This Seller Partner Agreement (“Agreement”) is entered into on the date of acceptance by the Seller during online registration (“Effective Date”).
SRSM Technologies Pvt Ltd, a company incorporated under the Companies Act, 2013, having its registered office at Office No. 1, Shri Sai Dham, Keshav Nagar, Mundhwa, Pune, Maharashtra – 411036, operating the online marketplace under the brand name “eSmartKart”, including its website www.esmartkart.in and mobile applications (hereinafter referred to as “eSmartKart” or “Platform”, which expression shall include its successors and permitted assigns);
AND
The individual / proprietorship / partnership / company registering as a Seller / Vendor / Store on the eSmartKart Platform (hereinafter referred to as the “Seller”), whose details are provided during the registration process, and which expression shall include its successors and permitted assigns.
eSmartKart and the Seller are collectively referred to as the “Parties” and individually as a “Party”.
A. eSmartKart operates an online marketplace that enables third-party sellers to list, market, and sell products to customers.
B. The Seller is engaged in the business of selling Grocery and Daily Essentials or other permitted categories and desires to sell such products on the eSmartKart Platform.
C. The Parties wish to define the terms and conditions governing the listing, sale, fulfillment, payments, and responsibilities related to the Seller’s participation on the Platform.
1.1 “Customer” means any end user placing an order on the Platform.
1.2 “Product(s)” means goods listed by the Seller on the Platform.
1.3 “Listing Price” means the price displayed to the Customer, inclusive of applicable taxes.
1.4 “Net Sale Value” means Listing Price minus GST and Seller-funded discounts.
1.5 “Order” means a confirmed purchase placed by a Customer.
1.6 “Commission” means the percentage fee payable by the Seller to eSmartKart.
2.1 Non-Exclusive Appointment
The Seller appoints eSmartKart as a non-exclusive online marketplace to list and sell Products across India. Nothing herein creates an agency, partnership, or joint venture.
2.2 Product Information
The Seller shall provide accurate product details including name, images, price, weight, expiry (if applicable), and compliance details.
2.3 Compliance
The Seller confirms compliance with:
Consumer Protection Act, 2019
Legal Metrology Act
FSSAI regulations (if applicable)
GST laws and other applicable laws
eSmartKart reserves the right to approve, reject, or delist any Product.
3.1 Product Quality & Authenticity
Seller is solely responsible for the quality, safety, legality, and authenticity of Products.
3.2 Inventory Management
Seller must maintain real-time inventory and avoid overselling.
3.3 Order Fulfillment
Orders must be packed and dispatched within 2 hours of order confirmation.
3.4 Customer Support
Seller shall provide first-level support for product issues, returns, and replacements.
3.5 Licenses & Taxes
Seller shall maintain valid GSTIN, FSSAI (if applicable), and all statutory registrations.
4.1 Provide seller dashboard access
4.2 Process and forward customer orders
4.3 Collect payments from customers
4.4 Conduct platform-level marketing and promotions
5.1 Seller shall dispatch orders within agreed timelines.
5.2 Seller may use eSmartKart logistics partners or approved self-logistics.
5.3 Risk remains with Seller until delivery confirmation.
6.1 Seller controls Listing Price but shall not price higher than other platforms.
6.2 Settlement Cycle: T+1 working day, excluding bank holidays.
6.3 Settlement includes deductions for applicable fees and charges.
| Fee Component | Rate / Amount | Payable By | Notes |
|---|---|---|---|
| Platform Fee | ₹1999 / year | Seller | Charged after 90 days |
| Commission | 5% | Seller | Deducted from payout |
| Shipping Fee | ₹20 (up to 20 kg) | Seller / Customer | If eSmartKart logistics used |
| Payment Gateway Fee | 2% | Seller | Paytm / PhonePe / GPay |
| Promotions | As agreed | Seller | Optional |
8.1 Governed by eSmartKart Return & Refund Policy
8.2 Customer-initiated returns may attract reverse pickup fees
8.3 Seller-fault returns result in full refund without commission payout
9.1 Seller grants eSmartKart a royalty-free license to use trademarks and images.
9.2 Platform IP belongs exclusively to SRSM Technologies Pvt Ltd.
10.1 Initial term: 1 year, auto-renewable
10.2 Termination with 30 days’ notice or immediate termination for breach
10.3 Final settlement within 45 days of termination
Both Parties shall protect confidential and customer data and comply with IT Act, 2000 and applicable privacy laws.
eSmartKart’s liability shall not exceed the commission earned in the preceding 3 months.
Seller shall indemnify eSmartKart against:
Product defects
Legal violations
Customer claims
This Agreement shall be governed by the laws of India, with exclusive jurisdiction of courts in Pune, Maharashtra.
By clicking “I Agree” during registration, the Seller confirms that they have read, understood, and agreed to this Agreement.
