Here is a comprehensive draft of the Vendor Terms and Conditions for your multi-vendor marketplace, Classim.in, which includes a Data Processing Agreement (DPA) in compliance with Indian law, particularly the Digital Personal Data Protection Act, 2023 (DPDPA) .
VENDOR TERMS AND CONDITIONS
Last Updated: [Insert Date]
These Vendor Terms and Conditions (“Terms”) constitute a legally binding agreement between you you and Classim.in. By registering as a vendor on Classim.in, you agree to comply with these Terms.
1. ELIGIBILITY AND REGISTRATION
1.1. You must be at least 18 years old and legally capable of entering into a contract under the Indian Contract Act, 1872.
1.2. You must provide accurate, complete, and up-to-date business information, including your legal name, business address, GSTIN, PAN, and contact details.
1.3. You are responsible for maintaining the confidentiality of your account credentials.
2. PRODUCT LISTINGS AND STANDARDS
2.1. All product listings must be accurate, with complete descriptions, specifications, images, and prices.
2.2. You are responsible for ensuring all products are genuine, as described, and meet all applicable quality and safety standards. Counterfeit or misrepresented products are strictly prohibited.
2.3. You must display all legally required information, including:
- Country of origin
- Expiry date (for consumables)
- Seller/importer details
- MRP (Maximum Retail Price) as per Legal Metrology Act
2.4. You must ensure that product descriptions do not mislead consumers or exaggerate product performance.
3. PROHIBITED PRODUCTS
You shall not list any restricted, banned, or illegal items, including:
- Products that infringe on third-party intellectual property rights
- Products that violate Indian laws or regulations
- Products that are counterfeit or stolen
4. FEES AND PAYMENTS
4.1. Commission will be charged on each sale at the rate displayed in your Vendor Dashboard.
4.2. Payment gateway transaction fees and applicable taxes (GST, TDS) may be deducted from your payouts.
4.3. Payouts will be transferred to your designated bank account as per the schedule displayed in your dashboard.
4.4. For refunds or chargebacks, the refunded amount and associated fees will be deducted from your future payouts.
5. ORDER FULFILLMENT AND SHIPPING
5.1. You must process and fulfill orders within the specified timeframe.
5.2. You are responsible for securely packaging products to avoid damage during transit.
5.3. You must comply with Classim.in‘s return and refund policy. You agree to accept returns and issue refunds promptly where justified.
6. VENDOR CONDUCT
6.1. You must conduct yourself professionally in all interactions on the platform.
6.2. You must respond promptly to customer inquiries and complaints.
6.3. You shall not post fake reviews or falsely pose as a consumer.
6.4. You shall not engage in any deceptive design practices (dark patterns) that mislead consumers.
7. INTELLECTUAL PROPERTY AND COMPLIANCE
7.1. You are responsible for ensuring that all listed products and content do not infringe on any third-party intellectual property rights.
7.2. You must comply with all applicable laws in India, including:
- Consumer Protection Act, 2019 and E-Commerce Rules, 2020
- Information Technology Act, 2000
- Legal Metrology Act, 2009
- Goods and Services Tax (GST) laws
- Digital Personal Data Protection Act, 2023 (DPDPA)
8. GRIEVANCE REDRESSAL
8.1. You must appoint a grievance officer and display their name and contact details on your store page.
8.2. Grievances must be acknowledged within 48 hours and resolved within 1 month.
9. INDEMNIFICATION
You agree to indemnify and hold Classim.in harmless from any claims, losses, liabilities, damages, or expenses arising out of your products, listings, or actions on the platform.
10. TERMINATION
Classim.in reserves the right to suspend or terminate your vendor account for:
- Violation of these Terms
- Listing prohibited or counterfeit products
- Repeated customer complaints
- Non-compliance with applicable laws
11. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in [Your City, State].
12. DATA PROCESSING AGREEMENT (DPA)
This Data Processing Agreement (“DPA”) forms an integral part of these Terms. It governs how Classim.in and its vendors process Personal Data in compliance with the DPDPA, 2023 and the IT (SPDI) Rules, 2011 .
12.1. Definitions
- “Personal Data” means any information relating to an identified or identifiable natural person .
- “Processing” means any operation performed on Personal Data (collection, storage, use, deletion, etc.) .
- “Data Fiduciary” means Classim.in, which determines the purpose and means of processing Personal Data .
- “Data Processor” means the Vendor, which processes Personal Data on behalf of the Data Fiduciary .
- “Data Principal” means the individual whose Personal Data is collected or processed .
12.2. Scope and Purpose of Processing
The Vendor (Data Processor) shall process Personal Data solely for the following purposes :
- Fulfilling customer orders and providing delivery services
- Communicating with customers regarding orders
- Processing returns and refunds
- Complying with legal and regulatory requirements
12.3. Categories of Personal Data Processed
The Vendor may process the following categories of Personal Data on behalf of Classim.in :
- Customer identifiers: name, contact number, email, shipping address
- Order details: products purchased, transaction history
- Delivery information: delivery address, instructions
12.4. Duration of Processing
The Vendor shall retain and process Personal Data only while the Vendor’s account remains active or as required by applicable law . Upon termination of these Terms or upon request from Classim.in, the Vendor shall:
- Return or securely delete all Personal Data in its possession
- Provide written confirmation of deletion within 30 days
12.5. Data Security Obligations
The Vendor shall implement appropriate technical and organizational measures to protect Personal Data, including :
- Encryption of Personal Data in transit and at rest
- Access controls based on the principle of least privilege
- Secure hosting and storage with industry-standard safeguards
- Regular security reviews and updates
12.6. Confidentiality
The Vendor shall ensure that all employees or representatives with access to Personal Data are bound by confidentiality obligations .
12.7. Sub-Processing
The Vendor shall not engage any Sub-Processor without prior written consent from Classim.in . Any authorized Sub-Processor must be bound by data protection obligations no less protective than those in this DPA.
12.8. Data Subject Rights
The Vendor shall assist Classim.in in responding to requests from Data Principals exercising their rights under applicable law, including:
- Access to Personal Data
- Correction of inaccurate data
- Deletion of Personal Data (where permitted)
- Withdrawal of consent
12.9. Data Breach Notification
In the event of a Personal Data breach, the Vendor shall :
- Notify Classim.in within 48 hours of becoming aware of the breach
- Provide details of the breach, its impact, and mitigation steps
- Cooperate fully in the investigation and resolution
12.10. Data Retention
The Vendor shall retain Personal Data only as long as necessary for the purposes stated or as required by law . The Vendor shall establish and maintain retention schedules as per Section 8(7) of the DPDPA .
12.11. Audit Rights
Classim.in has the right to audit the Vendor’s compliance with this DPA upon reasonable notice, during normal business hours, no more than once per year unless required by law or after a breach .
12.12. International Data Transfers
The Vendor shall not transfer Personal Data outside India without:
- Obtaining prior written consent from Classim.in
- Ensuring the recipient maintains the same level of data protection as required under the DPDPA, 2023
12.13. Liability
The Vendor shall be liable for any damages arising from its breach of this DPA, including penalties imposed under the DPDPA for failure to implement reasonable security safeguards (up to INR 2.5 billion) .
12.14. Governing Law
This DPA shall be governed by the laws of India. Any disputes shall be resolved in the courts of SAS Nagar, Mohali, Punjab, INDIA.
13. ACCEPTANCE
By registering as a vendor on Classim.in, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Data Processing Agreement.