Terms of Business for PiKart.in

Introduction

Welcome to PiKart.in! By registering as a Seller, you agree to comply with and be bound by these Terms of Business. PiKart.in is a B2B marketplace designed to connect verified business Sellers with Buyers across India, providing a reliable platform for listing, selling, and managing product offerings. If you have any questions, please contact our support team at [support@pikart.in](mailto:support@pikart.in).

Definitions

- 'Platform' or 'PiKart': Refers to the online B2B marketplace owned and operated by Gyb Technologies Private Limited.
- 'User': Refers to any business entity or individual accessing or using PiKart.
- 'Seller': Refers to eligible manufacturers of Active Pharmaceutical Ingredients (APIs) and Bulk Drugs who register on PiKart.
- 'Buyer': Refers to two types of eligible entities:
- End-Users: Manufacturers of finished dosage forms/formulations who use Bulk Drugs to produce their products.
- Distributors: Entities that possess a Wholesale Drug License and warehousing facilities, primarily engaged in stocking and reselling Bulk Drugs.
- 'Products': Includes Active Pharmaceutical Ingredients (APIs) and Bulk Drugs listed, purchased, or sold on PiKart.
- 'Transaction': Any purchase or sale conducted through PiKart.

Eligibility and User Accounts

To register as a User, you must be a legally recognized business entity in India and possess a valid GSTIN. By registering, you affirm that all information provided is accurate and up to date. You agree to maintain the confidentiality of your account information and are responsible for all activities conducted through your account. PiKart reserves the right to verify the legitimacy of any account and suspend or terminate accounts found to be non-compliant.

Responsibilities

- Product Compliance: Sellers must ensure that all Products sold on PiKart are covered under their manufacturing licenses and approved for the domestic market. Only Bulk Drugs that have received in-principle approval for use in India by the DCGI are allowed to be listed.
- Licenses: Adherence to the terms and conditions of manufacturing licenses is the sole responsibility of Sellers. Timely renewal of licenses and updating this information on PiKart is required; failure to do so may result in suspension of transactions.
- Storefront Accuracy: Sellers are responsible for the accuracy and authenticity of all information related to their company, products, prices, and media content.

Order Fulfillment

PiKart fulfills orders using logistics partners and approved shippers. Buyers are allowed to choose the mode of shipment (Air or Surface), but the actual allocation of the shipper is at the sole discretion of PiKart.

Limitation of Liability and Indemnity

- Limitation of Liability: PiKart shall not be held responsible for any errors or violations related to compliance with pharmacopoeial standards or manufacturing licenses. Users accept the services on an 'as-is' basis.
- Indemnity: Users agree to indemnify, defend, and hold harmless PiKart, its affiliates, and their respective officers, directors, employees, logistics partners, and shippers from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorney fees) arising out of or related to any violation of applicable drug laws or regulations by the User, including but not limited to charges from law enforcement departments.

Intellectual Property

All content, trademarks, and other intellectual property rights on the platform are owned by PiKart or licensed to it. Users are granted a limited license to access and use the platform but may not copy or distribute content without prior permission.

Data Privacy and Security

PiKart is committed to protecting the privacy and security of User information. The collection, use, and storage of personal data are governed by our Privacy Policy, which is incorporated into these Terms of Business by reference. Users are encouraged to review the Privacy Policy to understand how their data is handled. By using the platform, you consent to the practices described in the Privacy Policy.

Dispute Resolution

Any disputes arising from these Terms of Business shall be governed by Indian law. Users agree to resolve disputes through arbitration, with Pune serving as the jurisdiction for any arbitration proceedings.

Amendments

PiKart reserves the right to amend these Terms of Business at any time. Users will be notified of changes through the platform, and continued use of the service after such changes constitutes acceptance of the new terms.

Contact Information

For any inquiries or concerns regarding these Terms of Business, please contact us at [support@pikart.in](mailto:support@pikart.in).

