This agreement is a contractual relationship by and between Tuttofare Holdings (Pvt) Ltd. and the Seller.
This agreement is to establish a contractual relationship by and between Tuttofare Holdings (Pvt) Ltd. (hereinafter referred to as “Tutto.lk”), a private limited liability company incorporated in the Democratic Socialist Republic of Sri Lanka bearing company registration No. PV 233406, with its registered office at No. 156/E, Jayagath Mawatha, Hokandara (North), Hokandara.
AND
The Seller (hereinafter referred to as “Seller”), a sole proprietor/corporation, registered with Tutto.lk to sell their products on the online Platform maintained by Tutto.lk
Tutto.lk and Seller are hereinafter referred to together as the “Parties” and individually as a “Party”
This is an electronically generated document that records in terms of the Electronic Transactions Act. No 19 of 2006 and rules there under as applicable and the amended provisions relating to electronic records in various acts as amended by the Electronic Transactions Act 2006.
This is a computer-generated document and no signatures are required unless otherwise the same has specifically been requested by Tutto.lk.
GENERAL TERMS AND CONDITIONS OF TUTTO.LK
SCOPE AND BACKGROUND
1.1. Tutto.lk is providing their digital business platforms which enable their clients to transact and same is facilitate Ecommerce service through its online marketplace platform at Tutto.lk
1.2. On this ecommerce platform of tutto.lk, the Seller appoints Tutto.lk as its commission agent under the terms & conditions set hereunder
1.3. This agreement specifically succeeds any prior agreements or any such arrangements between both Parties unless otherwise, same has specifically agreed between the Parties.
1.4. Each transaction on this platform of Tutto.lk is as per the general terms and conditions of this agreement. The latest renewed or amended agreement will be notified on Tutto.lk digital platform
1.5. The services provided and covered by Tutto.lk are limited to agreed services herein within the agreed level of commission and any additional service fees as specifically expressed herein
1.6. Tutto.lk have rights to use the third party services in order to execute full or any part of the present agreement for the good sake of Tutto.lk digital platform without any prior intimation to the Seller
1.7. In order to maintain the high-quality standard of the Tutto.lk digital platform, Tutto.lk have their right to terminate the agreement between the parties by written notice to Seller via the registered email address by the Seller on Tutto.lk platform at the time of termination.
1.8. Breach of any general terms and conditions in this agreement by Seller will be automatically considered as a breach of contract and in such case Tutto.lk will be notified the same to the Seller in written via the registered email address of Seller on Tutto.lk platform at the time of communicating the notice. Accordingly, Tutto.lk has its rights to make a warning for any correction required or to terminate the agreement via such written communication.
1.9. Tutto.lk is only digital market place, which facilitates sellers and customers to make their transaction and the Seller is fully responsible for timely and safe delivery of products as per the agreed quality standards.
1.10. Seller should be legally eligible to enter into this agreement and should not violate any legal activities by entering into this agreement under the law of Sri Lanka.
2. INTERPRETATION
2.1. The interpretation of following words of this agreements is as below:
- General Terms & Conditions: The terms & conditions set out in this agreement
- Platform : Tutto.lk website
- Customer : A person, who purchases Products on the Platform
- Vendor/Seller : A person, who sells Products on the Platform
- Bank Account : The bank account given by the Seller in which payments are to be made for any receivable amount to Seller
- Working Day : Bank working days (General) in Sri Lanka (excluding Saturday & Sunday)
- Sales Commission Schedule : The list of commission which is payable by the Seller to
Tutto.lk for each transaction of product sold on the Tutto.lk Platform - Fee(s) : Any fees charged by Tutto.lk other than the commission for any additional services
- Internet Transaction Fee: Fee for the Online Payment
- Handling Fee: Administrative charges of handling the transaction which generally included in the delivery charges set out on the Tutto.lk platform
- Reimbursable Delivery Charges: Charges to be reimbursed by Tutto.lk to Seller on their
deliveries of products - Product(s): The products which the Seller intends to sell on the Platform
- Delivery Completed (Orders) : The transfer of ownership of the product from the Seller
to the end customer - Pending (Orders) : Status from the point of order received and till dispatch the product of the received order by Seller via Tutto.lk platform
- Processing (Orders) : Status from the point of order dispatched by the Seller and till it
received by the Customer of any received order by Seller via Tutto.lk platform - Canceled (Orders) : Any cancellation by Seller or Customer for received order by Seller via Tutto.lk platform
- On-hold (Orders) : Any holding of received order by Seller via Tutto.lk platform, as per the advice by Tuttto.lk
- Refunded (Orders) : Refund the money to Customer after cancellation of received order by Seller via Tutto.lk platform.
