Preamble & Platform Ownership
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.xotic.in website.
The domain name www.xotic.in, including the related mobile site and mobile application as well as the Seller portal https://partner.xotic.in (hereinafter referred to as “Platform”) is owned and operated by E47 E-Commerce Private Limited (hereinafter referred to as "Xotic"), a company incorporated under the Companies Act, 2013, with its registered office at 629, RK WORLD TOWER, AYODHYA CHOWK, 150 FEET RING ROAD, Rajkot - 360005, Gujarat, India.
1. Seller Eligibility
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Platform.
If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Platform. If you register as a business entity, you represent that you are duly authorised by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
2. Selling, Product Listing and Seller Obligations
2.1 Eligible Products & Country of Origin
The Xotic Platform is intended for the listing, offering, marketing and sale of products that are of non-Indian origin, subject to this ToU, Xotic's applicable policies and Applicable Law. Unless expressly permitted by Xotic in writing, products of Indian origin shall not be listed or sold through the Xotic Platform. The Seller represents, warrants and undertakes that every product listed or offered for sale is of the country of origin declared by the Seller and has been lawfully imported, procured, possessed, stored and offered for sale in India.
2.2 Seller’s Authority & Regulatory Compliance
The Seller shall list, offer and sell products through the Xotic Platform only where the Seller is legally entitled and authorised to do so. The Seller shall obtain and maintain, at its own cost, all licences, registrations, permits, approvals, certificates, authorisations and other regulatory permissions required under Applicable Law (including Consumer Protection, E-Commerce, Legal Metrology, FSSAI, Customs, and Taxation laws).
2.3 Sale of Imported Products in Original Condition
The Seller shall sell and supply imported products in the same condition and form in which such products were originally manufactured and imported. The Seller shall not alter, modify, transform, reformulate, or recondition any imported product without prior written approval. Where Xotic reasonably determines a breach, Xotic reserves the right to delist products, suspend selling privileges, cancel transactions, or adjust payable amounts.
2.4 Packing, Re-packing and Labelling
Any packing or re-packing shall not alter the nature, composition, quality, safety, or essential characteristics of the product. Affixed labels or stickers must be accurate and not conceal mandatory statutory declarations, batch numbers, serial numbers, expiry dates, or manufacturer details.
2.5 Products from Restricted Jurisdictions
Xotic reserves the right to prohibit, restrict, suspend or impose additional conditions upon the listing or sale of products originating from, manufactured in, or supplied from any particular country or territory.
2.6 Product Listings & Intellectual Property
Each listing must relate to a genuine product, contain complete and accurate details, accurate country-of-origin declarations, and compliant photographs/images owned or licensed by the Seller. Sellers shall not create duplicate, misleading, or multiple listings of the same product to manipulate search rankings.
2.7 Food, Nutrition and FSSAI-Regulated Products
Sellers listing food, beverages, or health supplements must maintain a valid FSSAI licence/registration and comply with shelf-life requirements. Sellers must immediately notify Xotic of any recall, regulatory action, or safety concern.
2.8 Right to Delist & Indemnification
Xotic reserves the right at any time to remove, delist, disable, or suspend products that violate Applicable Law or Xotic policies. The Seller shall indemnify, defend and hold harmless Xotic, its affiliates, directors, and employees against any claims, losses, penalties, or liabilities arising from product listing or sale.
3. Account Registration & Obligations
To register as a Seller on the Platform, you agree to furnish complete details including:
- Seller Complete Name, Address, Contact details, & Grievance Officer details
- GSTIN, PAN, Business PAN, Pincode, Pick-up Address, Registered Headquarters Address
- Bank Account details, Account Holder Name, Cancelled Cheque, Signature
- Display Legal Name, Trade Name, SLA, Breakdown Prices, Manufacturer/Packer/Importer details
- Applicable Guarantees or Warranties
You agree that you have necessary licenses and permits for sales on the Platform. You grant Xotic the authority to address customer grievances on your behalf and display seller details on product listings as per regulatory guidelines.
4 & 5. Account Deactivation & Account Hold Policy
Account Deactivation (Section 4): If a Seller requests account closure, the account will be placed on hold for 90 days to ensure smooth completion of existing transactions, refunds, and report downloads. After 90 days, upon final confirmation and zero outstanding dues, the account will be deactivated. Certain records (GSTIN, Mobile, Email, Transaction history) will be retained for audit and fraud prevention purposes.
Account Hold (Section 5): If a Seller stops selling on Xotic for 60 consecutive days without notice, the account will be placed on hold for 90 days for full and final settlement.
6 & 7. Platform Status & Intermediary Role
Communications (Section 6): You consent to receive communications from Xotic electronically via emails, notifications, or portal alerts.
Platform for Transaction (Section 7): Xotic operates purely as an online intermediary facilitating transactions between independent Sellers and Buyers. Commercial and contractual terms (price, shipping, payment methods, delivery date, warranties) are agreed upon directly between the Seller and Buyer alone. Xotic does not take title to or possession of products, nor does it guarantee transaction performance.
8. Prohibited Platform Activities
Sellers undertake and confirm that they shall NOT host, display, upload, modify, publish, transmit, or share any information that:
- Belongs to another person without authorization, or is grossly harmful, defamatory, obscene, or unlawful
- Infringes third-party intellectual property, privacy, or publicity rights
- Contains software viruses, deep-links, page-scrapers, spiders, or automated data extraction tools
- Interferes with platform functionality, engages in anti-competitive price cartels, or exposes customer data post-warranty period
- Contains false, misleading, counterfeit, or stolen items
9. Tax & Financial Compliance (GST, TCS & TDS)
- Invoices must be raised within the timeline prescribed under the Central Goods and Services Tax (CGST) Act, 2017.
- Sellers are solely responsible for charging appropriate GST (IGST/CGST/SGST/UTGST) and remitting it to the government.
- Xotic will collect Tax Collection at Source (TCS) at applicable rates on net taxable supplies made through the portal and remit to the government.
- Sellers must provide valid HSN codes for product listings and a valid GSTIN number to process transactions.
- TDS reimbursement requests must be submitted with Form 16A before August 31st of the subsequent financial year.