Seller Terms

1. Acceptance of terms

1.1 These provisions set out the terms and conditions (“terms”) on which you (the “seller,” “your”) may become a member of the Gimaart website (“site”) to sell products, on which must not be prohibited products (as defined in schedule 2) (“products”), to customers of the site (“customers”). 1.2 Your use of the site is governed by these terms, the Gimaart terms of website use, and the Gimaart privacy policy, together with any other documents referred to in these terms. Please take the time to read these documents, as they include important terms that apply to you.

2. About us

2.1 We are Gimaart Global. We own and operate this website (the “site”). West Bengal Municipal Act, 1993, and I.D. No. 0000 And our registered office address is
6B, Bentink Street, Kolkata 700001, West Bengal, India. Please contact us if you have any questions or feedback about this privacy and cookies policy (“policy”) via our contact us page.

3. Overview of roles

3.1 Gimaart allows sellers to list and sell their products on the site, contracting on the standard set of Gimaart customer terms. Please note that although
Gimaart provides the marketplace to help facilitate transactions, which are carried out through the site, Gimaart Global s neither a buyer nor a seller of the products.

3.2 Where a customer orders a product through the site, the contract is formed solely between the seller and the customer at the completion of the sale (contract). A
contract will comprise the Gimaart customer terms (and any other documents referred to therein), the email confirmation of the customer’s order, and the information on the seller’s shop (“seller’s shop”). Gimaart is not a party to that contract, is not liable for the contract or any claim or dispute arising out of or in connection with it, nor is Gimaart Global acting as the seller’s agent.

3.3 The terms (and the documents referred to in them) may be updated from time to time, and the seller is to be given written notice of such updates. These terms were most recently updated on January 26, 2026

3.4 Seller details are displayed on the site in the seller’s shop (linked to from the product pages).

4. Process

4.1 During the registration process the seller will be asked to select a country of registration. This country must be on the featured list of supported countries, and the seller must be able to set up a business account in the chosen country.

4.2 Sellers selecting a country outside of the supported countries offered by our payment service provider will be warned with a “country warning” that they should only continue with registration if they have secured services. Please note that if a seller completes the application process—including payment for the monthly subscription fee (as defined in clause 6)—and continues past the country warning, Gimaart will not be liable for a refund of the monthly subscription fee.

4.3 Once the seller has successfully completed the application process and your monthly subscription fee (as defined in clause 6) has been received, the seller will be given their own dedicated area of access called the seller control panel (“SCP”). There the seller can upload, update, and review detailed listing information (as defined below) for its products (photos, text, shipping methods, etc.). Orders will be logged into the SCP. From here, the seller will be able to manage customer orders, view and manage disputes (as defined in clause 7.6.1), view and print sales history between the seller and Gimaart Global, update and manage stock levels, view performance reports, manage their subscription, and handle customer feedback. All financials will be stored in the SCP, and all communication with the customers and the Gimaart team will be made through the SCP.

4.4 The seller will then be able to either create a new listing (as defined at 7.1.6) or use an existing listing to list their products.

4.5 If another seller is already using a listing and you wish to update the details for that product listed on that listing, you can submit a request to change the listing; however, this will not automatically update on the site without Gimaart accepting the changes. A listing can only be edited without Gimaart accepting the changes, in a limited capacity, if you are the only seller currently using that listing and/or no other seller is currently using that listing.

4.6 Should Gimaart choose to restrict the seller’s access to the SCP for reasons set out in these terms, the seller will only have access that enables them to view and manage current orders, view invoices between the seller and Gimaart Global, mark orders as dispatched, and handle customer feedback (“restricted access”). Whilst a seller has restricted access, its listings will not be visible to customers, and customers will not be able to place orders with the seller.

4.7 Once payment is made by a customer, the funds will be paid straight to the seller’s payment account, minus the sales fee in accordance with the process set out under clause 6.2.

4.8 Gimaart will provide the seller with a GST invoice monthly for each monthly subscription fee (as defined at 6.1.1) and bimonthly for product sales fees (as defined at clause 6.2).

5. Commencement and Duration

5.1 The seller’s membership will commence on the later of.

5.1.1 The seller having confirmed their acceptance of these terms.

5.1.2 The date on which we have approved the seller’s application, received the first monthly subscription fee, and granted the seller access to the SCP (“commencement date”).