- Failed (Orders) : Failed to delivery of any received order by Seller via Tutto.lk platform
- Handling Time : The time between order received date and the dispatched date (Excluding Saturday & Sunday) for any order received from the Tutto.lk platform.
- In writing : Any written communication by Tutto.lk to the Seller through courier or email
- Intellectual Property : Intellectual Property includes any patents, trademarks and service marks, industrial designs and Geographical Indications, Copyright which covers literary and artistic works of Tutto.lk.
- Listed Price : The listed price of the product is the price appeared on Tutto.lk platform which shall include all cost of Seller excluding Reimbursable Delivery Charges. Price should not be higher than the price that seller offers same product through its own channel.
- Penalty : Any financial impact Tutto.lk transferred to the Seller due to breach of this agreement.
- Return Policy : The policy with respect to returning the product
- Rules & Guideline for Packaging and Shipping: The directions and rules to be follow while dispatching and the packing of a product for any received order by Seller via Tutto.lk platform
- Seller Performance : The performance of the Seller as evaluated by Tutto.lk basis their
meeting to the standards, guidelines, terms and conditions of Tutto.lk - Third Party Logistics (3PL) : An outside service provider nominated by Tutto.lk any
of their services
3. VENDOR REGISTRATION, WEB ACCESS, SELLER DASHBOARD
3.1. A Person/Organization/Business entity who has a interest to register on Tutto.lk platform as a Seller can initialize the registration process by click on Log in/Register on Tutto.lk platform under the “Vendor”
3.2. After completion of successful registration , i.e. after submitting the all required information for the registration as a Vendor/Seller, Tutto.lk will evaluate the provided information
3.3. At the completion of evaluation process, training /workshop to be conducted by Tutto.lk for the representative/s of registered Sellers
3.4. Seller account to be activated within 5 working days after successful completion of workshop conducted by Tutto.lk and same will be notify in written notice
3.5. The Seller is responsible for maintain the Seller account with updated information including product details, Seller details etc.
3.6. Tutto.lk is not responsible for any liability arising from incorrect information provided by the Seller on Tutto.lk platform
3.7. The Seller should respond to any written communication given by Tutto.lk within 72 hours where if no response from Seller will be considered as a breach of contract
4. FEATURED PRODUCTS AND FLASH DEALS
4.1.Tutto.lk shall feature the Seller’s Products on the Tutto.lk Platform at an additional prescribed rate as mentioned on updated Commission and other charges schedule
4.2. Appearance and placement on the Tutto.lk Platform for such additional features shall be at the discretion of Tutto.lk
4.3. Validity of such features will for maximum of 14 days from the date of activation for such features. However, same can be renewed on repeat transaction for such features
5. RULES AND GUIDELINES FOR SELLER PERFORMANCE
5.1. Seller should adhere to the Terms and Conditions prescribed herein by Tutto.lk
5.2. Seller should dispatch the product within 3 working days from the date of order received (Any order received after 1700hrs of Sri Lanka Local time will be considered as an order received on very next working day)
5.3. Seller should strictly compliance to the packaging and shipping guidelines given by Tutto.lk
5.4. Seller is fully responsible from the point of order received via Tutto.lk platform till same reaches to customer where the Tutto.lk will always be act only as a digital selling platform for the subject transactions.
6. SHIPPING/DELIVERY OF PRODUCT
6.1. After order received by Seller via Tutto.lk platform, Seller needs to take all required action to dispatch the same at earliest and same should not be delayed for more than 3 working days.
6.2. Seller should ship/deliver the product only using prescribed courier service providers as listed on Tutto.lk platform and tracking details of each delivery should be upload on Tutto.lk platform.
6.3. Seller is fully responsible to deliver the received order as listed and as described on Tutto.lk platform.
6.4. Same should be in line with the same quality, appearance, standard and description as listed on Tutto.lk platform by the Seller.
6.5. Seller should be fully responsible to supply of order till it reaches to the end customer where any damage, changes of product due to any incompliance shipment (Not sending the ordered product, or send the product that has deviations of quality, appearance, standard or description as listed on Tutto.lk platform) should be sole responsibility of the Seller and such shipment will not be considered as a successful completion of the shipment.
6.6. Failure of compliance to any of above will be considered as uncompleted delivery and payment will be hold by the Tutto.lk till the completion of successful delivery.
6.7. Reimbursable delivery fee to paid by Tutto.lk to Seller against the delivery fee born by the Seller
6.8. Payment will be released to the Seller within 10 working days from the date of successful completion of shipment/delivery.
7. COMMISSION, FEES, ANY OTHER CHARGES AND PENALTY FEE
7.1. Tutto.lk will be charging commission, fees, tax etc. only as an agent of Seller and the rates other than Tax is subject to change and the latest schedule of commission and fees will be uploaded on Tutto.lk platform.
