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  • Terms of Use (ToU) for Sellers

    This document is an electronic record in terms of Information Technology Act, 2000 (IT Act, 2000) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.flipkart.com website.

    The domain name www.flipkart.com (hereinafter referred to as 'Website') is owned by Flipkart Internet Private Limited (hereinafter referred to as 'Flipkart'), a company incorporated under the Companies Act, 1956, with its registered office at Vaishnavi Summit, Ground Floor, 7th Main, 80 Feet Road, 3rd Block, Koramangala Industrial Layout, Koramangala, Bangalore 560 034, Karnataka, India.

    For the purpose of the Terms of Use (hereinafter referred to as ToU), wherever the context so requires, you and your shall relate to any natural or legal person who has agreed to become a seller on the Website by providing registration data while registering on the Website using computer systems. The word user shall collectively imply a seller, a buyer, and any visitor on the Website and the terms we, us and our shall mean Flipkart.

    Your use of the Website, services, and tools is governed by the following terms and conditions (ToU) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Flipkart, and these terms and conditions including the policies constitute your binding obligations to Flipkart.

    When you use any of the services provided by us through the Website -- including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we

  • grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

    ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU, SO PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by Flipkarts policies (including but not limited to Privacy Policy), as amended, from time to time.

    Seller Eligibility

    The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. Flipkart reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Flipkarts notice or discovered that you are under the age of 18 years.

    If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

    Your Account and Registration Obligations

    If you use the Website, you shall be responsible for maintaining confidentiality of your display name and password and all activities that occur with the use of your display name and password. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.

    Communications

    When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

    Platform for Transaction and Communication

    The Website is a platform that users utilize to meet and interact with one another for their transactions. Flipkart is not and cannot be a party to or control in any manner any transaction between users on the Website.

  • Consequently:

    1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Flipkart does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

    2. Flipkart does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. Flipkart does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Flipkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    3. Flipkart is not responsible for any non-performance or breach of any contract between you and buyers. Flipkart cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Flipkart shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

    4. Flipkart does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.

    5. Flipkart does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.

    6. At no time shall Flipkart hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Flipkart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

    7. The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Flipkart only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer. At no time shall Flipkart hold any right/title to or interest in the items nor have any obligations or liabilities in respect of such a contract. Flipkart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable or back-ordered.

    8. You shall independently agree upon the manner, terms, and conditions of delivery, payment, insurance etc. with the buyers you transact with.

  • 9. You release and indemnify Flipkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Flipkart cannot control the information provided by other Users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

    Use of the Website

    You agree and understand and agree that Flipkart and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Flipkart neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Flipkart has no control over the third party user generated contents. Flipkart is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.

    You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

    1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    (a) belongs to another person and over which you have no right;

    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of anothers privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    (c) is misleading in any way;

    (d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

    (e) harasses or advocates harassment of another person;

    (f) involves the transmission of junk mail, chain letters, unsolicited mass mailing, or spamming;

  • (g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

    (h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];

    (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

    (j) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);

    (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

    (m) contains videos, photographs or images of another person (with a minor or an adult);

    (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;

    (o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of virtual items related to the Website without our prior written consent. Throughout the ToU, Flipkarts prior written consent means a communication coming from the Flipkarts Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

    (p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

    (q) interferes with anothers use and enjoyment of the Website;

    (r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of ToU;

    (s) harms minors in any way;

  • (t) infringes any patent, trademark, copyright, proprietary rights, third-partys trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

    (u) violates any law for the time being in force;

    (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    (w) impersonates another person;

    (x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiouslyintercept, or expropriate any system, data, or personal information;

    (y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or, prevents investigation of any offence, or is insulting any other nation;

    (z) shall not be false, inaccurate, or misleading;

    (aa) shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

    (ab) shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (ISPs) or other suppliers.

    2. You shall not use any deep-link, page-scrape, robot, spider, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.

    3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password mining, or any other illegitimate means.

    4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website

  • that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.

    5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name, or domain name used by us, including the terms Flipkart, Flyte, Digiflip, Flipcart, flipkart.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Flipkart or sellers on the platform or otherwise tarnish or dilute any Flipkart trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Flipkarts systems, networks, or any systems or networks connected to Flipkart.

    6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other persons use of the Website.

    7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.

    8. You may not use the Website or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and/or others.

    9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.

    10. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other

  • rights you have in your information or in any media now known or not currently known with respect to your information. We will only use your information in accordance with the ToU and Privacy Policy applicable to the use of the Website.

    11. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the website in any manner.

    12. You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website or us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the ToU to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation, response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    We reserve the right, but have no obligation, to monitor the material posted on the Website. Flipkart shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Flipkarts views. In no event shall Flipkart assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

    13. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable

  • for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.

