Terms and Conditions

Welcome to Restomart. These Terms and Conditions govern your use of our online platform and the services we provide. By accessing or using our platform, you agree to be bound by these terms and enter into a legally binding agreement with Restomart

Obligations of Restaurant partners:

• Restaurant Partners shall make timely payment of invoices raised by Restomart for sell of Goods in accordance with the term of this Agreement.

• Restaurant Partners shall accept delivery of Goods once it arrives at the designated location of the Restaurant Partners, without any delay. Restomart shall attempt delivery only once. Delay of more than half an hour in accepting the delivery of the Goods shall constrain Restomart to recall the Goods without refunding the payment for the Goods to the Restaurant Partners.
• Restaurant Partners shall provide of any information and support that may reasonably be requested by Restomart to enable it to discharge its duties under this Agreement properly and efficiently; and
• Restaurant Partners shall check the quality and quantity of the Goods at the time of the delivery. The Restaurant Partners agrees that Restomart shall not be responsible for any deficiency, damage or claims as regards quality or quantity of Goods after the Goods has been delivered to the Restaurant Partners and their signature physical or digital has been obtained by Restomart.
• If the delivery address of the Restaurant Partners requires delivery of Goods on a higher floor (more than 2 floors) of a building, it shall be Restaurant Partners’s sole responsibility to provide an elevator service/assistance to deliver Goods to the designated address.
• Restaurant Partners shall ensure that the Information provided to Restomart is current and accurate, including but not limited to the Restaurant Partners name, address, contact telephone number, email, institutional consumer status, manager/contact person details, delivery address, delivery times, and other relevant information

• As a general rule, Restaurant Partners cannot cancel the Order once it has been placed via the Restomart Platform.
• The Restaurant Partners shall be solely responsible for non-delivery of Goods due to reasons attributable to the Restaurant Partners and shall be liable to pay a penalty of INR 1500/- (Indian rupees one thousand five hundred only) for the loss suffered by Restomart due to such failure in accepting the delivery within agreed timeline.
• Restaurant Partners purchasing from Restomart shall be considered as an Institutional Consumer as defined under the provisions of the Legal Metrology Act, 2009 under which tax will not be charged on pre-packaged commodities.
• If the Restaurant Partners does not qualify as Institutional Consumer, they have to update the status on the profile page.
• GST applicability depends on the status of the Restaurant Partners for the revised regulations. Restomart will purely rely on the available information for determining the applicable taxes.

Invoice and Payments:

• Restomart shall deliver the Goods along with the relevant invoice.
• In consideration for the Goods sold by Restomart, the Parties agree that the Restaurant partners shall be liable to pay to Restomart the Price as reflecting on Restomart Platform at the time of placing the Order plus taxes as applicable in the following manner:
• Restaurant partners with advance payment term agree to pay the Price for the Order upfront i.e. at the time of checkout from the Restomart Platform by using such mode(s) of payment as available on the Restomart Platform; and
• Restaurant partners availing Credit Facility agree to pay the Price for the Order at a later date, in accordance with the Credit Period as set out in the Form.

• Restaurant partners availing the Credit Facility further agree and acknowledge the following:

• Pay the invoices within such days from the date of the invoice as set out in the Form, failing which Restomart shall reserve a right to disable the Restaurant partners from placing Orders for Goods via Restomart Platform. This right to disable shall be in addition to other terms of the Form and these Terms.
• At the time of signing the Form, the Restaurant partners shall deposit an undated cheque ('UDC') as set out in the Form for amount equivalent to the Credit Limit as mentioned in the Form. Restomart shall retain the UDC for the entire Term as collateral against the pending Invoices. In the event the Restaurant partners fails to make timely payment against any pending Invoice, in addition to other clauses herein Restomart reserves a right, upon prior intimation to the Restaurant partners, to encash the UDC and recover the outstanding amount. Restomart shall return the UDC to the Restaurant partners upon expiry of the Term.
• In the event (a) the total accumulated value of all unpaid Invoices reaching the Credit Limit or (b) of expiry of the Credit Period, whichever is earlier, the Restaurant partners agrees to pay the entire outstanding amount due to Restomart against all unpaid Invoices immediately.
• In event of failure on part of the Restaurant partners to make payments to Restomart in a timely manner, Restomart reserves its right to suspend Restaurant partners’s use of the Restomart Platform until payment has been made in full by the Restaurant partners in addition to taking appropriate legal action against the Restaurant partners that may be available to it under these Terms or as per applicable law. Any late payments to Restomart shall attract an interest at the rate of 1% per month for initial fifteen (15) days ('Initial Term') and after the Initial Term, at a rate of 0.1% per day, from the date the invoice became due and payable and until the date when such invoice is finally paid.

• Notwithstanding anything contrary contained in these Terms or the Form, the Restaurant partners, on behalf of itself and all its affiliates, hereby unconditionally and irrevocably authorises Restomart and all Restomart Group Companies to withhold and deduct any amounts paid by the Restaurant partners under any agreement, arrangement or understanding between the Restaurant partners and any Restomart Group Company, and apply such amounts to set off any amounts owed by the Restaurant partners to Restomart under, on in connection with the Form and/or Terms. For purposes of the provisions of this clause 8.(iii).e, the term Restomart Group Company shall be deemed to include the parent company and any of its current and former, direct and indirect, subsidiaries and/or controlled affiliates as well as any successor to the parent company or all or any material portion of the businesses and/or assets of the parent company or any successor thereto or any of its direct and indirect, subsidiaries and/or controlled affiliates.

