreed on the Connoisseur under their brand to the assigned delivery address as per the order request.

1.2     The list of products is decided based on the overall mission of the connoisseur and agreed through any written channel of communication with the seller.

2.        Duration

2.1      The Connoisseur and seller agree that the term of the Agreement shall commence on its abovewritten effective date and shall continue for any period of time until it is
terminated by either parties by providing 15 days of written notice.

3.        Quality

3.1      Products to be supplied under this Contract must conform to the description and specifications as sent on the product catalogue.

3.2      The Connoisseur must notify the Seller promptly in writing if it becomes aware of any products which do not conform to the requirements set out in this Contract. The Connoisseur will not be obliged to pay for non-conforming products and the Seller will be responsible for their removal and replacement with products that conform to the requirements of the Contract.

4.        Quantities and ordering procedures

4.1      The minimum and maximum quantities of products supplied will be in accordance with the order requests by consumers on the platform.

4.2      The seller will provide a written forecast of its stock level for all the mutually agreed products list that are in direct possession of the seller and are available on a ‘buy now’ basis at the connoisseur website.

4.3      Upon receiving an order interest, The connoisseur platform will send an automated message with order details / will contact the seller with complete detailsr egarding the order and henceforth a product fulfilment to the required address will be completed by the seller.

5.        Delivery & ownership

5.1      The Products will be delivered by the Seller to the address at the delivery destination specified in the order details.

5.2      Delivery point is at the premises of the seller.

5.3      All deliveries will be made during normal working hours of the firm, unless otherwise agreed in writing.

5.5      The Seller will arrange for packaging, labelling & insurance of the Products in accordance with procedures agreed in writing with the firm from time to time. The Seller will also provide such documentation as may be appropriate to enable the products to be delivered.

5.6       The seller can directly get in touch with the consumer once the order details have been processed by The Connoisseur. The seller must keep the consumer as well as the connoisseur informed with delivery status from time to time or provide a tracking detail for consumers to self-check product delivery status.

5.7      If the seller fails to complete delivery of products within the standard delivery time frame as specified by the seller, a proper written explanation regarding the reasons will be presented to the consumer as well as communicated to the consumer.

5.8      For any international order the shipment will be done only after consultation with the seller on shipping charges, insurance cost and any customs related cost.

5.9      Insurance is mandatory for all domestic and international shipments. The seller will be responsible to claim the insurance from the insurance company in the case of a
damaged product/lost in transit or any further reason. 

6.        Prices

6.1      Prices of products are set by the seller. These prices include transportation to the delivery point and all other charges(packaging, taxes, profits, insurance etc). The commission charge will be on the price set by the seller in the product catalogue.

6.2      Prices will be subject to adjustment only after prior approval between both partiesNew prices will be adjusted through negotiation and agreement between the seller and The Connoisseur. In fixing any new prices, the Seller will provide the firm with details of cost increases and other relevant data. Both Parties will act ingood faith in these  negotiations.

6.3      Prices applying at the time that negotiations commence will apply until a price change is agreed.

6.4     The Connoisseur is free to display the products at an increased/discounted price on the online platform.

6.5    Delivery, Packaging and Insurance Costs: Sellers will be responsible for and pay the costs for use of adequate material for proper packaging and timely delivery of Art Work and insurance costs with respect to item required to be delivered to a Buyer. Such costs shall not be paid and/or reimbursed by The Connoisseur (either to the Buyer or to the Seller) for any reason and may be taken into account by the Seller while deciding the Listed Price. It will be the Seller’s responsibility to ensure that all items ordered are securely packaged, neatly labelled and adequately insured for safe and timely delivery to the concerned Buyer whether domestic orinternational.

7.        Payment terms

7.1     Art: 20% of the settlement amount (schedule 2) after deduction of commission and other charges will be paid upfront on the order request from the consumer and the remaining after confirmation of delivery and the consumer claim period.

          Other product categories: Payments will be processed at the end of month or after completion of order request and after retun policy date.

 

7.2    The Seller will upon request provide the firm with copies of delivery notes and other relevant data to support invoices which are submitted.

7.2   The Seller will be entitled to suspend delivery of any order for products if any payment for products already delivered is outstanding for more than 10 days after the date upon which it became due.

7.3     Payments will be made through NEFT mode

7.4   The balance 80% of settlement amount will be paid to the seller/brand after the expiring of the return policy.

7.5     A commission Invoice will be sent to the seller/brand for every order that is placed.

 

8.          Returns & Exchanges

 8.1      If  the firm becomes aware of any claim or potential claim in respect of defective product liability arising from a delivery of any products it shall immediately inform the seller in writing providing all necessary information/documentation to enable the Seller to take any appropriate action. The Seller may require to give all reasonable assistance, at the Seller’s cost, to enable the Seller to defend its reputation. The firm shall not, without the prior written authorisation of the Seller settle any such claim. However under the store policy the consumer has been advised to directly contact the seller as per the contact address sent on the invoice during product delivery. Sellers should proactively handle any defective/incorrect product delivery claims and must facilitate an exchange at its own cost as soon as possible.

 

8.2      The Connoisseur doesn’t encourage exchange on the platform for non-defective products once sold as there are international sellers & buyers too and the message is clearly mentioned in the shipping & return policy section however if needed the consumer is directed to contact the seller directly for any exchange request and hence the seller is
advised to facilitate such request under their own return provision with  the condition that consumer may have to pay for the return shipping of the item.