Prices

1. Current Net Prices Sellers shall fix their 'Current Net Prices' on an ex-works basis, for each of the Products enlisted in their store. Sellers are allowed to fix different prices for different Quality Grades (i.e., Pharmacopoeial grades). Further, Sellers would be permitted to edit/modify the Product prices on a daily basis, during a limited time window.
2. Current Sale Prices The Current Sale Prices offered to Buyers include a nominal commission for PiKart. In simple terms, Current Sale Price (CSP) = Current Net Price (CNP) + PiKart commission.
3. Price Edit Timeline Whenever Prices are edited by Sellers, the new prices would be effective from 00:00 hrs of the next calendar day. Current Net Prices shall remain valid for Orders finalized by Buyers until the new prices become effective.
4. Invoicing Sellers' invoices would be made based on the Current Sale Prices (CSP) directly on the Buyers' names, along with applicable GST, and would accompany the consignments.
5. Freight & Delivery Charges Freight and delivery charges will be added to the product value and will form the second component of the total order value for the Buyer. These charges are pertinent to the logistics partner and shippers, paid by PiKart to the contracted logistics partners. Buyers will receive an invoice for Freight & Delivery (F&D) charges along with applicable GST from the logistics partner.
6. Convenience Charges PiKart charges a nominal convenience charge to Buyers for the doorstep delivery services and order fulfilment. This is the third component in the total order value seen in the cart by Buyers. An invoice would be provided by PiKart towards this charge along with GST applicable.
7. Transportation Type While listing Products (APIs) for their Store, Sellers are obliged to indicate the type of transportation required for the respective APIs. Three (3) types are defined, viz., Normal (ambient temperature); Cold Transport-CT1 (0-5 degC) and Cold Transport-CT2 (below 0 degC).
8. Transport Costs The type of transport determines the shipper to be assigned and the costs of Freight & Transportation.

Payments

1. Payment Gateway Collaboration PiKart collaborates with payment gateways to facilitate payments by Buyers. As a policy, orders are deemed confirmed only after payments are successfully made by Buyers.
2. Modes of Payment The modes of payment permitted in PiKart include Net Banking, NEFT, RTGS, and UPI (wherever applicable).
3. Ordering Process To avoid inconvenience to Buyers, the ordering process begins with a pre-order that contains all key elements of the Buyer’s requirements, including any additional requirements as may be applicable. This pre-order is sent to the Seller for acceptance or regret. This process is especially important when the same quality grade is being supplied by the Seller from more than one site, as the Seller is obliged to confirm the 'Site of Supply'.
4. Order Confirmation After the concerned Seller 'accepts' the pre-order, the Buyer can complete their order in the cart and proceed to payment. Once the payment is successful, the order attains the status of 'Confirmed Order,' and PiKart begins processing the order.

Shipments

1. Ex-Stock Quantities and Lead Times: Sellers shall indicate Ex-stock quantities and lead times for quantities higher than Ex-stock quantities, while listing products and setting up their store.
2. Definition of Ex-Stock Quantity: Ex-stock quantity is defined as the quantity that can be handed over for shipment pick-up within 3 days of Order confirmation.
3. Lead Time Specification: Lead times are to be indicated in 'days'. As a general norm, lead times indicated during product listing and store creation shall not exceed 21 days.
4. Estimated Date of Shipment (EDS): Based on the lead times indicated by the Seller, the Estimated Date of Shipment (EDS) is computed when a Buyer prepares a Pre-Order for Seller acceptance. This EDS will remain applicable for the Order finalization process.
5. Actual Date of Shipment (ADS) Update: It is the Seller's responsibility to update the Actual Date of Shipment (ADS) at least 48 hours (2 calendar days) before the date when the material will be ready for pick-up at the site of supply.
6. Documentation Responsibility: The Seller is responsible for handing over all required documents, along with the products, to the Shipper at the time of pick-up.
7. Shipper Document Upload: After picking up the goods and obtaining an LR (Lorry Receipt) copy, the shipper is required to upload all shipment documents, including the LR copy, into the PiKart account.
8. Required Consignment Documents: The minimum documents that must accompany the consignment are the Invoice, Packing List, Certificate of Analysis (COA), and Material Safety Data Sheet (MSDS).
9. Packing Integrity: It is the Seller's responsibility to ensure the integrity of packing and sealing of containers before pickup.
10. Buyer’s Delivery Responsibility: At the time of delivery, the Buyer is responsible for receiving the consignment and providing the Order Delivery Confirmation (ODC) code to the Shipper personnel.
11. Delivery Timings: Deliveries will be made during normal working hours, and no special appointments will be entertained for deliveries.
12. Proof of Delivery: The ODC will be validated in the PiKart application and will serve as the 'Proof of Delivery' for the goods.

