Sparkling Spices is an online platform (Marketplace) accessible through web (www.sparklingspices.us) owned and operated by Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd. Subject to the presents here, Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd may allow Sellers to use Marketplace, on “as-is basis” to list and display their product and other data on www.justplants.in

Sellers on approval are allowed to list products for sale on Marketplace at the Listing Price determined by Seller (Seller to consider cost of delivery, Commissions etc. in their Prices).

Sparkling Spices implements mechanism to rate and provide feedback regarding Seller and Seller Products on Marketplace and such information be available on Marketplace.

Seller shall be solely responsible for the Product Information and related Content while listing Seller Product for sale on Marketplace.

Seller should ensure that Seller Materials, Seller Products (including their packaging) (i) shall not contain any Objectionable Content or any other Content that is not expressly permitted; and (ii) are in compliance with the agreed catalogue and content standards. Seller takes full responsibility for the contents of the packages that it hands over to delivery agents to be sent to Buyers and agrees that Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd. shall not be responsible or liable in any manner whatsoever for such contents.

For each Seller Product sold on Marketplace, Seller shall be able to see the same on Seller Portal. If Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd.  believes in its sole discretion that a Seller Transaction represents fraudulent activity, Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd.  may, but is not obligated to, prohibit the Seller Transaction. Sparkling Olive Green Commodity Sales and Marketing (OPC) Pvt Ltd.  will not be liable to Seller for any such action that results in or prevents a Buyer from completing an order or causes a Buyer to cancel an order.

Seller shall retrieve the Order Information using the functionality enabled for Seller account on Seller Portal of Marketplace (“Seller Account”) and shall not to cancel any Orders else will have to pay a penalty of 50% of the buyer purchase price. In case seller is desirous of cancelling the order, seller may intimate the same.

Order is completed once the product is delivered to the customer and there is no claim for return or refund for any reason within 03 days. 

Seller shall pack the Product as per Packing Specifications and will hand over the packed Seller Product to the designated Courier service provider with relevant shipping information which will be forwarded to seller by e-mail.

Seller shall not collude with a Buyer or other Sellers or users of the Marketplace, for drawing benefits from various promotional offers including but not limited to discount or cashback through false or fraudulent transaction

Sparkling Spices without any liability to compensate Seller, shall have the right to cancel any order if:

a. Seller has failed to handover the packed Seller Product to courier agent within agreed timelines or

b. Sparkling Spices understands that Seller Product is not shipped for any reason within the applicable shipping period indicated in the Order Information.

Seller shall not sell a Seller Product unless the Seller Product is fully fit and can be shipped to buyers. Seller will not ship Seller Products which are damaged, defective, and that can withstand shipment through couriers. Seller shall ship products as mentioned in listing.

Exchange of a Seller Product for another, non-delivery or rejections due to delay in delivery or failure to deliver for any other reason or cancellation of orders by Buyer for any reason, will constitute a return of Seller Product. Seller will be responsible for accepting and processing returns of Seller Products.

Sparkling Spices will make efforts to ensure that all Seller Products that are returned by a Buyer are dispatched to Seller

Sparkling Spices will determine and calculate the amount of all refunds (including any Taxes to be refunded) for Seller Products returned in accordance with this Agreement and will route all such refunds on behalf of Seller to the Buyer and accordingly debit from the payment to Seller.

Loss in Transit: In case of loss of Seller Product after delivery to Courier agent, but before the delivery to Buyer, Sparkling Spices shall make a claim to Courier Company and shall treat Seller as the beneficiary for the recoveries from Courier Service provider. However, risk of loss or damage to the Seller Products will remain with Seller if Seller fails to adhere with the Packing Specification.

Sparkling Spices will create invoices and shipping labels for Seller by using the functionality enabled for Seller Account. Sparkling Spices will invoice the Listing Price of the Seller Product sold to Buyer as adjusted for any discounts offered to Buyer. GST/ SGST/ CGST will be charged as per Applicable Law on the adjusted Listing Price.

All discounts offered by Seller will be borne by Seller. If Sparkling Spices offers any additional discounts over the Listing Price, then in such case Sparkling Spices shall bear the cost of such additional discount.

The invoice will be placed and sent with the Seller Product shipment package prior to handing over Seller Products to the Courier agent or Buyer in connection with each Buyer order.

 Seller will be solely responsible for any sale of Seller Product to Buyer that is not in accordance with the order of Buyer as was listed on Sparkling Spices. Sparkling Spices will take necessary steps for the resolution of such issues and will take decisions in accordance.