6. Membership and Charges

6.1 Monthly subscription fee:

6.1.1 Every seller is required to pay a subscription fee for each calendar month that they are a member of the site (“monthly subscription fee”). This fee is based on a monthly rolling contract, and there is no minimum commitment. For the avoidance of doubt, references to “monthly” in these terms shall refer to calendar months.

6.1.2 The monthly subscription fee is a non-refundable fee that will be processed online by recurring payments made in advance starting on the commencement date and then monthly thereafter (“due date”) unless the seller serves 1 month’s written notice through the SCP to terminate these terms under clause 9.

6.1.3 Where the first monthly subscription fee is taken on the 28th, 29th, 30th, or 31st of a month, the subsequent due dates will be as close to the original payment dates as possible and no later than the date on which the first monthly subscription fee was taken. The monthly subscription fee is subject to GST (where applicable).

6.1.4 There are two different monthly subscription fee options, detailed in schedule 1, and they may be increased from time to time by Gimaart Global, which includes our standard seller subscription fee and a partner seller subscription fee.

6.1.4.1 The partner seller subscription fee includes additional services and marketing. Activities/routes as advertised on the site. Sellers who choose to sign up with the partner. Seller subscription fees are their monthly subscription fee and will be known as “partner sellers.”

6.1.4.2 Please note that the additional services and marketing activities/routes detailed on the site are examples only and should be treated as such. The seller acknowledges and accepts that not all services or marketing activities/routes mentioned in the site may be available to all sellers.

6.1.4.3 All partner sellers will have access to Gimaart Global’s priority support team, who will support them with questions and advice relating to selling on Gimaart.com

6.2 Sales fee:

6.2.1 When a sale is made for a seller’s listing, the sales fee is payable by the seller and is made up of two parts:

6.2.1 The first is calculated as a percentage of the product sales price, and

6.2.1 The second is a percentage of the shipping costs associated with that order calculated at the flat rate set out in Schedule 1 (together the “product sales fee”).

7. Seller commitments and order processing

7.1 In signing up to these terms, the seller commits to:

7.1.1 Sell products in accordance with the Gimaart Global. The Gimaart customer terms and comply with the Gimaart global customer terms in all material respects.

7.1.2 Supply only products that can be delivered to the customer within the timeframes stated in the Gimaart in clause.

7.4.4.1 For the purposes of these terms, a “working day” means any day that is not a Saturday, Sunday, or holiday in India.

7.1.3 Be solely responsible and bear all risk and liability for sourcing, storing, selling, and delivering the products to the customers using reasonable skill and care, India.care.

7.1.4 Ensure that the seller’s company name, company number, registered office and care, and, where applicable, trading address and GST registration number are clearly displayed on the seller’s shop and updated, as necessary, as soon as practicable. This shall include updating the details of the seller’s GST registration number. Should the seller no longer hold a GST registration number, it shall remove this from the seller shop. The seller acknowledges that Gimaart Global GST shall have no liability in relation to the seller’s GST registration details or any other details that it is obliged to display and keep updated under this clause 7GST clause. 1.4.

7.1.5 Indemnify Gimaart Global clause against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Gimaart arising out of or in connection with any claims related to a breach of clause 7.1.4.

7.1.6 Take responsibility for the accuracy and detail of all product information (including product descriptions, images, measurements, condition, and any other supplementary information about the products) as well as the price at which the products are sold (“product sale price”) along with stock value (the total amount of stock that the seller has available for Gimaart customers to purchase) and the seller’s SKU (stock keeping unit) of the product, ensuring that this information is detailed in a listing on the SCP (“listing”). You agree that you are responsible for the accuracy of the information provided in a listing, whether you are creating the listing or using an existing listing.

7.1.7 Indemnify Gimaart listing against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Gimaart Global arising out of or in connection with any claims related to inaccurate, incorrect, or otherwise misleading descriptions of the products sold on the site.

7.1.8 Ensure that it does not misrepresent the origin of the products through any description made of the products via the SCP site. SCP, whether contained in a listing or otherwise, or SCP, otherwise.

7.1.9 Ensure that all postage costs and additional postage costs displayed through the site are otherwise.

7.1.10 Ensure the quality of all products is high and accurate.

7.1.11 Ensure the photographic quality of the products is high and have a white background color where possible. possible—we recommend using professional photographs or our photographer’s team. Possible—we do recommend using our team, but this isn’t essential.

7.1.12 Ensure that the seller updates the SCP essential. SCP with all periods of holiday (“seller’s holiday period,” SCP period).

