This Online agreement for accessing your Vendor store via
Craftfurnish Online Service explains the terms and conditions which govern as
per the plan selected while registeration
This Memorandum of Understanding (“MOU")
is made by and between:
Free Spirit Retail Private Limited, a Private limited company
incorporated under the laws of India having its registered office at SG 6,
Shastri Nagar , Ghaziabad UP 201002 and having registered office at SG-6,
Shastri Nagar , Ghaziabad, UP 201002 and operating
CraftFurnish.com ( hereinafter referred to as
The person (sole proprietor/company/partnership firm/limited
liability partnership firm) who is accepting the terms and conditions of this
MOU either himself or through a duly authorised signatory and who is legally
allowed to do business in India (hereinafter referred to as the "the
CraftFurnish and the Vendor are hereinafter individually
referred to as “
and collectively as the “
1. The Vendor is in the business of selling products in any one
or more of the Handmade, handicrafts, Dress, Clothing, Vintage, Jewellery as
part of this MOU
2. CraftFurnish is involved in the business of providing
e-commerce technology, internet marketing services, customer services and
payment services to Partners interested in selling their products on the
internet, through the e-commerce technology platform & services offered by
3. The Vendor, in view of increasing their sales, is desirous of
using the services of CraftFurnish for selling their products online through
4. The Parties are desirous of recording the terms and
conditions of their MOU for the purposes set out above subject to provisions
and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing and the
promises contained herein the Parties, hereto agree as follows:
to be provided by CraftFurnish
1. Technology services: CraftFurnish offers an end-to-end
E-Commerce technology platform that will allow the Vendor to set-up an online
store on CraftFurnish.com. By doing this Vendor can upload their products on
the site, manage various aspects of the online store on a self-service basis,
and make it available to buyers for purchase. The technology services also
include complimentary use of business tools available on CraftFurnish.com
through a specific login to be created by CraftFurnish for the Vendor.
2. Internet Marketing Services: CraftFurnish runs
intensive internet marketing services for the entire marketplace to drive
traffic. CraftFurnish can also run specific internet marketing programs and
traffic acquisition plans for the Vendor for a fee as decided by the
3. Payment Services: Customers can make payments for their
orders at CraftFurnish using payment options including credit card, debit card,
net banking. CraftFurnish.com has created a wide Systems of payment gateways
which include international payment gateways.
of the Partners
1. The Vendor shall agree, accept and be bound by CraftFurnish
or are displayed on the website “CraftFurnish.com" from time to time and
are updated from time to time, which are incorporated herein by reference.
2. The Vendor shall pay the selling service fee and payment
collection fee as agreed.
3. The Vendor shall create an online catalog of products and
upload product listings in their online store at CraftFurnish.com. The Vendor
acknowledges that he shall be solely responsible for the relevant reference
numbers of the products and the Vendor shall create, acquire and upload
legitimate and accurate catalog data.
4. The Vendor shall be responsible for maintaining and
publishing all information relating to products on their online store and shall
have non-exclusive right to display, advertise and offer for sale its products
on the online platform. The product sold by the Vendor is genuine and new and
is not old/used one or a counterfeit product.
5. The Vendor shall ensure that the quality of the products is
genuine, brand new, and they are legally allowed to be sold in India by the Vendor.
The Vendor acknowledges that any and all liabilities arising in connection with
any defect, fault or shortcoming in the product(s) including but not limited to
infringement of intellectual property rights of any third party, shall be of
the Vendor alone and CraftFurnish shall not be liable for the same in any
manner whatsoever. The Vendor agrees to keep CraftFurnish harmless and
indemnified in this regard.
6. The Vendor shall regularly update product price and quantity
and assumes any liability for the wrong price or product quantity/availability
(in case product gets sold). CraftFurnish shall not be liable for the same in
any manner whatsoever and the Vendor agrees to keep CraftFurnish harmless and
indemnified in this regard.
7. The Vendor shall deliver the sold products to Customer using
its own fulfillment Vendor or INDIA POST- Speed Post within 72 hours after the
order has been received.
8. The Vendor shall be responsible for after-sales service for
the product and to handle any customer complaint regarding product quality and
warranties. CraftFurnish shall not be liable for the same in any manner
whatsoever and the Vendor agrees to keep CraftFurnish harmless and indemnified
in this regard.
9. All tax related liabilities and other liabilities including
but not limited to sales tax, KYC etc. relating to the sale of the product
shall be the responsibility of the Vendor. CraftFurnish shall not be liable for
the same in any manner whatsoever and the Vendor agrees to keep CraftFurnish
harmless and indemnified in this regard.
