Added Section 7.5 & Updated 22.2
2. INTERPRETATION & DEFINITIONS
3. ACCESS TO PLATFORM AND VENDOR PORTAL
4.1.1 Vendor Compliance Policy
6. VENDOR OBLIGATIONS TO CUSTOMER SERVICE
18. RELATIONSHIP OF THE PARTIES
21. Order Processing and DELIVERY
21.2. Order
Processing and Packaging:
21.4. Shipping and Order Fulfilment:
21.4.2. The Vendor acknowledges and agrees that:
21.5. Cancellations, Rejections, Returns and
Refunds
22.1.1 Payment Fees – Vendor Pay-out
1.1. Tudo is in the business of providing services to facilitate Ecommerce via its online marketplace at Tudo - a platform that enables Customers and Vendors to transact online. The Vendor wishes to sell Products on the online marketplace platform provided by Tudo. Tudo offers multiple services to facilitate sales via its online platform. The Vendor appoints Tudo as its commission agent under the terms & conditions set hereunder.
1.2. This agreement expressly supersedes prior agreements or arrangements between both Parties unless expressly agreed otherwise between the Parties.
1.3. Both Parties agree that customer satisfaction is the ultimate interest responsible for guiding the commercial actions and behaviour of both Parties.
1.4. Every transaction of the Vendor on Tudo’s platform is bounded to the acceptance of the terms of this agreement as well as the details, annexes, appendices, platform policies mentioned in this agreement and/or available on Tudo. This agreement will be considered valid as soon as it is electronically accepted by the Vendor.
1.5. The service provided by Tudo is limited to referring customers to the Vendor and accepting orders and payments on their behalf as well as supporting, but not limited to, a range of logistics and marketing services, to be requested and purchased by the Vendor. This support is covered within the agreed level of commission and any additional service fees.
1.6. Tudo may use the services of subcontractors to execute any part of the present agreement or any kind of future services made available to the Vendor without any prior intimation.
1.7. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.8. The platform policies are to be read into and incorporated as an integral part of this agreement. Due to constant improvement of Tudo’s services, platform policies will evolve and change over time (with notice to the Vendor). The Vendor’s use of the platform and access to the Vendor Portal is subject to this agreement and the latest platform policies available on Tudo Vendor Portal.
1.9. In order to maintain its reputation for quality and high service standards, Tudo reserves the right to delist the Vendor and to terminate the relationship with the Vendor based on Tudo’s internal quality assessment of the Vendor as governed by Tudo’s Customer Protection Policy.
1.10. Notwithstanding any clauses in this agreement, this contract is to be read in line with the Vendor Code of Conduct. Any breach in the Vendor Code of Conduct would automatically constitute a breach of contract within this agreement. In any event where the Vendor Code of Conduct is amended, Tudo shall inform the Vendor of the said amendment.
1.10.1.1 Business Integrity, Anti
Bribery
Business must be carried out with a high degree of
ethics, honesty and fair dealings; ensuring staff is
familiar with such policies/procedures and does not engage in threats, bribery
or corruption practices. The offering, paying, soliciting or accepting of
bribes or kick-backs, including facilitation payments,
is strictly prohibited.
1.10.1.2 Child Labor
Employment of children in any form is strictly
prohibited. Business partners and suppliers shall employ only those workers,
who meet the minimum age criterion of 14 years or legal minimum age for working
in any specific country, whichever is greater. Further, workers below 18 years
of age should not be employed night shifts and in hazardous conditions. All
applicable laws relating to young labor including
employment, wages, working hours, overtime and working conditions shall be
complied with.
1.10.1.3 Forced Labor
All forms of forced and bonded labor
are prohibited including compulsory overtime. Workers should be able to
voluntarily end their employment without any restrictions. Any restrictions on
employees to voluntarily end their employment, such as excessive notice periods
or substantial fines for terminating their employment contracts, are
prohibited.
1.10.1.4 Harassment & Abuse
Employees
should be treated with respect and dignity and should not be subjected to any
form of physical abuse or discipline, the threat of physical abuse, sexual or
other harassment and verbal abuse or other forms of intimidation.
Discrimination
Employees
should not be subjected to discrimination in employment, including hiring,
compensation, promotion or discipline, on the basis of
gender, race, religion, caste, age, disability, sexual orientation, pregnancy,
marital status, nationality, political opinion, trade union affiliation, social
or ethnic origin or other status protected by law.
1.10.1.5 Freedom of Association and Right to Collective
Bargaining
The rights of employees to lawfully associate or
not to associate with groups of their choosing shall be respected, as per
applicable laws. The right of employees to engage in collective bargaining as
permissible by law shall also be recognized.
1.10.1.6 Regular Employment
To every extent possible work performed should be on the basis of recognized employment relationship
established through national law and practice.
1.10.1.7 Wages & Benefits
Employees should be paid in a timely manner and at
a rate not less than the minimum wage as required by State & Regional laws.
Employees should also be provided with legally-mandated
benefits, including holidays and leaves, and statutory compensations at the
time of ending employment. There should not be any disciplinary deductions from
their pay.
1.10.1.8 Working Hours
The duration of working hours including overtime
shall not exceed 60 hours per week. Suppliers should comply with applicable
laws governing regular working hours and overtime hours. All overtime hours are
voluntary and should be compensated as per legal requirements. Employees should
be provided with at least 24 consecutive hours of rest in every 7 day periods.
1.10.1.9 Health & Safety
Employees should be provided with appropriate safe
and healthy working conditions including first aid, fire safety, emergency
evacuation and other basic requirements such as canteen / dining area, drinking
water, sanitation etc. A system in place to identify and mitigate work place hazards which can result in illness or physical
harm to the employees, visitor or communities.
1.10.1.10
Environment
Environmental initiatives are considered an
integral part of responsible manufacturing. Reasonable measures should be taken
to avoid any adverse impact on human health and/or the environment by avoiding
or minimizing pollution from manufacturing activities, and
promoting sustainable use of such resources as energy and water.
1.10.1.11
Compliance
with Local Law
Business partners & Suppliers shall comply with
all local and national laws and regulations of the jurisdictions in which we
are doing business as well as the practices of respective industry. Business
partners and suppliers shall further work with suppliers who are committed to
meeting required standards as per local & national laws.
1.10.1.12
Right
of Inspection/Audit
Tudo or a third party designated by Tudo will take certain actions, such as announced or
unannounced inspection/audit of production facilities of its Suppliers, to
implement and monitor these standards. All observations, discussions and
written information received from the supplier are to be treated confidentially
by Tudo, its
employees and any third party organizations appointed by Tudo for this purpose.