7.1.13 Ensure the seller responds to order inquiries”. Inquiries with Gimaart or customers in a timely manner (immediately if possible, at least within 1 working day) unless made during the seller’s holiday period, the Global period.

7.1.14 Ensure that they keep up to date with the school period. SCP on a daily basis, tracking orders, updating dispatches and orders, and responding promptly to customers requesting a return or raising a dispute unless made during the seller’s holiday period, the SCP period.

7.1.15 Ensure stock levels are accurate (and available), period.

7.1.16 Remove product listings that are awaiting stock for prolonged periods (of two weeks or more) from the seller’s SCP available. SCP area until they become available. SCP available.

7.1.17 Prepare a suitable invoice for each order and ensure that this is sent to the customer when requested.

7.1.18 Ensure that where a product should not be sold to customers under a certain age, the minimum age for that product is correctly entered into the SCP (where applicable).

7.1.19 Indemnify Gimaart against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Gimaart Global arising out of or in connection with any claims related to a breach of clause 7.1.18.

7.1.20 Refrain from selling any prohibited products (as detailed in schedule 2).

7.1.21 Refrain from uploading offensive or nude images or material or otherwise breaching Gimaart’s terms of website use policy.

7.1.22 Indemnify Gimaart against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses) suffered or incurred by Gimaart arising out of or in connection with any claims related to a breach of clauses 7.1.20 or 7.1.21.

7.1.23 Refrain from using the site as an advertising portal, other than in listing the products that you are selling and permitted to sell under these terms.

7.1.24 Ensure all issues with regard to terms. Regards to the site are communicated to Gimaart regarding Global via the email address sellersupport@gimaart.com.

7.1.25 Ensure the SCP seller support is at gimaart.com. SCP is used for all communication with all customers, SCP customers.

7.1.26 Not encourage direct communication with the customer, through customers. customer through the use of their own email address, only the SCP, customer through SCP.

7.1.27 Not selling DiSC directly to customers (cutting out Gimaart), selling globally.

7.1.28 Comply with all relevant legislation (global legislation), including the provisions of the Information Technology Act, 2000 legislation, and all consumer legislation; and

7.1.29 Be responsible for the collection and payment of all taxes due, including GST2000, GST (if applicable to the seller), and GSTseller.

7.1.30 Refrain from selling products that infringe the intellectual property or proprietary rights of a third party.

7.2 Promotion of the seller’s own website:

7.2.1 The seller may not include a link to, or otherwise provide the address of, or promote its (or any third party’s) website on the SCP (seller). SCP, any product or listing on the site, in orders shipped that were placed by the customer on Gimaart Global, SCP, or Global, or in any other means of communication with the customer.

7.2.2 The seller may not include its email address anywhere on the Gimaart’s site, SCP, Global, SCP, product, or listing or in any other means of communication with the customer.

7.2.3 The seller may not bid on Gimaart Global’s ‘SCP Global’ name or variations of the Gimaart brand or domain name or brand name on Google or any other search engines or any paid search sites.

7.2.4 The seller acknowledges and accepts that ‘GimaartGoogleGimaart” is a trademark of 3rdgen media. trademark of 3rd Gen Media.

7.2.5 The seller may not send promotional emails or catalogs or other promotional material to customers introduced to the seller by Gimaart Global, other than those that are branded solely as from Gimaart Global or to discuss an order placed on the Gimaart Global site.

7.3 Security:

7.3. The seller must maintain a computer and internet connection at its own cost and ensure it is virus-free. a computer-free.

7.3.2 The seller must ensure their username and password logins are kept safe and not accessed by any other party. If these details are lost, they must contact Gimaart global, immediately via the website for new passwords.

7.4 Pricing and order processing information:

7.4 Product sale prices should be inclusive of any applicable GST (Global GST) and will be deemed to be so (if applicable to the seller, and such applicability is to be solely determined by the seller and not the responsibility of Gimaart Global).

7.4.2 The seller acknowledges and accepts that:

7.4.2.1 It will comply with clause 12.5 of the customer terms in relation to incorrectly Priced products.

7.4.2.2 Where the seller has updated the price of a product or products, the updated price may take up to 2 hours to display on the site, and

7.4.2.3 Where packaging and postage costs were not correctly inputted into the SCP (Global), the seller has no right to pursue the customer for additional payments once the customer has submitted their order.

