This Agreement is entered into by and between vFulfill (“vFulfill”) and the User / Merchant / Seller, defined as anyone signing up on vFulfill or any of its affiliated websites to avail its services (“User”).
vFulfill operates its sourcing, fulfillment, and logistics services under the company name VCFL Express Express Pvt. Ltd., a company incorporated under the Ministry of Corporate Affairs of India, with its registered office at AIHP Signature, 418-419, Udyog Vihar, Phase 4, Gurugram 122015.
Scope of Services:
vFulfill will provide sourcing, fulfillment, logistics management, and the use of billing ID services to the User as per the terms of this Agreement.
If the User is a merchant based out of India or not registered as a business with a GST in India, vFulfill may process User’s orders using vFulfill’s billing ID. In such cases, an indemnification and rolling reserve clause will be invoked.
The User agrees to pay vFulfill for the services rendered in accordance with the fees set forth in the proposal provided by vFulfill. The User acknowledges that the fees may change and will be updated on the vFulfill platform.
- vFulfill provides sourcing services as part of its offerings, assisting Users in procuring products from third-party suppliers. While vFulfill will assist in the transaction process, the final decision to transact with any supplier rests solely with the User.
- Although vFulfill takes measures to ensure the reliability and quality of the suppliers, vFulfill does not guarantee the legality, quality, or suitability of any third-party suppliers or products. The User agrees to perform their own due diligence when deciding to transact with a supplier sourced through vFulfill.
- Upon the User’s approval, vFulfill may act on behalf of the User to facilitate transactions with suppliers. The User acknowledges and agrees that such transactions are entered into at the User’s own risk. vFulfill is not responsible for any issues, disputes, or liabilities arising from such transactions.
- Any disputes or issues arising out of or related to transactions with suppliers should be communicated to vFulfill promptly. vFulfill will assist in resolving such disputes to the best of its ability but does not guarantee any particular outcome.
- VCFL Express Express Pvt. Ltd. provide order fulfillment services as part of their offerings. User agrees to adhere to all terms, conditions, and procedures required for these services.
- User shall agree that it is their sole responsibility to ensure that the products sold and shipped comply with all applicable laws and regulations of the shipping destination. vFulfill and VCFL Express Express Pvt. Ltd. are not responsible for verifying the legality or regulatory compliance of the products.
- The User is responsible for managing their inventory, including the timely restocking of products. vFulfill and VCFL Express Express Pvt. Ltd. are not liable for any issues arising due to lack of inventory or late delivery of stock by the User.
- User acknowledges and agrees that in the event of prolonged storage periods extending up to 15 days or more without any movement or turnover of a particular product due to lack of traction or orders, there may be a marginal stock pilferage of 1-3%. This may occur irrespective of the long-term storage charges levied by vFulfill for warehouse storage. Therefore, VCFL Express Express Pvt. Ltd. shall not be held liable for any such potential stock pilferage. It is recommended that the User proactively manages their inventory turnover to prevent such scenarios.
- vFulfill provides logistics services to facilitate the delivery of products from suppliers to customers. The User acknowledges that vFulfill serves as an intermediary in the delivery process and does not directly handle the shipment of goods.
- vFulfill reserves the right to select and engage suitable logistics partners for shipping the User’s products.
- The User shall agree that with the shipment weight, it will automatically get deducted from your credit weight. As per the norms of the vFulfill Logistics, you will be charged a minimum of 0.5 kgs (or in multiples) for your air shipping. Please note that the weight charges applied by the courier companies may differ, but such charges shall be adjusted in your vFulfill wallet limit on your vFulfill account.
- vFulfill shall issue an invoice which will get auto adjusted against the credit in your account as per the following conditions:
(I) If the invoice amount is more than the credit in your account, the freight invoice will be marked as unpaid and it will constantly get reflected in your panel and invoice history. If you fail to pay the invoice, then the shipping will be suspended. To continue using vFulfill Services, you need to recharge your account for the unpaid invoice as well as the new shipping limit.
(II) If the Invoice amount is less than the credit in your account, the freight invoice amount will be automatically adjusted from your credit and shall be marked as paid. The User shall then continue using vFulfill Services from the remaining credit amount.
- For any claims by the User like wrong freight being applied, Cash on Delivery missing, pilferage, in-transit damage – the signed copy of the manifest sheet of the pick-up against which the courier company has received the shipment has to be submitted along with the claim request. Without the signed manifest, the request shall not be considered valid.
