1. Introduction
Private e-Marketplace is a digital procurement platform operated by Private e-Marketplace PVT. LTD. It enables registered buyers and sellers to conduct procurement activities such as direct purchases, bidding, and auction-based transactions.
Private e-Marketplace functions only as a technology marketplace facilitator and does not buy, sell, store, transport, or deliver goods or services.
These General Terms and Conditions (GTC) form a legally binding electronic contract under the Information Technology Act, 2000 between the Buyer, Seller, and Private e-Marketplace PVT. LTD. All transactions on the Private e-Marketplace portal are governed by these GTC unless separate Special Terms and Conditions (STC) or Additional Terms and Conditions (ATC) apply to a specific procurement process.
Private e-Marketplace operates as an intermediary under Section 79 of the IT Act, 2000.
2. Neutral Platform
Private E Marketplace provides a complete online marketplace connecting buyers and sellers.
3. Third-Party Contracts
All contracts for the sale of goods are strictly between the buyer and seller. Private E Marketplace is not a party to such contracts.
4. Limitation of Responsibility
Private E Marketplace acts only as a mediator and does not initiate transactions, select participants, or modify content in listings.
5. Dispute Liability
Private E Marketplace is not liable for disputes, damages, losses, payment issues, product quality concerns, or delivery problems between buyers and sellers. However, affected users may raise incidents through the platform for resolution support.
6. Eligibility
Buyers may include individuals, proprietorships, partnerships, LLPs, companies, trusts, societies, or associations.
Seller registration is restricted to proprietorships, partnerships, LLPs, and companies only.
All buyers must complete verification before participating in procurement activities.
7. General Terms and Definitions
Applicable Laws: All applicable laws, statutes, regulations, policies, orders, or government requirements currently in force.
Goods: Any products or items listed by sellers on the Private E Marketplace portal. Private E Marketplace does not own, store, or deliver goods. Delivery and fulfillment remain private contracts between buyers and sellers.
Category Specification: Technical features, parameters, certifications, and rules defined for each product category. Buyers and sellers must comply with these specifications. Any modification or addition of categories can only be performed by Private E Marketplace.
Buyer: Any individual or organization purchasing goods on the platform. Buyer verification is conducted by Private E Marketplace admin and is free of cost.
Seller: A registered business entity offering goods on the platform. Individual sellers are not allowed. Seller verification occurs automatically based on PAN, GSTIN, and CIN/LLPIN details, and requires payment of registration fees.
User ID and Password: Login credentials issued to an authorized individual representing a registered organization. Users are responsible for maintaining confidentiality and for all activities performed through their account.
License: By uploading product information or participating in procurement processes, sellers grant Private E Marketplace a non-exclusive, royalty-free, perpetual license to use submitted content, excluding Aadhaar numbers.
Tender: A structured procurement process inviting sellers to submit offers through bidding, reverse auction, or bid-to-reverse-auction methods.
Direct Order: A purchase made directly from a seller at the listed price without bidding or auction.
Bid: A tender process where sellers submit price offers for buyer requirements.
Reverse Auction (RA): A tender process where sellers submit progressively lower price offers.
Contract: A digital document generated by Private E Marketplace confirming the contractual relationship between buyer and seller after an order is executed.
Private E Marketplace Admin Panel: Administrative system used by Private E Marketplace to manage users, verify catalogs, manage categories, and resolve incidents.
8. Roles, Responsibilities and Obligations
Responsibilities of Buyers:
Buyers represent their organizations and must ensure they have authority to enter contracts with sellers.
Buyers may:
• Purchase unlimited products
• Create unlimited tenders
• Use portal analytics, bidding, and reverse auction tools
Buyers must:
• Provide accurate registration and business information
• Ensure tender specifications, product quantities, delivery timelines, and requirements are correct
• Verify product details before placing orders
• Follow procurement rules defined on the portal
Private E Marketplace validates buyer information using government databases such as PAN, Aadhaar, GSTIN, and tax records. Buyers must maintain transparency and ethical conduct in all transactions.
Portal-Only Transactions:
All transactions must occur through the platform. Orders placed outside the platform based on portal listings are prohibited and may result in suspension or rating penalties.
Responsibilities of Sellers:
Only verified business entities may register as sellers.
Sellers are responsible for:
• Accuracy of product information
• Legal compliance of goods offered
• Possessing required licenses or rights to sell products
• Providing truthful business and product details
• Ensuring product quality, quantity, warranty, and shelf life
Private E Marketplace validates seller information using PAN, GSTIN, and government databases.
Sellers must:
• Provide brand-new, compliant products
• Maintain availability of spare parts during the warranty period
• Offer best and lowest prices on the platform
• Provide at least 10% discount on MRP unless otherwise specified
Product prices must include all taxes and logistics costs, including delivery, packaging, loading, unloading, and installation where applicable. Incorrect categorization or misleading product listings may result in removal or suspension.
