Supplier Deactivation Policy has been designed to maintain standards set by Fashnear Technologies Private Limited (“the Company”). This policy also includes the cases related to violation of listing policies as well as any gross negligence or misconduct committed by the Supplier or its personnel with the Company or else reseller or customer (“User”). Capitalized words not specified herein shall hold the meaning as ascribed in the Supplier Agreement entered with the Supplier.
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MEESHO SUPPLIER DEACTIVATION POLICY
The Company reserves the right to deactivate the Supplier permanently in case of:
1. Selling Fake Products:
A supplier must ensure that all the Products listed by them are genuine and not fake or counterfeit. If in case the Supplier lists or attempts to list any fake or counterfeit products on the Application, then the Supplier shall be forthwith deactivated permanently. The Supplier must comply with Applicable Laws and shall not sell any counterfeit, parallel imports, fake, knock-off, unauthorized, or imitation products that may lead to infringement of trademark, copyright, patent or design, and other applicable intellectual property rights of any third party.
2. Violation of intellectual property rights:
In furtherance to this policy, the Supplier shall refrain from doing the following:
a) Using any brand name, trademark, logo, or tagline whether on a Product or the hand tags, package, cover, or while listing such Products, which might lead to infringement of the third-party rights.
b) Using a brand name that is deceptively similar or causes any likelihood of confusion with a brand name owned, registered, or licensed to any third party and that such use by Supplier is without any authorization from the rightful brand owner, proprietor, license holder et. al.
c) Using any brand name, trademark, or logo while listing a Product that is not rightfully owned by the Supplier or that Supplier has not been authorized/licensed to use.
d) Any other act or omission which results in a breach of intellectual property rights of the third party(s).
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3. Non-compliance with Applicable Laws:
Company shall reserve the right to permanently deactivate the Supplier in case of non-compliance with Applicable Laws of India including but not limited to privacy laws, Legal Metrology Act, 2009, IT Act, 2000 and its allied rules.
4. Violation of third-party rights and privacy rights:
Any breach of third-party rights including intellectual property rights, privacy rights or unauthorized use and disclosure of personal information or breach of privacy policy of the Company or unauthorized access or breach of Company’s data (including User’s data), shall result in permanent deactivation of the Supplier.
5. Listing Products:
The Supplier may list Product(s) for sale on the Application in accordance with Applicable Law the policies which are incorporated by way of reference in the Agreement. Supplier must be legally able to sell the Product(s) being listed for sale on the Application.
In case Supplier holds multiple accounts or has duplicate/multiple catalogs over Application then all such duplicate listings/accounts shall be delisted, and the Supplier shall be permanently deactivated by the Company.
6. Breach of Prohibited/ Restricted Products Policy:
Breach of Prohibited/Restricted Products Policy as intimated by Supplier shall result in delisting of Products from the Application and permanently deactivating the Supplier.
7. Use of Indecent or Adult Materials for Listing:
Supplier shall not list any indecent or adult/pornographic or explicit content for listing Products over Application which might be for adult use or view or might not be appropriate from minors (individuals under 18 years of age) or are prohibited as per Applicable Law. Violation of this covenant shall result in immediate de-listing of all the Products under Supplier’s portfolio/account and deactivating the Supplier, permanently.
Company shall also reserve its rights to seek relevant remedy under Applicable Law in case of any claim arising out of such use of inappropriate content for listing Products over the Application.
8. Defaulting in sale/delivery of Products:
Company reserves the right to permanently deactivate the Supplier in case of any of the following events:
a) Shipping and delivery of incorrect orders.
b) Shipping and delivery of Products which are inconsistent with the order placed by the Users in terms of weight of the Product, specifications including but not limited to dimension, color, type, model, unit, and form.
c) Delivery of incomplete orders which includes orders with missing Products, improper packaging, partially damaged Products or packages filled with irrelevant materials (such as stones, bricks for illustration).
d) Shipping and delivery of defective or damaged Products including any Product without warranty, used Products, Products which are not suitable for use or consumption.
e) Direct drop-shipping of Products to the Users.
f) In case of a high number of cancellation of orders; (i) by the Supplier on its own; or (ii) by the Company on account of Supplier’s failure to dispatch the Products after Supplier’s expected dispatch date.
