Terms & Conditions - For Sellers
- Commission structure with galleries & other businesses: 18% + GST + Payment gateway fee
- Commission structure with the individual artist: 30% all-inclusive
- Price of items set by sellers
- Prices should be inclusive of everything (shipping cost India, profit, commission , taxes etc)
- Client invoice issued directly by sellers.
- The connoisseur will issue invoice to seller regarding the commision percentage deducted. This invoice can be used by seller for input tax credit.
- Items directly shipped from seller to clients
- Settlement Amount = Seller Item Price – Marketplace fee
- ‘Marketplace fee’ = ( Commission fee + Payment Gateway fee ) + 18% of GST
Complete terms (read carefully):
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.
2.1 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.
3.1 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.
6.1 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.
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
9. Dispute or Claims
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),
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
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.
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.
Description, Product price, Specification (Clause 1 & 3)
As sent by the artist to the Connoisseur and agreed on a communication channel
The Connoisseur Fees structure & profit calculator:
‘Marketplace fee’ = ( Commission fee + Payment Gateway fee ) + 18% of GST
Settlement Amount = Seller Item Price – Marketplace fee
The settlement amount will be paid to the seller as per the Payment Clause 7 taxes & all other charges
• Commission fee = 18 % of the Artist artwork price (discounts, offers etc not to be considered)
• Payment Gateway fee = 2.5% of transaction amount (if paid online through the website)
Seller Item Price of Product (includes shipping, taxes & all other charges ) : Rs 1,00,000
§ The Connoisseur commission fee (18% ) = Rs 18,000
§ The Connoisseur Payment Gateway fee (2.5%) = Rs 2500
§ (Commission fee + Payment Gateway Fee) = Rs 20,500
§ Hence 18% GST : Rs 3690
Marketplace Fee = (Commission fee + Payment Gateway fee) + 18% of GST Marketplace fee = (Rs 18000 + Rs 2500) + Rs 3690 = Rs 24,190
Settlement Amount = Seller Item Price – Marketplace fee Settlement Amount = Rs 1,00,000 – Rs 32,922 = Rs 75810
The Seller makes : Rs 75,810