This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website www.onewholesale.in(“Website”), including the related mobile application (hereinafter referred to as “Platform”). This document is providing e-commerce platform between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a commercial purpose only and the Happiness Under Budget Retail Pvt Ltd. (referred to as “we”, “our” or “OneWholesale” hereinafter). You acknowledge and agree that the Platform is a business to business (B2B) platform and provides services to business entities only.
This document, as well as the Platform's other rules and policies are referred to as the "Terms" below. We reserve the right to update, modify, add, or remove portions of these Terms at any time without previous written notice to you, at our sole discretion. User agrees to accept and be bound by the Terms by accessing, browsing, or otherwise using the Platform or Services, including following the publication of revisions (as may be amended from time to time). It is your duty to check these Terms for any modifications or changes on a regular basis. If you do not accept or are unable to be bound by the Terms, please do not use the Services or use the Platform.
You must read and understand the OneWholesale Privacy Policy, which governs the collection, use, and disclosure of personal data concerning Users. You agree to the Privacy Policy’s terms and to the use of your personal information in accordance with the Privacy Policy.
Users who are able to make legally binding contracts under the Indian Contract Act, 1872, can utilize and access the Platform. Any sole proprietor, firm, company, corporation, government, state, or agency of a state, or any association, trust, joint venture, consortium, or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India shall be considered a "person" for the purposes of these Terms.
The Platform and its Services may not be used for personal purposes, and the Platform may only be used for business purposes by the User.
User Account and Registration Obligations :
To access or use the Services for commercial purposes, the user must first register on the Platform. You agree and accept that you will only use the Platform for business objectives, not for personal gain. A User may only register one account on the Platform unless OneWholesale approves it.
If OneWholesale has cause to believe that a User has registered or controlled two or more accounts at the same time, OneWholesale may cancel or terminate the User's account. Furthermore, OneWholesale reserves the right to reject User's registration application for any reason without assigning a reason.
A single account has its own set of user IDs and OTP (One Time Password)/password. Any action taken on the Platform through your user account or by using the unique OTP will be regarded authorized by you and with your express consent. You are solely responsible for keeping your user ID and password secret and secure, as well as for any actions that occur under your account.
When creating a User account on the Platform , you will be asked to enter information about yourself and your business, such as your business name, GSTIN, PAN, TAN, Udyog Aadhar, Photo of shop, address, phone number, and/or any other information that OneWholesale may want in reference to your business. You accept and recognize that we may validate the information you give on the Platform directly or through a third-party service provider. You agree to supply us with further information and documentary proof as we may seek from time to time in order to verify your user account details.
You agree that all activities that occur under your account will be deemed to have been authorized by you (including, without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform, and other communications).
When you use the Platform, you are communicating with OneWholesale via electronic means. OneWholesale may contact with you via e-mail, SMS, WhatsApp messages, or other forms of messaging, phone call, or by posting announcements on the Platform or delivering in-app notifications, among other methods. You consent to receive communications (including transactional, promotional, and/or commercial messages) from OneWholesale in the aforesaid way for contractual purposes, and your continuous use of the Platform will be deemed your agreement and consent to receive any communications from OneWholesale.
If any of the information you give is deemed to be erroneous or misleading, OneWholesale reserves the right to take the appropriate action as set forth in Clause 1 of these General Terms for provision of service. You agree that we may share your information with such third-party service provider for the purposes of verifying your account details, in compliance with the Privacy Policy's conditions. We retain the right to contact you for further information about yourself and your business at any time, and you agree to give such information in order to continue using the Platform.
Agree that You will not (a) copy, reproduce, download, republish, sell, distribute, or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc. available on or through the Platform (the "Platform Content"), and (b) you will not copy, reproduce, download, compile, or otherwise use any Platform Content for the purpose of operating a business that competes with OneWholesale.
You agree that you will only use the Services for commercial reasons, such as the sale or purchase of things for further distribution or sale. You also agree not to use the Platform or any of its Services for your own personal use or consumption. You agree not to take any action that could jeopardize OneWholesale’s feedback system's integrity.
You acknowledge, agree, and confirm that your use of the Platform will be governed by the following binding principles:
You are not permitted to host, display, upload, change, publish, transmit, update, or share any data that:
Users use the Platform to meet and communicate with one another in order to complete transactions. OneWholesale is not and cannot be a party to or regulate any transaction between Platform Users in any way.
