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Terms and conditions for availing eBay COD Facility

This document is an electronic record in terms of Information Technology Act, 2000 as amended from time to time and the amended provisions in various statutes pertaining to electronic records, as they are amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Terms and Conditions:

  1. This Terms and Conditions govern your usage of the Cash On Delivery Services. Your sale of products/ items (" Items ") on www.ebay.in or m.ebay.in ("eBay Site") by selecting the Cash On Delivery (" COD ") option, you agree, acknowledge and authorize the Logistic Partner ("LP") to deliver Your Items to Your respective buyer(s) who has transacted with You on eBay Site.
  2. Definitions:
    • "You or Your " shall mean You, the eBay registered seller, availing the COD services under these Terms and Conditions.
    • "eBay" shall mean MINTKART INDIA PRIVATE LIMITED (formerly eBay India Private Limited) No. 1261, 6th Floor, Building No. 12, Solitaire Corporate Park, No. 167, Guru HargovindJi Marg, Andheri (East), Mumbai - 400093, Maharashtra, India
    • "Item(s)" shall mean the Items You put up for sale on eBay Site using the COD option.
    • "Logistics Partner" or "LP" shall mean the Logistic Partner engaged by eBay to provide you logistics services as defined in and in accordance with this terms and conditions.
    • "www.ebay.in" or " eBay Site " shall mean the www.ebay.in or m.ebay.in website)
  3. Use of COD services on eBay Site under this terms and conditions is available only to persons who can form legally binding contracts under 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 COD services under this terms and conditions. eBay reserves the right to terminate Your transaction if it is brought to eBay's notice or if it is discovered that you are a minor or do not comply with this section.
  4. By offering COD services to the buyer in your listing of the Item(s), You are deemed to have accepted these terms and conditions and You are bound by these terms and conditions for listing of such Item(s).
  5. If You do not agree or are not willing to be bound by this terms and conditions please do not seek to provide the COD option for Your Items listed through the eBay Site.
  6. eBay is only providing COD facility for its users and it is agreed that the contract for transportation of goods through Logistic partner shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the items vest with eBay nor shall eBay have any obligations or liabilities in respect of such contract. eBay is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of services provided by Logistic Services Provider to Seller(s).
  7. You hereby agree that by handing over the item(s) to Logistics Partner for delivery to Your Buyer, You enter into a valid and legal binding bi-partite contract with Logistics Partner for delivering the item(s) to your buyer. You shall not hold eBay responsible for any dispute between You and Logistic Partner with respect to any transactions governing.
  8. Once the eBay buyer has placed an order for Your Item and opted for COD, you shall be mandatorily required to print the Shipping label from My PaisaPay section of your eBay Account within shipping timelines. Upon your printing the shipping label, Your order shall be marked as "Ready to Ship". Please note if You fail to print the Shipping label, your order may be cancelled by eBay and you shall be responsible for any action initiated by the buyer because of non-completion of transaction, in addition to indemnity provided by you in clause 23 herein below, You shall keep eBay indemnified as per the indemnification provisions of eBay User Agreement.
  9. Once you have printed the Shipping Label and your order has been marked as “Ready to Ship”, it shall be deemed that you are ready to handover the parcel to Logistics Partner for delivery to the buyer. Upon your printing of Shipping Material, the Logistics Partner shall pickup Item(s) only from Your registered address available in the registered address section of your eBay Account. eBay shall intimate about your readiness to ship to the Logistic partner. Logistics Partner will on a best effort basis pick-up the Item(s)/products/parcel within 24 (twenty four) hours of receipt of eBay's intimation. You shall ensure that the Item(s) are packed and ready for dispatch within 24 (twenty four) hours of eBay’s intimation to Logistics Partner. The dispatch timelines for Your item(s) shall be governed by PaisaPay User Agreement and Policies, which includes the aforesaid intimation to Logistics partner, mentioned in this clause.
  10. You shall ensure that all Item(s), when packed and ready for dispatch shall display the shipping details which shall include the Order Number/Reference Number, consignee details, address of delivery, Assigned Airway Bill Number of Logistics Partner and the Gross Value and Collectable Value (" Net value ") to be collected by the Logistics Partner from the buyer of the Item. In the event such details are not marked on any Item(s), Logistics Partner shall have the right to refuse to accept the Item(s) for delivery under the COD services under these terms and conditions.
  11. You shall ensure that You hand over the Item(s) to Logistics Partner in a tamper proof, eBay branded packaging with bubble wrapping and proper cushioning and packing along with the shipping details, as mentioned in section 8 above and pasted on the Item(s).
  12. Logistics Partner shall carry the Item(s) through its network for delivery to the buyer of Item(s). In the event of a conflict or difference in the address and collection amount (collection amount includes item price and/ or shipping cost) specified by eBay to the Logistics Partner and the shipping details pasted by You on the Item(s), Logistics Partner shall have the right to refuse to pick-up the Item(s).
  13. Upon receipt of Item(s) from you, Logistics Partner shall make maximum 3 (three) attempts to deliver the Item(s) to the buyer. In the event the Logistics Partner is unable to deliver the Item(s) to the buyer in these 3 (three) attempts, the Logistics Partner will return such Item(s) to You within 10 (ten) days from date of the last delivery attempt. eBay shall communicate You with a list of undelivered Item(s) on a regular basis.