 

 8.3
In case of damaged/incorrect product orders, The Connoisseur follows a 3 day claim policy. The customer needs to claim within 3 days of order received. The claim should
happen directly with the brand contact mentioned on the invoice sent to the consumer with the original shipment or through the contact details section mentioned on The Connoisseur website. Such claim policy is subject to change as per the legislation/act/rules of the country.

 

8.4      In case of a genuine return claim after proper verification of the evidence submitted by the consumer as well as verifying it with the seller then the return procedure will be initiated. The seller will be contacted by the connoisseur and the seller is obliged to refund the 20% of settlement amount that was paid upfront during placing of order which then combine with the 80% of settlement amount held by the connoisseur till the end of return period will have to be all refunded to the consumer.

 

8.5       In case a return claim has been initiated by the consumer for a print item order but the seller does not possess the particular print item in the stock at that time then the supplier
should take adequate action to make the consumer as well as the connoisseur informed  about the earliest availability of the product.

 

8.6      The Product payment invoice will be raised by the supplier to the consumer directly with the seller’s name, GSTN number, contact etc.

 

8.7     Seller shall be solely liable for all packaging rules compliances.

 

8.8       Damaged item and Return: Sellers will be responsible and liable for retrieval of any item that is delivered in a damaged condition and/or that is not as described on the Website. Seller shall bear all the costs of and/or arising from such damaged and/or improper item and retrieval thereof from the concerned Buyer.

 

8.9     The Connoisseur will not be liable to bear any cost arising from damaged product/lost in transit/incorrect product order for which the complete refund has to be initiated to the consumer. Hence, it is the responsibility of the seller to make sure that artwork/item is properly packaged and insured in case of any such event.

 

9.         Dispute or Claims

9.1       The seller/brand undertakes that it will not make any misleading claims or produce any misleading advertising material in respect of the Products.

 

9.2       The seller is advised to keep a digital photograph of the assignment with the invoice before final packaging for at least a period of  3 days after product delivery in case of any dispute raised by the consumer regarding defective / incorrect product delivery.

 

9.3      The seller shall be solely liable for any claims raised by the customer & shall defend any such claims at its own costs.

 

10.      Termination

10.1     The Seller may terminate this Contract by notice to the Connoisseur if the firm is overdue in making any payment for more than 30 days, or if the firm commits any material breach of this Contract and (in the case of a breach capable of remedy)   fails to remedy the breach within 20 days of being requested to do so in writing.

10.2   The Connoisseur may terminate this Contract if the Seller fails to perform its obligations or commits a material breach of this Agreement and (in the case of a breach
capable of remedy) fails to remedy the breach within 30 days of being requested to do so in writing.

10.3     Either Party may terminate this Contract by notice if the other Party becomes insolvent or has a receiver or liquidator appointed or enters into an arrangement with its creditors.

10.4     The Seller may terminate this Contract in the circumstances contemplated by Clause 6.3.

10.5       Either party may terminate in the event of the Government restricting to deal with a certain product as agreed before.

 

11.       Force majeure

11.1      The Seller shall
not be liable to the Connoisseur for failure to deliver nor shall the firm be liable to the Seller to take Products ordered under this Contract where:

11.1.1       the failure is due to a cause outside that Party’s control including, but not limited to, acts of nature, war, terrorism, sabotage, fire, explosion, flood, action of any governmental authority, embargo, failure of raw materials supply, strike or labour dispute (except of the workforce of the Party claiming force majeure),

and

11.1.2       it gives notice of the event as soon as practicable to the other Party.

 

A Party claiming force majeure must use all reasonable efforts to avoid or mitigate the effect of the force majeure event.

11.2      If a force majeure event continues for more than 30 days either Party may give notice to the other to terminate this Contract. However, the payment obligations till such date shall continue to survive.

 

12.       Assignment and subcontracting

12.1      Neither Party shall assign any of its interests in this Contract without the other’s prior written consent.

12.2     The Seller shall not subcontract any of its obligations to any third party without the  prior written consent of the Company.

 

13.       Relationship of the parties

13.1     Nothing in this Contract shall constitute, or be deemed to constitute, a partnership between the Parties, nor, except as expressly provided, shall either Party
constitute,    or be deemed to constitute, the agent of the other for any purpose.

13.2      The commission based fees will be charged for every transaction in the store.

13.3    The seller will not accept orders from those consumers whose orders were once assigned by the connoisseur to the seller. In case the same consumer contacts the seller
directly in future for other orders , the seller is obliged to revert them to the connoisseur with an explanation to the consumer about the collaboration agreement with the firm.

 

14.       Notices

             Any notice or communication required or permitted to be given under this Contract or in connection with the matters contemplated hereunder shall, except where
otherwise specifically provided, be in writing in the English language. Notice to be sent only by registered post.

15.       Amendments and additions

No amendment or addition to the present Contract shall be valid without written agreement by both Parties. In the event any transaction contemplated under this agreement becomes difficult to perform/restrictions imposed, such transaction shall not be consummated.

 

16.       Law and jurisdiction

The Parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences between them arising out or relating to this Contract.

If the dispute is not resolved by direct negotiation, it will be finally settled by legal proceedings and in accordance with the law of India, unless the Company as plaintiff wishes to pursue legal proceedings within the jurisdiction of the other Party’s registered office.