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Seller’s Terms of Use

SELLER’S TERMS OF USE

This website is created and operated by M/s Healthy Happy Organic, Inc. and Healthy Happy Organic Hub Pvt Ltd, (hereinafter referred to as “We”, “Our”, and “Us”)and operating under the brand name “Healthy Happy Organic Hub” (“Brand name”). We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website “https://h2ohub.com[1] ” (“website”)

For the purpose of these Terms of use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Sellers listed on this website and who are competent to enter into binding contracts, as per the laws of India and the United States of America. “Third Parties” refer to any other website, platform or individual apart from the buyer, sellers of this website, suppliers listed on this website and the creator of this website.

GENERAL TERMS

i.The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the website.

ii.The use of this website is solely governed by these Terms, Privacy Policy and such other policies that shall be available on the website and that may be uploaded on the website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you continue to access and use this website, you are agreeing to comply with and be bound by the following Terms and Privacy Policy and all the other policies of the website.

iii.You expressly agree and acknowledge that these Terms and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

iv.You unequivocally agree that these Terms and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the website, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms and the Privacy Policy binding on you and that your act of visiting any part of the website constitutes your full and final acceptance of these Terms and the Privacy Policy.

v.We reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the website at once. Your continued use of the website will signify your acceptance of the changed terms.

 

REGISTRATION

Every Seller on this website shall duly undertake to register itself to sell through our website. For registration, you will be requested to provide us with certain information which shall be specified in the Privacy Policy. We also undertake to provide you with a feature to link your social media handles during and post-registration.

 

ELIGIBILITY

a)               You represent and warrant that you are competent and eligible to enter into legally binding agreements and that you have the requisite authority to bind yourself to these Terms and undertake to make the purchases through the website.

b)              You further represent that you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations which include you have the necessary license, permissions and certifications to sell through our website.

c)               You shall not use the website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

 

Seller Membership Plans

Sellers agrees to take any one of the membership plans provided by the company which is Standard, Preferred or Enterprise and agree that for any changes to price, benefits, term of these plans can change time to time with or without notification. If seller needs to sell both Nationally and Internationally, seller needs to purchase different memberships for the same.

Each plan benefits are best described on the website and it is at our final discretion on how each benefits in the plan are interpreted. If there is any dispute arising on this, we have right to cancel the seller membership and only refund any payments on pro-rata basis within 30 days to the same account or card from where payments are made and seller agrees with the same and does not hold us responsible and agree not to spread any public statements about the disputes and agree not to register any case against us.

 

SELLER COMMISSION TABLE

 * Local(Same Country) means, Seller has registered office in the country in which seller is selling with buyer of that country on our platform and Seller provides goods/products with in the same country.

**International means, Either Seller has no registered office in the country or Shipping occurs for the orders placed on our platform from a overseas location. i.e. From location and To Location for shipping is two different countries. To sell as International Seller, Seller needs to fulfill additional requirements of that country as well as any additional terms that company may require time to time. For international transactions, there can be additional handling charges and fee and seller agrees to pay for the same. 

Additionally, for the opening orders (not free samples) from a seller, there is an additional commission of 5%. Opening orders means the orders for first three months with a retailer where the buyer opened account with this seller for first time to start purchasing products from the seller. This we call it as “Relationship Building Phase” where buyer will try and test the products and our involvement is at the maximum to ensure success of your products as well as buyers success. Sellers agree with the same. Sellers agree to pay any additional transaction fees required by platform, payment providers, subscription providers.

# Seller can bring their existing retailers on to H2Ohub platform and for those specific retailers which sellers bring themselves onto the platform, we charge a discounted commission. This is a limited time offer. In order to get this benefit, seller needs to introduce retailer formally and retailer accepts the introduction in the form of ordering products for the seller with in three months of being referred. This discounted commission is applicable only for stores where Seller has active retail relationship which means currently retailer currently buy products from the seller at the time of referring. 

## Seller can bring their existing retailers on to H2Ohub platform and for those specific retailers which sellers bring themselves onto the platform, we charge a discounted commission. This is a limited time offer. In order to get this benefit, seller needs to introduce retailer formally and retailer accepts the introduction in the form of ordering products for the seller with in three months of being referred. This discounted commission is applicable only for stores where Seller has active retail relationship which means currently retailer currently buy products from the seller at the time of referring. In addition, for international retailer relationships, any other country level restrictions, laws and other legal requirements to be met by the seller. 