2.1. In
this agreement, the words and expressions below shall have the following
meanings:
Bank Account |
The bank account specified by the Vendor in which payments are to be
made |
Business Day |
A day (excluding Saturdays and Sundays) on which banks generally are
open for business in Srilanka |
Commission Schedule |
The schedule setting out the commission which is payable to Tudo by the Vendor for each type of Product sold on the Platform |
Competitor |
Any person or entity, that directly or indirectly, engages in the sale
of Products on the internet in Srilanka. For the avoidance of doubt, any
person whose direct or indirect business is only partially similar to the
aforementioned would still be deemed to be a Competitor |
Contract |
The contract entered into between the Vendor
and a Customer for the sale and purchase of the Products on the Platform |
Customer Protection Policy |
|
Buyer-Vendor Interaction Policy |
Tudo’s Buyer-Vendor Interaction Policy outlines the
standard of behavior that Vendors need to follow
when connecting with customers on the Question & Answer Section, Instant
Messenger, and Product Review Platform (of Tudo). Tudo monitors all
kinds of buyer-Vendor communications and is authorized to take
action in case of any violations. |
Customer |
A person, who purchases Products on the Platform |
Dropship |
Order completing whereby the Vendor is responsible for maintaining
inventory of Products at own premises and making available to Tudo for delivery to Customers |
Fee(s) |
Any fees charged by Tudo for any additional services such as pickup or returns |
Final Delivery |
The transfer of ownership of the product from the Vendor to the end
customer |
General Terms |
The terms set out in this agreement |
Handling Time |
The time from the forwarding of the order by Tudo to the Vendor till dispatch of the Product by the Vendor (excluding
Sundays) |
In writing/written |
All communications made through the Vendor Portal or sent by Tudo through courier or email |
Inbound |
The reception department at Tudo’s
warehouse that performs the actions of accepting and registering Products
brought to the warehouse by the Vendor |
Intellectual Property |
Any patent, copyright, registered or unregistered design, design
right, registered or unregistered trademark, service mark or other industrial
or intellectual property right and includes applications for any of them |
Listed Price |
The listing price of the Product on the Platform and shall be that
price at which the Vendor informs Tudo that it wishes to sell any Product and which price shall include any
taxes, whether federal, provincial or local, which the Vendor is required and
liable to pay on the sale or supply of each Product or type of Product. The
Listed Price shall not be higher than the price at which the Vendor offers
the same Product through its own sales channels |
Penalty/Penalties |
Any financial and/or operational penalty inflicted by Tudo on the Vendor for any breach of Platform Policies |
Pending |
The status on the Vendor Portal depicting that an order has been
received and awaiting processing |
Performance Scorecard |
The report conveyed to the Vendor by Tudo which depicts the operational performance of the Vendor |
Platform |
The website Tudo or any
affiliate website |
Platform Policies |
All the policies and guidelines applicable to Vendors and available
on Tudo |
Product(s) |
The products which the Vendor intends to sell on the Platform. |
Ready to Ship |
The Products are signalled as being physically available, packed
according to packaging guidelines and ready to be transferred to Tudo for delivery |
Failed Orders |
A Product that has been shipped but could not be successfully
delivered to a Customer, for any reason whatsoever |
Required Product Information |
Means, with respect to each of the Products, the following (except to
the extent expressly not required under the applicable Platform Policies):
(a) detailed description, including as applicable, specifications,
location-specific availability and options, scheduling guidelines and service
cancellation policies; (b) Product numbers, and other identifying information
as Tudo may reasonably
request; (c) information regarding in-stock status and availability, shipping
limitations or requirements, and shipment information; (d) categorization
within each Product category and browse structure as prescribed by Tudo from time to time; (e) digitized image that accurately depicts the
Product, complies with all Tudo image guidelines, and does not include any additional logos, text or
other markings; (f) Listed Price; (g) any text, disclaimers, warnings,
notices, labels or other content required by applicable law to be displayed
in connection with the offer, merchandising, advertising or sale of the
Product; (h) any Vendor requirements, restocking fees or other terms and
conditions applicable to such Product that a Customer should be aware of
prior to purchasing the Product; (i) brand; (j) model; (k) product
dimensions; (l) weight; (m) a delimited list of technical specifications; (n)
Product numbers (and other identifying information as Tudo may reasonably request) for accessories related to the Product that
is available in Tudo’s catalog; and (o) any other information reasonably
requested by Tudo (e.g., the
condition of used or refurbished products) |
Return Policy |
The policy governing the return, refund, cancellation
or rejection of products and which can be viewed within. |
Returned Product |
A Product that had been delivered but has been returned by the
Customer, for any reason whatsoever |
Rules of Packing & Shipping |
The rules governing the dispatch and handling of the products sold by
the Vendor, which can be viewed within |
Vendor Portal |
The login based platform accessible by a Vendor
by using the user name and password provided to it by Tudo |
Vendor Performance |
The Vendor performance in accordance with the policies and standards
defined by Tudo |
Vendor Support Center |
The support service provided by Tudo to solve the issues faced by Vendors as well as help Vendors grow
their business |
Shipped |
A Product is considered shipped and on course for delivery to the
Customer |
Signup Process |
Process via which person(s) or entities sign up to sell on Tudo’s online marketplace |
Shipping Provider |
An external service provider designated by Tudo for shipping |
3.1. After going through and successfully
completing the Signup Process, Tudo shall provide the Vendor with a unique username
and password to access the Vendor Portal and complete the registration process.
3.2. The Vendor is responsible for maintaining up
to date information pertaining to their business on Vendor Portal such as, but
not limited to, address and bank account number. Tudo is not responsible for any liability arising from
incorrect information supplied by the Vendor.
3.3. The Vendor shall be solely responsible for the
safety and security of its password and shall not disclose its password to any
third party. The Vendor is solely responsible for any use of
or action taken under the password and shall fully indemnify Tudo from any damages or injury resulting from any
unauthorized use of its password.
3.4. Any correspondence or communication received
through the Vendor Portal and/or appointed email address shall be presumed to
originate from and have been made with the approval of the Vendor and Tudo shall be entitled to rely on such correspondence
or communication.
3.5. Every message sent to the Vendor through his
registered email in the Vendor Portal account or via Vendor Portal which did
not receive an answer or written objection within 72 hours will be worth
agreement between Tudo and
the Vendor.
4.1 The Vendor agrees to respect and follow Tudo’s Compliance Policy to
operate their shop smoothly and avoid the consequences of breaching the policy.
Tudo
is dedicated to creating a trusted platform, connecting vendors to buyers, that
promises an amazing online experience. Therefore, we have introduced a Vendor
Compliance Policy. All vendors must obey compliance policy.
