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I accept the Terms and Conditions
(i) " Buyer " shall mean a user of the Website who places an Order on the Seller listed on the Website for products or services.
(ii) " Order " shall mean a binding purchase order placed by a Buyer on the Seller through for supply of products or services.
(iii) "Website" means 'www.amazings.in' and instances of the same
(iv) "Seller Panel" means a uniform resource locator (" URL ") provided by Amazings.in to Seller with a unique login and password
to update the order status, price and inventory on the same.
2. Amazings.in reserves the right to select the products to be displayed on its Website. Amazings.in also reserves the right to
determine the Sellers who may sell on the Website.
3. Amazings.in shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that
provides an access to Website, marketing and distribution channel to the Seller. In the event payments are collected by
Amazings.in on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an
agent of the Seller with the sole intent of facilitating the transactions of the Seller.
4. Amazings.in shall provide the necessary backend infrastructure, like call centre, order management system, etc., for capturing
the Buyer/order details placed on the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging and
dispatch of product to the end Buyers. Amazings.in will separately inform the Seller regarding the modalities involved to access
the Orders of Buyers, by way of direct access through a " Seller Panel " and packaging guidelines shall be shared through email.
Seller shall provide content & images of its products to be displayed at Website. Seller will update the dispatch details on
the Seller Panel provided by Amazings.in or any other mode as may be notified by Amazings.in from time to time.
5. On receipt of the Order, Seller will make the products ready for dispatch along with corresponding invoices in favour of buyer
within 2 (two) working days. In case of delay, Amazings.in will be immediately informed by Seller, along with the expected time of
dispatch, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch Buyer
within the period as stipulated above, Amazings.in Swill be nonetheless be entitled to the marketing fee on the product as agreed
to in this Agreement. However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any
guidelines given by Amazings.in from time to time. Seller also undertakes that it shall not promote its products, services, offers,
packages, etc to the Buyer directly, indirectly and /or through email, sms or any other electronic or physical mode.
6. The Seller agrees and acknowledges that it will pay the marketing fees, courier fees and payment collection fees as
mentioned in standard format attached herewith in Annexure-1 for all the orders received through Amazings.in
7. Seller shall quote best, lowest and competitive prices (inclusive of all applicable taxes) of the products to be displayed on the
Website, Seller will be responsible for payment of all applicable sales tax/VAT. Seller authorizes Amazings.in in the capacity of
marketing agent to discover and display the market price payable by the Buyer, basis the competitive pricing prevalent in the
market Seller shall be communicated of the market price and shall abide by that price as may be discovered or displayed by
the Amazings.in from time to time. However, Seller will have full right to withdraw the products from Website, if it dissents with
price discovered by Amazings.in and has notified the same to Amazings.in . All such withdrawals will take effect within 12- 24 hours
from notification to the Amazings.in . Amazings.in further reserves the right to run promotions offering several benefits/discounts to
the Buyer on the Website.
8. Amazings.in shall release the payment on the following basis, i.e., the products delivered during the period from 1 st to 7 th , 8 th to 15 th ,
16 th to 23 rd of every month and from 24 th to end of the month . Amazings.in shall make the payment by way of account payeecheque /RTGS/ NEFT
on 20 th , 25 th of same month, and 3 rd & 11 th of the next month, respectively after deducting , Amazings.in
fee as per Annexure-1 .
LOGISTICS AND CONSUMER RIGHTS:
9.The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer,
until which the ownership in the product shall be with Seller only. As a large market place, Amazings.in will extend its services to
Sellers by giving mandates to logistic partner for facilitating the smooth functioning of the transaction between the Seller and
Buyer. Any damage in transit on account of inadequate/unsuitable packaging will be to the account of Seller. However, any
damage to the product in transit due to mishandling by the logistic partner, Amazings.in will facilitate the recovery from logistic
partner. All orders placed on Website are covered under "TrustPay 100% Moneyback Guarantee" programme; hereby Seller
agrees to fulfill the commitments made under the abovementioned programme specified at the Website at URL
http://www. AMAZINGS .com/info/TrustPay . The said programme protects Buyer against inadequate or non-performance by
10. The Seller hereby agrees to accept all sales return COD (Cash on Delivery) or Non COD (Non- Cash on Delivery), which are
refused/not accepted by the Buyer at the time of delivery.
