Seller platform · business.festovee.com
Seller Terms & Conditions
For sellers, manufacturers & suppliers.
1.Definitions
“Buyer” means a business user purchasing Products through the Platform. “Products” means goods you list for sale. “Listing” means the description, images, price and terms you publish for a Product. “Fees” means the commissions and charges payable to Festovee. “Settlement” means remittance of sale proceeds to you after deduction of Fees and applicable taxes.
2.Nature of relationship
Festovee operates a marketplace and intermediary that facilitates transactions between Sellers and Buyers. The contract of sale for each Product is directly between you and the Buyer; Festovee is not a party to that contract and is not the seller of the Products. You are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency (except a limited authorisation to collect payments on your behalf as described below), or employment relationship between you and Festovee.
3.Seller eligibility and registration
To register, you must be a lawfully constituted business in India, competent to contract under the Indian Contract Act, 1872, and hold all registrations and licences required for the Products you sell. You agree to provide accurate, complete and current information and to keep it updated. Festovee may accept or reject any registration at its discretion.
4.KYC and verification
Because Festovee presents Sellers as “verified”, you agree to complete know-your-customer/know-your-business verification and to submit valid documents, which may include PAN, GSTIN, business registration/incorporation documents, bank account proof, and product-specific licences (such as FSSAI, BIS or others as applicable). You authorise Festovee and its partners to verify these details, including through government databases. Providing false or forged documents is a material breach of these Terms.
5.Product listings and accuracy
You are solely responsible for your Listings, including descriptions, images, specifications, prices, stock availability, country of origin, and any statutory declarations (including those required under the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011). Listings must be accurate, not misleading, and must not infringe any third-party right. You must promptly update or remove Listings that become inaccurate or non-compliant.
6.Prohibited and restricted products
You must not list any Product that is illegal, counterfeit, hazardous, or restricted under Indian law, or that you are not authorised to sell. This includes goods prohibited or regulated under applicable laws (such as arms, narcotics, wildlife products, and other restricted items). Festovee may remove any Listing and take action against your account for violations. You are responsible for ensuring your Products comply with all applicable product-safety, labelling and regulatory requirements.
7.Pricing, taxes and invoicing
You set the price of your Products, subject to these Terms. Prices must be inclusive or exclusive of taxes as indicated, and you are responsible for charging and remitting applicable Goods and Services Tax (GST). You must issue valid tax invoices to Buyers in accordance with the Central Goods and Services Tax Act, 2017 and maintain accurate books of account. You must not engage in price manipulation or unfair trade practices.
8.Fees, commission and payment settlement
In consideration for the marketplace and facilitation services, you agree to pay Festovee the Fees (commission, listing, payment-processing, logistics and other charges) as set out in the applicable fee schedule or your seller dashboard, as amended from time to time with notice. You authorise Festovee and/or its payment partners to collect payments from Buyers on your behalf and to deduct applicable Fees, taxes, refunds, chargebacks and any tax collected at source (TCS) under Section 52 of the CGST Act, 2017 before Settlement. Settlements are remitted to your verified bank account on the settlement cycle notified on the Seller Platform. Festovee may withhold or set off amounts to cover disputed transactions, refunds, penalties or dues.
9.Order fulfilment and delivery
You must accept and fulfil confirmed Orders within the timelines specified on the Seller Platform, package Products safely, and hand them over for dispatch through the agreed logistics arrangement. You are responsible for the quality, quantity and condition of Products until they are delivered, and for providing accurate dispatch and tracking information. Repeated delays, cancellations or fulfilment failures may attract penalties, lower ranking, or suspension.
10.Returns, refunds and cancellations
You agree to honour the returns, replacement, refund and cancellation policies displayed on the Platform and any Seller-specific policy you publish, consistent with applicable law. Where a Buyer is entitled to a refund or replacement due to defective, damaged, wrong or non-conforming Products, you are responsible for bearing the associated costs, and Festovee may recover such amounts from your Settlements.
11.Seller warranties and obligations
You represent and warrant on a continuing basis that: you have the right and authority to sell the Products; the Products are genuine, safe, of satisfactory quality, and conform to their Listings and to applicable law; your Listings do not infringe any third-party intellectual-property or other rights; and you will comply with all applicable laws, including consumer-protection, tax, product-safety and labelling laws. You will not attempt to divert Buyers off-platform to avoid Fees, manipulate ratings, or engage in fraudulent conduct.
12.Intellectual property and licence
You retain ownership of your trademarks, product images and content, and grant Festovee a non-exclusive, royalty-free, worldwide licence to host, use, reproduce, display and distribute such content for operating, marketing and promoting the Platform and your Listings. The “Festovee” name, logo and Platform are owned by or licensed to Festovee and may not be used by you except as expressly permitted.
13.Confidentiality and data protection
You must keep confidential all non-public information obtained through the Platform, including Buyer personal data, and use it solely to fulfil Orders. You must comply with the Digital Personal Data Protection Act, 2023 and, in respect of Buyer personal data shared with you, act as an independent Data Fiduciary or Data Processor as applicable. You must not use Buyer data for unsolicited marketing or any purpose other than fulfilling the transaction, and you must implement reasonable security safeguards.
14.Liability and indemnity
To the maximum extent permitted by law, Festovee shall not be liable to you for any indirect, incidental, special or consequential damages, or loss of profits, arising from your use of the Platform. Festovee’s aggregate liability to you shall not exceed the total Fees received by Festovee from you in the three (3) months preceding the event giving rise to the claim. You agree to indemnify and hold harmless Festovee, its affiliates, officers and employees from and against any claims, damages, losses, liabilities and expenses (including legal fees) arising out of your Products, your Listings, your breach of these Terms or any law, or any claim by a Buyer or third party relating to your Products.
15.Suspension, delisting and termination
Festovee may, with or without notice, suspend, delist or terminate your account or any Listing if you breach these Terms, provide false information, list prohibited Products, receive excessive complaints, engage in fraud, or where required by law. On termination, pending Orders must be fulfilled, and Settlements may be withheld pending resolution of disputes, refunds or dues. Provisions relating to fees, liability, indemnity, confidentiality and governing law survive termination.
16.Force majeure
Neither party shall be liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics/pandemics, war, civil unrest, strikes, and failures of telecommunications, internet or governmental action.
17.Grievance redressal
The Grievance Officer for Seller-related complaints is:
- Grievance Officer
- Mr. Divyank Kakkar, Director
- Company
- Festovee Internet Private Limited
- d@festovee.com
- Seller support
- support@festovee.com
- Address
- Dehradun, Uttarakhand, India – 248002
Complaints will be acknowledged within forty-eight (48) hours and resolved within one (1) month of receipt.
18.Governing law and jurisdiction
This Agreement is governed by the laws of India. The courts at Dehradun, Uttarakhand shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement or your use of the Seller Platform.
19.General provisions
This Agreement, together with the Seller Privacy Policy, fee schedule and referenced policies, constitutes the entire agreement between you and Festovee regarding the Seller Platform. If any provision is held invalid, the remainder continues in effect. No waiver is implied by non-enforcement. Festovee may amend these Terms by posting an updated version with a new Effective Date; continued use constitutes acceptance. You may not assign this Agreement without our consent; we may assign to an affiliate or successor.
This document has been prepared for Festovee Internet Private Limited and reflects the position of Indian law as at the Effective Date. It is intended for review by qualified legal counsel and completion of any placeholders before publication. It does not by itself constitute legal advice.