7.4.2.4 Gimaart may discount products for the purposes of the Gimaart Deals Global Deals platform. Any pricing changes actioned by Gimaart Deals Global will not be deducted from your payments.

7.4.3 Sale prices can be added to the site using the scp.GlobalSCP.

7.4.4 SCP.7.4.4 Once the seller has received an order through the SCP, 7.4.4 SCP, the seller SCP:

7.4.4.1 Is obliged to fulfill and dispatch the customer order as soon as reasonably practicable and for receipt within the following timeframes (“timeframes”), which run from the point the seller’s handling time (“handling time”) expires or, if no handling time is set, the point the order is submitted by the customer through the site.

7.4.4.2 Orders must be dispatched within the seller’s handling time, which can be set in the SCP (“timeframes”) for a maximum of 3 (three) working days.

7.4.4.3 Priority orders must be dispatched on the same working day if ordered before the priority cut-off time for SCP Time is in the SCP. Time is SCP.

7.4.4.4 SCP. 7.4.4.4 Must notify the customer promptly through the SCP 7.4.4.4 at each of the following stages:
Ø Dispatch of order; and Ø Any inquiries relating to the order, which will be dealt with through the SCP.

7.4.5 The seller acknowledges and agrees that Gimaart reserves the right to refund the customer’s payment for an order if the seller doesn’t meet the timeframes for handling that order as detailed above, or if the customer raises a dispute relating to delay, and Gimaart resolves the matter directly with the seller.

7.4.6 The seller only accepts a customer order on dispatching the product. For the avoidance of doubt, the debiting of a payment card shall not constitute acceptance of an order. Where a product is not marked as dispatched within 7 days of the order being made, Gimaart global will treat the order as not having been accepted.

7.4.7 Where a seller has not accepted an order as described in 7.4.6 or where the seller has rejected an order, Gimaart Global shall be entitled to refund the customer’s payment for that order.

7.4.8 The seller must include with all orders the appropriate invoice (if requested by the customer), a global customer, and any such additional documentation as may be provided by Gimaart, the customer, and Global, and

7.4.9 The seller must not include any other materials (other than packaging) with the package or order delivered to the customer that are likely to have a commercially detrimental effect on Gimaart Global, the site, or the Gimaart Global, brand.

7.5 Delivery/post and packing:

7.5.1 A range of shipping options will be available for the seller to choose to display on Global in the seller’s SCP area. The seller will be responsible for selecting which options shall apply. The seller may choose to offer any appropriate option for the seller’s products and may choose from free shipping, flat-rate SCP shipping, weight-based shipping, or multiple shipping costs where multiple products have been ordered within the same order.

7.5.2 If additional packaging and postage costs apply to the seller’s products, where, for example, where the Products are an example. If products are heavy, fragile, or bulky, or if products are precious or perishable, the seller is responsible for ensuring that these costs are included in their listing in the product sale price.

7.5.3 The seller must ensure that they select the shipping options from the SCP that apply to their product, and once an order is made, they must ensure they send it according to the postage/shipping method selected by the customer, or better. The seller is responsible for the shipping and liable for any losses in the post, including any non-delivery, misdelivery, theft, or other error or mistake in connection with products ordered through the site.

7.5.4 The seller must ensure that the product is wrapped in a professional manner suitable for the product and must ensure that a printed version of the invoice for the customer is inserted into the wrapping. The wrapping must be appropriate for the product (bubble wrap to ensure that delicate items are wrapped, etc.).

7.5.5 The seller must ensure that all customs and import duties are to be paid. prepaid for products being delivered to addresses within prepaid India. The customer is not responsible for the customs and import duties: the price shown for products on the site (along with any applicable delivery charges) is the price the customer pays.

7.6 Returns and refunds:

7.6.1 Any requests for refunds or returns for any product(s) by a customer shall be dealt with directly between the seller and the customer through SCP India. SCP. The seller will receive an email notification about these requests through the SCP. SCP. SCP. The customer will raise a dispute (“dispute”) if the product is faulty, misdescribed, damaged, or not delivered. The customer will request a cancellation (“cancellation”) if they wish to exercise their rights under the Consumer Protection Act, 2019 (replacing the previous enactment of 1986). The customer can cancel an order up to 60 (sixty) minutes after the order was placed. Thereafter, a cancellation request will be sent to the seller for review. Orders will not be visible to the seller via the seller control panel until after the 60-minute Consumer Protection Act cancellation period is finished.