If a User violates any of the Terms, or if OneWholesale has reasonable grounds to believe that a User has violated any of the Terms, or could expose OneWholesale or its affiliates to liability, or is otherwise found inappropriate or unlawful in OneWholesale 's opinion, OneWholesale shall have the right to take such disciplinary actions as it deems appropriate, including, but not limited to:
Notwithstanding anything else in these Terms, OneWholesale reserves the right, with or without notice and in its sole discretion, to suspend, reduce the visibility of product listings, de-activate, or de-list any product listings or User's account for any reason, including, without limitation, economic constraints, operational difficulties, financial implications, User behaviour on the Platform, User performance on the Platform, and so on.
If a User becomes inactive or if no transaction is detected by OneWholesale, OneWholesale reserves the right, in its sole discretion, to delist, deactivate, or suspend a User's account, with or without notification to the User.
OneWholesale reserves the right to fully cooperate with governmental authorities, private investigators, harmed third parties, and/or any third parties alleging a claim against you in the investigation of any suspected criminal or civil activity. OneWholesale may also reveal the User's identification and contact information if asked by a third party, such as a government or law enforcement agency, an injured third party, or in response to a subpoena or other legal action.
If it comes to the knowledge of OneWholesale or OneWholesale reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, OneWholesale shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.
The service, its original content (excluding user-provided content), features, and functionality are and will remain the sole property of Happiness Under Budget Retail Pvt Ltd.( OneWholesale) and its licensors. The service is protected by copyright, trademark, and other laws. Without the prior written consent of Happiness Under Budget Retail Pvt Ltd.( OneWholesale), our trademarks may not be used in connection with any product or service.
You are a duly incorporated business entity and are fully capable and competent to understand and agree to the Terms; you have full power and authority to accept the Terms, grant the license and authorization (if applicable), and perform the obligations set forth herein.
You will only use the Platform and the Services for business purposes only.
You will not use or access the Platform for personal purposes, and any Products you purchase will be for commercial purposes rather than personal consumption;
As part of the registration process on the Platform or your use of any Service or the Buyer account, Buyer will be required to provide information or material about Buyer's entity, its business, services, or products, and such information may be required to be furnished by OneWholesale from time to time. Buyer represents, warrants, and agrees that: such information and material, whether submitted during the registration process or thereafter during the use of the Platform or any Services, is true, accurate, current, and complete; and Buyer will maintain and promptly amend all information and material to keep it true, accurate, current, and complete. Buyer consents to the inclusion of Buyer's contact information in OneWholesale 's database and its use in accordance with OneWholesale 's privacy policy.
The address you provide when registering your account on the Platform is the Buyer place of business of your business entity; your business is validly existing and incorporated / established in accordance with applicable laws; and you will comply with all applicable laws while using and accessing the Platform.
You must ensure that you and any Products or Services you provide on the Platform (if any) comply with all applicable laws; you are solely responsible for obtaining all necessary third-party licenses and permissions (if any) for any User Content that you submit, post, or display.
Any User Content submitted, posted, or displayed by Buyer does not infringe or violate any third party's copyright, patent, trademark, trade name, trade secrets, or other personal or proprietary rights.
- After placing the Order on the Platform, the Buyer may choose to pay for the Products purchased using payment methods made available by us on the Platform.
- Cash on delivery, debit cards, credit cards, UPI, wallets, and other payment methods are available.
- Cheques and Demand Drafts are not accepted.
- A copy of your invoice will be provided at the time of delivery.
- Delivery time may be delayed due to unavoidable circumstances such as heavy traffic congestions, road blocks, natural disasters, or other unforeseeable circumstances.
- The Buyer is responsible for collecting his ordered items from his doorstep.
- If a Buyer places an order and the product becomes suddenly unavailable from the market, lummang.com reserves the right to cancel the order and provide a refund if payment has already been made by the customer.
- Although product images may differ from the original, we make every effort to display available products as accurately as possible, including colour, shape, size, and appearance. However, the actual colour, size, shape, and appearance may differ slightly from the representation on your mobile/computer screen.