    14. It is possible that other users (including unauthorized persons or hackers) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

    15. Flipkart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

    Selling

    As a registered seller, you may list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Flipkart reserves the right to delete such multiple listings of the same product listed by you in various categories.

    Content Posted on the Website

    All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively content) are third-party generated content and Flipkart has no control over such third-party generated content as Flipkart is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server,

  • website or other medium for publication, distribution or any commercial enterprise without Flipkarts prior written consent.

    You may use the information on the products and services purposely made available on the Website for downloading provided you:

    (1) do not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media; (3) make no modifications to any such information; and

    (4) do not make any additional representations or warranties relating to such documents.

    You shall be responsible for any content posted or transmitted on the Website. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to -- consistent with our privacy policy as adopted in accordance with applicable law -- use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us -- consistent with our privacy policy and rules of conduct on the Website as mentioned herein -- and you are not entitled to any payment or other compensation for such use.

    Limited License

    Flipkart grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Flipkart" and/or Flipkart.com name and/or logo on sellers invoice for transactions concluded on the Website. Further, Flipkart grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use Flipkart.com name and/or logo on packing material used by Seller for delivery of Products sold on the Website.

    Privacy

    We view protection of your privacy as a very important principle. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on http://www.flipkart.com/s/privacypolicy. If you object to your information being transferred or used in this manner, please do not use the Website.

  • We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow this privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.flipkart.com or with third party merchant's or third party merchant's website.

    Types of Sellers

    Preferred Seller

    In case of multiple sellers selling same product, the preferred seller is one who is shown at the top of the sellers list. This is computed based on the following parameters:

    -- defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller); and

    -- last successful sale (it is applicable to only those sellers who have successfully completed 30 orders)

    -- or such other parameters as may be specified from time to time

    Trusted Seller

    Sellers trusted by Flipkart to sell have a Flipkart trusted-seller badge associated with them. Sellers become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time

    Qualified Sellers

    Qualified sellers on Flipkart have exclusive features like Wallet, Store credit, Gift card, and more. Sellers become eligible if they meet the following criteria:

    -- less than 5% of defect rate consistently for more than 6 months; and

    -- selling in all the categories listed on Flipkart;

    -- or such other parameters as may be specified from time to time.

    The final call on trusted and qualified sellers is Flipkarts sole discretion.

    Payment

  • 1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Flipkart liable or responsible for nondelivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website.

    2. You have specifically authorized Flipkart or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Flipkart is on a principal to principal basis and by accepting the ToU, you agree that Flipkart is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. Flipkart does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

    3. You understand, accept, and agree that the payment facility provided by Flipkart is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through cash on delivery (CoD), collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Flipkart neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

    Payment Facility for Sellers:

    You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, seller will solely be responsible for undertaking transit insurance for products sold on the Website. For avoidance of doubt, Flipkart will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website.

    A seller shall provide dispatch details to Flipkart in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

    A seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate proof of dispatch & proof of delivery (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to Flipkart on demand within the time frame as notified from time to time.

    A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.

  • In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.

    A seller agrees that the transaction price paid by a buyer will be remitted to a sellers bank account contingent upon the following events:

    a) a buyer confirms the delivery of products and/or services in the transaction;

    b) a buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

    c) a buyers refund claim is rejected by Flipkart due to any breach of the ToU, policies, and any applicable law;

    d) remittances to a seller for successful transactions under the payment facility, excluding CoD transactions, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (RBI Intermediary Guidelines).

    e) Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below:

    Step Action Item Days

    1. Seller to procure and ship the product(s) sold 1 - 21 days

    2. Logistics partner to ship and deliver the product(s) sold (post step 1)

    2 - 7 days

    3. Buyer to confirm or return the product(s) (post step 2) 1 - 30 days

    Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

    Remittances to a seller for CoD transactions shall be made through cheque/ demand draft or online bank transfer to the sellers bank account in accordance with above said transaction timelines prescribed in clause (e) hereinabove.

  • Charges

    Registration on the Website is free. Flipkart does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Flipkart reserves the right to change its fee policy from time to time. In particular, Flipkart may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Flipkart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Flipkart. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Flipkart.

    Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

    Rules for Express Remittance for Qualified Sellers

    1. A seller agrees that Flipkart may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Flipkart, at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Flipkart reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Flipkarts policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Flipkart from time to time.

    2. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, a seller shall ensure that invoices state Powered by Flipkart and failing to do so, a seller shall be liable to chargebacks (as applicable).

    3. In case of any chargebacks levied by the bank, Flipkart shall have the right to deduct such chargebacks from seller remittances, present and future, and a sellers only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Flipkart shall be entitled and authorized to recover the same from the seller to its fullest extent and the banks decision shall be final and binding in this regard. In the event Flipkart has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Flipkart to the Seller.

  • 4. Flipkart may delay notifying the payment confirmation, i.e. informing seller to dispatch if Flipkart deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Flipkart may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.

