Terms and Conditions

  1. INTRODUCTION

You acknowledge and agree that by registering for or using the Platform, you, as a Seller, expressly agree to be bound by the following terms and conditions, as may be updated and amended by The Company from time to time at its sole discretion (“Agreement”). Any amendments to this Agreement shall become effective and binding on the Seller as soon as the amendments have been published on the Platform. This Agreement contains the terms and conditions that govern the Seller’s access to, and use of, the Platform and is an agreement between the Seller and the Company.

 

  1. DEFINITIONS

 

Astorat Al Riyada Trad. (“The Company”) is a company registered under the laws of the Sultanate of Oman.

 

Kulshai.com (“The Platform”) is an online marketplace owned and managed by the Company.

 

“Vendor” means third party vendors, distributors, wholesalers, retailers and any other incorporated company wanting to sell approved product through the Platform and have agreed to the terms of this Agreement.

 

“Customers” means people who purchase any Products from the Platform.

 

“Products” means the products that the Vendor desires to sell on the Platform and approved by the Company.

 

“Orders” means orders placed by a customer through the Platform for the purchase of products; An Order is deemed complete only once the product has been delivered with a proof of delivery signed by the customer.

 

 

  1. THIRD PARTY SERVICE PROVIDERS

 

3.1.     Vendor acknowledges and agrees that: The Company may contract a Service Provider to provide management software and services for the Platform; and

3.2.    Vendor may provide content to the Platform using the software and/or services of a Service Provider.

 

  1. LICENSE FOR VENDORS’ CONTENT

 

4.1.     License for Content: Vendor hereby grants The Company, its Affiliates, and marketing partners, a non-exclusive, royalty-free, perpetual, irrevocable right and license to publish, use, reproduce, distribute, transmit, display, modify, create derivative works of and otherwise commercially exploit all content (excluding the Vendor Marks) in connection with the sale of products through the Platform and for the listing, advertising, marketing and promotion of such products, including without limitation, through the Platform, third party websites, e-mail, social media or any other medium. Vendor agrees that The Company may permit users of the Platform to share and post Content on their own social media outlets.

4.2.    License for Marks: Vendor hereby grants The Company and its Affiliates and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit and display Vendor’s Marks during the term in connection with listing on the Platform.

 

 

  1. PRODUCT INFORMATION AND OTHER CONTENT

 

5.1.     Vendors will use the Vendor Dashboard to list all the required content, pricing and available inventory per unique product. The Vendors shall adhere to the minimum requirements as set out on the Platform. In addition, the Vendor will use commercially reasonable efforts to ensure the Vendor Dashboard always has an accurate error-free available inventory count per product listed on the Vendor Dashboard.

5.2.    Only provide content for products that fit into the categories or parameters as set forth in the Platform.

5.3.    The Vendor will be held solely responsible for the accuracy of their products’ pricing, available inventory and all content and will be obliged to honor any order placed by a Customer through The Platform as a result of the content provided.

 

  1. PRODUCT AUTHENTICITY AND SAFETY

 

6.1. Authenticity/Authorization: Vendor will maintain adequate processes and procedures for conducting diligence to ensure that products are authentic, authorized for sale, and not stolen, counterfeit, illegal or misbranded.

6.2. Upon the Platform’s request, Vendor will promptly provide The Platform with certificates of authenticity (or similar documentation) for Products; and documentation (e.g., email verifications from the brand owner or supplier) showing that Vendor is permitted to sell specific brands or Products through the Platform and within the Sultanate of Oman.

6.3. Safety, Testing and Certification – Vendor will comply with, and ensure that all Products comply with, all product safety, testing and certification requirements under all applicable laws.

 

 

  1. FEES AND COMMISSIONS

 

7.1.     Commissions: The Vendor shall pay the Company commissions as per the commission structure found in the Annexure, on successful orders placed through the Platform.

7.2.    Modification of the Commission: The Commission can unilaterally be modified by the Company at any time during the term of this Agreement by way of either (a) an amendment to the Commission Structure as per the Annexure; or (b) by issuing notice via an email or through Vendor Dashboard within a 30 days’ prior notice of such Commission revision.

7.3.     Once an order is placed and the payment is done by the customer, the complete amount will first be received by the Company, out of which the Company’s commission will be deducted before transferring the amount to the Vendor(s).

 

  1. PURCHASE/ORDER PROCESSING, FULFILLMENT AND SHIPPING

 

8.1.     Orders once placed on the Platform by Customers shall be shared with the relevant Vendor via the Vendor Dashboard and / or via email. The Vendor should confirm the order and arrange to ship the product to customers within the delivery period mentioned for each product listed on the Platform.

8.2.    If the Vendor is not responsible for delivery, then the Vendor should pack the product and mark the status as “ready for collection” in the Vendor dashboard.