11. Seller will offer standard manufacturers or seller warranty actually associated with the products. However, the Parties agree
that repair, replacement or 100% (one hundred percent) refund of money will be given to the Buyer against manufacturing
defect or damage, Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the Buyer with the product at
the time of dispatch of the products, if applicable. The Parties also agree and acknowledge that the primary and sole
responsibility for redressal of Buyer complaints will rest solely with the Seller at all times.
INTELLECTUAL PROPERTY RIGHTS:
12. Seller recognizes and confirms that Amazings.in has the exclusive right to supervise, allow and reject the contents of the
Website. Amazings.in shall not be liable for contents and images shared, uploaded or displayed on website by Seller regarding
its products and all consequent liability will be borne by Seller only.
13. Seller hereby grants to Amazings.in the right to display/delist the product (as updated or to be updated by the Seller on the Seller
panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for
marketing/selling through the Website . Seller represents that it has the necessary rights to grant such permission to , Amazings.in
and agrees to indemnify Amazings.in in respect of any claims, damages, losses etc., arising out of or in connection with violation
of the same.
14. Except as agreed to by the Parties, the data of Buyers will be the exclusive property of , Amazings.in , and Seller will not use for
its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at
all times Confidential information would include but not be limited to Buyer details, market information, all work products and
documents related thereto, the contents of Amazings.in 's website " www.amazings.in " or any other information which is treated
as confidential by Amazings.in , and any other information received or to be received by Seller which is agreed to be treated
under the same terms. The Seller also undertakes to fully indemnify Amazings.in against the breach of this clause.
REPRESENTATION AND WARRANTIES:
15. Seller shall, at all times and to the complete satisfaction of Amazings.in and without demur indemnify and hold Amazings.in
harmless for any and all claims, demands, lawful action suits or proceedings, liabilities, losses, costs, expenses (including
legal fees) or damages asserted against Amazings.in by the Buyer or any third party arising out of Seller's actions or omissions
in connection with the sale of Seller's products and their performance during the period of this arrangement and for the
products sold, even after the termination of this arrangement. Seller represents and warrants that it is a legal entity engaged in
a legitimate and lawful commercial enterprise & activity, having all regulatory approvals required to run the similar business
and doing regular compliances with applicable provisions of laws.
16. Seller hereby declares & confirms that it deals in original, legitimate and genuine quality products which are either self manufactured
and/or procured from the legitimate channel following all legal requirements. Seller further declares that it shall not violate the intellectual property rights of any third party and for any breach or violation of such intellectual rights, it shall be
solely responsible. The Declaration of Seller is annexed herewith as Annexure-2.
17 . If any dispute arises between the Parties hereto during the subsistence of this agreement or thereafter, in connection with or
arising out of this agreement, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996,
by a panel of 3 (three ) arbitrators . Each Party will appoint 1 (one) arbitrator and the 2 (two) arbitrators so appointed will appoint the third or the presiding arbitrator . Arbitration shall be held at JODHPUR RAJ., India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
18. This agreement may be terminated by Amazings.in or the Seller by giving 30 (thirty) days' notice in writing. Provided, in the event of a material breach of the terms of this Agreement, Amazings.in may terminate this Agreement at any time.
ALL DISPUTE SHALL BE REFERRED IN COURT AT JODHPUR UNDER INDIAN LAW
19. Both parties agree for followings:-
(i) Assignment: This Agreement and the rights granted under it may not be assigned or transferred by either
Party without the written consent of the other Party.
(ii) Notices: All notices, requests and demands, and other communications required or permitted under this
Agreement shall be in writing and either delivered personally or sent to the official address of the Party
through recognized courier service or e-mail. Party may change its address by delivering notice of such
change of address to the other Party.
(iii) Severability: In the event that any provision of this Agreement is held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent
necessary to render the provision enforceable in a manner that most closely represents the original intent of
the Parties. In such event, the remaining terms and conditions of this Agreement will remain in full force and
effect and enforceable.