These Seller Terms & Conditions (“Agreement”) constitute a legally binding contract between Motoguys (“Platform”, “We”, “Us”, “Our”) and the individual or entity (“Seller”, “You”, “Your”) seeking to list and sell products on the Motoguys platform. By submitting a seller application or activating a seller account, You agree to be bound by this Agreement and all applicable laws of India.
1. Definitions
- Platform refers to the Motoguys website, mobile applications, and associated services.
- Seller Account means the registered account through which You access seller tools and manage listings.
- Products means the goods You list, offer for sale, and sell through the Platform.
- Buyer means any customer who purchases Products through the Platform.
- Commission means the percentage of the sale price retained by Motoguys as service fees.
- Content means product descriptions, images, videos, pricing, and any other material You upload to the Platform.
2. Eligibility & Registration
To register as a Seller on Motoguys, You must:
- Be at least 18 years of age.
- Be a resident of, or a legally registered entity in, the Republic of India.
- Possess a valid GSTIN (Goods & Services Tax Identification Number) where applicable under the CGST Act, 2017.
- Hold all permits, licences, and authorisations required by applicable law to manufacture, distribute, or sell the Products You intend to list.
- Provide accurate, current, and complete information during registration. Misrepresentation may result in immediate account suspension.
3. Seller Obligations
As a Seller, You agree to:
- List only genuine, non-counterfeit Products that comply with applicable Bureau of Indian Standards (BIS) certifications, safety norms, and quality requirements under the Legal Metrology Act, 2009.
- Ensure all products comply with BIS IS 4151 (helmets), IS 15258 (riding jackets), and any other notified safety standards.
- Provide accurate product descriptions, images, pricing, and specifications. Misleading descriptions constitute an offence under the Consumer Protection Act, 2019.
- Fulfil orders within the agreed dispatch time and maintain inventory accuracy to prevent overselling.
- Honour Buyer returns, refunds, and exchanges as mandated by the Consumer Protection (E-Commerce) Rules, 2020.
- Maintain records of all transactions for a minimum of 5 years as required under applicable tax laws.
- Not engage in price manipulation, fake reviews, or any deceptive trade practice prohibited under the Competition Act, 2002.
4. Product Listings & Prohibited Items
You must not list or sell any of the following:
- Counterfeit or trademark-infringing goods.
- Products that have been recalled by the manufacturer or government authority.
- Goods prohibited under the Foreign Trade (Development & Regulation) Act, 1992, or any Export-Import (EXIM) policy.
- Items that infringe any patent, copyright, trade mark, or design right under Indian IP laws.
- Used helmets or safety-critical components that pose a risk to Buyer safety.
Motoguys reserves the right to remove any listing at its sole discretion and may report violations to the appropriate authorities.
5. Pricing, Payments & Commission
- All prices must be inclusive of applicable GST in accordance with the CGST Act, 2017 and relevant state GST laws.
- Motoguys charges a commission on each successful sale. The applicable commission rate is communicated at the time of seller onboarding and may be revised with 30 days’ written notice.
- Seller payouts are processed after deducting applicable commission, TDS (Tax Deducted at Source under the Income-tax Act, 1961 — Section 194-O for e-commerce operators), and any return/chargeback adjustments.
- Payment settlement cycles will be communicated in Your seller onboarding materials. Motoguys shall not be liable for delays caused by banking or payment gateway partners.
- Sellers are solely responsible for filing accurate GST returns and income-tax returns. Motoguys will issue Form 26AS-compatible TDS certificates as required.
6. Intellectual Property
You retain all ownership rights in Your Content. By uploading Content to the Platform, You grant Motoguys a non-exclusive, royalty-free, worldwide licence to display, reproduce, and promote such Content solely for the purpose of operating the Platform and marketing its services.
You represent and warrant that Your Content does not infringe any third-party intellectual property rights. Motoguys is not responsible for any Content You submit and reserves the right to take down infringing Content in compliance with the Information Technology Act, 2000 (“IT Act”) and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
7. Confidentiality
Both parties agree to keep confidential all non-public information they receive from the other. This obligation survives termination of this Agreement for a period of 3 years, except where disclosure is required by law or a court order.
8. Account Suspension & Termination
Motoguys may suspend or terminate Your seller account with immediate effect (and without liability) if You:
- Breach any provision of this Agreement or applicable Indian law.
- Receive an excessive number of consumer complaints or chargebacks.
- Engage in fraudulent, deceptive, or abusive conduct towards Buyers or Motoguys.
- Fail to maintain required licences, GSTIN, or certifications.
On termination, any pending payouts will be processed after deducting applicable holds for returns, refunds, and disputes, within 45 working days.
9. Limitation of Liability
To the maximum extent permitted under applicable Indian law, Motoguys’ aggregate liability to You for any claim arising under or in connection with this Agreement shall not exceed the total commission paid by Motoguys to You in the 3 calendar months immediately preceding the event giving rise to the claim.
Motoguys shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising out of or in connection with the Platform.
10. Indemnification
You agree to indemnify, defend, and hold harmless Motoguys, its directors, employees, and agents from and against any claims, damages, losses, penalties, and expenses (including legal fees) arising from: (i) Your breach of this Agreement; (ii) Your Products, including any product liability claim or safety defect; (iii) Your infringement of any third-party rights; or (iv) Your violation of any applicable law, including the Consumer Protection Act, 2019.
11. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement shall be resolved as follows:
- Negotiation: The parties shall first attempt to resolve the dispute amicably within 30 days of written notice.
- Arbitration: If negotiation fails, the dispute shall be referred to a sole arbitrator mutually appointed by the parties, in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Chennai, Tamil Nadu. The language of arbitration shall be English.
- Jurisdiction: Subject to the arbitration clause above, the courts of Chennai, Tamil Nadu shall have exclusive jurisdiction.
12. Amendments
Motoguys may update these Terms at any time by posting the revised version on the Platform. Continued use of Your seller account after the effective date of the revised Terms constitutes Your acceptance of the changes.
13. Consumer Protection Compliance
In compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, You agree to:
- Display all mandatory information including country of origin, price, and seller details on each product listing.
- Provide a clear and accessible returns and refund policy.
- Not engage in unfair trade practices or restrictive trade practices as defined under the Act.
- Respond to consumer grievances within 48 hours and resolve them within 30 days.