7.6.2 Subject to the provisions of clause 9 of the Gimaart global minute and the Gimaart customer terms, as available through the site from time to time, and this clause 7, the seller shall approve such refund through the Gimaart SCP and refund the customer promptly through the SCP. Promptly through SCP.

7.6.3 Where the seller triggers a refund through the SCP, SCP, SCP, the product sales price (and where applicable, the postage costs) paid in respect of the refunded product(s) will be returned to the customer.

7.6.4 The seller shall not issue refunds by check or other means.

7.6.5 The seller shall ensure that returns and refunds relating to orders shall be processed in accordance with the following terms and conditions. For the purposes of this clause, an SCP clause, a “cancellable product” shall mean a product that is capable of return and is not listed in clause 7.6.6.2:

7.6.5.1 By law, the customer may cancel, return, or obtain a refund in relation to the products ordered under the consumer contracts rules & regulations within 14 (fourteen) days of the delivery of the products; however, Gimaart requires sellers to offer a returns period of 30 (thirty) days. The customer will do this through their online account, and you will receive an email notification from the customer, Global customer.

7.6.5.2 However (unless such product is faulty), the cancellation right set out in clause 7.6.6.1 does not apply in the case of faulty products.

7.6.5.2.1 Personalized items that are specifically made to a customer’s specification (e.g., a custom-made print), except where the customer has chosen items from predetermined upgrade options or standard off-the-shelf components. For the avoidance of doubt, items with unopened or sealed hygiene seals may be cancelled or returned unless they are any of the following:

7.6.5.2.2 Personalized items,

7.6.5.2.3 Perishable items, including but not limited to food, drink, and fresh flowers,

7.6.5.2.4 Audio or video recordings or computer software that a customer has unsealed or opened,

7.6.5.2.5 Newspapers, periodicals, or magazines; and

7.6.5.2.6 Items that by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied (e.g., nylon, except for nylon tights)) (each a “non-cancellable product”).

7.6.5.3 tights (each) 7.6.5.3 If the customer requests a refund for a 7.6.5.3 cancellable product, then such refund shall be processed by the seller as soon as possible and in any case no later than 14 days from the date the seller received the instruction to cancel the cancellable product from the customer, provided the seller receives the product(s) back from the customer in the condition the customer received them/it in.

7.6.5.4 If the customer requires a refund because a product is faulty, damaged, or misdescribed, reasonable postage and packing costs (being Royal Mail’s standard postage cost) incurred by the customer in returning the product(s) to the seller must be refunded to the customer along with the full cost of the product.

7.6.5.5 Royal Mail’s 7.6.5.5 Ensure that when selling on Gimaart, 7.6.5.5 , a return address is clearly provided on the seller shop to which a customer may return a cancellable product. If a returnGlobal address cannot be provided, the seller must:
Ø Offer the customer a prepaid return label. Ø Offer the customer a refund without requesting the cancellable product label. be returned.

7.7 Payment:

7.7.1 Payments for products on the site shall be made directly by a customer to the seller through Gimaart l using a payment gateway. Transactions shall be recorded on the seller’s designated SCP. The seller must check the SCP daily for alerts of new orders.

7.7.2 Once the customer has submitted their order through the site, funds are taken from the customer and held by the payment gateway. the payment gateway until the order is marked as dispatched in the SCP gateway by the seller. Only once the order is marked as dispatched will the funds be released from GimaartSCPGlobal to the seller. During this process, the transaction within the seller’s account will show as “payment on hold by partner.”

7.7.3 The seller hereby appoints Gimaart global as its payment processing agent for the purposes of managing payments from customers and making any necessary refunds on your behalf in line with these terms.

7.7.4 In addition, Global shall notify the seller by email of orders awaiting dispatch in their SCP, GlobalSCP, but Gimaart global SCP, Global does not warrant the reliability of email communications.

7.7.5 Following receipt of such notification, the seller shall process each and every order with the customer in accordance with the timeframes, using the seller’s scpGlobalSCP access. Upon dispatch of each order, the seller shall further confirm this with the customer through SCP by clicking the “dispatch” button. This also signifies acceptance of the customer’s order.

7.7.6 Sometimes a customer may pay for products using discount codes (as defined in our discount code SCP codes terms) that we have issued to them through the site. However, this shall not affect your right to receive payment as set out in clause 7.7.5.

7.7.7 Gimaart, however, reserves the right to change the monthly subscription fees or the product sales fee upon providing the seller with 30 days’ written notice.