9. Poor Performance:
Company reserves the right to permanently deactivate the Supplier in case of poor performance based on either single or multiple reasons as mentioned below:
a) High number of returns by the Users on account of reasons including but not limited to mis shipment, missing Products, defective or damaged Products, used or expired Products, Products not meeting the specifications and representations committed by the Supplier.
b) Products not complying with the Applicable Laws and quality standards regarding manufacturing, use and sale of Products in the Territory.
c) Bad customer feedback/review over a relevant period of time.
d) Multiple/regular/repeated customer complaints.
e) Selling Products over and above MRP or mentioning price higher than the MRP mentioned on the labels on the Product’s package.
f) Abuse of price/discounting.
g) Using sub-standard or poor-quality packaging material.
h) Any alleged or actual fraudulent activity towards the Users resulting in loss or damage to the Company’s reputation/goodwill.
i) Any abusive behaviour with Users or Company or its personnel
j) Non-payment of dues to Company or any third-party service provider involved for providing services to the Supplier.
k) Sourcing Products from sanctioned countries in contravention to the trade embargo of India.
l) Any other reasons solely attributable to the Supplier causing irreparable harm and loss to the Supplier.
10. Misconduct by the Supplier, its personnel or Users:
Company has no tolerance towards abusive, indecent, improper and gross misconduct by the Supplier or it’s personnel during the course of business or while communicating with the Company or its personnel. In case the Company finds that Supplier or its personnel indulges in any activity which results in casing harm or injury or any form of mental agony or physical harassment or abuse then Company shall deactivate the Supplier.
Furthermore, the Supplier or it’s personnel shall not indulge in any form of threat or abuse causing bodily harm or mental agony to the Company’s personnel or the Users which might lead to loss, injury, damage or claim to the Company on account of such acts or omissions by the Supplier. These acts shall include but not be limited to indecent calls, abusive e-mails, spam calls, fake advertisements and solicitations, illicit messages, and indecent and improper communication to the Company or the Users of the Application.
Supplier shall be given warning by the Company and in case the Supplier continues to act with any wilful intention to commit fraud against fellow Suppliers, Users or Company, it will lead to permanent deactivation of the Supplier.
Notwithstanding anything to the contrary contained in this policy the Company reserves the right to deactivate the Supplier temporarily in case of:
11. Fail to Ship Products
In case of Supplier’s failure to ship and deliver the Product within Supplier’s expected dispatch date(s) then the entire catalog of the Supplier shall be pulled down unless all the pending dispatches are completed by the Supplier. Any failure of the Supplier to deliver the Products post one (1) intimation by the Company shall result in temporary deactivation of the Supplier.
Supplier shall be reactivated only once all pending dispatches are completed upon sole discretion of the Company. In case of repeated default by the Supplier in this regard, the Company reserves the right to permanently deactivate the Supplier.
12. Incomplete KYC Documentation:
In case the Supplier fails to complete the Know-Your Customer (KYC) documents and that Company sends intimation to the Supplier three (3) times, then post third intimation Company shall temporarily deactivate the Supplier. In such case Supplier wishes to re-activate its engagement then it shall request the Company in writing and finish the KYC documentation thereafter.
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Sunil Kumar Sah @DigitalSunilSah
Sunil is an E-commerce Seller, Blogger, YouTuber and Digital Marketer. He is a digital enthusiast and passionate about Online Selling. He loves sharing his knowledge and experiences on eCommerce in this blog and on his Hindi YouTube Channel “Ecommerce with Sunil” and the English Channel “Ecomsprint“