Sparkling Spices will collect the payment for Seller Products through one or more of its designated payment gateways aggregators (“ Payment Gateway”).

Seller agrees that as a security measure or in compliance with Applicable Law or any reason thereof, Sparkling Spices or the Payment Gateway shall have the right (but not obligation) to impose limits or restriction on transaction at Marketplace. Neither Sparkling Spices nor Payment Gateway will be liable to Seller in case of any transaction failure to meet regulatory requirement or due to any technology failure or limitations of technology being used.

Sparkling Spices will remit to Seller the Sales Proceeds collected in respect of Seller Products on receiving withdrawal requests. Amount will be credited to sellers wallet after 03 days after a successful delivery of product has taken place to the buyer. Any amount to be paid to Seller by Sparkling Spices shall be paid after deducting Sparkling Spices Fees, Delivery charges and any other amounts that are due. All payments to seller will be subject to the deduction of tax at source under Applicable Law. For avoidance of doubt, it is clarified that Sparkling Spices will not be obligated to pay to Seller any amount pertaining to Seller Products that have been initiated and approved for return by Buyer.

All balances for a given period will be reflected in the Seller’s ledger account through the functionality of the Seller Account.

With respect to each Seller Transaction, Seller will pay the fees at the applicable percentage plus GST.

In case of returns/ refunds occasioned due to any reason attributable to the Seller, Sparkling Spices shall be entitled to deduct the logistics cost and payment gateway charges, on actuals, incurred by Sparkling Spices on such returns/ refunds from the payment to seller.

Seller may set up a dedicated online Storefront for themselves within Marketplace.

Sparkling Spices shall not be liable for Contents uploaded or displayed on the Storefront or Marketplace by or on behalf of Seller pertaining to Seller’s Products and all consequent liability will be borne by the Seller only.

Sellers shall take full responsibility for any Content that is uploaded on its Storefront or used in relation to the Seller Products or their listing on Marketplace and shall agree that Sparkling Spices shall not be responsible or liable for the Content and any issues arising from such Content whether provided by Seller

Sparkling Spices may undertake merchandising, promotion and digital marketing of Marketplace and Seller’s Storefront including Seller. Seller shall acknowledge that Sparkling Spices will have complete rights of approval and ownership over the creative content, themes, sales literature, copy and layout of all advertising and promotional materials and programs, trade materials, business cards, invoices, stationery and other printed matter relating to such merchandising, promotion and marketing activities.

Seller shall acknowledges and agrees that while Service Providers may take the Tax related data (Tax Data) from the Seller Portal, Seller acknowledges and agrees that Sparkling Spices and its Service Providers do not provide Tax advice, and that Seller is solely responsible for determining the applicability and accuracy of any Tax Data. As a condition of receiving the Tax data, Seller agrees to fully and forever waive any liabilities against Sparkling Spices and the Service Provider arising from Seller’s use of and reliance on such Tax Data and further agrees to defend, indemnify and hold Sparkling Spices and its Service Provider harmless from liabilities arising from such use or reliance.

Seller will bear and pay or reimburse Sparkling Spices any octroi and other entry tax levied or paid on deliveries to locations of Buyers that are within octroi zones or to other locations subject to entry tax. Prior to a Payment Date, Sparkling Spices will raise an invoice on Seller for any such payments of octroi and other entry tax made or borne by Sparkling Spices and due to it for the Settlement Period of that Payment Date.

Seller warrants that they will not host, display, upload, modify, publish, transmit, update or share any information that is Objectionable Content.

Seller shall acknowledge that Sparkling Spices role is limited to managing the Marketplace for the display of the Seller Products and other incidental services to facilitate online transactions between Seller and the Buyers. The transaction for sale of any of the Products is a bipartite contract between Seller, Buyer and Sparkling Spices, In cases where disputes arise, Sparkling Spices will take liability on dispute handling between the Buyer and Seller.

Sparkling Spices reserves the right to change, upgrade, modify, limit or suspend Marketplace services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Sparkling Spices further reserves the right to introduce new features, functionalities or applications to the services or to future versions of the Marketplace services.

Sparkling Spices may arrange for customer service centre to provide assistance to Buyers in purchase, payment related queries, or any enquiries as may be requested by Buyers. Seller shall provide all information and assistance as may be requested by Sparkling Spices or its customer service centre to assist Seller in resolving any queries, enquiries or grievances of Buyer.