1. INTRODUCTION
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The AmazonNow Seller Program ("Program") is a program offered by Amazon Seller
Services Private Limited ("Amazon") to sellers ("Sellers") on Amazon.in ("Amazon
India Marketplace"). This program is intended to reward Sellers that meaningfully
contribute to the Amazon India Marketplace by way of offering desirable selection of daily
essential products for home delivery across categories including but not limited to
grocery (including beauty, health and personal care), pharma, pet supplies, ready to eat
meals and beverages, consumer electronics, home and kitchen products, soft lines and
fashion accessories, jewelry and books and providing to the customers in a time bound
manner through the Amazon India Marketplace.
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As a pre-requirement of the Program, the Seller acknowledges and agrees that it has
already executed the Amazon Business Solution Agreement (Business Solution
Agreement) and the Amazon Easy Ship terms and conditions (Easy
Ship Terms) with Amazon.
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Any capitalised term used in these AmazonNow Seller terms and conditions
Terms and Conditions and not defined herein will have the same
meaning as assigned to them under the Business Solutions Agreement and/or Easy Ship
Terms.
2. ELIGIBILITY AND PERFORMANCE CRITERIA
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In order to enrol under the Program and ensure continued enrolment under the Program,
the Seller is required to meet such eligibility criteria's as has been provided under
Schedule 1 of these Terms and Conditions.
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Further, in order to avail the benefits of an enrolled Seller under the Program, the
Seller is required to meet such performance criteria's as has been provided under Schedule
2 of these Terms and Conditions.
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A Seller's performance (in accordance with the performance criteria's) will be reviewed
from time to time during the term of the Program.
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If at any point of time during the Seller's enrollment or participation under the
Program, Amazon determines in its sole and absolute discretion, that the Seller has not
met the eligibility and/or performance criteria's. Amazon reserves its right to terminate
the Seller's enrollment under the Program or terminate the benefits of the Program, as the
case may be, without prior notice; in which event while the Seller cannot avail benefits
under the Program. However, the Seller may continue selling on the Amazon India
Marketplace under the Business Solutions Agreement.
3. AMAZONNOW PROGRAM BENEFITS
3.1 Benefits
Under the Program, the Seller will be eligible to avail the following benefits:
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Training and Support:
Amazon will provide the Seller such training and support for an initial period of 3
months, with a view to assist Sellers in understanding the use of Amazon tools, respond
to queries from Sellers and help in understanding the requirements of the Program.
During the course of this support, the Seller will be responsible for managing its own
account and Amazon's involvement will be limited to assisting the Seller in
understanding the Program and the use of Amazon tools in relation to the
same.
Amazon will further provide training to one of the personnel nominated by
Seller from his store for handling operations of the store in relation to the Program.
The Seller is responsible for ensuring that all other personnel who may need training
for the purpose of the Program, be imparted training such nominated person, across
shifts and locations.
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Onboarding Support: If required, the Seller may opt for receiving onboarding
support to initially map the seller's store SKU's to Amazon ASIN's, however Amazon will
not be responsible or liable in any manner whatsoever for such mapping during the support
period.
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Preferential Rates: Subject to the terms provided in Paragraph 2.3 above, as an
enrolled Seller under the Program, the Seller will be entitled to receive services from
Amazon at such special rates and payment timelines, as has been provided in Schedule 3 to
these Terms and Conditions.
3.2 Hardware Device:
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As part of the Program and to help the Sellers process orders placed on Amazon India
Marketplace, Amazon will provide (as a one-timeoffering) certain hardware devices to the
Seller under the service offerings at no extra cost.
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The Seller shall ensure safe custody of any such device provided by Amazon for the
performance under the Program and further beresponsible for any loss/damage caused to the
same
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The Seller shall ensure that the device provided by Amazon is strictly used for the
purposes of Program and by its authorized personnelonly. Amazon shall not be responsible
in any manner whatsoever if there is any misuse of the device by the Seller and/or its
employees
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The Seller shall return the device 15 days in advance (in working condition) to Amazon
prior to termination of enrollment under theProgram. In the event the device is not in
working condition or is lost or is damaged in any form, Amazon shall have the right to
recover and set-off the cost of device from the amounts payable to the Seller under the
Business Solutions Agreement and Easy Ship Terms.
4. AMAZONNOW RETURN/ REFUND AND OTHER POLICIES
As part of the Program, the Seller will be required to adhere to:
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AmazonNow return and refund policies as has been provided under Schedule 4 of the Terms
and Conditions; and
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other AmazonNow specific policies as may be provided by Amazon in writing and/or through
the Seller Central.
5. DURATION & TERMINATION
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The term of the Seller's enrolment in the Program shall continue from the date of
acceptance of these Terms and Conditions unlessterminated by either Seller or Amazon, as
provided below.
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Amazon shall have the right to forthwith terminate the Seller's enrollment or
participation under the Program at any point of time, with orwithout cause, in its sole
and absolute discretion.
The Seller may terminate the enrollment under the Program by
providing 1 month's prior written notice to Amazon.