    5. Sellers and buyers acknowledge that Flipkart will not be liable for any damages, interests , claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Flipkart.

    6. Flipkart shall make payments into the bank account provided by a seller during the seller registration process. Once Flipkart has made payments into such a bank account number, Flipkart shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

    Compliance with Laws:

    7. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Flipkart Website.

    8. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

    Wallet

    The Wallet is a prepaid payment instrument which is associated with your account. You can maintain a balance of money with buyers (if permitted) and redeem it at your convenience. Please note that you will be the issuer of Wallet and you shall be responsible for redeeming the money lying in buyers Wallet account and Flipkart does not assume any risk, liability or responsibility with respect to Wallet money. You will not pay any interest on the amount maintained by a buyer in the seller-specific Wallet.

    Refund of Wallet Amount

    Wallet comprises three types of balances store credit (which is a credit granted by us typically in lieu of a cancelled order), topped-up balance (which is a prepaid amount that a

  • buyer adds to the Wallet to pay for future orders on the Website) and promotional balance (which is a credit granted by us purely for promotional or goodwill purposes). Topped-up balance as well as promotional balance added to the Wallet will be non-refundable, while store credit will continue to be entirely refundable.

    Digital Content: Music

    Music (MP3 format): Only certain short listed sellers (at the sole discretion of Flipkart) shall be entitled to sell music (MP3 format) on the Website. Buyers may be able to purchase DRM-free digital music in MP3 file format on the Website from respective sellers. Such MP3 music files shall be provided to buyers, as per selection provided by sellers, subject to certain limitations as described by sellers. Buyers shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features as may be provided on the Website by respective sellers from time to time.

    Territory: Currently buyer can purchase downloadable digital MP3 music only through the Website and Flyte Music Application, as may be made available from time to time on the Website only within the territory of India.

    Intellectual Property Rights: It is hereby specifically recorded that the copyright and other intellectual property on music available on the Website is the sole and exclusive property of third parties. Sellers represent and warrant that sellers are authorized by such third parties to upload music on the Website for license of use to end customers. Intellectual property rights for the purpose of the ToU shall always mean and include copyrights, whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs -- both industrial and layout -- geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights and infringement rights. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Flipkart as the owner of such domain names. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of users and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

    Product Description

    Flipkart does not warrant that product description or other content on the Website is

  • accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

    Breach

    Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:

    1. if you breach the ToU, privacy policy or other policies (if any);

    2. if we are unable to verify or authenticate any information you provide; or

    3. if it is believed that your actions may cause legal liability for you, other users, or us.

    We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

    Indemnity

    You shall indemnify and hold harmless Flipkart its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

    Trademark complaint

    Flipkart respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Flipkart at [email protected] or [email protected].

    Copyright complaint

    Flipkart respect the intellectual property of others. In case you feel that Your work has been copied in any way that constitutes copyright infringement you can write to Flipkart at [email protected] or [email protected].

  • Trademark, Copyright and Restriction

    The Website is controlled and operated by Flipkart and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute other sellers material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

    Limitation of Liability

    IN NO EVENT SHALL FLIPKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF FLIPKART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Applicable Law

    The ToU shall be governed, interpreted, and construed in accordance with the laws of India.

    The place of jurisdiction shall exclusively be Bangalore.

    Jurisdictional Issues/Sale in India Only

    Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Flipkart makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Flipkart is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

    Contact Us

    Please send any comments or questions, including all enquiries not related to copyright infringement, on the Website to [email protected].

  • Grievance Officer

    In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

    Mr. Chinnappa Karumbaiah Kuppanda

    Flipkart Internet Private Limited

    Ozone Manay Tech Park, #56/18 & 55/09, 7th floor

    Garvebhavipalya, Hosur Road, Bangalore- 560068

    Karnataka, India

    Phone: +91- (0)8049129010

    Email: [email protected]

    Time: Mon Sat (9:00 18:00)

    POLICIES

    Profanity Policy

    Flipkart prohibits the use of language that is racist, hateful, sexual, or obscene in nature in a public area.

    This policy extends to text within listings, seller pages, and all other areas of the Website that other users may view. If the profane words are part of a title for the item being sold, we allow sellers to 'blur' out the bulk of the offending word with asterisks (e.g. s*** or f***).

    What to do

  • Please report any violations, like the ones listed below for review:

    -- Offensive display names

    -- Offensive language in a listing or otherwise

    -- If a feedback comment, any communication made among users on the Website, or email communication between sellers and buyers in relation to transactions conducted on the Website contains profanity, please write to us at [email protected] and submit a request for action/removal.

    Disciplinary action may result in indefinite/temporary suspension of a seller's account or a formal warning.

    Flipkart will consider the circumstances of an alleged policy violation and the seller's trading records before taking action.