7.7.8 Gimaart will provide the seller with a GST invoice (“GST invoice”) on a monthly basis. The GST invoice will be prepared and provided to the seller during the subsequent month following the period for which the GST invoice relates, e.g. The GST invoice relating to the calendar month of February GST February will be prepared on the 1st of March (February/March), GST March, and the invoice relating to the calendar month of March will be prepared on the 1st of April.

8. Limitation of liability and indemnity

8.1 Nothing in these terms shall limit or exclude our liability:

8.1.1 For death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; or

8.1.2 Fraud or fraudulent misrepresentation.

8.2 Subject to clause 8.1: We shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract, or otherwise; and

8.2.2 Our total liability to you in respect of all other losses arising under or in connection with the sale of the products to the customers and these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount in monthly subscription fees that you have paid to us in the past 12 months; and

8.2.3 We shall not be liable to you in relation to the products. It is your responsibility to take out the relevant insurance necessary to cover the cost of the products you are supplying to customers in the event that they are lost or damaged in transit.

8.3 Except as set out in these terms, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

8.4 The seller shall indemnify and hold Gimaart harmless against all liabilities, claims, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses and all interest, penalties, taxes, duties, and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the seller’s use of the site.

8.5 From time to time, it will be necessary for Gimaart to perform site updates and carry out maintenance of the site. Although we will try to do this at times that are least likely to inconvenience our sellers and customers, and we will always try to notify sellers of any planned maintenance, we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the site or downtime of the site.

9. Termination

9.1 Without limiting our other rights or remedies, we may terminate these terms with immediate effect by giving written notice to you if:

9.1.1 You commit any continuing or material breach of any of the provisions of these terms and, in the case of such a breach that is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

9.1.2 An encumbrance takes possession, or a receiver (or similar office holder) is appointed over any of your property or assets;

9.1.3 You make any voluntary (or similar) arrangement with your creditors, an administrator is appointed, or you are subject to insolvency proceedings in any jurisdiction;

9.1.4 You go into liquidation (except for the purposes of an amalgamation, reconstruction, or other reorganization, and in such a manner that the company resulting from the reorganization effectively agrees to be bound by or to assume the obligations imposed on that other party under these terms);

9.1.5 You cease, or threaten to cease, to carry on business;

9.1.6 You fail to pay any amount due to us in connection with these terms, including the monthly subscription fees on the due date for payment;

9.1.7 You have at least 5% of your total product sales for the preceding month returned by customers in the subsequent month; or

9.2 Without limiting our other rights or remedies, we shall have the right, at our election, to:

9.2.1 Grant the seller only restricted access to the SCP; and/or

9.2.2 Terminate your access to the SCP by giving you 1 month’s written notice; and/or

9.2.3 Terminate these terms.

9.3 Without limiting your other rights or remedies, you shall have the right to terminate these terms by giving us 1 month’s written notice through the SCP, and the seller will not be held accountable for any costs that have been incurred.

9.4 Without limiting our other rights or remedies, we shall have the right to suspend your access or grant you only restricted access to the SCP if you breach any of the terms listed in clause 7.

10. Consequences of termination

On termination of these terms:

10.1 You shall immediately pay to us all of our outstanding monthly subscription fees, any other fees set out under clause 6, and any other amounts that are properly owed to us, together with any applicable GST.

10.2 You shall ensure that all orders placed before termination are fulfilled where your level of access to the SCP permits you to do so.

10.3 You shall return to us any property that belongs to us. Until such property has been returned, you shall be solely responsible for its safekeeping and will not use it for any purpose.

10.4 The accrued rights, remedies, obligations, and liabilities of the parties as at expiry or termination of these terms shall not be affected. This includes the right to claim damages in respect of any breach that existed at or before the date of termination or expiry.

10.5 All licenses granted under these terms will expire on termination.

10.6 Clauses that expressly or by implication have effect after termination shall continue in full force and effect, and

10.7 You acknowledge and accept that we reserve the right to pass your contact details to a customer where, on termination of these terms, there remain any disputes or issues that are unresolved between you and the customer.

11. Confidentiality

11.1 Gimaart will take all precautions to securely store all of the seller’s product and business information and will not share it with any third party, unless specific permission is granted by the seller.

11.2 The seller will not disclose any details of correspondence or operations (including the operations of the SCP and marketing plans) to any third parties.