7.2. A sale of each product on Tutto.lk platform is subject to a sales commission on prescribed rate based on Seller’s listed categories.
7.3. Additional fee will be charged on prescribed rates for the featured product and the Flash deals options
7.4. Handling fee will be charged for each delivery and same will be the difference of delivery fee and the reimbursable delivery fee.
7.5. Either the 3% of listed product price or LKR 100, whichever higher will be charge from each cancelled product from the Seller as a penalty fee if such cancellation is due to Sellers fault.
7.6. Tax will be charged as applicable as per the current rate prescribed by Inland Revenue of Sri Lanka from Sales value of each transaction belongs to Tutto.lk, i.e. from value of Sales commission or fee charged by Tutto.lk
7.7. Internet Transaction Fee will be charged for each online transaction made via Tutto.lk
7.8. Commission, additional fees (Inclusive of Tax as and where applicable) will be charged by Tutto.lk from the listed price of the product as an agent of a Seller.
7.9. Penalty, Internet Transaction Fee will be charged from the total value of each sales order including delivery cost.
7.10. Tutto.lk reserved their right to change the commission, and additional fees with a notice of 2 weeks.
7.11. Updated Commission Schedule, fees, taxes (as applicable) will be uploaded on Tutto.lk platform
8. PAYMENTS AND REFUND
8.1. All payments for the orders will be collected by Tutto.lk and same will be transferred to the Seller within 10 working days from the date of successful completion of the delivery.
8.2. Payment will be transferred to the seller after deducting relevant commission, fees, penalties, taxes as applicable subject to completion of successful delivery.
8.3. Tutto.lk uploads payment statements on the Tutto.lk Seller dashboard with all relevant payment information.
8.4. Payment will transfer in Sri Lankan Rupees to the registered Bank account by the seller on Tutto.lk platform.
8.5. If seller needs to change the banking details same can be amended only with written request
8.6. Tutto.lk will not be liable for any wrongful banking details given by the Seller and for any financial impact there of8.7. In case a delivered product returned after the fund been transferred to the Sellers account by Tutto.lk, same will be deducted from the next fund transfers, unless otherwise the customer accepted replacement of new product through seller and same has completed at the time of next payment transfer.
8.8. If seller failed to complete the successful delivery to the customer, total amount will be refund to the customer including all transaction cost and either 3% of listed product price or LKR 100 ,whichever higher will be charge from each occasion from the Seller as a penalty fee.
9. LISTING OF PRODUCT
9.1. Seller shall upload all the products in compliance with Electronic Transactions Act. No 19 of 2006 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Electronics Transactions Act 2006.
9.2. All approvals and authorizations should obtained from respective authorities in advance by the Seller before upload the products on Tutto.lk platform, where If necessary, the Seller shall be obliged to procure all formal approvals and authorizations requested by Tutto.lk at its own cost.
9.3. Seller shall be solely liable for any unlawful upload made by Seller’s side while listing the products
10. WARRANTIES
10.1. Seller shall be liable for any declared warranties on listed products on Seller’s account.
11. INTELLECTUAL PROPERTY
11.1. Seller agrees to protect the Intellectual Property of Tutto.lk includes any patents, trademarks and service marks, industrial designs and Geographical Indications, Copyright which covers literary and artistic works of Tutto.lk.
11.2. The Seller has no rights to use any Intellectual Property belonging to Tutto.lk without in written prior approval from Tutto.lk
12. FORCE MAJEURE
12.1. Tutto.lk will not be liable for breach of this agreement caused by a condition (for example, act of God, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the Tutto.lk ‘s reasonable control.
13. TERMINATION OF AGREEMENT
13.1. The agreement is valid for a period of 24 months and same is renewable at the end of each period.
13.2. Agreement can be terminated by both party by giving 30 days advance notice and after settling all the due liabilities by the parties before the termination.
13.3. Tutto.lk has their right to terminate the agreement at their discretion if there is a breach of this agreement by the Seller
14. NOTICES
14.1. Written notices should be communicated between the Parties all the time.
15. AMENDMENTS
15.1. Seller agrees that Tutto.lk has their right to amend any part of this agreement and same will be notify on Tutto.lk platform where sellers have their right to response for any disagreements or counter within 14 days from the date of amendment been uploaded to the Tutto.lk platform.
15.2. If no response by the Seller for the aforementioned amendments, such amendments will be considered as agreed terms and condition of this agreement by both parties here in
15.3. In case seller has any continues disagreements for any such amendments, Seller can inform the same within 14 days from the date of amendment been uploaded and Seller may terminate this agreement after settling all due liabilities to Tutto.lk if any