Quality Assessment & Acceptance

1. Testing Period: Starting from the Date of Delivery, each Buyer is entitled to a maximum of 10 calendar days to conduct quality testing on the product, covering both physical aspects and analytical parameters.
2. Product Acceptance: Upon completing testing, the Buyer is expected to indicate Acceptance/Approval of the product for the corresponding order in their PiKart account.
3. Quality Complaints: During the 10-day Testing and Assessment Period, the Buyer is permitted to raise a Quality complaint if quality testing at their QC Lab reveals deviations from the agreed-upon Pharmacopoeial Standards or In-House (IH) specifications.
4. In-House Specifications: For orders based on In-House (IH) specifications, unless the Buyer provided their own specifications and Methods of Analysis (MOA) at the Pre-Order stage and the Seller accepted to supply accordingly, the Seller’s IH specifications will apply.
5. Method of Analysis (MOA): The Seller must ensure that a copy of their MOA accompanies the shipment to support the Buyer’s quality verification process.

Settlements

1. Settlement Period: The normal settlement period for Sellers is D+15 days, where D is the Date of Delivery of the product at the Buyer's delivery location. This is subject to Buyer Acceptance or Deemed Acceptance at the end of the 10-day testing period.
2. Payment Method: Settlements to Sellers will be made via payment transfer to the Seller's registered beneficiary account through a suitable payment gateway or solution, using NetBanking, NEFT, or RTGS, as deemed fit by PiKart.
3. Payable Amount Calculation: The payable amount to the Seller will be calculated after deducting PiKart’s commission, which is already included in the Current Sale Price (CSP) reflected on the Seller’s invoice to the Buyer, along with applicable GST. PiKart will provide a Tax Invoice with the settlement, detailing the commission and corresponding GST.
4. Hold on Settlement Due to Quality Complaints: If a Buyer raises a Quality Complaint within the prescribed period, the Seller’s settlement will be put on hold until the complaint is resolved to the satisfaction of all parties concerned.

Terms of Business for PiKart.in

Introduction

Welcome to PiKart.in! By registering as a Buyer, you agree to comply with and be bound by these Terms of Business. PiKart.in facilitates the purchase of goods from verified business Sellers across India. For assistance, please contact our support team at [support@pikart.in](mailto:support@pikart.in).

Definitions

- 'Platform' or 'PiKart': Refers to the online B2B marketplace owned and operated by Gyb Technologies Private Limited.
- 'User': Refers to any business entity or individual accessing or using PiKart.
- 'Seller': Refers to eligible manufacturers of Active Pharmaceutical Ingredients (APIs) and Bulk Drugs who register on PiKart.
- 'Buyer': Refers to two types of eligible entities:
- End-Users: Manufacturers of finished dosage forms/formulations who use Bulk Drugs to produce their products.
- Distributors: Entities that possess a Wholesale Drug License and warehousing facilities, primarily engaged in stocking and reselling Bulk Drugs.
- 'Products': Includes Active Pharmaceutical Ingredients (APIs) and Bulk Drugs listed, purchased, or sold on PiKart.
- 'Transaction': Any purchase or sale conducted through PiKart.

>Eligibility and User Accounts

To register as a User, you must be a legally recognized business entity in India and possess a valid GSTIN. By registering, you affirm that all information provided is accurate and up to date. You agree to maintain the confidentiality of your account information and are responsible for all activities conducted through your account. PiKart reserves the right to verify the legitimacy of any account and suspend or terminate accounts found to be non-compliant.

Responsibilities

- Product Compliance: Buyers must ensure that Products purchased meet their quality and regulatory standards. Compliance with pharmacopoeial standards is required.
- Licenses: Buyers must have the necessary licenses, including a Wholesale Drug License if applicable, to purchase and stock Bulk Drugs.
- Profile Accuracy: Buyers are responsible for the accuracy of their provided information in the standardized Buyer profiles compiled by PiKart.