- The Buyer may cancel his or her ordered product item before it is assigned for delivery as post which it should not be considered and the customer will not be permitted to cancel the order.
- We reserve the right to use third-party service providers to provide you with Logistics Services.
- Upon receipt of your order for Logistics Services, we will pick up the shipment from the location communicated to us by the Seller and deliver it to the location designated by you. You agree that title and risk in the Shipment pass to you at the time it is picked up by us.
- Shipments addressed to a post office box number or with an incomplete address will not be delivered and will be rejected. While every effort will be made to meet the delivery deadline, the shipment may be delayed due to circumstances beyond our reasonable control or due to a force majeure event.
- If, in our reasonable opinion, the performance of our obligations is or is likely to be hampered, risked, delayed, difficult, or disadvantageous in any way and cannot be avoided by our reasonable efforts, we may, on giving you notice in writing or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient.
- We issue refunds for the damaged (During transport only) Products / items within 21-45 days of the original purchase.
- Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies. We will charge the Buyer for Logistics Services, and unless otherwise specified, all such charges will be exclusive of Goods and Services Tax.
- The fees for using the Logistics Services will be displayed in the Platform's Rate Card section, and they may be changed or amended at any time at our sole discretion and without prior notice. It is Buyer's responsibility to check on such charges on a regular basis.
- Any taxes, duties, or levies applicable at the time of entry, as well as any other charges levied by any central/state/local authorities wherever applicable, are additional and must be paid by the Buyer.
- The charges will be subject to applicable taxes in accordance with applicable laws. Buyer shall deduct applicable income tax from amounts payable to OneWholesale if required by applicable law, except where OneWholesale submits a nil/reduced withholding certificate. Buyer is responsible for remitting withholding taxes to the appropriate tax authorities and allowing OneWholesale to claim a tax credit by providing an appropriate and timely certificate of withholding as required by applicable law.
- OneWholesale reserves the right to charge additional fees for any additional services purchased by the Buyer from OneWholesale. OneWholesale may enter into a separate bi-partite contractual arrangement with the Buyer to provide such additional services. OneWholesale reserves the right to levy a penalty or late payment charges if the Buyer fails to clear any dues owed to OneWholesale.
As a registered seller, you may list item for sale on the Platform in accordance with the Policies, which are incorporated by reference into these Terms of Service. You must have the legal right to sell the item you list for sale on our Platform. You must ensure that the listed items do not infringe on third-party intellectual property, trade secret, or other proprietary rights, as well as publicity or privacy rights. Listings are limited to text descriptions, graphics, and images that describe your item for sale. On the Platform, all listed items must be placed in the appropriate category. All of the items on the list must be kept in stock in order for sales to be fulfilled successfully.
On the Platform, all listed products must be placed in the appropriate category. All of the listed products must be kept in stock in order for sales to be fulfilled successfully. You agree to follow the listing guidelines that OneWholesale may communicate to you from time to time.
The item's listing description must not be misleading and must accurately describe the product's condition. If the item description does not correspond to the actual condition of the item, you agree to refund any amounts received from the Buyer. You agree that you will not list a single product in multiple quantities across multiple categories on the Platform. OneWholesale reserves the right to remove multiple listings of the same product in different categories that you have created.
We will provide Sellers with Payment and Settlement Services in connection with each transaction on the Platform. We will settle the payments received from the Buyer at the time of actual delivery of the order(s) to the designated bank account of Seller. Settlement will be done in 2 (two) bank working days from the date of delivery of Consignment to the Buyer registered bank account number. In the event that Buyer makes a return request, or makes a claim or disputes, we reserve the right to withhold payment to Seller until such return requests, claims, or disputes are resolved.
Where the Buyer makes online payments at the time of placing the order with the Seller or prior to the delivery of the Consignment, such payments shall be transmitted to the designated bank account of the Seller.
It is the seller's responsibility to provide their correct GST registration number, against which the tax collected at the point of sale (under GST laws) must be reported by us. We will not be held liable for incorrect GST registration number disclosures and the resulting loss of tax collected at source credits in the hands of the seller. If any tax, interest, or penalty is imposed on us as a result of the Seller's incorrect disclosure of information, the Seller shall indemnify us for such tax, interest, or penalty as may be imposed by the GST authorities.