·
Accurate information on product color,
model, sizing, and variation
·
Correct details of what’s in the box
·
Accurate product weight information
4.1.1.2.1.1.1 Example of misleading product information:
If multiple color
variations are shown in the same image, implying that any random color may be dispatched to the customer. (In this case we
recommend adding variations and multiple images the customer can select from at
the time of purchase).
No Vendor will be allowed to sell counterfeit products and/or products
not authorized to be sold on Tudo.
Counterfeit Items
·
Items that bear such similarities with other
products that they are likely to deceive buyers into thinking they are made or
sold by the owner of the other product's brand.
·
Items that apply a trademark (e.g.
a brand or character logo) on the product, the product packaging, or anywhere
in relation with the product, without authorization by the trademark owner.
·
Items that contain specific design elements (e.g. cartoon characters or colourways) protected by a
trademark, without the authorization by the trademark owner.
4.1.1.2.1.3 Prohibited Items
Items that are in violation of any local country laws in which they are
sold. Some of them are listed below
No. |
Type of Products |
1 |
Imitation firearms/paraphernalia |
2 |
Military uniforms/Police uniforms |
3 |
Translation of the Holy Quran without Arabic text |
4 |
Anti-Islamic, obscene or
subversive literature |
5 |
Counterfeit products |
6 |
Narcotics |
7 |
Used vegetable ghee and cooking oil |
8 |
Alcoholic beverages and spirits |
9 |
Brewery machinery/machinery for alcoholic
beverages |
10 |
Gambling equipment |
11 |
Hazardous or combustible materials/ flammable
substances |
12 |
Fireworks |
13 |
Kite/Kite String |
14 |
Stolen goods |
15 |
Live animals, animal semen and embryos |
16 |
Asbestos |
17 |
Human blood and its fractions. |
18 |
Explosives |
19 |
Machinery for arms and ammunition |
20 |
Radioactive substances |
21 |
Security printing, Currency
and mint. |
22 |
Arms and Ammunition/ Parts and accessories of
arms and ammunition non-prohibited bores. |
23 |
Illegal Services |
24 |
Jammers/ Descramblers |
25 |
Sheesha /Hookah |
26 |
Fur |
27 |
Invoices/ blank |
28 |
Ivory |
29 |
Birth certificates, driving licenses, passports and visas |
30 |
Bullion |
31 |
Aerosols |
32 |
E-Cigarettes, Cigarette tobacco |
33 |
Giveaways, lotteries, raffles, or contests |
34 |
Stocks, bonds, investment interests, and other securities |
35 |
Digital currencies |
36 |
Military decorations, medals
and awards |
37 |
Spy equipment and device |
38 |
Bank card readers/ skimmers |
39 |
Offer financial services, including money
transfers, issuing bank guarantees and letters of credit, loans, fundraising
and funding for person investment purposes, etc. |
40 |
All items offensive to the Muslim culture or
sensitive to the South East Asia security situation
are prohibited. |
41 |
Medical or healthcare advisory services |
42 |
Bulk email or mailing lists that contain
personally identifiable information |
43 |
Coal, iron, iron ore, gold, titanium ore,
vanadium ore and rare earth minerals. |
44 |
Iranian petroleum products |
45 |
Textile products of North Korea |
46 |
Seafood of North Korea |
47 |
Electrical Equipment of North Korea |
48 |
Steel, Iron, Copper, Alumnimum
of Iran |
49 |
Machinery of North Korea |
50 |
Earth, Stone Wood of North Korea |
51 |
Food/Agriculture of NK |
52 |
Minerals of NK |
53 |
Iranian textile, construction, mining
and manufacture industries |
54 |
* Prohibit the sale of textile raw materials,
machinery, textile products and related services imported from or exported to
Iran |
This Fair-Trading Policy defines what are the fraudulent activities that
vendors are not allowed to participate in. This is to inculcate professional
and reliable vendor behaviour so that we can boost the confidence and preserve
the trust of shoppers for our platform.
4.1.1.2.1.4.1
Fraudulent Dealing
Fraudulent dealing is a vendor’s violation of Tudo rules and policies, by participating in fraudulent
activities that allegedly infringe on the property rights or other legitimate
rights and interests of others.
Listed below is a non-exhaustive list of examples of fraud:
1. The Vendor obtains payment by providing goods, services or logistics
information that are false or inconsistent with the description of the product
listing.
2. Implementing fraudulent acts through third-party accounts
3. Sending a phishing link or Trojan virus information in order to defraud other people
4. Fraudulently using the name of Tudo and its affiliates or Tudo customer service
Vendors who are found to have participated in fraudulent
activities will result in an immediate termination of the vendor’s account with
Tudo
4.1.1.2.1.4.2
Anti Competitive Behavior
Tudo has always been committed to maintaining a fair
and equitable ecommerce environment so that any Vendor and buyer, who chooses
to transact on Tudo,
will not be disadvantaged. We will diligently and continuously monitor so as to protect the legitimate rights and interests of
other users or platforms.
Anti-competitive behaviour or practices are business practices that prevent
and/or reduce competition on Tudo.
Examples of anti-competitive behaviour includes, but is not limited to
the following scenarios:
Competitor harm: The Vendor
maliciously orders, maliciously evaluates, or maliciously complains to other
Vendors by themselves or by using other member accounts, affecting the
reputation and normal operation of other Vendors.
Malicious order: refers to the Vendor's use of member accounts to place
orders from other Vendors, which affects the normal operation of other Vendors,
such as not paying for stock.
Malicious evaluation: refers to
the Vendor using member account to place orders from other Vendors, maliciously
giving bad reviews or evaluating.
Malicious Complaint: The Vendor
complains to other Vendors by himself or by using other member accounts. The
complaint content lacks relevant basis, or the purpose of the complaint is
improper. There is deliberate damage to the goodwill of the peer Vendor due to
the fraudulent operation of the Vendor or the deliberate attack on the
legitimate operation of the peer Vendor.
Vendors who are found to have participated in fraudulent
activities will result in an immediate termination of the vendor’s account with
Tudo
4.1.1.2.1.4.3 Self Promotion:
Vendors are not allowed to purchase their own products with
intentions to increase their performance, in one way or another, on Tudo
platform. Any Vendor who is found to have ordered own products, or in a way or
another collaborated with someone else to order own products.
4.1.1.2.1.4.4 Fulfilment Fraud
Fulfilment fraud refers to the situations where Vendors
deliberately create false shipments to cheat buyers. Tudo does not tolerate fraudulent Vendor
behaviour and Vendors who are found to have participated in fraudulent
behaviour will be handled with the non-compliance actions laid out under the
Non-Compliance Points.