  14. Logistics Partner shall ensure that it collects payment for the Item(s), as specified in the shipping details, from the buyer before handing over possession of the Item(s) to the buyer.
  15. Logistics Partner shall reconcile payments received from buyers for the Item(s) bought, and remit the same to eBay, at regular pre-determined intervals. After reconciliation of the same, eBay shall remit the payment to You in accordance with PaisaPay User Agreement.
  16. You will be solely responsible to comply with all statutory requirements (Local, State and Central Laws/Statutes) applicable in relation to booking and transportation of the Item(s) carried and delivered by Logistics Partner in pursuance of these terms and conditions.
  17. You shall fill in and complete the Manifest form as provided on eBay Site (http://pics.ebaystatic.com/aw/pics/in/sellercentral/Sellers_Vendor_Manifest_dated.xls) and have the same signed or acknowledged by Logistics Partner before you hand over the Item(s) for dispatch. eBay shall not recognize any claim, complaints, disputes raised by You if You fail to comply with this section.
  18. As and when needed, Logistics Partner will assist and provide support to You in real time integration with processes for shipment, delivery and other related details.
  19. eBay shall not at any time be responsible for any non-performance by the Logistics Partner. However in case of any transaction related dispute You can contact eBay customer support for assistance. eBay will help you in addressing Your transaction issue as per eBay Guarantee* Policy of eBay Site. Other than the provisions mentioned under eBay Guarantee, eBay shall not and is not required to mediate or resolve any dispute or disagreement between You, Logistics Partner and/ or buyer . eBay accepts no liability for any errors or omissions by Logistics Partner in rendering or completing the COD services.
  20. You shall be fully responsible to deal with Logistics Partner in case of claims or disputes arising on account of any deficiency or non-performance of services by Logistics Partner whether willful or otherwise in the delivery of services and/or Item(s) and performance standards of Logistics Partner. eBay shall not be liable and shall not be party to any such disputes between You and the Logistics Partner.
  21. Without limiting other remedies available to it, eBay may limit Your activity and cancel Your transaction in the event, but not limited to: a) eBay is unable to verify or authenticate any information You provide; b) If it is believed that Your actions may cause legal liability for You, or eBay, or Logistics Partner, or any third party. Notwithstanding the foregoing, if you breach this terms and conditions, eBay reserves the right to recover any amounts due and owing by You to eBay and to 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.
  22. You shall ensure that no Item(s) shall be given to Logistics Partner which contain (a) anything that cannot be transported legally (b) anything that is prohibited by any law, regulation or statute (c) bullion, currency, dangerous/hazardous goods, combustible materials, drugs/narcotics (d) negotiable instruments in bearer form like bearer cheques / drafts, money orders, promissory notes, bearer bonds, bearer share certificates, stamps, open tickets, un-cashed travelers’ cheques, credit cards and SIM cards and e) which are restricted/ prohibited to list/ sale as per eBay Site User agreement and policies as amended from time to time
  23. In addition to the indemnity provided by You under eBay Site User agreement and policies as amended from time to time, You will indemnify eBay and the Logistics Partner in case of any claims, damages etc arising from claims of Your non-compliance of these obligations under these terms and conditions, the eBay user agreement, privacy policy [as amended from time to time] and any other formal or informal contract You enter with eBay.
  24. eBay shall not be liable to You or any other person or entity claiming under You or Your successors, assigns, liquidators or receivers for any claims, losses, damages, penalties, interests, duties, etc. paid and/or incurred by You or the persons claiming under You for any third party's including but not limited to Logistics Partner's acts, negligence or omissions whether intentional, willful or otherwise and whether under contracts, torts or under common law. Under no circumstances eBay shall be liable to You for damages, whatsoever whether such damages are direct, indirect, special, incidental, consequential and irrespective of whether any claim is bases on loss of revenue, investment, goodwill, profit, production, interruption of business or any other loss of any character or nature whatsoever and whether sustained by You or any third party.
  25. eBay may withdraw or modify these terms and conditions at its sole discretion.
  26. None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency between You and eBay or Logistics Partner and You shall have no authority to bind eBay or Logistics Partner in any manner whatsoever.
  27. If any clause of this terms and conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this terms and conditions.
  28. To avoid repeated display and viewing of these terms and conditions, You may choose to communicate Your acceptance of these terms and conditions once and perpetually, by writing a mail to "inrswebhelp@ebay.com" with "[User-ID] accepts COD Terms & Conditions" in the subject line of the email. Notwithstanding what is stated above, these terms and conditions shall apply to all transactions using Cash on Delivery option as mentioned herein.
  29. The Logistics Partner shall not be liable if Item(s) is lost, damaged or late delivered because of force majeure event. Force majeure shall mean and include events and circumstances which are beyond the control of any party and shall include, without limitation, acts of God, earthquakes, cyclone, storm, flood, war, terrorist strikes, strikes, civil commotion, plane-crash or any other action or omission by anyone outside the Logistics Partner.
  30. These terms and conditions shall be governed and constructed in accordance with the laws of India and shall be subject to courts of competent jurisdiction in Mumbai, Maharashtra.