We shall have the right to deduct or recover, as applicable, tax deducted at source ("TDS") as may be applicable under the applicable provisions of the Income Tax Act, 1961 (as amended from time to time) and as determined by us in our sole discretion on transactions and/or payments made through or facilitated by the Platform.
We will provide certificate(s) evidencing and/or supporting the deposit of TDS in the prescribed format in accordance with the provisions of the Income Tax Act, 1961, in respect of TDS deducted and/or recovered (as may be amended from time to time).
It is clarified that we will be entitled to rely on the Permanent Account Number ("PAN") and any other information provided to us for this purpose, and we will be under no obligation to validate or verify the same. In the event that any liability arises as a result of incorrect or incomplete particulars/details provided by Seller to us, including interest, penalty, or any other levies, we reserve the right to recover the same from the Seller at our sole discretion.
Seller consents to the inclusion of the contact information about Seller in OneWholesale’s database and usage of the same as per Privacy Policy.
All information provided by you or someone acting on your behalf relating to the Shipment(s) is complete and accurate; the Shipment(s) is properly and sufficiently prepared, packed, stowed, labelled, and/or marked; the Shipment(s) is packed in a manner adequate to withstand normal handling or storing while transporting; and the Shipment(s) is in compliance with all applicable laws, regulations, and requirements.
Seller will be required to provide information or material about Seller’s entity, its business or Products/services as part of the registration process on the Platform or your use of any Service or the Seller account.
Seller represents, warrants and agrees that: such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and Seller will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
The Seller shall ensure that the Consignment contains no letters of communication that violate the Indian Postal Act, 1983 or any other applicable laws. We accept Consignment in good faith that it does not contain anything that will infringe or violate any applicable laws.
If the Seller books more than one Consignment to the same Buyer, the Seller must ensure that the Buyer's full address is written on all Consignments. The Seller shall not include in the Shipment any cash, digital currency, high-value gift items, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product prohibited by applicable laws.
If Dangerous Goods or any goods prohibited by applicable laws are discovered in the Shipment and pose a risk to other goods, property, life, or health, such Shipment may be destroyed or otherwise dealt with without notice at our sole discretion and at your risk and expense. In this regard, you agree to fully indemnify and hold us harmless from any and all penalties, claims, damages, losses, costs, and expenses (including but not limited to legal expenses) arising in connection with any such Products.
Seller is solely responsible for declaring the correct value of the Consignment. Seller shall be solely responsible for ensuring that the Consignment is delivered to us within the time slots specified by us. If the Seller does not hand over the Shipment within the time frame specified, the Seller will be charged an additional fee for our second attempt to take the Shipment. These fees will be displayed on the Platform.
Sellers must interact professionally with OneWholesale 's pickup and delivery associates.
Misbehaviour, unprofessional conduct, and verbal and physical abuse are all prohibited and will be treated as a violation of these Terms. If a Seller is found to be in violation of this clause, OneWholesale reserves the right to revoke selling privileges at its sole discretion.
For Products sold by the Seller to the Buyer, the Seller shall be solely responsible for issuing invoices directly to the Buyer. If any governmental or regulatory authority imposes a penalty on us as a result of Seller's non-compliance with applicable laws, including, without limitation, the non-availability of invoices with the Consignments, Seller agrees to indemnify us for any costs, losses, liabilities, penalties, or expenses that we may incur. We will not be held liable if the Seller fails to comply with this clause.
In addition to these Terms, the Seller agrees to be bound by the terms of the Undelivered Shipment Policy and Return Shipments Policy, as amended from time to time, in the event of an undelivered Shipment or a return of Shipment.
Seller acknowledges and understands that in the event of a Reverse Shipment (as defined in the Return Shipments Policy), such Shipments/Products will be handled as follows:
We reserve the right to use third-party service providers to provide you with Logistics Services. We will pick up the shipment from the location communicated to us by the Seller and deliver it to the location designated by you upon receipt of your order for Logistics Services. You agree that title and risk in the Shipment pass to you at the time it is picked up by us.
Shipments containing Dangerous Goods or goods expressly prohibited by the railway/airport authority or any other transport agency or government authority, or any other applicable law or regulation, will not be accepted for delivery by us. Shipments addressed to a post office box number or with an incomplete address will not be delivered and will be rejected.