- vFulfill provides services for both prepaid and Cash on Delivery (COD) orders. The User acknowledges that in case of COD orders, the payment collected by the logistics partner from the end customer will be credited to the User’s account after deduction of the applicable commission or fees.
The User also agrees that vFulfill holds no responsibility for any payment disputes arising from COD transactions, and any such disputes must be resolved between the User and the end customer.
- The User is responsible for ensuring that all products shipped through vFulfill’s logistics partners comply with all applicable laws and regulations of the destination jurisdiction. vFulfill reserves the right to refuse shipment of any product that, in its sole discretion, violates such laws or regulations.
Shipment weight and billing:
The User agrees that shipment weight will automatically be deducted from their credit weight. vFulfill will charge a minimum of 0.5 kgs (or in multiples) for air shipping. Note that weight charges applied by the courier companies may differ, but such charges shall be adjusted in the User’s vFulfill wallet limit.
- Returns/RTO of the Products: vFulfill reserves the right to return to the User, the products which are not accepted by the Customer for any reason whatsoever, at the location(s) as specified by the User. vFulfill reserves the right to apply the RTO (return to origin) charges same as the agreed shipping rates.
- Reverse Pickups: “Reverse Pickup” means collection of the Products by Service Provider from the Customer’s address as specified by the User and the delivery of such products at a location mutually agreed between the Parties.
- Liability for “Forward Delivery”: Notwithstanding anything contrary contained in this Agreement, the maximum liability is INR 2000 or whatever compensation the logistics partner offers to vFulfill in the event of a claim by the User, provided such claim is raised by the User within one (1) month from the date of such damage or loss or theft.
Indemnification and Rolling Reserve Clause:
- In the case that vFulfill processes User’s orders using vFulfill’s billing ID, the User agrees to indemnify and hold harmless vFulfill from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to any third party claim concerning this Agreement or the use of vFulfill services by the User.
- vFulfill may hold a percentage of the User’s funds (a dynamic range of 5-20%, based on the past refund rate / complaint rate / customer support escalations handled by vFulfill) as a rolling reserve, as deemed necessary by vFulfill, in case of chargebacks, refunds, or any other risk factors identified by vFulfill.
The specific initiation terms of the rolling reserve will be communicated to the User at the time of agreement.
vFulfill reserves the right to discontinue the service after giving 7 Business days’ notice to User in writing. However, in case of failure by User to pay outstanding dues of vFulfill, vFulfill, at its discretion, may discontinue the services with immediate effect.
Limitation of Liability:
UNDER NO CIRCUMSTANCES WILL VFULFILL, DELIVERY PERSONNEL OR ANY DIRECTOR, OFFICER, EMPLOYEE, AGENT OR CONTRACTOR OF VFULFILL BE LIABLE TO THE USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES ARISING FROM THE AGREEMENT, UNDER TORT, COMMON LAW OR UNDER PUBLIC POLICY, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS AND BE LIABLE FOR ANY LOSS OF DATA OR ANY INTERRUPTION OF ANY USER PROPERTY DUE TO ANY CAUSE.
THE PARTIES AGREE THAT THE FOREGOING REPRESENTS A FAIR ALLOCATION OF RISKS BETWEEN THE PARTIES AND IT IS AN ESSENTIAL ELEMENT FOR PARTIES TO ENTER INTO THIS AGREEMENT.
- Oil-based paint and thinners (flammable liquids)
- Industrial solvents
- Insecticides, garden chemicals (fertilizers, poisons)
- Lithium batteries
- Magnetized materials
- Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
- Fuel for camp stoves, lanterns, torches or heating elements
- Automobile batteries
- Infectious substances
- Any compound, liquid or gas that has toxic characteristics
- Flammable adhesives
- Arms and ammunitions
- Dry ice (Carbon Dioxide, Solid)
- Any Aerosols, liquids and/or powders or any other flammable substances classified as Dangerous Goods for transport by Air
- Precious stones, gems and jewellery
- Uncrossed (bearer) drafts / cheque, currency and coins
- Firearms, explosives and military equipment.
- Hazardous and radioactive material
- Foodstuff and liquor
- Any pornographic material
- Hazardous chemical items
vFulfill operates solely as a logistics and fulfillment service provider.
We assume no liability or responsibility for any claims, guarantees, warranties, or product representations made on manufacturer’s, seller’s, or merchant’s websites.
We expressly disclaim all liability related to product quality, authenticity, legality, or any other aspect relating to products sold by our clients.
Any queries or disputes related to purchased products should be directed to the respective seller or merchant.
For any queries, concerns or issues, User can reach out to vFulfill at firstname.lastname@example.org