    Violations of this policy may result in a range of actions, including:

    -- limits placed on account privileges;

    -- loss of special status; and

    -- account suspension

    Website Disruption Policy

    Interference, attempted interference or threatened interference with the Website and/or operations using any software program, routine or activity is a serious offence and is not permitted.

    Sellers availing themselves of the Website may only modify or add content in those areas specifically designated for sellers.

    All content must also abide by all other Flipkarts policies.

    In no case may a seller block, obscure, overwrite or modify any Flipkart-generated content or pages.

  • All other site locations or components of Flipkarts webpages are strictly for Flipkarts use.

    Violations of this policy may result in a range of actions, including:

    -- listing cancellation;

    -- limits on account privileges;

    -- account suspension; or/and

    -- loss of special statuses.

    Seller Registration & KYC Policy

    As an additional safety measure, sellers intending to register on the Website are required to provide verification documents.

    Sellers whose transaction value has exceeded Indian Rs. 50,000/- (cumulative) through transactions have to complete the additional verification (know your customer or KYC) process. Till the time such an additional verification is concluded, your remittances shall be on hold and only released upon completion of the KYC process. This verification procedure is aimed to further help Flipkart become a safer and secure e-commerce platform.

    You need to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process.

    Important: If you edit your bank account details after completing the KYC process, you may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments. As part of the KYC process, you are required to provide one valid document for proof of identity and one valid document for proof of address.

    Given below are the documents acceptable for the KYC process:

    1. For bank accounts belonging to individuals

    Proof of Identity (PoI)

    Passport PAN card Voters identity card Drivers license

    Proof of Address (PoA)

    Passport Drivers license Voters identity card

  • Telephone/Mobile bill Bank account/Credit Card statement Electricity bill Ration card

    2. For bank accounts belonging to companies

    PoI

    PAN Card of the Company VAT/TIN (mandatory)

    PoA

    Company telephone bill Company electricity bill

    3. For bank accounts belonging to partnership firms

    PoI

    VAT/TIN (mandatory)

    PoA

    Telephone bill in the name of firm/partners Electricity bill in the name of firm/partners

    5. For bank accounts belonging to trusts & foundations

    PoI

    VAT/TIN (mandatory)

    PoA

    Telephone bill Electricity bill

    6. For bank accounts belonging to sole proprietor

    PoI

    Passport

  • PAN card Voters identity Card Drivers license VAT/TIN

    PoA

    Telephone/Mobile bill Bank account/Credit card statement Electricity bill Ration card

    Display Name Policy

    A display name is the unique name that sellers use to identify themselves on the Website.

    At registration, members should choose a display name that they like and will remember. Display names may not be profane, obscene or violate any Flipkarts or third-partys trademarks, copyrights, and intellectual property rights.

    Furthermore, display names may not be an email address or web address (URL) or represent an email address or web address.

    Further, Flipkart may, at its sole discretion, disallow certain words and phrases (including combinations thereof) from being used as display names. Seller(s) shall not be permitted to use Flipkart, Kart, Flip, Flyte, Digiflip, and any other trademarks or logos (including combinations and grammatical variations of such words) which are proprietary to Flipkart.

    Violations of this policy may result in a range of actions, including:

    -- listing cancellation;

    -- limits placed on account privileges;

    -- loss of special status; or/and

    -- account suspension.

    Report a display name that may be inappropriate.

    Listing Policies

    To help sellers list items on the Website correctly, we've highlighted some listing policies and described how Flipkart handles listing violations when they are reported.

  • Proper Category Listing: Items must be listed in the appropriate category. Items that don't belong to a category will be moved to the appropriate category.

    Exceptions: Multiple-quantity listings may offer a choice of color in otherwise identical items. However, a seller must be able to fulfill the entire quantity of every listing in any offered color even if another seller chooses exactly the same color selection. Choice listings may not be offered subject to availability or the buyer may be requested to contact the seller to see the available colors and quantity. This exception for choice of color does not apply to single-quantity listings.

    Duplicate Listings: A duplicate listing occurs when a seller lists multiple identical items in multiple listings.

    Maximum Permissible Logistic Charges:

    A seller cant charge buyers for logistics in excess of the fees prescribed under the following table:

    Category Max shipping fee in Rs.

    Apparels 200

    Baby Care 250

    Books 200

    Cameras 200

    cameras accessories 200

    CD/DVD 200

    computer accessories 500

    Computer Systems 500

    Entertainment 250

    Footwear 200

    Fragrances 200

    Gaming Consoles & Accessories 200

    Health & Beauty 200

    Home Appliance Large 1,000

  • Home Appliance Small 500

    LTA 200

    mobile accessories 200

    Mobiles 200

    Office Supplies 200

    Others 200

    P&H Care 200

    Posters 200

    sports and fitness 200

    Tablets/ GPS 200

    Toys 200

    Watches 200

    Links Policy

    The Websites listing page can only be used to describe, promote, and facilitate the sale of the listed Flipkart item -- it cannot refer to or promote a seller's individual website, off-Flipkart sales, or other businesses. The Websites seller page is a place where a seller can promote an individual website or business.