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Amazon reserves the right to terminate the Seller's enrollment under the Program in the
event Amazon determines, in its sole andabsolute discretion, that the Seller has
contravened any provision of the Program or the Business Solutions Agreement (even if such
breach does not lead to termination of the Business Solutions Agreement).
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The Seller acknowledges and agrees that at any point of time, Amazon reserves the right
to cancel, modify, change, suspend or withdrawany of the terms and conditions of the
Program (including benefits under the Program) as it may deem fit, in part or in their
entirety, with or without cause, without giving any prior notice without incurring any
liability whatsoever.
6. LIMITATION OF LIABILITY
Notwithstanding anything contained in these Terms and Conditions, Amazon shall in no event
be liable for any special, indirect, consequential or incidental damages (including but not
limited to damages for loss of business profits, business interruption, loss of business
information, and the like) arising out of these Terms and Conditions, any documents
referenced in these Terms and Conditions, or any addenda or amendment hereto even if Amazon
had been advised of the possibility of such damages.
7. WAIVER
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Amazon does not waive any right under these Terms and Conditions by failing to insist on
compliance with any of the terms of these Terms and Conditions or by failing to exercise
any right hereunder. Any waivers granted hereunder are effective only if recorded in a
writing signed by the party granting such waiver.
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To the extent permissible under any applicable law, Amazon waives and disclaims all
responsibility and liability for any damages or losses arising out of any statute,
contract or otherwise from or in connection with the Program or any program related
activities and any benefits provided hereunder.
8. MISCELLANEOUS
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The entire relationship between Amazon and the Seller is governed by these Terms and
Conditions as well as the Business Solutions Agreement and Easy Ship Terms. In the event
of any conflict in the provisions of the Business Solutions Agreement, Easy Ship Terms and
these Terms and Conditions, these Terms and Conditions shall prevail.
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Except to the extent specified in these Terms and Conditions, all other terms of the
Business Solutions Agreement and Easy Ship Terms shall continue to be applicable and
nothing contained herein shall affect or alter in any manner whatsoever, the validity,
enforceability and interpretation of the Business Solutions Agreement and Easy Ship
Terms.
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These Terms and Conditions represents the entire arrangement between Amazon and the
Seller with respect to the participation of the seller in the Program and supersedes any
previous or contemporaneous oral or written agreements, terms and any other communications
between the parties regarding the said subject matter.
SCHEDULE 1
ELIGIBILITY
CRITERIAS
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Offer priority billing counter for fast processing of orders made by customers on the
Amazon India Marketplace;
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Guarantee availability of internet and other IT related infrastructures like Printer
etc. to ensure smooth processing of transactions;
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Maintain at least 85% of in-stock (of products viewed by customers) of your committed
product inventory.
SCHEDULE 2
PERFORMANCE CRITERIAS
S.
No.
|
Measure |
Definition |
Comments |
Threshold |
1. |
% of pick-pack time within threshold |
Pick-Pack time: Time taken for the Seller to have the product packed and ready
for shipment from the time it was ordered. |
# of times was within threshold vs.
total # of orders processed
|
98% |
2. |
% orders that were partially or not fulfilled |
This happens when a customer ordered product is not available for fulfilment at
store. |
# of such instances vs. total number of orders processed |
7% |
3. |
% of orders / items rejected by Customers |
Reject happens when the customer rejects an order partially (prepaid only) or
wholly. |
# of rejects due to Seller issues
(Refer to AmazonNow policies for returns and refunds) vs. total number of orders
processed
|
2% |
The Seller further needs to have and ensure during the enrollment of the Program a
catalog of such minimum number of items listed on the platform (of the ASINs listed for the
Program) as may be communicated to you by Amazon in writing/or through the Seller Central,
as the case may be.
SCHEDULE 3
AMAZONNOW RATE CARD AND
PAYMENT TIMELINES
1. Rate Card
S. No. |
Promo Rates (Until June, 2016) |
1. |
Referral Fee (5% of item prices across all categories) |
2. |
Closing fees (INR 0 for both fixed and variable components) |
3. |
Fulfillment fee (100% shipping commission) |
4. |
Refund commission (20% of Referral fee) – to be charged only in case of refund
due to seller controlled reasons |
5. |
Giftwrap commission (INR 0) |
6. |
Pick & Pack fee (INR 0) |
7. |
MFN Postage fees for Local (INR 0) |
The rates after the promotional period i.e. after June, 2016 will be communicated
to the Seller by Amazon in writing.
2. Payment Timelines
The credit of
payments for the AmazonNow specific orders fulfilled by the Seller will be 4 working days
from the fulfillment of each such order.
SCHEDULE
4
AMAZONNOW RETURN AND REFUND POLICIES
In the event there are any
refunds or returns initiated by the customers on any of the orders which are on account of
default by the Seller or a fault attributable to the Seller (including but not limited to
instances wherein the subject product has expired, damaged, does not meet the quality
standards or is not as per the product description/specifications), the Seller will be not
be paid for such orders and will be charged a penalty of 20% of the referral fee.