Order Fulfillment

PiKart fulfills orders using logistics partners and approved shippers. Buyers are allowed to choose the mode of shipment (Air or Surface), but the actual allocation of the shipper is at the sole discretion of PiKart.

Limitation of Liability and Indemnity

- Limitation of Liability: PiKart shall not be held responsible for any errors or violations related to compliance with pharmacopoeial standards or manufacturing licenses. Users accept the services on an 'as-is' basis.
- Indemnity: Users agree to indemnify, defend, and hold harmless PiKart, its affiliates, and their respective officers, directors, employees, logistics partners, and shippers from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorney fees) arising out of or related to any violation of applicable drug laws or regulations by the User, including but not limited to charges from law enforcement departments.

Intellectual Property

All content, trademarks, and other intellectual property rights on the platform are owned by PiKart or licensed to it. Users are granted a limited license to access and use the platform but may not copy or distribute content without prior permission.

Data Privacy and Security

PiKart is committed to protecting the privacy and security of User information. The collection, use, and storage of personal data are governed by our Privacy Policy, which is incorporated into these Terms of Business by reference. Users are encouraged to review the Privacy Policy to understand how their data is handled. By using the platform, you consent to the practices described in the Privacy Policy.

Dispute Resolution

Any disputes arising from these Terms of Business shall be governed by Indian law. Users agree to resolve disputes through arbitration, with Pune serving as the jurisdiction for any arbitration proceedings.

Amendments

PiKart reserves the right to amend these Terms of Business at any time. Users will be notified of changes through the platform, and continued use of the service after such changes constitutes acceptance of the new terms.

Contact Information

For any inquiries or concerns regarding these Terms of Business, please contact us at [support@pikart.in](mailto:support@pikart.in).

Prices

1. Current Net Prices Sellers shall fix their 'Current Net Prices' on an ex-works basis, for each of the Products enlisted in their store. Sellers are allowed to fix different prices for different Quality Grades (i.e., Pharmacopoeial grades). Further, Sellers would be permitted to edit/modify the Product prices on a daily basis, during a limited time window.
2. Current Sale Prices The Current Sale Prices offered to Buyers include a nominal commission for PiKart. In simple terms, Current Sale Price (CSP) = Current Net Price (CNP) + PiKart commission.
3. Price Edit Timeline Whenever Prices are edited by Sellers, the new prices would be effective from 00:00 hrs of the next calendar day. Current Net Prices shall remain valid for Orders finalized by Buyers until the new prices become effective.
4. Invoicing Sellers' invoices would be made based on the Current Sale Prices (CSP) directly on the Buyers' names, along with applicable GST, and would accompany the consignments.
5. Freight & Delivery Charges Freight and delivery charges will be added to the product value and will form the second component of the total order value for the Buyer. These charges are pertinent to the logistics partner and shippers, paid by PiKart to the contracted logistics partners. Buyers will receive an invoice for Freight & Delivery (F&D) charges along with applicable GST from the logistics partner.
6. Convenience Charges PiKart charges a nominal convenience charge to Buyers for the doorstep delivery services and order fulfilment. This is the third component in the total order value seen in the cart by Buyers. An invoice would be provided by PiKart towards this charge along with GST applicable.
7. Transportation Type While listing Products (APIs) for their Store, Sellers are obliged to indicate the type of transportation required for the respective APIs. Three (3) types are defined, viz., Normal (ambient temperature); Cold Transport-CT1 (0-5 degC) and Cold Transport-CT2 (below 0 degC).
8. Transport Costs The type of transport determines the shipper to be assigned and the costs of Freight & Transportation.

Payments

1. Payment Gateway Collaboration PiKart collaborates with payment gateways to facilitate payments by Buyers. As a policy, orders are deemed confirmed only after payments are successfully made by Buyers.
2. Modes of Payment The modes of payment permitted in PiKart include Net Banking, NEFT, RTGS, and UPI (wherever applicable).
3. Ordering Process To avoid inconvenience to Buyers, the ordering process begins with a pre-order that contains all key elements of the Buyer’s requirements, including any additional requirements as may be applicable. This pre-order is sent to the Seller for acceptance or regret. This process is especially important when the same quality grade is being supplied by the Seller from more than one site, as the Seller is obliged to confirm the 'Site of Supply'.
4. Order Confirmation After the concerned Seller 'accepts' the pre-order, the Buyer can complete their order in the cart and proceed to payment. Once the payment is successful, the order attains the status of 'Confirmed Order,' and PiKart begins processing the order.

