1. Obligations of Parties
1.1 Product Listing
Upon entering into this Agreement, the Merchant's products and services shall be displayed on "ghmall.lk" for customers to purchase subject to the general terms and conditions of the said "ghmall.lk" and further subject to the terms and conditions (if any) specified on the product/service. Once published, customers shall be able to purchase the products and services by selecting the product/services and making the relevant payments thereto through the payment options made available by GH. Once purchased, it shall be the obligation of the Merchant to make available such products/services to the customer as stated herein.
GH may amend any terms of this Agreement including the ghmall.lk general terms at any time. The amended terms shall be effective immediately upon being notified.
a) The Merchant shall maintain the product portfolio on the website, do necessary updates to the product range and ensure that factually accurate information is available at all times.
b) Merchant shall ensure that it has the right and has obtained necessary licenses, permits, approvals to import/manufacture/ distribute the Products supplied.
c) Merchant should provide constant support to GH for purchase and product related inquiries.
d) The Merchant agrees to inform GH immediately by email when they exhaust stocks of any of the Merchant’s products on ghmall.lk.
e) The Merchant shall indemnify GH from any liabilities that may arise due to Customer complaints as a result of any product being Out of Stock.
1.2 Product Supply
a) Upon a purchase being made by a customer from ghmall.lk, GH shall send a Purchase Order (PO) to the Merchant and within 24 hours of receiving the PO, Merchant shall ensure that the products are ready to be collected by GH from the agreed place of collection.
b) The Merchant agrees to not cease the issue of products without prior notice under any circumstances.
c) The Merchant shall appropriately pack and deliver the goods to the designated GH stores.
d) Vendor shall inform Kapruka immediately, of any legal, regulatory, compliance requirements or any other requirements pertaining to the Products supplied or any changes thereto.
1.3 Product Returns
i) GH or its Customer who has purchased the product/service has the right to return products within the time stipulated on ghmall.lk (or generally 14 days from collection) back to the Merchant under the following circumstances,
● The product is not in its original condition
● The Product does not function up to the defined standards under normal operating conditions
● The Product is incomparable with the product description provided by the Merchant
● Returns due to non-acceptance of products by customers for orders at the time of Cash On Delivery.
ii) GH shall deduct cost of returned products from the payments due to the Merchant or the Merchant will refund the cost of products within two weeks if the payment was already settled by GH to the Merchant.
iii) In the event a replacement product is required, the Merchant shall provide GH with a replacement within 24 hours upon being requested by GH.
1.4 Warranty Conditions and Indemnity
a) The Merchant guarantees that the Merchant is legally entitled to sell or import the products offered, the product description matches with each individual product and are free from defects. The Merchant shall replace products/ services that are found to be defective and with a new product/ service to the satisfaction of GH or the Customer.
b) If Merchant does not provide an individual warranty for products offered, the product shall be subject to warranty terms of GH/ghmall.lk.
c) The Merchant shall indemnify and hold GH harmless and make good for any and all claims, demands, action suits or proceedings, liabilities, losses, costs, expenses or damages asserted against GH arising out of Merchant’s actions or omissions in connection with the product/ service or due to the use of it without exception.
1.5 Price Changes
a) Price of each product/service shall be the price displayed on ghmall.lk. Any price changes that have been introduced by the Merchant should be informed to GH via email and approval prior to changing the price.
b) Prices changes shall not be applied on the Products purchased on the date of the revised/new prices given.
1.6 Merchant Delisting Process
a) GH holds the complete authority to delist a merchant in the event of a violation of the terms and conditions herein.
b) If the Merchant has been delisted from the site, with notice of inconsistency, the Merchant shall agree to provide claims for warranty and take in any returns of products sold prior to the date of delisting.
1.7 Payment Terms
GH and Merchant shall mutually agree on the following payment terms relating to intended transactions.
a) GH will receive a margin of 10% on the selling price of the Item(s)/Service (s)
b) Invoices shall be raised by the Merchant after the deduction of the agreed commission or margin with GH.
c) GH shall make payments for the raised invoice within thirty (30) days of receiving the Invoice.
d) All Payment issues shall be escalated to [email protected]
e) If a payment issue is escalated, GH shall take necessary steps to address the issue within seven (7) working days.
a) Either party can terminate the agreement by giving thirty (30) days’ notice in writing to the other, without prejudice to any other rights herein.
b) All Warranty terms and Service Conditions shall continue to be in force after the termination of the Agreement for the Products sold prior.
2. Disclosure of Confidential Information
1) The receiving party shall not at any time without the prior written consent of the Disclosing Party;
a) Utilize, copy, reproduce, employ, exploit or use in any other manner any of the confidential information otherwise than for the necessary business purpose
b) Disclose any of the confidential information to any third party.
2) The receiving party shall take all reasonable steps to ensure that none of its involved persons disclose, utilize, copy, reproduce, employ, exploit or use in any other manner any of the confidential information otherwise than for the necessary business purpose and be wholly responsible for the acts and omissions of its involved persons in respect of any confidential information disclosed to them.
3. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the Laws of Sri Lanka and in the event any dispute or difference arising between the Parties in connection with or arising out of this Agreement, such dispute or difference shall first be discussed among the Parties in a spirit of mutual co- operation. In the failure to resolve any disputes the aggrieved Party shall have the right to pursue and/or initiate action in a court of competent jurisdiction within Sri Lanka