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eSanshar.com the domain name www.eSanshar.com (hereinafter referred to as 'Website') is owned by eSanshar IT Experts Company (hereinafter referred to as 'eSanshar'), a company incorporated under the Companies Act with its registered office at Butwal-7, Rupandehi, NEPAL.
eSanshar.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of eSanshar.com under this User Agreement or at law, eSanshar.com reserves the right to limit or withdraw access to the Site or the membership of any person if eSanshar.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by eSanshar.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
If you use the Website, you shall be responsible for maintaining confidentiality of your display name and password and all activities that occur with the use of your display name and password. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and
you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and
eSanshar has no control over such third- party generated content as eSanshar is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server,
website or other medium for publication, distribution or any commercial enterprise without eSanshar’s prior written consent.
eSanshar grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non- assignable and personal license to use "Powered by eSanshar" and/or “eSanshar.com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, eSanshar grants seller a limited, non-transferable, non- exclusive, non-sublicensable, non-assignableand personal license to use “eSanshar.com” name and/or logo on packing material used by Seller for delivery of Products sold on the Website.
Registration on the Website is free. eSanshar does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. eSanshar reserves the right to change its fee policy from time to time. In particular, eSanshar may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, eSanshar reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Neplese Currency Rupee (RS) and payable to eSanshar. You shall be solely responsible for compliance with all applicable laws, including those in the NEPAL, for making payments to eSanshar
Sellers shall not be permitted to have multiple accounts on the Website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk, and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the Website. Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don't list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can't have more than one listing of an identical item at the same time.
Listings that infringe third-party Copyright or Trademark are prohibited. Infringing listings or selling or buying any of these items could put sellers at risk for civil or criminal liability. Your listings could be ended early and your account suspended on the Website.
Creators of web content have copyright, trademark, and other rights in the material they create. Copying, modifying, and possibly linking to content created by others could expose sellers to a legal liability.
The Replacement Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product(s) any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the seller.
If eSanshar has suspicion or knowledge that some users are involved in any activity that is intended to provide information or claims that are false, misleading, or not genuine, then eSanshar may, while reserving its rights to initiate civil and/or criminal proceedings against users and at its sole discretion, suspend, block, restrict, or cancel the right of the users to use the Website and/or disqualify users from availing themselves of any protection through this program.
eSanshar reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information.In addition to the legal proceedings as aforesaid, eSanshar may, at its sole discretion, suspend, block, restrict, or cancel the display name (and its related display names) of such a seller and/or disqualify that seller and any related sellers from availing themselves of protection through this program. Any person who, knowingly and with intent to injure, defrauds, deceives, or files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Definition: Return is the action of giving back the item purchased on the Website by a buyer to the seller. The following situations may arise:
It is not permitted for a seller to refuse payment acceptance or fail to deliver an item at the end of a successful sale.
If a violation of this policy is reported to us, eSanshar will consider the alleged offence and the seller’s history before taking action.
A violation of this policy may result in a formal warning to the seller or temporary/indefinite suspension of account.
There are two reasons why your listing may be cancelled or account suspended:
If your listing is cancelled or account is suspended, we'll notify you by email, phone, or other modes of communication about the reasons for cancellation of listing or suspension of your account,
eSanshar collects the amount, including the item and shipping price, paid by a buyer for any transaction made. eSanshar deducts as selling commission a percentage of the item price, shipping charges, plus a fixed per-item fee (herein after referred to as “Fee”). eSanshar shipping rates apply to all items sold.
Non Payment: eSanshar reserves the right to issue a warning to you or temporarily/indefinitely suspend/ terminate your account on the Website and/or refuse to provide you with access to the Website in case of non-payment of fees by you to eSanshar. eSanshar also reserves the right to take legal action in case of non- payment of fees by you to eSanshar.
Sellers may not charge buyers an additional fee for their use of ordinary forms of payment, including electronic transfers or credit cards. Such costs should be built into the price of the item -- this policy reduces the potential for confusion among buyers about the true cost of an item. Further, some forms of payment surcharges, such as credit card surcharges, are prohibited by law or under the issuing institution's rules and regulations for merchants. However, sellers may charge buyers for reasonable shipping and handling fees provided the payment of these fees by buyers is disclosed upfront in the listings. Shipping and handling fee can cover a seller's reasonable costs for mailing, packaging, and handling the item. Shipping and handling fees cannot be listed as a percentage of the final sale price.
eSanshar shall raise an invoice on the seller on every 10th, 20th and 28th/30th/31st (last day of the month, as appropriate) towards Fee due and payable by the seller to eSanshar. For all sales concluded by seller on the Website between 1st to 10th, invoice will be raised by eSanshar on 10th of the same month; for all transactions concluded between 11th to 20th, invoice would be raised by eSanshar on 20th of the same month; and for all transactions concluded between 20th to 28th/30th/31st (last day of the month, as appropriate) invoice would be raised by eSanshar on 28th/30th/31st (last day of the month, as appropriate). Essentially, eSanshar will invoice the seller 3 (three) times in a month, i.e. 10th, 20th and 28th/30th/31st. Payments towards such invoices shall be deducted by eSanshar from the Seller remittances or if there is no monies to the credit of seller account, in such event, seller shall be liable to pay such Fee to eSanshar within 7 days from the date of the invoice.