30 Shades provides designers an online platform to promote their fashion apparels/ shoes/ fashion accessories and other similar items (products) and sell the products through: (i) the Website, (ii) other websites operated by 30 Shades, (iii) catalogues distributed by 30 Shades or (iv) any other sales channel 30 Shades reasonably determine to use in the future.
Designers agree to provide all necessary support and information about the products to enable 30 Shades enlist the Products on the website.
The Designer agrees that all matters relating to the quality of the product will be their responsibility and that 30 Shades is merely a facilitator in the selling and marketing process and that 30 Shades takes no responsibility other than ensuring that the designer’s wares are displayed and marketed – restricted to delivering these goods to a confirmed buyer. In this regard, the Designer agrees that they shall take necessary steps to familiarise themselves with the quality, stocking and marketing policies designed and applied by 30 Shades irrespective of the method required to do so, onus being on the Designer to ensure this is achieved.
The Designer agrees and acknowledges that 30 Shades will promote other designers and their products and the Designer will not raise any objection to the same.
The Designer shall indicate clearly whether or not any of its products is for sale or not and, if it is, the price of the products. Any change of status of availability must be updated immediately on such change in status so that responsibility for making available a product displayed on the website, unless specifically removed, and indented by a buyer will be sole responsibility of the Designer to ensure such a requirement is met, and in the event this is not achieved, all resulting liabilities will be that of the Designer.
The Designer agrees to accept delivery of any such notice, or any other notice regarding the Website, via the email account most recently registered with 30 Shades. Designer will be responsible to review any such change, notices or check the Website from time to time to ensure that he/she understands the terms and conditions and are in compliance with them.
Use of the Website, does not result in designers getting an undeniable, exclusive and independent right to market any or all products of their sole choice through 30 Shades channels. Any product intended to be marketed via 30 Shades will have the mutual consent of both parties before being introduced on the 30 Shades platform. As a consequence, any upload of images of any of the products mutually consented to be sold using the Website will first be submitted electronically or delivered to M/s. 30 Shades address (195 Nicholson Road, Near Diamond Point, Tarbund, Secunderabad, Telangana – 500 009) which would then, as per the discretion of 30 Shades be uploaded on the website. No uploads will be made by any person(s) other than 30 Shades authorized personnel.
30 Shades may add or remove the Designer’s products to and from the Website. The decision taken by 30 Shades on the products to be featured on the Website is final and binding, and the Designer agrees to accept that decision. The Designer agrees and acknowledges that he/she shall not use the Website (i) to link to any website that violates the 30 Shades Content Policy, (ii) to solicit directly, advertisers or sponsors.
The use of website services to the Designer is entirely conditioned on and subject to the compliance with this Agreement. If at any time the Designer does not agree with this Agreement and / or any clause contained herein, then he/she will notify 30 Shades about the same in writing, obtain an acknowledgement from 30 Shades about the complaint. If the Designer does not receive a suitable change to any objectionable clause and / or the entire agreement, he/she reserves to right to terminate the agreement by making a notice in writing to remove all displays of the product forthwith and to settle all accounts with 30 Shades with mutual consent. Till such time that the settlement of accounts is not completed, and product displays terminated, all responsibilities of the Designer will continue to be applicable and will not devolve on 30 Shades.
30 Shades as part of its business proposition offers selected designers an option of guide-stores at selected locations which provides various services including but not limited to stylists advice, experiencing fit-and-feel, instant support on interaction with the designer and bespoke services at mutually agreed commercial terms. The Designer agrees to provide necessary support, samples/ inventory at mutually agreed commercial terms on case-to-case basis for merchandizing its Products at the guide-store.
The guide-store will also facilitate personalized interaction with designers and customers which the Designer agrees to in-principal, subject to mutual confirmation of schedules and terms.
Any stock required to be held at the Guide stores in order to enable sales and marketing of these products and making available the same at the Guide Stores will be the sole responsibility of the Designer and the Designer would be required to insure such stocks appropriately and adequately so that any damage for any reason whatsoever is not the responsibility of 30 Shades. 30 Shades will provide a pre-declared set of facilities at the Guide Stores which will be made clear to any Designer desirous of using such facility. Stocks at such stores will be held by 30 Shades on behalf of the Designer and will be subject matter of settlement of any accounts or other matters between 30 shades and the Designer.