8.3.    Collecting Payment from the customers is the responsibility of the Company. In certain scenarios where Cash on Delivery is chosen as the payment option and the Vendor is responsible for product delivery, any payment collected from the Customers should be deposited to our bank account or as agreed otherwise in writing by The Company.

8.4.    Payment for products shall be transferred to the Vendor within 7 days after completion of delivery of the items.

8.5.    If by any chance, the Vendor is not able to supply the order in full, this has to be intimated to the Company within 24 hours of receiving of the order.

8.6.    The Vendor accepts that it shall be obliged to honor all orders based on the price and availability listed on the Vendor Dashboard and the Platform.

 

  1. CANCELLATIONS, RETURNS AND REFUNDS

 

9.1. The Company shall process all Customer requests for cancellations, returns, refunds and/or customer service price adjustments. The Vendor will stop and/or cancel any Order if requested by The Company; provided that if Vendor has transferred Products to a courier, Vendor will immediately notify The Company and use commercially reasonable efforts to stop and or cancel the delivery.

9.2. The Platform retains the right to accept or reject all refund, return, and exchange requests by Customers. The Platform will process all refunds, returns, and exchanges immediately upon confirmation from the Vendor, which shall be provided within 24 (twenty-four) hours from receipt of a request from The Platform, failing which the Seller will be deemed to have provided its confirmation.

9.3. Refunds, returns, and exchanges will be determined via the policies of the Public Authority for Consumer Protection (PACP), Oman. Seller will be responsible for all exchanges and replacements, where applicable.

9.4. The Vendor will be responsible for all applicable reverse logistics costs incurred in ensuring that the Product(s) is(are) collected from the Customer and returned back to the Seller.

9.5. The ultimate decision on whether or not to refund a Customer will always lie with The Company.

 

 

 

 

  1. PARITY WITH VENDOR SALES CHANNELS

 

10.1.   The Vendor shall ensure that the prices of products listed on the Platform shall be lower or equal to the prices in the Vendor’s any other sales channel including own e-commerce store, physical store or other marketplaces.

10.2.   Any promotions offered by the Vendor in any other sales channel shall be extended to the Platform with the same or better offers.

 

 

  1. RECALLS AND DEFECTS

 

11.1. Vendor is solely responsible for any non-conformity or defect in, or any public or private recall of its products. The Platform will have no responsibility or liability for any recalls of Products sold through the Platform. If Products are subject to a recall, Seller is responsible for all matters, costs and expenses associated with such recall.

 

  1. CONTACT WITH CUSTOMERS AND CUSTOMER SERVICE ESCALATION

 

12.1. The Company will be responsible for providing 1st line telephonic support for Customers; where the Customer query cannot be resolved, it will be escalated to the Company’s 2nd line support and resolution.

12.3.   Where the Company is unable to resolve a Customer support query, the Company will escalate the support query to the Vendor for 3rd line support and resolution.

12.3.1. Seller will always represent itself as a separate entity from the Platform and the Company when providing customer service for its Products sold through the Platform.

12.3.2. For the sake of clarity, the Vendor shall not be entitled to contact the Customer directly under any circumstances without having first obtained the Platform’s prior written consent.

12.4.   Neither Party will disparage the other party or its affiliates or its or their products or services when performing obligations under this Agreement.

 

  1. GOVERNING LAW

 

13.1. These terms and conditions (and any agreement into which they are incorporated) shall be interpreted in accordance with and governed by the laws of the Sultanate of Oman.

 

  1. REPRESENTATIONS AND WARRANTIES

 

14.1.   Each Party hereby represents and warrants to the other Party the following:

14.2.   Authority – The Party is a duly organized, validly existing and in good standing under the laws of the country where such Party was organized and the Party has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder without any further notification or approval. This Agreement constitutes the legal, valid and binding obligations of the Party.

 14.3.  No Conflicts – Neither the execution and delivery of this Agreement by the Party nor the consummation of the transactions contemplated hereby will violate or conflict with any obligation, contract or license of such Party which could reasonably be expected to interfere with the consummation of the transactions contemplated hereby.

14.4.   The Vendor hereby represents and warrants the following:

14.4.1. Power and Authority – Vendor has the right, power and authority to grant the rights and licenses hereunder free and clear of any claims, liens and encumbrances and to sell the Products.

14.4.2. Compliance with Laws – Vendor and all of its employees, subcontractors, agents and suppliers will comply with all applicable Law, as may be amended from time to time, in performing any of its obligations or exercising any of its rights under or related to this Agreement. All Products (including all packaging) and Content will comply with applicable Laws. The production, manufacturing, offer, sale, shipping and delivery of all Products will comply with all applicable Laws. Products will not be produced or manufactured by child labor or convict or forced labor.