• Sellers agree to incorporate the products pricing sheet as per our requirements, and the templates may change from time to time and further agree to keep the prices up to date without failure.
• Sellers agree to keep inventory information up to date so the orders raised will be fulfilled successfully.
• Sellers agree to pay any taxes and provide any such information back to us promptly for filing the tax exemptions etc. (if there are).
• Sellers agree to renew their certifications from time to time and upload the same to our portal. If for some reason the seller has not renewed the certificate, and products reach the buyer, Seller takes responsibility to recall them and refund them immediately.
• Sellers agree to follow the regulations in that specific country where they are trading and conduct business legally. Any illegal activities, we will not take any liability, however, if found out, will remove membership immediately and we may initiate any legal action and report the same to govt on a requirement basis.
• Seller agrees to commit "lowest wholesale price" on products bought via weekly/bi-weekly/monthly/quarterly subscription!. and if found elsewhere the lower prices for the same product of the seller's brand.
• Seller onboarding form shall be filled as provided by us. We will make this available on the website, this should also be having terms stating, "every information provided here is true and is verifiable".
• In case, anytime we find this information is incorrect, we may be taking necessary action including legal action as this will have a direct impact on the quality of products. We may discontinue membership for any seller who is violating are providing false information in these forms at any time we find out.
• We evaluate each product carefully, we may display quality parameters on our e-commerce in any form that we would wish to do so, and the Seller will have to agree for the same.
• We may request samples every quarter for Seller’s products, randomly for evaluation. If the products do not meet the criteria for our quality, parameters, we may remove any product from the seller at any time.
• We may access social media handles of every brand/product/seller and gather information and reviews from the public site on the products and brand we may display the same on our site.
• We may not share our buyer information, contact, demographics with sellers.
• Sellers agree for us to use the content on their website and any other social media pages/posts of theirs for our website reviews to market their brand.
• Any personnel who join our member using their official email address which they use for doing work/business represents either seller or buyer or both. They represent their company (seller or buyer) and once they accept terms of our site, that is considered as they are accepting terms on behalf of a company.
• Misrepresentation as seller or buyer who has no authority with the company shall make us entitled to initiate legal action.
• We may have access to back end of seller profile and all the information of the seller, and seller accepts that the information can be accessed by us including login details.
• Sellers agree not to trade with the buyer without using us as platform either directly using same brand name or indirectly with any other means with out written permission from us. This shall make us entitled to initiate legal action.
• If we move our platform from one cloud or service providers to another, there can be a change in the experience,
• If the seller is not satisfied with the service and they can freely choose to cancel membership with us, and we will refund any amount taken on a pro-rate basis before 90 days.
• Any promises made by H2O personal on sales calls, marketing emails, or via any other messages including written on our website social media pages, and advertisements should be only seen for information. This cannot be claimed as legal truth or universal truth or health substitute as we may not have access to all such information to be verified even though we may strive to do this as much as possible, we are limited to being a marketplace.

Shipping and Logistics Charges:

Seller agrees to the below: 

a) By default, Seller will be charged back for logistics, warehousing and shipping charges unless stated otherwise in the product description page. Seller agrees to incorporate the cost with-in their pricing by appropriately defining the MRP/MSRP accordingly in the seller dashboard. Seller can define custom shipping policy in product description page in which buyer to pay for the shipping and logistics and offer additional discount on the product. 

b) Local returns (same country): By default, seller will be charged back for the the logistics, shipping and warehousing charges unless stated otherwise in product description page. 

c) International returns: Logistics, warehousing and shipping charges will be handled case by case basis. By default, if carrier returns the product to Seller, it will be charged back to Seller unless stated otherwise in product description page. Seller can offer additional promotions/discounts for the products to be returned.

d) If product is damaged, it will be discarded and if there is fee for discarding the product, it will be charged back to seller. Seller should consider best packaging in order to cover for this risk. If damage happens during transit, carrier terms and conditions are applicable to the seller. Seller will work with carrier to come up with the best resolution. H2Ohub will try and support at the best possible efforts. 

e) If product gets missed during transit, carrier terms and conditions are applicable to the seller. Seller will work with carrier, warehousing and/or logistics partner for most appropriate action to be initiated. H2Ohub will try and support at the best possible efforts. 

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and we have no control