• Restaurant partners shall provide Goods and Service Tax Identification Number ('GSTIN'), Permanent Account Number ('PAN') and such other documents as may be required by Restomart for purpose of generating appropriate Invoices and for settlement of payments
• Restomart shall raise the invoices to the Restaurant partners at the time of delivery of Goods containing such particulars as may be prescribed under the GST Act and Rules thereunder, as amended from time to time for cost of the Goods plus taxes as applicable ('Invoice')
• Tax collected at Source under Income Tax Act (“TCS u/s 206C(1H)”):
• With effect from 1st October, 2020, Restomart is required to collect taxes at source against consideration collected above the threshold limit prescribed in the tax law at the applicable rate. Restomart hereby clarifies that TCS u/s 206C(1H) shall be collected at the time of placing of Order by the Restaurant partners and on full value of invoice. TCS u/s 206C(1H) as applied to the transaction shall also be printed as a part of the invoice provided against an Order.

• The Restaurant partners shall be solely responsible to provide correct PAN details to Restomart and reconcile TCS u/s 206C(1H) with the tax statements and certificates provided by Restomart from time to time. Restomart shall remit collected TCS u/s 206C(1H) to the respective Government account and report against the PAN as available on Restomart records. Such remittance(s) and reporting shall be considered as complete fulfilment of Restomart's obligations in this regard.

• Restomart will share a quarterly TCS certificate with Restaurant partners as per the below schedule:
  • QuarterCertificate (Form 27D)
  • April - June - 30th July
  • July - September - 30th October
  • October - December - 30th January
  • January - March - 30th May

• The Restaurant partners may be eligible to claim credit of the TCS u/s 206C(1H) on the basis of tax returns filed by it with the relevant government tax authorities. Restaurant partners acknowledges and agrees that it is Restaurant partners’s responsibility to reconcile and claim correct credit for the TCS u/s 206C(1H) for which the Restaurant partners may be eligible as per the applicable laws. Restaurant partners also agrees that in the event of any discrepancy between the returns filed by Restaurant partners and those filed by Restomart, the values reported by Restomart shall have a precedence over the tax returns filed by the Restaurant partners.
• Any discrepancy identified at the time of reconciliation by the Restaurant partners should be brought to the attention of Restomart within a period of fifteen (15) days from the date of receipt of TCS Certificate. Any delay on this account will relieve Restomart of any obligation to undertake a corrective action to resolve the discrepancy. Under no circumstances, Restomart shall entertain any discrepancy in the reported value after 31st July of the year following the financial year to which the transactions were undertaken and reported.
• Restaurant partners agrees and acknowledges that Restomart shall not be held liable in any manner in the event the Restaurant partners does not receive the benefit of TCS due to incorrect particulars provided by the Restaurant partners to Restomart.

Ordering and Payment:

When placing an order through our platform, you agree to provide accurate and complete information. You are responsible for ensuring the accuracy of the order details, including the quantity, products, and delivery address. We reserve the right to reject or cancel any order if the information provided is inaccurate, incomplete, or violates our policies.

Payment for orders must be made in full at the time of purchase. We accept various payment methods, and all transactions are securely processed. Any additional charges, such as taxes or shipping fees, will be clearly indicated during the checkout process.

Pricing of Goods:

Restomart agrees to sell Goods to the restaurant partner at the Price as indicated on the Restomart Platform at the time of placing Order. Restomart reserves the right to revise the said Price at its sole discretion at any given time in future.

Quality of Goods:

It shall be the responsibility of the Restaurant partner to check the quality and quantity of the Goods at the time of the delivery. The Restaurant partner agrees that Restomart shall not be responsible for any deficiency, damage or claims as regards quality or quantity of Goods after the Goods has been delivered to the Restaurant premises and their signature physical or digital has been obtained by Restomart.

In the event the Goods ordered are perishables, the restaurant partner shall ensure that all such Goods are utilised before the specified expiry date, failing which, Restomart shall not be held liable in any way for the quality of such Goods supplied.

Delivery and Shipping:

We strive to ensure timely delivery of your orders within the specified time slot during the placement of orders. However, delivery times may vary depending on factors beyond our control, such as weather conditions or unforeseen circumstances. We will make reasonable efforts to inform you of any delays or disruptions in the delivery process.

Ownership and Risk of Loss:

Ownership of the products passes to you upon delivery. The risk of loss or damage to the products is transferred to you upon delivery. It is your responsibility to inspect the products upon receipt and notify us promptly of any issues or discrepancies.

Returns and Refunds:

We aim to provide high-quality products and exceptional service. If you receive a defective or incorrect product, please contact us within 24 hours from the date of delivery. We will work with you to resolve the issue promptly, which may include replacement, refund, or store credit, at our discretion.

Intellectual Property:

All content and materials available on our platform, including but not limited to logos, trademarks, images, text, and graphics, are the intellectual property of Restomart are protected by applicable laws. You are prohibited from using, reproducing, distributing, or modifying any content from our platform without our prior written consent.

Limitation of Liability:

In no event shall Restomart, its officers, directors, employees, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our platform or the products purchased through it. This includes, but is not limited to, loss of profits, data, or business interruption.

Governing Law and Dispute Resolution:

These Terms and Conditions shall be governed by and construed in accordance with the laws of Government of India. Any dispute or claim arising out of or relating to these terms or your use of our platform shall be resolved exclusively in the courts of Bengaluru.