    Item Page can contain no URLs, links to, or promotional information about any off-Flipkart webpage, including the websites of a seller or any third party. Links from the Websites item page that interfere in any way with the shopping experience on the Website or solicit any Flipkart user information, are not allowed. Links from the Websites item page to pages that promote off-Flipkart sales in any way are forbidden.

    Seller Page: This page may be used to describe a seller's business and may not contain URLs or links to the seller's individual website. It may not specifically promote off-Flipkart sales or sales of items prohibited on Flipkart nor may it contain links to commercial websites where products from multiple sellers are aggregated by a common search engine.

    Giveaways, Raffles, and Prizes: Listings that promote giveaways, random drawings or

  • prizes as an enticement for buyers are not permitted on the Website as these promotions are highly regulated and may be unlawful. These types of listings are not permitted and will be ended. Flipkart itself may run such promotions on the Website and grant authorization to its partners or third-party companies to run promotions that comply with applicable laws.

    Listing Techniques that Circumvent Flipkart's Fee Structure

    Sellers may not use systems or techniques to circumvent Flipkarts fees. Some examples include:

    -- Offering in a listing the opportunity to purchase the item or other merchandise outside the Website;

    -- Listings with low prices but unreasonably high shipping or handling costs;

    -- Listing an item that requires or offers an additional purchase;

    -- Dutch Avoidance -- listing a single item and offering additional identical items for sale in the item description. In these situations, a seller typically instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing;

    -- Listings with an email address or domain name in the title;

    -- Catalogue Sales -- listing of catalogues from which buyers may directly order items is prohibited. In these situations, a seller will typically offer the catalogue for low-bid prices and complete sales outside the Website for items found in the catalogue;

    -- Offering items for sale in a manner that circumvents Flipkarts fees;

    -- Listings that circumvent Flipkarts fees are not permitted and will be ended.

    Disciplinary action may result in indefinite/temporary suspension of a sellers account or a formal warning. Flipkart will consider the circumstances of an alleged offence and the seller's trading records before taking action.

  • Repeat Offences

    If a seller repeatedly lists items that violate the policies described above, the seller is subject to suspension from the Website.

    Prohibited & Restricted Items Policy

    Before a seller lists an item, the seller needs to find out if the item is allowed on the Website and if the type of item is subject to certain restrictions to avoid potential issues with seller listing. As a seller, you are ultimately responsible for making sure that selling an item is legal under applicable law.

    Violations of this policy may result in a range of actions, including:

    -- listing cancellation;

    -- limits on account privileges;

    -- account suspension; and

    -- loss of special status

    When policy violations occur, Flipkart may email the seller as well as the buyer that a listing has been ended. You may contact Flipkart to report violations by sending an email to [email protected].

    Rules on Prohibited and Restricted Items

    Policies about listing items are generally guided by the applicable law in force. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are a result of the input by numerous stakeholders, including the community. Just because a particular type of item is listed below, it does not mean that it is completely prohibited. It is also important to respect third-party intellectual property rights and sellers must have legal rights to sell products they list.

    Prohibited and Restricted Items List:*

    Adult Material (see Mature Audiences policy)

    Alcohol, Wine or Liquor

    Animal & Wildlife products or hides/skins/teeth, nails and other parts etc. of animals

    Antiques & Artifacts

    Beta Software

    Bootleg / Pirated Softwares

  • Catalogue & URL sales

    Used Clothing

    Compilation & Information Media Contact Information and User databases Contracts

    Copyrights

    Counterfeit Currency & Stamps

    Downloadable media (Unless expressly permitted by Flipkart)

    Drugs

    Electronic Surveillance Equipment (Unless permitted by law)

    Event Tickets

    Firearms, Ammunition, Militaria, Weapons and Knives

    Firearms, Explosives & Explosive substances

    Games Software Government IDs and Licenses Hazardous, Restricted & Perishable products Human Parts & Remains

    Importation of Products - examples include CDs that were intended only for distribution in a certain country

    Items Encouraging Illegal activities Misleading titles

    Movie prints Offensive Material Police, Army, Navy & Air Force Related items

    Prohibited Services

    Promotional Items

    Real Estate

    Replica & Counterfeit items

    Ringtones

  • Stocks & other Securities

    Stolen Property Surveillance Equipments

    Tobacco & related products

    Trademarks & Patents

    Travel

    Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free

    Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection

    Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items

    Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content

    Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property

    Illegal products which includes materials, products, or information promoting illegal products or enabling illegal acts

    Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes

    Offensive products which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred

    Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

    Pyrotechnic devices and hazardous materials which includes fireworks and related products; toxic, flammable, and radioactive materials and substances

    Regulated products which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines,

  • surveillance equipment; products regulated by government or other agency specifications

    Securities, which includes stocks, bonds, or related financial products

    Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products

    Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products

    Wholesale currency which includes discounted currencies or currency exchanges

    Multi-Level Marketing collection fees

    Matrix sites or sites using a matrix scheme approach

    Work-at-home information

    Drop-shipped merchandise

    Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.

