Legal notice
1. Purpose & Scope
This policy governs the management of incoming and outgoing legal notices for RKPS Agencies. As a commercial footwear distributor and e-commerce seller, the company interacts extensively with manufacturing vendors, retail B2B buyers, logistics partners, and online retail consumers. This policy ensures strict compliance with Indian laws, protects brand equity, and mitigates litigation risks.
2. Core Legal Jurisdictions & Statutes
All notices handled by RKPS Agencies must be evaluated against specific Indian legislations:
- E-Commerce & Retail Consumers: The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 (governing product defects, sizing mismatches, and delayed delivery claims).
- B2B Distribution & Supply Chain: The Sale of Goods Act, 1930 and the Indian Contract Act, 1872 (governing bulk order rejections, defective inventory, and logistics transit damages).
- Financial Recovery: Section 138 of the Negotiable Instruments Act, 1881 (governing cheque bounces from retail stockists) and the Insolvency and Bankruptcy Code (IBC), 2016 for corporate recovery.
- IPR Protection: The Trade Marks Act, 1999 (governing counterfeit footwear listings or unauthorized brand name usage on e-commerce marketplaces like Amazon or Flipkart).
3. Mandate for Incoming Legal Notices
- 24-Hour Escalation: Any notice received via email, registered post, or through e-commerce platform seller portals must be scanned and sent to the Legal Cell within 24 hours.
- Preserve Postal Envelope: The physical envelope with the India Post Speed Post/RPAD tracking number must be pinned to the notice. This establishes the baseline for calculating statutory reply timelines.
- Strict Non-Communication: No employee from the warehouse, customer support, or sales team shall communicate with the sender or their advocate without formal legal clearance.
4. Standard Operating Procedure (SOP) by Business Vertical
A. E-Commerce & Consumer Grievances (Online Sales)
- Timeline: Customer notices regarding wrong sizing, counterfeit allegations, or refund failures must be replied to within 15 to 30 days as stipulated under Consumer Protection guidelines.
- Action: Legal cell must verify platform logs (e.g., return window expiration, transit fulfillment data) before responding.
B. B2B Footwear Distribution (Retailers/Stockists)
- Unpaid Invoices: If a retailer defaults on stock payment, a statutory demand notice giving 15 days notice must be dispatched via empanelled counsel.
- Cheque Bounce: For dishonoured cheques, the statutory notice under Section 138 of the NI Act must be sent strictly within 30 days of receiving the bank return memo.
C. Manufacturing & Vendor Disputes
- Defective Stock: If a shoe manufacturing unit supplies defective goods (e.g., sole peeling, poor stitching), the distribution team must pause billing, isolate stock, and issue a breach notice within 7 days of quality audit failure.
5. Outgoing Notice Requirements
- Legal Header: Every formal outgoing notice must be printed on the letterhead of RKPS Agencies' empanelled legal advocate.
- Digital Footprints: Digital notices sent via email must attach electronic logs compliant with Section 65B of the Indian Evidence Act to maintain admissibility in court.
6. Data Freeze and Litigation Hold
Upon receipt or issuance of a notice, the IT and Accounts departments must immediately lock:
- Inventory ledgers and batch delivery receipts.
- WhatsApp communications or email trails with the vendor/customer.
- Warehouse CCTV footage if the dispute involves physical stock dispatch or transit damage.
Would you like to include specific internal guidelines for handling counterfeit brand claims or establish monetary slabs to define when a matter must go to court versus settling out of court?
1. Purpose & Scope
This policy governs the management of incoming and outgoing legal notices for RKPS Agencies. As a commercial footwear distributor and e-commerce seller, the company interacts extensively with manufacturing vendors, retail B2B buyers, logistics partners, and online retail consumers. This policy ensures strict compliance with Indian laws, protects brand equity, and mitigates litigation risks.
2. Core Legal Jurisdictions & Statutes
All notices handled by RKPS Agencies must be evaluated against specific Indian legislations:
- E-Commerce & Retail Consumers: The Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 (governing product defects, sizing mismatches, and delayed delivery claims).
- B2B Distribution & Supply Chain: The Sale of Goods Act, 1930 and the Indian Contract Act, 1872 (governing bulk order rejections, defective inventory, and logistics transit damages).
- Financial Recovery: Section 138 of the Negotiable Instruments Act, 1881 (governing cheque bounces from retail stockists) and the Insolvency and Bankruptcy Code (IBC), 2016 for corporate recovery.
- IPR Protection: The Trade Marks Act, 1999 (governing counterfeit footwear listings or unauthorized brand name usage on e-commerce marketplaces like Amazon or Flipkart).
3. Mandate for Incoming Legal Notices
- 24-Hour Escalation: Any notice received via email, registered post, or through e-commerce platform seller portals must be scanned and sent to the Legal Cell within 24 hours.
- Preserve Postal Envelope: The physical envelope with the India Post Speed Post/RPAD tracking number must be pinned to the notice. This establishes the baseline for calculating statutory reply timelines.
- Strict Non-Communication: No employee from the warehouse, customer support, or sales team shall communicate with the sender or their advocate without formal legal clearance.
4. Standard Operating Procedure (SOP) by Business Vertical
A. E-Commerce & Consumer Grievances (Online Sales)
- Timeline: Customer notices regarding wrong sizing, counterfeit allegations, or refund failures must be replied to within 15 to 30 days as stipulated under Consumer Protection guidelines.
- Action: Legal cell must verify platform logs (e.g., return window expiration, transit fulfillment data) before responding.
B. B2B Footwear Distribution (Retailers/Stockists)
- Unpaid Invoices: If a retailer defaults on stock payment, a statutory demand notice giving 15 days notice must be dispatched via empanelled counsel.
- Cheque Bounce: For dishonoured cheques, the statutory notice under Section 138 of the NI Act must be sent strictly within 30 days of receiving the bank return memo.
C. Manufacturing & Vendor Disputes
- Defective Stock: If a shoe manufacturing unit supplies defective goods (e.g., sole peeling, poor stitching), the distribution team must pause billing, isolate stock, and issue a breach notice within 7 days of quality audit failure.
5. Outgoing Notice Requirements
- Legal Header: Every formal outgoing notice must be printed on the letterhead of RKPS Agencies' empanelled legal advocate.
- Digital Footprints: Digital notices sent via email must attach electronic logs compliant with Section 65B of the Indian Evidence Act to maintain admissibility in court.
6. Data Freeze and Litigation Hold
Upon receipt or issuance of a notice, the IT and Accounts departments must immediately lock:
- Inventory ledgers and batch delivery receipts.
- WhatsApp communications or email trails with the vendor/customer.
- Warehouse CCTV footage if the dispute involves physical stock dispatch or transit damage.