9. Procurement Guidelines
Buyer Eligibility and Verification:
Eligible buyers include individuals, proprietorships, partnerships, LLPs, trusts/societies, and companies.
Verification includes:
• Live location validation within a 1 km radius
• Live photo and identity capture
• Admin approval
Verification typically requires a minimum of 24 hours.
Buyer Permissions:
Verified buyers may:
• Place direct orders
• Create tenders
• Search products by category
Buyers cannot:
• Participate in bidding
• Join reverse auctions
• Add or modify product catalogs
• Request new categories
Direct Purchase Rules:
Direct purchase allows buyers to purchase goods directly from sellers without tendering.
Order limits:
• Individual buyers: up to ₹20,000
• Organizations: up to ₹50,000
Private E Marketplace does not handle product payments. Payments are conducted directly between buyer and seller. Buyers must pay only the Private E Marketplace platform fee (0.1% of order value plus applicable taxes). After dispatch, buyers must confirm receipt and upload proof of delivery. An Acceptance Report is then generated confirming order completion.
Tender Creation Rules:
Buyers may create tenders using:
• Bid
• Reverse Auction
• Bid-to-Reverse-Auction
Tender creation requires:
• Accurate product details
• Expected delivery date (minimum 5 days from creation)
• Valid GST verification for consignees
Buyers may optionally upload ATC documents specifying additional conditions. If minimum bid participation is not achieved, tenders may automatically extend according to buyer-configured settings.
10. Seller Guidelines
Seller Eligibility:
Seller registration is restricted to business entities such as:
• Proprietorships
• Partnerships
• LLPs
• Companies
• Trusts or associations
Required documentation includes Business PAN, Bank account details, and GSTIN.
Product Listing Rules:
Sellers must ensure:
• Accurate product specifications
• Correct category placement
• Minimum three product images
• No branding or promotional content in titles or images
Product statuses include Draft, Pending verification, Notify, Verified, and Rejected. Only Published products are visible to buyers.
Seller Participation in Procurement:
Sellers may:
• Participate in tenders
• Submit bids or reverse auction offers
• Provide goods according to tender conditions
If a seller rejects a tender after selection, penalties apply:
• 1st rejection: 30-day block
• 2nd rejection: 60-day block
• 3rd rejection: 180-day block
• 4th rejection: permanent ban
11. Incident Management
Incidents may be raised for disputes related to:
• Orders
• Products
• Tenders
• Auctions
All communication must occur within the platform. Private E Marketplace may investigate incidents, request evidence, and take actions such as warnings, penalties, suspension, or corrective measures. Private E Marketplace decisions are binding within the platform.
12. Support Ticket System
Tickets are intended only for technical or platform issues, such as:
• Login or registration problems
• Platform errors
• Account issues
• System functionality issues
Each ticket must include accurate descriptions and supporting evidence. Private E Marketplace may accept, reject, reclassify, or close tickets depending on validity.
13. Account Deletion
Accounts may be deleted only if no platform activity has occurred beyond registration and login. Users with active subscriptions cannot delete accounts during the subscription period. Temporary account deactivation is not permitted.
14. Pricing Rules
All prices on the platform must be:
• Displayed in INR
• Inclusive of taxes and delivery costs
• Fixed until updated by the seller
Prices remain locked for 24 hours when added to cart. Sellers may set location-based pricing. Demanding additional charges outside the listed price is strictly prohibited.
15. Duties and Taxes
Platform service fees are subject to 18% GST.
Tax structure:
• IGST 18% for inter-state transactions
• CGST 9% + SGST 9% for intra-state transactions
TDS of 2% is deducted as per income tax regulations.
16. Integrity Pact
All users must maintain fairness, transparency, and ethical conduct. Corruption, manipulation, or unfair practices in procurement processes are strictly prohibited.
17. Warranty Disclaimer
The platform and its services are provided “as-is” and “as available.” Private E Marketplace does not guarantee accuracy of product descriptions, merchantability, or fitness for a specific purpose. Users rely on seller information at their own risk.
18. Payment Terms
Private E Marketplace collects only platform service fees through an RBI-authorized payment aggregator. Payments for goods are conducted directly between buyers and sellers. Private E Marketplace does not provide escrow services or payment guarantees. Platform fees are non-refundable once the service is delivered.
19. Delivery Terms
Private E Marketplace does not participate in logistics, packaging, shipping, or delivery. All delivery arrangements are private agreements between buyer and seller. Private E Marketplace is not liable for loss, damage, or delay in transit.
20. Delivery Period
Sellers must deliver goods within the agreed delivery timeline specified in the contract. Any modification to delivery timelines must be mutually agreed and documented.