    *The above list is merely indicative and not exhaustive. Flipkart may at its sole discretion, amend or modify this list.

    Multiple Accounts & Listing Policy

    Sellers shall not be permitted to have multiple accounts on the Website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk, and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the Website.Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don't list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can't have more than one listing of an identical item at the same time.

    Violations of this policy may result in a range of actions, including:

    -- listing cancellation;

    -- limits on account privileges;

    -- account suspension; and

    -- loss of special status.

  • These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different display names. Listings are considered duplicates if they are for items that have no significant differences between them. To avoid your listings from being treated as duplicates, make sure you clearly show the differences between items in the titles, descriptions, prices, photos, product IDs, item specifics, or parts compatibility areas of a listing. Flipkart may also look at other parts of the listing to determine whether it's a duplicate. If the differences between the items you're selling aren't obvious in the search results, your listings may be treated as duplicates and will be subject to the consequences outlined above.

    Third - Party Intellectual Property Policy

    Flipkart is committed to protecting the intellectual property rights of third parties and providing its sellers with a safe place to trade. Infringement is the unauthorized use of other peoples intellectual property like copyrighted material and trademarks and the same is not permitted on the Website.

    Rules that affect what you can sell on Flipkart

    The following items are restricted or prohibited because they would potentially infringe on intellectual property rights.

    Replica and counterfeit Items

    Faces, names and signatures and autographed items

    Media - movie prints (35 mm, 70 mm), bootleg recordings, recordable media, promotional copies and digitally delivered products (unless specifically permitted by Flipkart),

    Software including academic software, beta Software, OEM software,

    Equipment that would support unauthorized copies including mod chips, game enhancers, and boot discs.

    Rules that affect how you list items for sale

    In an item listing Flipkart user cannot:

    Encourage or enable others to infringe copyrights, trademarks, or other rights.

    Use Flipkart Intellectual Property (including use of the Flipkart name, logo or linking to the Flipkart Website except as stated in ToU).

  • Include authenticity disclaimers or deny responsibility for the items offered in their listings.

    Use another sellers item description or picture without the sellers permission

    Reporting Listing Violations

    Flipkart has put in place Flipkart Infringement Verification (FIV) process so that intellectual property owners could easily report listings that infringe their rights. It is in Flipkarts interest to ensure that infringing items are removed from the Website as they erode buyer and good seller trust.

    All such notices of infringement shall be sent to [email protected], [email protected], or [email protected]. Refer to Buyer Terms and Conditions for more details.

    Brand Name Use & Restricted Word Policy

    Sellers are not permitted to include any brand names or company logos in their listings other than the specific brand name of the original manufacturer for products being sold by sellers under a particular listing. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.

    Further, sellers shall not be permitted to use the following words or phrases in their display names or listings

    1. Flipkart (including all cognate & grammatical variations thereof);2. Flip (including all cognate & grammatical variations thereof);3. Kart (including all cognate & grammatical variations thereof);4. Digiflip (including all cognate & grammatical variations thereof); and5. Flyte (including all cognate & grammatical variations thereof).

    Warning: Violation of this policy may result in listing cancellation or suspension of account.

    Seller Protection Program Policy

    In order to make sure that a sellers performance is not getting impacted by wrong or foul actions of buyers and also to keep the Website safe and secure for sellers, there is a Seller Protection Program (SPP).

    Following are the cases that can be considered under SPP:

    1. chargebacks in case of unauthorized chargebacks and item-not-received chargebacks, seller will be protected,

    2. buyer refunds for returned products -- in case a buyer returns a product/doesnt return a product and the seller doesnt receive it/received it in a damaged condition, the seller needs to intimate Flipkart within 10 days of the return-claim closure,

  • 3. octroi paid for return to origin (RTO) -- in case there is a courier return of an item that falls under octroi zone, the octroi will be considered already paid for RTO.

    Please note that these cases will be not be covered if they arise because of seller fraud or seller-buyer mutual fraud.

    Copyright, Trademark, Bootleg Recording , & Your Listing Policy

    Listings that infringe third-party Copyright or Trademark are prohibited. Infringing listings or selling or buying any of these items could put sellers at risk for civil or criminal liability.Your listings could be ended early and your account suspended on the Website.

    Creators of web content have copyright, trademark, and other rights in the material they create. Copying, modifying, and possibly linking to content created by others could expose sellers to a legal liability.

    No copying allowed: When you prepare your listings, you should use only the material (text, photographs etc.) and trademarks/names that you have created, own yourself, or have licensed from the owners.

