This electronic record is generated by a computer system and does not require any physical or digital signatures and the same has been incorporated by reference in the Vendor Agreement (defined below).

Background:

The domain name www.kartbird.com (hereinafter referred to as “Portal/Website”) is owned by Kart Bird and operates as an online e-commerce marketplace for the display, advertising and sale of lifestyle products by various vendors to the end customers (“Customers”) and provides related services to the vendors and to the Customers / users of the Portal on behalf of the vendors (as the vendor’s service provider). The Company shall act as Vendor’s service provider for providing various services in relation to the sale of its Products as agreed under the Vendor Agreement (“Products”), and the use of the Portal for enabling promotion/advertisement of its Products (“Services”).

Products:

  1. The Vendor shall offer its Products to Kart Bird for the purpose of sale by the Vendor on the Portal. Based on market analysis conducted by Kart Bird, Kart Bird may make recommendations to the Vendor from time to time on the specific Products and the quantities thereof, from the entire range/collection that are to be displayed, advertised and offered for sale by the Vendor through the Portal. The Vendor shall make its final decision on the Products and their quantities to be displayed on the Portal on the basis of such recommendations. Notwithstanding the foregoing, the Company has the right to refuse to display or withdraw from the Portal, any Product for sale on the Portal.
  2. The Vendor shall exclusively offer for display, advertising and sale certain Products, as specifically agreed in the Vendor Agreement, through the Portal only (“Specified Product Lines”). The Vendor shall not, in respect of the Specified Product Lines, seek, accept from or appoint any other entity to provide any services similar to the Services without first obtaining the prior written approval of the Company.
  3. The Products offered for sale by the Vendor are either manufactured by the Vendor or are sourced/ purchased by the Vendor from third party suppliers/manufacturers (“Suppliers”). In the event the Vendor purchases the Products from the Supplier, the Vendor has furnished a no objection certificate from the owner/manufacturer of the Products in the format provided by the Company and annexed to the Vendor Agreement.

Services to be provided by the Company (Kart Bird)

As part and parcel of the Services, the Company shall carry out the following functions for and on behalf of the Vendor for consideration as agreed under the Vendor Agreement.

Facilitation of Sale of Products through the Portal:

Advertising:

Quality and Quantity Assurance:

Ordering, Packaging and Delivery:

Invoicing and Collection and Payments:

Payment Terms

Return & Refund

Obligations of the Vendor

Obligation of the Company

Confidentiality

Intellectual Property Rights

Representation and Warranties of the Vendor

Indemnity

Penalty

General Clauses

Electronic Execution

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