Shipments

1. Ex-Stock Quantities and Lead Times: Sellers shall indicate Ex-stock quantities and lead times for quantities higher than Ex-stock quantities, while listing products and setting up their store.
2. Definition of Ex-Stock Quantity: Ex-stock quantity is defined as the quantity that can be handed over for shipment pick-up within 3 days of Order confirmation.
3. Lead Time Specification: Lead times are to be indicated in 'days'. As a general norm, lead times indicated during product listing and store creation shall not exceed 21 days.
4. Estimated Date of Shipment (EDS): Based on the lead times indicated by the Seller, the Estimated Date of Shipment (EDS) is computed when a Buyer prepares a Pre-Order for Seller acceptance. This EDS will remain applicable for the Order finalization process.
5. Actual Date of Shipment (ADS) Update: It is the Seller's responsibility to update the Actual Date of Shipment (ADS) at least 48 hours (2 calendar days) before the date when the material will be ready for pick-up at the site of supply.
6. Documentation Responsibility: The Seller is responsible for handing over all required documents, along with the products, to the Shipper at the time of pick-up.
7. Shipper Document Upload: After picking up the goods and obtaining an LR (Lorry Receipt) copy, the shipper is required to upload all shipment documents, including the LR copy, into the PiKart account.
8. Required Consignment Documents: The minimum documents that must accompany the consignment are the Invoice, Packing List, Certificate of Analysis (COA), and Material Safety Data Sheet (MSDS).
9. Packing Integrity: It is the Seller's responsibility to ensure the integrity of packing and sealing of containers before pickup.
10. Buyer’s Delivery Responsibility: At the time of delivery, the Buyer is responsible for receiving the consignment and providing the Order Delivery Confirmation (ODC) code to the Shipper personnel.
11. Delivery Timings: Deliveries will be made during normal working hours, and no special appointments will be entertained for deliveries.
12. Proof of Delivery: The ODC will be validated in the PiKart application and will serve as the 'Proof of Delivery' for the goods.

Quality Assessment & Acceptance

1. Testing Period: Starting from the Date of Delivery, each Buyer is entitled to a maximum of 10 calendar days to conduct quality testing on the product, covering both physical aspects and analytical parameters.
2. Product Acceptance: Upon completing testing, the Buyer is expected to indicate Acceptance/Approval of the product for the corresponding order in their PiKart account.
3. Quality Complaints: During the 10-day Testing and Assessment Period, the Buyer is permitted to raise a Quality complaint if quality testing at their QC Lab reveals deviations from the agreed-upon Pharmacopoeial Standards or In-House (IH) specifications.
4. In-House Specifications: For orders based on In-House (IH) specifications, unless the Buyer provided their own specifications and Methods of Analysis (MOA) at the Pre-Order stage and the Seller accepted to supply accordingly, the Seller’s IH specifications will apply.
5. Method of Analysis (MOA): The Seller must ensure that a copy of their MOAaccompanies the shipment to support the Buyer’s quality verification process.

1. SELLER Settlements

1. Settlement Period: The normal settlement period for SELLERS is D+15 days, where D is the Date of Delivery of the product at the BUYER's delivery location. This is subject to BUYER Acceptance or Deemed Acceptance at the end of the 10-day testing period.
2. Payment Method: Settlements to SELLERS will be made via payment transfer to the SELLER's registered beneficiary account through a suitable payment gateway or solution, using NetBanking, NEFT, or RTGS, as deemed fit by PiKart.
3. Payable Amount Calculation: The payable amount to the SELLER will be calculated after deducting PiKart’s commission, which is already included in the Current Sale Price (CSP) reflected on the SELLER’s invoice to the BUYER, along with applicable GST. PiKart will provide a Tax Invoice with the settlement, detailing the commission and corresponding GST.
4. Hold on Settlement Due to Quality Complaints: If a BUYER raises a Quality Complaint within the prescribed period, the SELLER’s settlement will be put on hold until the complaint is resolved to the satisfaction of all parties concerned.