    No unauthorized linking to photos: You cannot link to somebody else's picture (so that it appears in your listing) without the owner's permission.

    If you copy someone else's text or original photograph, or copy text or photographs from any other place, you may be committing copyright infringement. Owners of the content may be able to request the ending of your item listing through FIV.

    No Confusing Listings

    If sellers sell a branded product, they can probably show a picture of the product and refer to the company by name but cannot do so in such a way that suggests their listings are approved, sponsored, or endorsed by the manufacturer/brand. Also, sellers must be careful not to sell products bearing the brand name of a company which did not make the product.

    You may find that your image or description text has been used by other sellers in their listings. To report the unauthorized use of your copyrighted image or text, contact Flipkart. Be sure to include the item number of the listingcontaining your copyrighted material in the body of the email to us. Please also explain exactly how your rights have been violated. Remember that you can report a violation only if you have copyright over the content in question, such as a picture you took yourself. If you have obtained the image from a public domain, you are not likely to have any rights over it.

    Bootleg recordings are unauthorized recordings of concerts or live performances. Sellers are not permitted to list bootleg recordings on the Website. Violations of this policy may result in a range of actions, including:

    Listing cancellation

  • Limits placed on account privileges

    Loss of special status

    Account suspension

    Please also read Third-Party Intellectual Property Policy above.

    Replacement Guarantee Policy

    The Replacement Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product(s) any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the seller.

    If Flipkart has suspicion or knowledge that some users are involved in any activity that is intended to provide information or claims that are false, misleading, or not genuine, then Flipkart may, while reserving its rights to initiate civil and/or criminal proceedings against users and at its sole discretion, suspend, block, restrict, or cancel the right of the users to use the Website and/or disqualify users from availing themselves of any protection through this program.

    Flipkart reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Flipkart may, at its sole discretion, suspend, block, restrict, or cancel the display name (and its related display names) of such a seller and/or disqualify that seller and any related sellers from availing themselves of protection through this program. Any person who, knowingly and with intent to injure, defrauds, deceives, or files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to thefullest extent of the law.

    For qualified sellers, refer to Cancellations and Returns Policy for more details.

    Returns

    Definition: Return is the action of giving back the item purchased on the Website by a buyer to the seller. The following situations may arise:

    1. Item was defective2. Item was damaged during shipping3. Item was missing4. Wrong item was sent by the seller5. Return could also result in refund of money in most of the cases.

    Points to be noted:

    1. You can always accept a return irrespective of the policy.

  • 2. If you disagree to a return request, the buyer can file a dispute under. Buyer Protection Program (refer to Buyer ToU for more details)We encourage buyers to review the listings before making their purchase decisions. In case a buyer orders a wrong item, the buyer shall not be entitled to any return/refund.

    A buyer needs to raise the refund request within 10 days of delivery. Once the buyer has raised a return request by contacting us on the toll-free number, you can select one of the following while closing the return ticket:

    1. Replace after shipment collection (You have agreed to wait for the logistics partner to collect the shipment from the buyer before replacing it)

    2. Refund after shipment collection (You have agreed to wait for the logistics partner to collect the shipment from the buyer before refunding)

    3. Refund without shipment collection (You have agreed to refund the buyer without expecting the original shipment back)

    4. Replace without shipment collection (You have agreed to replace the order without expecting the original shipment back)

    5. In case a seller doesnt close the ticket in 3 days from the date of receiving intimation about the refund request, the refund request shall be settled in favor of the buyer.

    Further, for a return being made by the buyer to the seller, the following parameters need to be ensured by the buyer:

    Category Condition

    Electronics Should be New with original accessories included

    Clothing and Footwear Should be New & Unworn (other than for trial)

    Beauty, Health & Personal Care Should be New & Unopened

    Sports & Equipments Should be New and returned with original packaging

    Office Products Should be New and returned with original packaging

    If a product being returned is not in accordance with the above parameters, then the buyer shall not be entitled to any refund of money from the seller.

  • The shipping cost for returning the product shall be borne and incurred by the seller.

    Replacement Policy

    Definition: Replacement is the action or process of replacing something in place of another. A buyer can request for replacement whenever s/he is not happy with an item, the reasons for which could be damaged shipping, defective item, item(s) missing, wrong item shipped and the like.

    Points to be noted:

    1. A seller can always accept a return irrespective of the policy.

    2. If a seller disagrees to a return request, the buyer can file a dispute under Buyer Protection Program.

    A buyer needs to raise the replacement request within 10 days of the date of delivery of products. Once a buyer raises a replacement request (say, by contacting us on the toll-free number provided on the Website), the following steps shall be followed: 1. The buyer shall be asked the reason for return. Among others, the following may be the reasons:

    a. Shipping was damaged

    b. Item was defective

    c. Item dead on arrival

    d. Item(s) missing

    e. Wrong item sent

    2. An intimation shall be provided to the seller seeking either approval or rejection of the replacement request.

    3. In case the seller accepts the replacement request, the buyer shall be required to return the product to the seller and only after return of the product, the seller shall be obliged to provide a replacement product to the buyer.