14.4.3. Principal Place of Business – Seller’s principal place of business is in Oman or a GCC country and Seller will not conduct any operations relating to this Agreement from outside Oman or the GCC countries.

14.4.4. Content – All Content will be truthful and accurate. Content will not be misleading, deceptive, defamatory, libelous, threatening or harassing; Content shall not infringe upon or violate any Intellectual Property Rights or other right of any third party; Content shall not promote or depict gratuitous violence, the use of alcohol, tobacco or illegal substances or adult-oriented content; or reflect unfavorably on the Platform.

14.4.5. The Vendor will not use the Content to redirect Platform Customers to any other sales channels.

14.4.6. Products – Vendor will only offer Products for sale on the Platform that may be sold and shipped throughout Oman. Vendor will not offer for sale any Products through the Platform that are indicated as prohibited by the laws of the Sultanate of Oman.

14.4.7. Personnel – All Seller personnel will be properly registered, documented, licensed and/or certified in accordance with applicable Law.

14.4.8. Ongoing Warranties – Except as otherwise expressly provided herein, the representations and warranties made in this Agreement are continuous in nature and will be deemed to have been given by Vendor at the execution of this Agreement and each stage of performance of this Agreement.

 

 

  1. RATINGS AND REVIEWS

 

15.1. The Platform may use mechanisms that rate or review, or allow shoppers to rate or review, Vendor’s Products and Vendor’s performance as a seller and the Platform may make these ratings publicly available. The Company will have no liability to Vendor for the content or accuracy of any ratings or reviews. Vendor will have no ownership interest in or license to use any rating or reviews posted on the Platform.

 

  1. CONFIDENTIAL INFORMATION

 

16.1.   Both Parties acknowledge that either Party may receive (the “Receiving Party”) Confidential Information from the other Party (the “Disclosing Party”) during the term of this Agreement, and such Confidential Information will be deemed to have been received in confidence and will be used only for purposes of this Agreement. The Receiving Party will use the Disclosing Party’s Confidential Information only to perform its obligations and exercise rights under this Agreement; and disclose the Disclosing Party’s Confidential Information only to the Receiving Party’s personnel, contractors and affiliates that:

16.1.1. have a need to know the information to assist the Receiving Party with fulfilling obligations under this Agreement;

16.1.2. and have agreed to keep the information confidential in accordance with the terms set forth herein.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

17.1.   Nothing contained in this Agreement shall construe to transfer, sell, assign any intellectual property (“IP”) rights by either Party to other Party. Each Party shall continue to own its IP rights in the Platform, the Products and the Brand as the case may be.

17.2.   Neither Party shall do anything, which is detrimental to intellectual property rights of the other Party, whether now or in the future.

17.3.   The Parties shall not apply, whether directly or indirectly, for registering any copyrights, trademarks or any other IP rights or any work/services produced by the other Party under, or in connection to this Agreement.

17.5.   In case, the Seller is the sole proprietor of Brand bearing in the Products, the Seller acknowledges sharing the copy of the trademark certificate with The Platform, certifying that the Brand name of the Product is duly registered in the Trade Marks Registry.

 

  1. TERM & TERMINATION

 

18.1. This agreement will apply to the Vendor from the moment of registration and / or using the Vendor Dashboard and shall remain in force as long as the Vendor remains a vendor on the Platform and uses it to sell its products.

18.2. Either party may terminate the agreement by giving a 30 (thirty) days’ notice to the other party.

18.3. Seller will continue to have obligations under this Agreement after termination of the Agreement, including without limitation, the obligation to

18.3.1. Fulfil all Orders that have been accepted but not yet delivered;

18.3.2. Provide customer service to Customers who purchased Products on the Platform;

 

  1. INDEMNIFICATION

 

19.1.   Notwithstanding anything to the contrary in this entire document/contract, Seller shall indemnify and hold harmless The Platform, its group companies, affiliates, its officers and employees from and against all losses and Claims arising due to any breach or violation of any terms of this Agreement or any other acts or actions of the Customer with respect to the Brand or sale of the Product by the Seller on the Platform.

19.2.   The Vendor shall indemnify The Platform for any Claims it receives for

19.2.1. Breach or noncompliance of any Applicable Laws;

19.2.2. Breach of any third-party intellectual property rights in relation to the name and trademarks, whether registered or not, relating to the Brand and Products and

19.2.3. Breach of confidential information.

19.3.   The Vendor shall be required to indemnify and hold harmless The Company, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives from any losses including loss of tax credit, claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) on account of violation of applicable tax laws by the Seller (including but not limited to non-filing of the requisite forms with the tax authorities to claim tax credit etc.).

19.4.   With specific reference to Customer disputes and claims, arising solely on account of the services provided by the Platform including but not limited to payment gateways, gift cards, etc.