What kind of actions are considered as Fulfilment Fraud?
Tracking Misrepresentation
Vendor tries to change the tracking details mentioned on
freight bill for any reason. For example, Filling
invalid Air way bill details that are unrelated to the order transaction.
Examples of Tracking Misrepresentation are listed but are
not limited to the following:
Invalid shipping tracking reference number
The buyer and Vendor are maliciously colluded, and in the
absence of real order transactions, misleading the Tudo platform through misappropriation of false
shipments
Valid shipping tracking reference number but given tracking
number has no obvious relationship with the order transaction
The Vendor induces the buyer to confirm the receipt in
advance when the goods are not received
Sending Empty Parcels/ Unrelated Items
An example of sending unrelated items to buyers (but are
not limited to the following):
Buyer orders an iPhone 8 from Vendor. Upon delivery, the
buyer received an empty box.
Vendors who are found to have participated in fraudulent
activities will result in an immediate termination of the vendor’s account with
Tudo
Tudo is dedicated to providing
all buyers and vendors with the best selection of goods and to creating an
amazing customer and online shopping experience. We do not allow listings that
violate the intellectual property rights of brands or other rights owners.
Tudo is dedicated to creating a trusted platform,
connecting vendors to buyers, that promises an amazing online experience. Tudo
does not allow any vendors (or buyers) to deliberately create any form of an
unhappy transaction, in any manner, for each party.
We strongly encourage all vendors (and buyers) to communicate with each other
in accordance to our Communication
Guidelines.
1. Causing Bodily Harm
This is defined by a verified case of a vendor in
the course of committing assault, causing bodily harm/physical hurt to any Tudo
buyer or Tudo employee, within or out of the course of a sales
transaction. It is important to note that this is also a statutory offence
where a vendor may potentially face prosecution.
2. Issuing Threats to Buyers or Tudo employees
Tudo does not tolerate threats of any kind, using any method
including phone calls, text messages, emails or on our public communication
spaces
3. Unsolicited Communication
We do not allow our vendors to send spam to our
buyers. Spam is a message, or part of a message that is both unsolicited and
commercial in nature. Unsolicited means that recipient did not request for the message.
Commercial in nature means that the message discusses, buying, selling and/or
trading of goods and services.
5. Profanity and Hate Speech
In our continuous effort to make Tudo a trusted platform with wonderful shopping experience, we
do not allow our vendors (or buyers) to use profanities, hate speech or misbehavior in their communication on the Tudo platform.
5.2. The Vendor agrees to respect and follow Tudo’s Customer Protection Policy. If
any changes occur in the policy, the Vendor will be informed via email.
5.3. Tudo measures Vendor performance on an ongoing basis.
5.3.1. Tudo will rank the Vendor based on performance. There
are daily order limits associated with each rank.
5.3.2. Tudo may, at any time, delist, downgrade
or upgrade the Vendor depending on commercial and operational performance
without any prior notice to the Vendor.
5.3.3. Upon delisting, the Vendor may need to go
through the training module again in order to re-list
on Tudo’s Platform. Tudo retains the right to blacklist Vendors who
repeatedly breach delisting thresholds and retains sole discretion on how the
re-listing process in managed.
5.3.4. Tudo may, at its discretion, exempt certain Vendors
from the daily order limitations and delisting criteria. These Vendors may
instead be charged financial penalties if performance does not meet the
Standard Ops Score. These financial penalties may be deducted from the payout released to the Vendor as per payment terms.
Offences that can lead to Penalties include, but are not limited to, the
following:
5.3.4.1. High rate of return on products
5.3.4.2. Lack of respect of packaging guidelines
5.3.4.3. Cancellations and orders out of stock
5.3.4.4. Slow fulfilment of orders
5.3.4.5. Selling counterfeit and illegal Products
6.1. Tudo may forward questions or complaints received by Tudo’s Customer Service department
regarding any sold Product(s) to the Vendor. The Vendor shall be obliged to
respond to Tudo on
all such questions or complaints within forty-eight (48) hours of the receipt
of such questions or complaints.
6.2. On receiving Vendor’s response to any question
or complaint, Tudo
shall promptly forward the response to the Customer.
6.3. If a Vendor fails to respond to any question
or complaint within forty-eight (48) hours of receiving the same, the Vendor or
any of its Products may be de-listed from the Platform without further notice.
7.1. As an agent for the Vendor, Tudo shall be entitled to receive a commission for the
sale of each Product on the Platform, basic commission rate as follow.
7.1.1 Silver Vendor – 5% Commission Rate. All
delivery failed chargers should paid by the vendor. Bank transfer fees (Rs.10/-
Per Transaction) (If applicable) may charge from the vendor at every pay-out.
Standard promotion will be from Tudo.
7.1.2 Gold Vendor – 10% Commission Rate. Delivery
Failed chargers will pay by Tudo. Bank transfer fees (Rs.10/- Per Transaction) (If
applicable) may charge from the vendor at every pay-out. Standard promotion
will be from Tudo.
7.1.3 Platinum Vendor – 15% Commission Rate.
Delivery failed chargers and all payment fees paid by Tudo. Special Promotion for vendor store.
7.1.4 Premium Vendors – Special Commission rate
and chargers as agreed by the Tudo and Vendor.
7.2. Commissions are calculated as a percentage of
tax inclusive sales price.
7.3. These Commissions are deducted by Tudo when making a pay-out to the Vendor defined under
Payments.
7.4. Tudo reserves the right to adjust the percentage
Commission defined in the Commission schedule, providing suitable notice of 14
days in advance to the Vendor before enactment.
7.5. Commission rate for Adult Toys Category is 15%. And all delivery
failed order chargers should pay by the vendor. This will supersede Section 7.1
8.1. Tudo shall receive and process all payments for
Products purchased on the Platform on behalf of the Vendor. Tudo shall make payment of the amount of the Listed
Price for the Product(s) received from a Customer, less its commission for the
sale of the Product(s), less any service Fees/Penalties or any other amounts
due if applicable, subject to its right of set-off under this agreement.
8.2. The payments will be made to the Vendor on weekly
basis to the Bank Account, provided that payment
related to any Product shall be initiated not less than 15 days after the
Product has been successfully delivered to the Customer.
8.3. Tudo will ensure payment statements are available on
the Vendor Portal with all relevant payment information.
8.4. All payments will be made in Sri Lankan
Rupees. In case the Vendor wishes to change the information for the Bank
Account, it may do so by updating its Bank Account information through the Vendor
Portal. Payments will be made via online transfer to the Bank Account specified
by the Vendor in the Vendor Portal.