11.3 The obligations of confidentiality under these terms shall remain in effect for 2 (two) years after the termination or expiry of these terms.

12 Intellectual property rights

12.1 The copyright, design rights, and all other intellectual property rights in the site (including those in any materials and other documents or items that we prepare or produce in connection with the site) will belong to us absolutely.

12.2 You may not use the materials, documents, or other items detailed in clause 12.1 above without Gimaart Global prior written consent.

12.3 You acknowledge and accept that the copyright, design rights, and all other intellectual property rights in a listing will belong to us absolutely or have been licensed to us. Listing a product against a listing does not grant you any intellectual property rights in that listing.

12.4 We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use each listing for the sole purpose of advertising the product(s) that you sell through the site.

13. Seller’s IPR warranty and indemnity

13.1 The seller warrants to Gimaart that it is the legal beneficial owner of all the IPR and/or possesses a valid license to use the IPR in the materials, which include the data, information (including seller information), photographs, logos, and images it provides or uploads to Gimaart, and the use of its IPR by Gimaart pursuant to these terms will not infringe IPR owned by any third party and that there is and will be no claim against Gimaart by any third party arising in relation to its IPR.

13.2 The seller shall indemnify Gimaart and hold Gimaart harmless against any and all damages, liabilities, costs, expenses, and losses arising out of or relating to any non-compliance or breach of this clause 13.

13.3 For the purposes of clauses 12 and 13 “ipr” shall mean copyright and related rights, trademarks, and service marks, business names and domain names, rights in set-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in computer software, rights To Use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

14. Law and jurisdiction

Contracts for the purchase of goods or services through our site shall be governed by Indian law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Kolkata (West Bengal).

15. General

15.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.

15.2 No party shall assign, transfer, charge, subcontract, or deal in any other manner with any of our rights or obligations under these terms.

15.3 Any notice or other information required or permitted to be given under these terms shall be deemed to have been validly given if served personally on that party or if sent by first-class prepaid post to the last known address of that party. If sent by first-class prepaid post, the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile, then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next working day if sent outside such hours.

15.4 No waiver by us of any breach of these terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.

15.5 If any provision of these terms is declared by any judicial or any other competent authority to be void, voidable, illegal, or otherwise unenforceable (or indications to that effect are received by us from any competent authority), then that provision shall be limited or eliminated to the minimum extent necessary so these terms shall otherwise remain in full force and effect and enforceable.

15.6 Nothing in these terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.

15.7 These terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act or otherwise.

15.8 No variation of these terms shall be binding unless made in writing and signed by you and us.

15.9 These terms apply to the exclusion of any other terms that you seek to impose.

15.10 These terms shall be governed by Indian law, and the Indian courts shall have exclusive jurisdiction to decide any dispute concerning these terms.

15.11 References in these terms to “writing” include facsimiles but not e-mail.

Schedule 1:

Fees.

Monthly subscription fees:

Standard seller subscription fee: INR 1000 per month (plus GST)
Partner seller subscription fee: INR 2500 per month (plus GST)

Selling fees:

Gimaart charges a different selling fee depending upon the category that your product is placed in on Gimaart. Our selling fees are detailed below:

Schedule 2

Prohibited products

If a product is defined as a prohibited product by Gimaart, it must not be sold on the site. You may not sell any of the following:
Products that are illegal in any way or contravene local rules or legislation.
Explosives, weapons, and related items.
Animal parts or products.
Counterfeit, unauthorized, or unlicensed merchandise.
A toy not marked with the CE mark; or
A medical device not marked with the CE mark; or
An electronic good not marked with the CE mark, without a plug, or that has been subject to a product safety recall.
An electronic good without a 3-pin India plug (excluding shavers and similar electrical grooming products).
A product that infringes the IPR of a third party.
Offensive and/or controversial materials, classified as products that promote, incite, or glorify hatred or violence towards any person.
Medicinal products not authorized for sale in the India, or in a format the MHRA defines as requiring a prescription or supervision by a licensed practitioner.
Veterinary medication not authorized for sale in the India or defined as requiring a prescription by the VMD.
Unauthorized or restricted chemicals, including but not limited to biocides, pesticides, and detergents.
You can see which products violate PayPal’s acceptable use policy here: https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full
If you are unsure as to whether a product is a prohibited product or not, please register now, and we can let you know. Existing sellers can submit a ticket here.

"Hamaari Apni Dukaan"