10. Strictly refrain from uploading any pornographic material,
socially and politically objectionable items, adult/mature content or products,
any other material which are of restricted nature / require licence like
alcohol etc. and any material protected by copyright, trademark, patent or
trade secret or other laws without the permission of the author or owner.
CraftFurnish shall not be liable for the same in any manner whatsoever and the Vendor
agrees to keep CraftFurnish harmless and indemnified in this regard.
11. Craftfurnish suggest to keep the product price very
competitive, time to time Craftfurnish will advise for price correction to get
12. The Vendor agrees to bear the cost of both the forward
shipping and reverse shipping for the items sold and returned due to no claim
by the buyer. The Vendor further agrees to bear the cost of two-way shipping
and restocking charges in the event of the product being delivered is
significantly different from listing description.
13. The Vendor agrees to be bound by the terms and condition to
accept the items returned by customers. We recommend Min 7 Days Return policy. Vendor
can defined their own return policies
14. The Vendor agrees to respond to RTO Orders Delivered to You within 48 hours. All RTO order will be
either be arranged by Vendor or by customer. In case of any discrepancy, you
must respond within 48 hours to CraftFurnish Vendor Support.
15. The Vendor acknowledges that all payments by CraftFurnish to
the Vendor shall be after deduction of any money due from the Vendor to
CraftFurnish including payment collection fees
against any other
& Warranties of the Vendor
The Vendor hereby represents and warrants that:
1. It has the full right, power and authority to enter into this
Agreement and perform its obligations hereunder;
2. Its execution, delivery and performance of this agreement,
and CraftFurnish exercise of rights under this agreement, will not conflict
with or result in a breach or other violation of any agreement or other third
party obligation by which it is bound;
3. It will comply with all applicable Laws in its performance of
this Agreement in connection with the offering and sale of all products and
services offered and/or sold through the CraftFurnish.
4. It has necessary legal rights to publish the products,
pictures, data and other details published by the Vendor on CraftFurnish.com
including any trademarks, logos or devices forming part of the same and is not
putting up any details as mentioned in this MOU or otherwise on
CraftFurnish.com which may result in a third party claim against CraftFurnish
or its directors, members, officers and employees or other Partners/vendors.
The Vendor agrees to defend and hold CraftFurnish and its
affiliated and related entities, and any of their shareholders, officers,
directors, agents and employees harmless from and indemnified against any
claims, lawsuits, penalties and damages arising out of any breach by Vendor of
this MOU or the representations and warranties contained in this MOU or of any
terms and conditions and/or policies of CraftFurnish as available on
CraftFurnish.com. In the event of any third party claim in relation to the
products being traded by the Vendor on CraftFurnish.com which is caused due to
default of the Vendor, the Vendor shall, on demand, pay liquidated damages to
the total value of the claim made and legal expenses incurred by CraftFurnish
in defending such claim, whichever is higher ('
The Vendor LD shall be in addition to and not in derogation of any other rights
and remedies that CraftFurnish may have under law, this MOU or equity.
In the event of a third party claim, specifically in relation to
infringement of intellectual property rights of such third party, CraftFurnish
shall be entitled to provide all details of the products, Vendor, sales
completed or pending, deliveries made as may be required by such third party or
mandated by an order or judgment of any court or other judicial or quasi judicial
authorities and Vendor shall be under an obligation to ensure that CraftFurnish
is not a made a party to any such third party claims as described herein and
shall promptly and unilaterally take adequate steps to absolve CraftFurnish
from any liability of any nature whatsoever, either present or anticipated.
Without prejudice to any other remedies BOTH PARTIES shall have
the right, at any time, to terminate this MOU forthwith, by giving a notice in
writing to the OTHER PARTY.
Law and Jurisdiction
This MOU shall be governed by and construed in accordance with
the law of India and the parties hereto submit to the exclusive jurisdiction of
the courts at Ghaziabad, India.
This MOU is being executed electronically and each Party
recognizes that the same is validly executed under the Information Technology
Act, 2000 and shall form a binding agreement between the Parties and no Party
shall claim invalidity of this MOU merely on the grounds that this MOU is being
executed electronically. For the aforementioned purposes, the Parties hereby
agree that this MOU is being concluded and executed at Ghaziabad.
Vendor shall not be entitled to assigns its rights and
obligations under this MOU without prior written consent of CraftFurnish.
Kindly accept the agreement by checking the box