8.5. The Vendor agrees that Tudo shall not be liable for any failure to make
payments arising due to incomplete or inaccurate information provided by the Vendor
with regards to its Bank Account
8.6. In case a payment has been issued by Tudo to the Vendor for a delivered item that is later
returned to Tudo by
the customer, Tudo will
deduct equivalent amount in the next cycle and return the product to the Vendor
(subject to return policy).
8.7. In case a Vendor’s Product is lost by Tudo and/or shipping provider during transit or
handling, Tudo will
purchase the product in question and process the payment as completed order.
8.8. In case the Vendor raises a dispute about the
condition of a returned Product (e.g. Product is damaged), Tudo will purchase Product in question given the case
is reviewed and accepted by Tudo in favour of the Vendor. For such a purchase,
ownership of said Product shall pass to Tudo.
8.9. Tudo shall be entitled to deduct or withhold from
payments to be made to the Vendor under this agreement any duties, taxes or
other amounts required to be deducted or withheld under any federal, provincial or local law and to remit the same to the taxing
authority of any jurisdiction relevant to the transaction.
8.10. Any sums due to the Vendor hereunder may be
applied by Tudo as a
set off against any sums owed by the Vendor to Tudo, or against any claims of third parties against Tudo arising from the Vendor’ performance, whether
under this agreement, any Contract or other document.
8.11. The Vendor shall be responsible for payment
of all customs duties, sales tax, excise tax, value-added tax and any other
duties, excess, fees or charges of whatsoever nature
which may be imposed by governing authorities of any jurisdiction applicable in
connection with sale or supply of its Products on the Platform and their
purchase by Customers. It is clarified that the Vendor shall be solely
responsible for the payment of any sales tax on the supply of these Products to
the Customer through the Platform and Tudo shall have no liability in this regard.
9.1. The Vendor warrants to Tudo that all its Products sold on the Platform,
whether manufactured, imported or otherwise produced or provided by the Vendor
or others, will:
9.1.1. Strictly conform to the specifications,
drawings, samples, performance criteria, and other descriptions referred to or
provided on the Platform;
9.1.2. Be of merchantable quality and fit for the
purpose(s) intended; and
9.1.3. Have all relevant regulatory permits and
licenses, and conform to all applicable laws, ordinances, codes
and regulations.
9.2. The Vendor furthermore warrants and represents
to Tudo
that:
9.2.1. It is competent to enter into this agreement
and any Contract and its entry into this agreement and any Contract and the
performance thereof have been duly authorized by all necessary corporate action
and constitutes a valid and binding agreement of the Vendor, enforceable
against the Vendor in accordance with the terms thereof.
9.2.2. The Products and their packaging will comply
with all applicable marking and labeling
requirements.
9.2.3. None of the Products have been or will be
produced or manufactured, in whole or in part, by child labor
or by convict or forced labor.
9.2.4. It and its subcontractors, agents and
suppliers involved in producing or delivering the Products will strictly adhere
to all applicable laws of Srilanka and other countries where the Products are
produced or delivered, regarding the operation of their facilities and their
business and labor practices, including without
limitation working conditions, wages, hours and
minimum ages of workers.
9.2.5. All customs duties, excises tax and any
other tax on the import, manufacture or production of the Products have been
duly paid.
9.2.6. It is legally entitled and permitted to sell
the Products that it is listing.
9.2.7. The Products are not dangerous and do not
contain any hazardous substance, contraband, explosives, or any kind of
prohibited material as per law.
9.2.8. It will package and ship all Products in
accordance with all applicable laws and the Vendor shall be solely responsible
for any violation of law and will indemnify Tudo against the consequences of any such violation.
9.2.9. All information, including but not limited
to all information furnished to Tudo with regards to the Products is accurate and up-to-date.
9.2.10. It shall not host, display, upload, modify,
publish, transmit, update or share any information
which infringes any patent, trademark, copyright, proprietary rights, third
party’s trade secrets, rights of publicity, or privacy, is fraudulent or
involves the sale of counterfeit or stolen items.
9.2.11. All formal consents, waivers, approvals,
authorizations, exemptions, registrations, licenses or
declarations of or by or filing with, any authority or contracting party which
are required to be made or obtained by the Vendor in connection with the entry
into this agreement or any Contract and the performance of the same, have been
duly obtained.
9.2.12. The entry, delivery and performance of this
agreement or any Contract by the Vendor will not violate or conflict in any
material respect with any law, statute, rule, regulation, ordinance, code,
judgment, order, writ, injunction, decree or other
requirement of any court or of any governmental body or agency thereof.
9.2.13. In its performance under this agreement and
any Contracts entered into with Customers, the Vendor
shall strictly comply with all applicable laws, treaties, ordinances, codes and
regulations, and specifically with any import and export, and health, safety
and environmental, laws, ordinances, codes and regulations of any jurisdiction
(whether international, country, region, state, province, city, or local) where
this agreement may be performed. Upon Tudo’s written request, the Vendor shall provide any written certification of
compliance required by any federal, state, or local law, ordinance, code, or
regulation.
9.2.14. If necessary, the Vendor shall be obliged
to procure all formal consents, waivers, approvals, authorizations, exemptions,
registrations and/or licenses necessary for Tudo to feature the Products on the Platform, at its
own cost.
9.2.15. Tudo may at any point require the Vendor to provide any
financial, business or personal information for any
purpose whatsoever, and the Vendor shall provide the same to Tudo within seven (7) Business Days of such request
being made.
9.2.16. It is our policy to prohibit and actively
pursue the prevention of money laundering and any activity that facilitates
money laundering or the financing or of terrorist or criminal activities. We
are commited to anti-money laundering compliance in
accordance with applicable law and require our directors, officers
and employees to adhere to these standards in preventing the use of our
products and services for money laundering purposes. You warrant that you are
not, in any way, actively involved in money laundering or financing of
terrorist or criminal activities or any other illegal activity. We reserve the
right to carry out necessary money laundering, terrorism financing, fraud or
any other illegal activity check before authorizing your account, payments or processing of any applicable refunds.
Please note all mobile devices should have a Telecommunication
Regulatory Commission (TRC) approved sticker in order for
a Vendor to be selling any mobile devices which are connected to the Cellular
Networks inserting a SIM.
Therefore, please obtain a TRC approval and place the sticker on all
mobile devices that you wish to sell with us.
10.1. The Vendor warrants represents and covenants
that its import, manufacture, production, sale, distribution
and use of the Products do not infringe directly or indirectly any Intellectual
Property. The Vendor warrants, represents and covenants that featuring of the
Products on the Platform does not, directly or
indirectly, infringe any Intellectual Property.