We reserve the right to weigh and measure the Shipment at our own weighing centres, and if there is a discrepancy, additional charges may be imposed on the Shipment. Any decision made by us regarding any inaccuracy in the information or weight discrepancy is final, and you hereby authorize us to determine the accurate weight on your behalf.
We will not be liable for any loss incurred as a result of shipment confiscation by any government agency due to a lack of proper documents or inaccurate information provided to us.
The consignee(s) must be courteous to the OneWholesale pickup and delivery associates. Shipments are delivered 'as is,' and we are under no obligation to inspect the contents of the shipment unless otherwise agreed. We may, however, inspect the contents of Shipment at any time and without notice to you, in our sole discretion, to ensure compliance with these Terms. For any of the Shipments, we do not offer open box delivery.
Every effort will be made to meet the delivery deadline; however, the shipment may be delayed due to circumstances beyond our reasonable control or a force majeure event.
If, in our reasonable opinion, the performance of our obligations is or is likely to be hampered, risked, delayed, difficult, or disadvantageous in any way and cannot be avoided by our reasonable efforts, we may, upon giving you written notice or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient. We may, in our sole discretion, charge additional costs for carriage to, delivery to, and storage at, such location, as well as all other expenses incurred by us in this regard, and such additional costs will be as displayed on the Platform.
We shall have no liability for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the inadequacy of the packing or labelling of the Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labor. Each Seller agrees to indemnify OneWholesale, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Platform or any of the Services;(iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any of the service availed by you from a third party service provider using the Platform; (v) any liability or defect in the Products offered/ listed for sale on the Platform; (vi) your negligence or wilful misconduct; (vii) any sale or offer of sale of counterfeit or fake Products on the Platform or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the Products; (viii) any alleged or actual personal injury, death or property damage suffered by OneWholesale arising from the supply or sale of Products by Seller; and/or (ix) any claim by a third Party or Buyer made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of Products.
The posting of counterfeit products on the OneWholesale Platform is strictly prohibited by Happiness under Budget retail Pvt Ltd. ("Platform", "We", " OneWholesale "). Intended to sell products over the Platform (the "Seller"), either directly or on your behalf, by accessing, browsing, or otherwise using the Platform, or by using services that feature a product list. Those who are willing to accept and be held by them, as long as they follow the anti-counterfeiting policy to the letter. A product that has been counterfeited, duplicated, unlawfully created, duplicated, counterfeited, replicated to claim the original, or that may infringe on a third party's intellectual property rights is referred to as a "counterfeit."
OneWholesale maintains the right to remove, restrict, or limit offerings containing counterfeit products, as well as those that violate the Platform's Terms of Service and Product List Policy. Only after evaluating the transaction status of the brands they want to list on the platform may each seller on the platform publish information or listings. The seller, in this situation, produces invoices and other associated papers to confirm the authenticity of the products on the list and submit a notary's statement that the things on the list are genuine. It's possible that you'll be asked to do so. Genuine. Your list of vendors may be stopped or cancelled if you do not submit the required documentation within 72 hours. If you discover that the vendor's offer contains counterfeit goods, you have the option to take any action you want, including withholding or confiscating money from the seller, as well as any measures considered necessary. This is done without liability and without compromising the rights, legal remedies, or defences of the Platform, all of which are expressly reserved by OneWholesale. Sellers offering such counterfeit goods may also be initiated by a third party right holder, independent of civil and criminal proceedings.
Procedure for Making Claims of Right Infringements :
We regard third parties Mental Property Rights. On the off chance that your rights are being encroached, you inform us by E-mail. After getting mail the notice shape, we may take certain steps, such as informing you of encroaching substance or erasing data, without compromising your rights, cures, or resistances. All of these are marked with an asterisk (*). Third-party submissions should be noted that they are housed only on OneWholesale and are only published by third-party suppliers who can be contacted through the User Information page, which is available from any entry. Important Note: If you provide fraudulent, deceptive, or inaccurate information on the OneWholesale notification form, you may face civil and/or criminal prosecution. Please seek your legal counsel if you have any questions. You may submit the Notice by email if you believe that information on the OneWholesale is infringing on your rights.
E-mail us on: [email protected]
SUB :- Claims of Right Infringements