  • 4. Incase the seller rejects the replacement request, the buyer can choose to raise a dispute by writing to [email protected].

    5. In case the seller doesnt have the product at all, the seller can provide a refund to the buyer and the buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

    6. If the seller doesnt respond to the buyers replacement request, within three (3) days from the date of replacement request placed by the buyer, a refund shall be processed in favour of the buyer and the seller shall be liable to refund the amount paid to the seller.

    7. All shipping and other replacement charges shall be borne and incurred by the seller.

    Disputes (Resolutions) Policy

    Overview

    Generally, transactions are smooth on Flipkart. However, there may be some cases where buyers and sellers face issues. At Flipkart, we have a dispute resolution process in order to resolve disputes between buyers and sellers.

    What is a dispute?

    A dispute can be defined as a serious disagreement between a buyer and a seller in connection with a transaction on the Website.

    How disputes happen in a marketplace?

    Disputes are filed as the result of disagreements between buyers and sellers. Disputes can be raised by either party with the other when complaints/issues are not resolved in their favor.

    It is important that before buyers raise disputes, Buyer and Seller should attempt to resolve the issues between themselves.

    Also another VERY IMPORTANT factor is that whenever a buyer raises a dispute, the sellers payment for that order is put on hold immediately until a resolution happens.

    How a dispute is created?

  • Whenever there is a disagreement, a buyer can write an email to [email protected] and a seller can write to [email protected] (seller issues) in order to raise a dispute. A dispute can be raised at a particular transaction level.

    What are the various disputes?

    The following are some indicative examples of potential disputes:

    1. wrong item received;

    2. item not as described;

    a) damaged or seal-broken product;

    b) part/accessory missing;

    c) item not compatible;

    d) seller description/specification wrong;

    e) defective (functional issues); and

    f) product not working and manufacturer says invalid invoice.

    In case a seller rejects the return request of a buyer, and the buyer raises a dispute, then Flipkart shall try and mediate between the seller and the buyer for a resolution of the dispute. If the dispute is resolved in favor of the buyer, then the buyer shall be entitled to a refund/replacement provided the buyer returns the product to the seller. If the dispute is settled in favor of the seller, the buyer shall not be entitled to any refund/replacement.

    Disputes via Chargeback

    A chargeback (CB) may be issued from the PG/bank in the following situations: 1. item-not-received CB -- it means a buyer hasnt received the item. A refund will be created in accordance with the dispute policies;

    2. Unauthorized CB -- it means a buyer hasnt done this particular transaction. Refund will be created in accordance with the dispute policies. Sellers expressly agree that issuing correct and complete invoices is the sole and primary responsibility of sellers. Furthermore, sellers shall ensure that invoices state Powered by Flipkart and failing to do so, sellers will be liable for chargebacks (as applicable); and

    3. item not as described -- it means the received item is not what a buyer expected. A dispute will be decided in accordance with the dispute policies.

    Email Abuse & Threat Policy

    Private communication, including email correspondence, is not regulated by Flipkart. Flipkarts policy is to encourage users to be professional, courteous, and respectful when

  • sending emails. However, Flipkart will investigate and can take action on certain types of unwanted emails that violate Flipkarts policies.

    Flipkart will investigate and can take action if any of the following is reported:

    1. Threats of bodily harm Flipkart does not permit users to send explicit threats of bodily harm.

    2. Misuse of Flipkarts system Flipkart allows sellers/buyers to transact through Flipkarts system, but will investigate any misuse of this service.

    3. Spoof (fake) email Flipkart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through the Contact Us tab.

    4. Spam (unsolicited commercial email) Flipkarts spam policy applies only to unsolicited commercial messages sent by users. Flipkarts sellers/buyers are not allowed to send spam messages to other sellers/buyers.

    5. Offers to buy or sell outside the Website Flipkart prohibits email offers to buy or sell listed items outside the Website. Offers of this nature are a potential fraud risk to both sellers and buyers.

    6. Flipkarts policy prohibits threats of physical harm via any method, including phone, email, and our public message boards.

    Violations of this policy may result in a range of actions, including:

    limits on account privileges;

    account suspension;

    cancellation of listings; and

    loss of special status.

    Other Businesses

    Flipkart does not take any responsibility or liability for the actions, products, content, and services on the Website that are linked to websites of affiliates and/or third parties using the Websites APIs or otherwise. In addition, the Website may provide links to third-party websites of our affiliated companies and certain other businesses for which Flipkart assumes no responsibility for examining or evaluating the products and services offered by them. Flipkart does not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). Flipkart does not endorse, in any way, any third-party website(s) or content thereof.

    Flipkart Test Program Policy