10.2. The Vendor undertakes and represents to Tudo that it has all rights and ownership or is a
licensed user of all Intellectual Property in relation to the Products and the
supply of the Products which shall not be infringed due to marketing, promoting and featuring the Products on the Platform. Tudo acknowledges that it will not acquire any rights
in respect of the Intellectual Property in relation to the Products.
10.3. The Vendor represents and warrants to Tudo that it is not aware of any claims made by any
third party with regards to any alleged or actual patent, copyright, trade
secret, trademark, trade name, or other intellectual property right
infringement or other claim, demand or action resulting from the manufacture,
sale, distribution or use of the Products.
10.4. Both parties agree to release, defend,
protect, indemnify and hold their affiliates, and their respective directors,
officers, employees, contractors, agents, suppliers, users, successors, and
assigns, harmless from and against any and all costs (including attorney fees
and court costs on an indemnity basis), expenses, fines, penalties, losses,
damages, and liabilities arising out of any alleged or actual patent,
copyright, trade secret, trademark, trade name, or other intellectual property
right infringement or other claim, demand or action resulting from the
advertising, promotion, manufacture, sale, distribution or use of the Products.
10.5. The Vendor shall not be entitled to use any
Intellectual Property belonging to Tudo without Tudo’s prior approval in writing.
10.6. Both Parties shall not make any negative,
denigrating, or defamatory statement(s)/comment(s) about each other, the brand
name, or the Platform, or otherwise engage in any conduct or action that might
tarnish the image or reputation of Tudo or Vendor’s on the platform or otherwise tarnish
or dilute any Tudo or Vendors’
trade mark, service marks, trade name and/or goodwill associated with such
trade, service marks or trade name as may be owned or used by either Party
11.1. All Customer information and data, designs,
drawings, specifications, communications, whether written, oral, electronic,
visual, graphic, photographic, observational, or otherwise, and documents
supplied, revealed or disclosed in any form or manner to the Vendor by Tudo, or produced or created by the Vendor for Tudo hereunder are the intellectual property of, and
confidential to Tudo and Vendor
and shall be used solely by the Vendor for purposes of this agreement. All such
information shall be treated and protected by the Vendor as strictly confidential, and shall not be disclosed to any third party
without the prior written consent of Tudo, and shall be disclosed within the Vendor’s
organization only on a need-to-know basis.
11.2. Both Parties may require their respective
employees and other personnel involved in the performance of this agreement to
execute an individual confidentiality agreement prior to any disclosure. Any
non-disclosure agreement heretofore executed by the Vendor in connection with
the sale of its Products under this agreement is hereby expressly incorporated
within the Contract.
11.3. Both parties shall immediately return to each
other any information provided, either upon demand, or upon termination of this
agreement, including all copies made by either Party.
11.4. Both Parties shall not publicize, disclose,
or discuss the existence, content, or scope, whether generalities or details,
of this agreement or make any reference to each other, the business of either
to any third party by any means, and through any medium (including but not
limited to advertising, web site references, photographs, articles, press
releases or interviews, speeches or programs) without
obtaining prior written consent.
12.1. The Vendor agrees to release, defend,
indemnify and hold harmless Tudo, including its affiliates, and any director,
officer, employee, contractor, or agent, against any costs (including attorney
fees and court costs on an indemnity basis), fines, penalties, damages, and
liabilities, arising from, alleged to arise from, or in any way associated
with:
12.1.1. any defect in Products sold to any Customer;
12.1.2. any claim made by any Customer on the basis
of any Contract;
12.1.3. any defect in the packaging or shipping of
a Product by the Vendor;
12.1.4. any violation of any law committed by the Vendor,
including any failure by the Vendor to pay any required tax on the import,
manufacture, production, sale, supply, distribution or
delivery of a Product.
12.1.5. any negligence or fault of whatever nature
of the Vendor or its affiliates, and any director, officer, employee,
contractor, or agent; or
12.1.6. any breach in any warranty or
representation made herein.
13.1. The Platform And Vendor
Portal, Including All Content, Software, Functions, Materials And Information
Made Available On Or Provided In Connection With The Vendor’s Access To And Use
Of The Platform And The Vendor Portal, Are Provided "As-is." The Vendor
Acknowledges and Confirms That It Will Access and Use The
Platform And The Vendor Portal At Its Own Risk. To the Fullest Extent
Permissible by Law, Tudo
Disclaims:
(i) Any Representations Or
Warranties Regarding This Agreement, The Contracts Or The Transactions
Contemplated By This Agreement, Including Any Implied Warranties Of
Merchantability, Fitness For A Particular Purpose Or Non-infringement;
(ii) Implied Warranties Arising Out Of Course Of
Dealing, Course Of Performance Or Usage Of Trade; And
(iii) Any Obligation, Liability, Right, Claim Or Remedy In Tort, Whether Or Not Arising From Tudo’s Negligence. Tudo Does Not Warrant That The Functions Contained In
The Platform And Vendor Portal Will Meet The Vendor’s Requirements Or Be
Available, Timely, Secure Uninterrupted Or Error Free, And Tudo Will Not Be Liable For Any Service Interruptions,
Including But Not Limited To System Failures Or Other Interruptions That May
Affect The Receipt, Processing, Acceptance, Completion Or Settlement Of Any
Contracts Or Transactions.
Tudo Does Not Warrant That The Functions Contained In
The Platform And Vendor Portal Will Meet The Vendor’s Requirements Or Be
Available, Timely, Secure Uninterrupted Or Error Free, And Tudo Will Not Be Liable For Any Service Interruptions,
Including But Not Limited To System Failures Or Other Interruptions That May
Affect The Receipt, Processing, Acceptance, Completion Or Settlement Of Any
Contracts Or Transactions.
13.2. Because Tudo Is Not A Party To The Contracts Between Customers
And Vendors, If A Dispute Arises Between Them, The Customer And Vendor Release Tudo (And Its Agents And Employees) From Claims,
Demands, And Damages (Actual And Consequential) Of Every Kind And Nature, Known
And Unknown, Suspected And Unsuspected, Disclosed And Undisclosed, Arising Out
Of Or In Any Way Connected With Such Disputes.
13.3. Tudo Will Not Be Liable (Whether In Contract, Warranty,
Tort (Including Negligence, Product Liability Or Other Theory) Or Otherwise) To
The Vendor Or Any Other Person For Cost Of Cover, Recovery Or Recoupment Of Any
Investment Made By The Vendor In Connection With This Agreement, Or For Any
Loss Of Profit, Revenue, Business, Or Data Or Punitive Or Consequential Damages
Arising Out Of Or Relating To This Agreement, Even If Tudo Has Been Advised Of The Possibility Of Those Costs
Or Damages. Further, Tudo’s Aggregate Liability Arising Out Of Or In Connection With This
Agreement, The Contracts Or The Transactions Contemplated Will Not Exceed At
Any Time The Total Commission During The Prior Three Month Period Paid By The Vendor
To Tudo
Except For Under Clause 5.6.