Shipment of goods – The designers will execute the Commercial terms separately with 30 Shades House of Fashion Private Limited and it will form a part of this Agreement
All the expenses relating to shipping of products from the designer to 30 Shades shall be borne by the Designer and that from 30 Shades to the Customer shall be borne by 30 Shades. Where possible, 30 Shades will make every effort to develop economical and efficient partners and / or service providers to move products between the Designer and itself, as also for similar movement between its own stock points / guide stores and finally to the customer from whichever starting point for such movement. The Designer agrees that as is common practice, the movement between himself/herself and 30 Shades will be his / her responsibility, arrangements worked out by 30 Shades, will in no way make shipment of goods between its own stock points or between it’s own stock points and the Guide stores the sole responsibility of 30 Shades and any risks related to movement of stocks will be treated as such and where such a transaction does lead to some losses / misplaced / overdue deliveries, any losses attributable to such incidents will be treated with due commercial consideration in determining with mutual agreement as to who shall bear any financial / commercial / legal consequences related thereto.
EXECUTION OF ORDERS
30 Shades will take the responsibility to ensure that the Designer is presented with a customer order placed on it’s website. The Designer agrees to confirm acceptance or inability, as the case maybe for any reason whatsoever, to deliver the customer requirement immediately and no later than 24 hours from the time that 30 Shades shares an order with appropriate documentation there against. The Designer further agrees that 3 consecutive instances of inability to deliver the product ordered by the customer, will lead to immediate termination of the agreement between the Designer and 30 Shades and should any legal / financial / commercial consequence arise from such a sequence of inability to deliver on the part of the Designer, would be attributable to the Designer entirely.
Where the order is successfully being serviced, the Designer agrees to ensure shipping of the product within the times declared on the website as applicable to the product. Any breaches there against and customer or market claims there against would be the sole responsibility of the Designer.
CUSTOMER PAYMENTS AND REMUNERATION TO THE DESIGNER
All payments from the customer are collected by 30 Shades. 30 Shades will release the payment along with it’s invoice on the Designer, to the designer, after retaining its commissions as agreed to in the Commercial Terms of Trade, within 7 working days of the product having been delivered to the customer satisfactorily and all related documentation confirming the same becoming available with 30 Shades, and subject to no request for return / complaint from the customer. 30 Shades raises an invoice on the designer for its sales commission.
LIMITATION OF LIABILITY
The designer expressly understands and agrees that under no circumstances shall 30 Shades or its officers, employees, directors or agents or representatives, be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data (even if 30 Shades have been advised of the possibility of such damages) or be made party to resulting from,:
the use or inability to use 30 Shades website;
unauthorized access to or alteration of the Website, data or transmissions;
statements or conduct of any third party on the website; or
any other matter relating to this Agreement, the website or the guide store gallery.
any conflict past, present or future that the Designer may be subject to and any related legal issues whether the subject matter of judicial proceedings or intended to be made so and / or any arbitration proceedings or out of court settlements underway or intended.
The Designer confirms that no third party possesses any license or other rights with respect to any element of the Designer’s product(s) that would prohibit or impair 30 Shades ability to exercise fully the rights granted by the Designers in this Agreement, and further that, the Designers will not falsely state or otherwise misrepresent any affiliation with any other person or entity in any way. The Designer also affirms that there is no pending or threatened claim, action, or proceeding related to any element of the products with respect to copyrights, trademarks or other intellectual property rights, and there is no basis for any such claim, action, or proceeding.
CIRCUMVENTION OF 30 SHADES PLATFORM.
The Designers shall not include any information intended to lead to sales of listed items outside 30 Shades platform. This includes, but is not limited to, (i) email addresses, (ii) telephone numbers, (iii) external website addresses, (iv) communication addresses, (v) trade names that feature “.com,” “.net” or similar domain extensions, (vi) references to “Google me” or similar references, or (vii) references to alternative channels through which the designers products may be purchased.
INTELLECTUAL PROPERTY RIGHTS
30 Shades will not be responsible for evaluating and bearing all risks associated with the public availability of Designer’s Content. We shall have no obligation or responsibility for registering the copyright of any of your Content with any copyright office.
The Designer acknowledges and agrees that, as between the Designer and 30 Shades, all online content on the Website and any other content provided by 30 Shades, and all intellectual property rights therein, are the exclusive property of 30 Shades.
The Designer acknowledges that the source code constitutes valuable intellectual property of 30 Shades.
The Designer confirms that the products supplied and all elements connected thereto will not: (i) violate any applicable law, rule or regulation (including, but not limited to, laws relating to false or deceptive advertising); (ii) be libelous; or (iii) violate, misappropriate or infringe upon any intellectual property right or other right of any third party (including, but not limited to, contractual rights, trademark rights, copyrights, trade secrets, moral rights, or rights of privacy or publicity).
Money amounts, if and wherever stated in this Agreement, refer to Indian Rupees. This Agreement shall be governed by and construed in accordance with the laws as applicable in India. Any disputes will be handled in the competent courts of Hyderabad, Telangana State, India.
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