LOGISTICS SERVICE TERMS AND CONDITIONS
The website [My Chitti.net] and the mobile application (collectively, "My Chitti online Shopping"), is an online platform operated and managed by My Chitti Retail Limited ("My Chitti"), which facilitates the sale and purchase of certain categories of products and services between persons selling the same ("Seller" or "you") and third party end customers entering into transactions with the Sellers ("Customer(s)"), including without limitation, food items, personal care items, baby care products, beverages and home care products, and provides advertising, payment, and analytics services to Sellers.
My Chitti provides logistics services ("Logistic(s) Services") via a third party logistics service provider ("Logistic(s) Partner") for sale of your products on My Chitti online Shopping.
TERMS OF LOGISTICS SERVICES
1.You shall utilize the Logistics Services through Logistic Partners for the delivery of products you wish to sell.
1.1. Logistics Services are limited to pick-up and drop of the Delivery Item (defined below) from your premises to the premises of the Customer, and reverse pick-up of your Products from the premises of the Customer to your premises. The Logistics Partner will only provide the Logistics Service(s) in the city of your operation and does not provide shipping services outside the city.
1.2. You will ensure that all the products handed over to the Logistic Partner are suitable for shipment, i.e. the products should match with the order placed by the Customer on My Chitti online Shopping (in terms of brand, nature of product, quantities and such other specifications), should be properly labeled, should be packed as per shared guidelines to make it transport worthy, and should not be defective, damaged, opened and/or used before.
1.3. The Logistic Partner may return or dispose of any shipment that it determines in its sole discretion to create a safety, health or liability risk to the Logistic Partner, its personnel or any third party and for this limited purpose, the title to each such disposed shipment will stand transferred to the Logistic Partner to enable to the Logistic Partner to dispose of the shipment. In addition, you will compensate the Logistic Partner for any damages incurred, including any expenses the Logistic Partner incurs in connection with any unsuitable shipments.
1.4. You will pay My Chitti a shipping fee ("Shipping Fee") as applicable, for delivery of your products. Please note that the Shipping Fee will be calculated on the weight of the shipment provided by you to My Chitti and the weight of the shipment determined by the Logistic Partner, whichever is higher. It is clarified that the Fee will be determined as the higher of the volumetric weight and standard weight. Estimated shipping fee can be accessed on your seller portal dashboard under the bill plan tab.
1.5. In case the shipment has to be rerouted, redirected or returned for any reason whatsoever, you shall pay to My Chitti all charges levied by the Logistic Partner for such rerouting, redirection or return in accordance with the rates notified to you, including all state and local taxes and duties and other charges applicable thereon.
1.6. Upon the successful placing of order on My Chitti online Shopping, the Logistic Partner will collect the shipment from your designated address and will deliver the same to the Customer. The Logistic Partner may create a unique tracking identity number for such an order, which will enable you and / or the Customer to track the status of delivery of items being delivered ("Delivery Item"). Such tracking identity number may be used on My Chitti online Shopping and / or the website and / or the mobile application of the relevant Logistic Partner to check the status of the Delivery Item. Please note that My Chitti does not guarantee the accuracy of the tracking status and, among other things, the same will be subject to inconsistencies arising out of time-lags in updating the information and other technicalities.
1.7. Any liability arising due to delays, internal damages, or loss of Delivery Items shall be as per the Reimbursement Policy.
1.8. Logistics Partner may only be held liable for external damages, i.e. damages inflicted on the packaging of the shipment during transit. Any reimbursement pursuant to the same, will be governed under the Reimbursement Policy.
1.9. Title and risk of loss for your products remains with you till the successful delivery of the product to the Customer. My Chitti or the Logistics Provider shall at no time assume the title and risk of loss of any products, and you acknowledge that the products are merely in the custody of the Logistics Provider for the purposes of delivery. In case of any damage, pilferage, loss, theft of the products due to mis-handling by the Logistic Partner, reimbursements will be governed by the Reimbursement Policy. However, if it is found that the loss, or damage was on account of poor packaging or handling by you, you will not be entitled to any reimbursement as per the terms and conditions of the Reimbursement Policy.
1.10. While in an event of delay in delivery of a Delivery Item, My Chitti will make a reasonable attempt to intimate you on your registered email account, mobile number and / or your account on My Chitti online Shopping. Further, My Chitti disclaims all liabilities that may arise on account of its failure to intimate you, or anticipated delays in the delivery of the Product(s).
1.11. The pick-up fee for returns and exchange of Delivery Items ("Reverse Logistics Fee") will be borne by you if the Delivery Item(s) is damaged or if the Delivery Item(s) is returned/exchanged by the Customer for reasons solely attributable to you. Please refer to the bill plan available at the seller portal dashboard for the applicable Reverse Logistics Fee.