14.1. Tudo shall not be liable to the Vendor or be deemed to
be in breach of this agreement by reason of any delay in performing or any
failure to perform any of Tudo’s obligations if the delay or failure was due to any cause beyond Tudo’s reasonable control. Without
prejudice to the generality of the foregoing the following shall be regarded as
causes beyond Tudo’s reasonable control:
14.1.1. Act of God, explosion, flood, tempest, fire
or accident war or threat of war, sabotage, insurrection, civil disturbance or requisition;
14.1.2. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part
of any governmental, parliamentary or local authority;
14.1.3. import or export regulations or embargoes;
14.1.4. interruption of traffic, strikes lock-outs or other industrial actions or trade disputes
(whether involving employees of Tudo or of a third party);
14.1.5. interruption of production or operation,
difficulties in obtaining raw materials labour, fuel, parts or machinery;
14.1.6. power failure or breakdown in machinery.
14.2. Tudo may, at its option, fully or partially suspend
delivery/performance while such circumstances continue and Tudo shall not be liable for any loss or damage
suffered by the Vendor as a result of such suspension, including but not
limited to from the Vendor’s failure to fulfill any
Contract with a Customer.
15.1. This agreement remains valid for one year
extendable by tacit agreement until one of the parties terminates it.
15.2. The Vendor may terminate this agreement by
means of thirty (30) Days’ notice by registered letter with acknowledgement of
receipt.
15.3. On or at any time after the occurrence of any
of the events of default in Clause 14.4 below, Tudo shall, in addition to any rights or remedies it
may have in law, in equity, be entitled to terminate this agreement with
immediate effect by written notice to the Vendor.
15.4. The following shall constitute events of
default:
15.4.1. the Vendor being in breach of any warranty
or representation under this agreement or any Contract;
15.4.2. the Vendor being in breach of any
obligation under this agreement or any Contract and failing to remedy the same
on or before seven (7) Business Days from receipt of a written notice from Tudo of such breach;
15.4.3. the Vendor passing a resolution for its
winding up or a court of competent jurisdiction making an order for the Vendor’s
winding up or dissolution;
15.4.4. The making of an administration order in
relation to the Vendor or the appointment of a receiver over or an encumbrance
taking possession of or selling any of the Vendor’s assets;
15.4.5. the Vendor making an arrangement or settlement
with its creditors generally or applying to a court of competent jurisdiction
for protection from its creditors;
15.4.6. the Vendor ceasing or threatening to cease
to carry on business; or
15.4.7. Tudo reasonably apprehends that any of the events
mentioned above is about to occur in relation to the Vendor and notifies the Vendor
accordingly.
15.5. The termination of this agreement shall not
terminate any Contracts already entered into and the Vendor
shall be obliged to perform all Contracts entered into with Customers.
15.6. The Parties will settle all outstanding
liabilities on termination of this agreement.
16.1. The Vendor may not assign this agreement or
any Contract, or any part hereof, or any money due hereunder, without the prior
written consent of Tudo. If
consent is granted, any such assignment by the Vendor shall not increase or
alter Tudo’s obligations nor diminish the rights
of Tudo, nor
relieve the Vendor of any of its obligations under this agreement or any
Contract.
16.2. Tudo reserves the right to assign this agreement, in
whole or in part, to any party, including Tudo’s affiliates.
16.3. The Vendors shall give Tudo prompt written notice of any change in its
ownership or organization, and changes in the manufacture or production of the
Products provided hereunder.
17.1. All notices between the Parties shall be in
writing.
18.1. Nothing in this agreement will create any
partnership, joint venture, franchise, sales representative
or employment relationship between the Parties or impose any liability on Tudo in relation to the Vendor beyond that specifically
expressed in this agreement as a commission agent.
19.1. The Vendor acknowledges and agrees that Tudo may at its sole discretion modify, amend or change
any of the General Terms and Platform Policies and such modified, amended or
changed General Terms and Platform Policies shall come into force and be
binding on the Vendor upon the posting of such changes on Vendor Portal or on
the Platform, and the Vendor is responsible for reviewing these locations and
informing itself of all applicable changes or notices. The Vendor should refer
regularly to Vendor Portal to review the current agreement (including the
Platform Policies). Tudo will
inform the Vendor of any modification via email. THE VENDOR’S CONTINUED ACCESS
AND USE OF THE PLATFORM AND VENDOR PORTAL AFTER Tudo’S POSTING OF ANY CHANGES WILL CONSTITUTE ITS ACCEPTANCE OF SUCH CHANGES
OR MODIFICATIONS.
19.2. The Vendor will then have fourteen (14) days
to accept any and all modifications or communicate disagreement via the Vendor
Portal or via Email. If there is no response from the Vendor it will count as an agreement on the Vendors part.
When creating an account on Vendor Portal, the Vendor is by default
operating on Dropship.
201. Any typographical clerical or other error or
omission in any acceptance, invoice or other document on the part of Tudo shall be subject to correction without any
liability on the part of Tudo.
20.2. No waiver by Tudo of any breach of this agreement by the Vendor
shall be considered as a waiver of any subsequent breach of the same or any
other provision.
20.3. If any provision of this agreement is held by
any competent authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of this agreement and the remainder of the
provision in question shall not be affected thereby.
20.4. No person who is not a party to this
agreement (including any employee, officer, agent, representative or
sub-contractor of either party) shall have any right to enforce any terms of
this agreement which expressly or by implication confers a benefit on that
person without the express prior agreement in writing of the Parties.
20.5. This agreement shall be governed by the laws
of Sri Lanka and the Parties agree to submit to the exclusive jurisdiction of
the competent courts.
20.6. Tudo shall be entitled to commence legal proceedings
for the purposes of protecting its confidential information or any exclusivity
rights, as contained in this agreement, by means of injunctive or other
equitable relief.
21.1.1. The Vendor is obliged to maintain inventory
of all Products featured on the Platform and update its true inventory through
the Vendor Portal on a daily basis.
21.1.2. In the event that
the Vendor reasonably anticipates that any Products sold on the Platform may go
out of stock, it shall immediately update the inventory information in the Vendor
Portal.
21.1.3. If an out-of-stock Product is shown as in
stock on the Platform due to the Vendor’s inability to update the correct
inventory information for that Product on the Vendor Portal and a Customer places an order for the Product, the order may be
cancelled and the Vendor may be penalized for breaching Platform Policies.