19.5.   The Vendor hereby authorizes the Platform to settle the Customer disputes, and any resulting liability/losses shall be recoverable and/or subject to set off from final payments/settlements to be done to You.

 

  1. GENERAL TERMS

 

20.1.   Non-Exclusive – Each Party acknowledges and agrees that the rights granted to the other Party in this Agreement are nonexclusive and that without limiting the generality of the foregoing, nothing in this Agreement will be deemed or construed to prohibit either Party from participating in similar business arrangements as those described herein.

20.2.  Assignment – Vendor may not assign (including, without limitation, by way of merger, consolidation or sale of all or substantially all of Seller’s stock or assets) this Agreement, or any of its respective rights or obligations hereunder, without the prior written consent of The Company. Any assignment or assumption without The Company’s prior written consent will be null and void.

20.3.  Integrated Agreement – This Agreement, including all Annexures and policies (if any) referenced herein, constitutes the complete integrated agreement between the Parties concerning the subject matter hereof. All prior and contemporaneous agreements, understandings, negotiations or representations, whether verbal or in writing, relating to the subject matter of this Agreement are superseded in their entirety.

20.4.  Amendments – The Platform may amend the terms of this Agreement (including without limitation, any Annexures hereto) from time to time and will either post such amendments to the Seller Portal (“Amendment Notice”). If Seller objects to any amendment to the terms of this Agreement (including any Annexure hereto), Seller should terminate this Agreement IF SELLER CONTINUES TO PARTICIPATE IN THE PLATFORM AFTER THE EFFECTIVE DATE OF ANY AMENDMENT, SELLER WILL BE DEEMED TO HAVE AGREED TO AND ACCEPTED ANY MODIFICATIONS SET FORTH IN THE AMENDMENT.

20.5.  Waiver – No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions.

20.6.  Severability – If any provision of this Agreement is found by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby, and that this Agreement will in any event otherwise remain valid and enforceable.

20.7.  Independent Contractors – The Company and the Vendor are acting hereunder as independent contractors. The Vendor will not be considered or deemed to be an agent, employee, joint venture or partner of The Company. The Vendor’s personnel will not be considered employees of Astorat Al Riyada Trad., will not be entitled to any benefits that the Company grants its employees and will have no authority to act or purport to act on the Company’s behalf.

20.8.  Force Majeure – Notwithstanding the other provisions of this Agreement, if either Party is in good faith prevented from performing its obligations under this Agreement because of an unexpected extraordinary event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of god, terrorism, earthquake, pandemics, accident, explosion, fire or flood, such Party will promptly notify the other Party, and while so affected, the affected Party will be relieved from performing its obligations provided that, the Party affected will take all reasonable steps to promptly remedy the cause.

 

  1. FOR ADVERTISING ON KULSHAI.COM

 

The website has a number of ad boxes that can be utilized by other businesses to place their advertisement. The ad fees vary on the basis of ad box as well as the contract package chosen.

Kindly contact us to know more about the same.

 

  1. FOR THE CUSTOMERS

 

22.1 Profanity Policy

Kulshai prohibits the use of language that is racist, hateful, sexual or obscene in nature on the website.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view.

Please report any violations of this policy to the correct area for review:

Report offensive Display Names

Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please contact us and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Kulshai will consider the circumstances of an alleged policy violation and the user’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 (if any);

Account suspension.

Kulshai shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Kulshai is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) decreases the popularity of the product, Kulshai shall have the right to delete the customer review. Kulshai shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

22.2 Returns Policy

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Kulshai Platform. Following situations may arise:

  1. Item was defective
  2. Item was damaged during the Shipping
  3. Product(s) was / were missing
  4. Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting us. Seller, while closing the return ticket can select one of the following:

  1. Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it.
  2. Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding.
  3. Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back.
  4. Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back.
  5. On certain select days as specified by Kulshai, separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn’t close the ticket in 15 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

 

22.3 Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Kulshai. Kulshai encourages its Users to be professional, courteous and respectful when communicating by email.

However, Kulshai will investigate and can take action on certain types of unwanted emails that violate Kulshai policies.

Such instances:

Threats of Bodily Harm – Kulshai does not permit Users to send explicit threats of bodily harm.

Misuse of Kulshai System – Kulshai allows Users to facilitate transactions through the Kulshai system, but will investigate any misuse of this service.

Spoof (Fake) email – Kulshai 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.

Spam (Unsolicited Commercial email) – Kulshai’s spam policy applies only to unsolicited commercial messages sent by Kulshai Users. Kulshai Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Kulshai – Kulshai prohibits email offers to buy or sell listed products outside of the Kulshai Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Kulshai policy prohibits user-to-user threats of physical harm via any method including, phone and email.

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

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status (if any)