2. DISCLAIMER OF WARRANTIES
2.1. My Chitti shall not be liable for any delays or cancellations or unavailability of the Logistics Services.
2.2. My Chitti does not undertake any warranty with respect to the behavior, act or omissions, competence, of the Logistic Partners? delivery executives or employees. It is clarified that the acts and omissions of Logistic Partners? Delivery executives or employees are beyond My Chitti?s control and any issue arising between any delivery executive or employee of the Logistic Partners will have to be resolved by you, independently.
2.3. The Logistics Services included on or otherwise made available are provided on an "as is" and "as available" basis without any representations or warranties, express or implied, except if otherwise specified in writing. In addition, My Chitti does not covenant or warrant that:
2.4. The Logistics Services will be made available at all times. or
2.5. The delivery of Delivery Items shall be made without any delay or deficiency.
3. GENERAL TERMS
3.1. Prior to delivery/pick up of your products for shipment, you will ensure that: (a) all product(s) are properly packaged in accordance with applicable laws and the packaging guidelines, if any, (b) all product(s) are packaged for protection against damage and deterioration during shipment. and (c) all necessary documents required in connection with the shipment of the product(s) including invoices and/or government regulatory documents (if any) have also been provided.
3.2. To ensure timely deliveries to Customers of My Chitti online Shopping, you will ensure that the products listed by you on My Chitti online Shopping are in your inventory and can be immediately shipped/ provided for shipment. Upon the successful placing of an order on My Chitti online Shopping, you will ensure that the products are ready for shipment and are promptly shipped/ handed over to your Logistic Partner (if availing the Logistics Services), as the case may be, promptly in order to ensure that the products are delivered within the delivery timelines notified to the customer on My Chitti online Shopping.
3.3. You will be solely Responsible for clearing any shipments held up at any check-posts or seized by tax or other authorities as a result of non-compliance of any applicable law(s).
3.4. While My Chitti strives to protect your information, My Chitti cannot ensure or warrant the security of any of the Sellers? or Customers? information. You are advised to exercise discretion upon use of My Chitti online Shopping. Further, My Chitti shall be under no obligation to compensate you and / or the Customers for any mental agony or any tortious claim that may otherwise arise on account of a delay in the shipment and delivery of the Delivery Items/products.
3.5. The Seller will comply with any delivery instructions from the manufacturer, distributor and/or licensor of a product, if any.
3.6. The delivery to the Customers will also be subject to the delivery policy formulated by My Chitti from time to time.
4. INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Chitti, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of My Chitti online Shopping or the Services, information shared by you, on My Chitti online Shopping, violation of these Logistics Terms, or infringement of any intellectual property or other rights of My Chitti or any third-party. My Chitti will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide My Chitti with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Logistics Terms and / or your use of the Logistics Services and / or My Chitti online Shopping.
5. LIMITATION OF LIABILITY
5.1. To the fullest extent permitted by law, in no event shall My Chitti or any of its directors, officers, employees, agents or content or service providers (collectively, the "My Chitti Representatives") be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, My Chitti online Shopping or the content, materials and functions related thereto, the Logistics Services, the Delivery Items, product(s) ordered on My Chitti online Shopping, provision of information via My Chitti online Shopping, or lost business, even if My Chitti or such My Chitti Representatives have been advised of the possibility of such damages.
5.2. In no event shall My Chitti or My Chitti Representatives be liable for:
(a) the use or inability to use My Chitti online Shopping and / or the Logistics Services.
(b) non-delivery of the Delivery Items/product(s) sold on My Chitti online Shopping.
(c) any damage to or loss of Delivery Items. and/or
(d) any other matter relating to My Chitti online Shopping or the Logistics Terms.
5.3 By using My Chitti online Shopping, you agree and acknowledge that My Chitti is neither liable nor responsible for any actions or inactions of the Logistic Partners or other users of My Chitti online Shopping or any breach of conditions, representations or warranties by them. My Chitti is not obligated to mediate or resolve any dispute between you, the Logistic Partners and / or other users of My Chitti online Shopping.
5.4 None of the directors, officials or employees of My Chitti shall be personally liable for any action in connection with My Chitti online Shopping.
6. GOVERNING LAW AND DISPUTE RESOLUTION
These Logistics Terms shall be governed by and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to handle matters arising out of or in connection with these Logistics Terms.
7. GRIEVANCE REDRESSAL
In case you have any queries or concerns with respect to these Logistics Terms, or any issues relating to your rights as a Seller, please feel free to reach us at [grievanceofficer@My Chitti.net].
8. AMENDMENT
My Chitti shall have the right, at its sole discretion, to change, modify, add, or remove portions of these Logistics Terms at any time. My Chitti will take reasonable steps to, but shall not be obligated to, notify in case of any changes or updates to these Logistics Terms that materially impact your use of My Chitti online Shopping. Your continued use of My Chitti online Shopping, following the changes or updates shall mean that you have accepted and agreed to the revisions.
FEE SCHEDULE
The Platform fee and Penalty is calculated on the transaction value. Transaction value equals to the product price plus gift-wrapping charges plus any other charge levied by the seller to the customer plus taxes applicable
SHIPPING TIME
Product will be shipped within 10 to 15 working days