21.2.1. Upon receipt of an order for the purchase
of Products, Tudo
shall forward the order and furnish the Vendor with details relating to the
ordered Product(s) via the Vendor Portal, including the Vendor’s product or bar
code relating to the Product(s) and any other details required to fulfil the
order - as provided by the Customer. Order Status on the Vendor Portal will be
depicted as Pending and is a confirmation of an order placed by a customer.
21.2.2. Upon receipt of information under Clause
21.2.1 above, the Vendor shall be obliged to process and package each order
such that any and all sold Products shall have a
Handling Time as defined by the Vendors ranking within the Customer Protection
Policy. In case of any delay, either materialized or foreseen, the Vendor shall
immediately inform Tudo via
the email or hotline.
21.2.3. No package will be handed over to shipping
provider if the order / item status is marked as "cancelled" on Vendor
Portal prior to its shipment.
21.2.4. Packaging materials to be used are
prescribed within the Packaging Guidelines.
21.2.5. The Vendor must print and pack the invoice,
shipping label and returns form generated via the Vendor Portal with the
shipment package.
21.3.1 Vendor must ship the order within 2 working
days. Shipping the order within the given time frame is a responsibility of the
vendor.
21.3.2 In case of unable to process the order, vendor must cancel the order within 24Hours.
21.3.3 Delivery chargers of the failed to deliver
orders which did not ship the given time frame on 21.3.1 will be deduct from the
vendor. This rule will supersede the section 7.1
21.3.1. Vendor shall remain the sole and undisputed
owner of the sold Product(s) until it is successfully delivered to the
Customer, at which point title and ownership shall be transferred to the
Customer. In case any Product is returned or rejected by a Customer, the title
and ownership of the Product shall, immediately upon return or rejection,
revert to the Vendor who shall be the sole and undisputed owner of the Product.
Title and ownership of the Products shall never pass to Tudo.
21.4.2.1. Neither the shipping provider nor Tudo shall be liable for any loss including but not
limited to taxes and duties levied on the consignment arising due to
confiscation of shipments by any government agencies due to lack of proper
documents.
21.4.2.2. The shipping provider and Tudo shall have the right but not the obligation, to
inspect any shipment without prior intimation to the Vendor for checking the
contents. The Vendor is responsible for ensuring the correct Product(s) are
sent to Customers
21.4.2.3. All parcels shall be accompanied by the
respective forms as prescribed by law to meet the requirements of any
governmental authority.
21.4.2.4. No package will be handed over to shipping
provider if the order/item status is marked as "cancelled" on Vendor
Portal prior to its shipment.
21.4.2.5. The Vendor acknowledges that Tudo shall not be liable to pay for any payment(s) of
any cancelled packages to the Customer.
21.4.2.6. For the avoidance of doubt continuous
abuse of this policy shall result in the Vendor’s shop being delisted by Tudo.
21.5.1. The Vendor agrees that a Customer
may cancel an order for any Product in any category before it has been shipped
to the Customer.
21.5.2. The Vendor agrees that if the customer
cancels an order prior to the order being marked shipped, the Vendor shall not
dispatch any cancelled status orders for shipment to shipping provider. Any
such shipment and liability associated with the same shall remain
the Vendors responsibility at all times.
21.5.3. The Vendor authorizes Tudo to provide the Customer with a refund where the
Customer has pre-paid for the Product and he/she
cancels the order before it has been shipped or the Product is rejected and/or
the Product is returned.
21.5.4. Where for any reason whatsoever, any
Product in any category cannot be delivered to the Customer (“Failed Orders”), Tudo may, at its discretion, charge the entire cost of
shipping the Product as per the section 6.1 of this agreement.
21.5.5. Unless stated otherwise in the Return
Policy in relation to any particular category of
Products, the Vendor will accept returns of Products in the following cases:
21.5.5.1. Defective/Damaged Product
21.5.5.2. Incorrect Product
21.5.5.3. Incomplete Product
21.5.5.4. The product is unused, unworn, unwashed
and without any flaws.
21.5.5.5. The product includes the original tags,
user manual, warranty cards, freebies and accessories.
21.5.5.6. The product is returned in the original
and undamaged manufacturer packaging / box.
21.5.6. In case of a return, Tudo may, at its discretion, bill the Vendor for the
cost of shipping the Product from the Customer to Tudo or to the Vendor.
21.5.7. In case of returned products, Tudo protects the Vendor by conducting a quality
control check at Tudo
Warehouse to determine the validity of the Customer’s return claim. If the
quality control identifies the customers return claim is invalid, for whatever
reason, the Product is sent back to the Customer.
21.5.8. In case of any dispute with the Customer as
to the condition of the Product when it was delivered, the Vendor agrees that
it shall be bound by Tudo’s inquiry into and decision as to the condition of the Product at the
time of delivery.
21.5.9. At the Customer’s option, the Vendor will
either replace the damaged Product within the stipulated timeline as defined in
the Customer Protection Policy or authorize Tudo to provide a full refund. The damaged Product may
be shipped to the Vendor at the Vendor’s cost unless the Vendor directs Tudo to dispose the Product.
21.5.10. Tudo may, at its discretion, bill the Vendor for the
cost of shipping the replacement Product to the Customer.
21.5.11. The Vendor agrees to be bound by and act
in accordance with the Return Policy. To the extent that there is any conflict
between the Return Policy, the Return Policy shall prevail.
Tudo is charging bank transfer fee at each bank transfer worth of Rs.10/-. This bank transfer fee applicable only for Silver and Gold Vendors.
Order
transaction fees introduce from 14th August 2022. Some payment
methods such as, Internet Payment Gateways, COD handling fees are subject to charge
from the vendor.
Transaction Method |
Applicable Rate |
IPG – Commercial
Bank |
1.8% |
IPG – Sampath Bank |
1.9% |
IPG – Amex |
2.4% |
KOKO |
1.5% |
Frimi Lifestyle |
1.5% |
Cash On Delivery –
Pronto |
1.5% |
The
following financial penalties will be imposed on your Tudo Shop, according to
the violations committed:
Violations |
Penalty Amount (LKR) |
Quality Return Under "Wrong Item" |
Rs.250.00 + Two Way Shipping Chargers |
Quality Return Under "Defective Item" |
Rs.250.00 +
Two Way Shipping Chargers |
Ready-to-ship delay (2 Working Days) |
Rs.250.00 |
Failed delivery due to order processing delay |
Rs.250.00 +
Delivery Charge |
Order cancels after 1 working day |
Rs. 250.00 |