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Terms & Conditions
- The Company reserves the right to change the Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. The Purchaser is advised that any amendment to the User Agreement or rules and policies incorporated here in by reference will only be notified on the Website on publicly accessible links and the Purchaser agrees that accessing, browsing or using the Website constitutes sufficient notice to the Purchaser for all purposes and such changes to the User Agreement shall be effective from the time that the Company posts the same on the Website.
- The Purchaser can use the Website by registering as a member on the Website by submitting identification information/ registration details on the register section of the Website and Accepting the electronic record of the User Agreement and obtaining a unique user name and a secret key as password (Purchaser Account) for using the Website.
- This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website.
- If the Purchaser represents and is registering as a business entity, by accepting the User Agreement the Purchaser represents that it has sufficient authority under applicable law to enter into the User Agreement and is duly authorized by the business entity to accept this User Agreement and bind that business entity to this User Agreement.
- The Purchaser is prohibited from selling, trading, or otherwise transferring the Purchaser Account to another party.
- By creating Purchaser Account with the Website, the Purchaser gives permission to the Website and the Company to store details and records of the Purchaser.
- The Purchaser shall be solely responsible for maintaining secrecy and confidentiality of the Purchaser's username and password for the Purchaser Account. The Purchaser represents that the Purchaser is responsible for all activities under the Purchaser Account on the Website. The Company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of the Purchaser's user name and password.
- The Purchaser shall provide true, accurate and complete information while registering for the Purchaser Account and/or for any other purpose when prompted to do so on the Website. The Purchaser shall not misrepresent the Purchaser's identity and shall not login/ register using the identity of any other person. The Purchaser shall be responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided is true, accurate, current and complete at all times. If the Company has reasonable grounds to deduce that the information provided by the Purchaser is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block the Purchaser Account and the Purchaser's access to the Website in any manner whatsoever.
- The Company and the Website may use the email ID/ mobile number provided by the Purchaser to contact the Purchaser and correspond with the Purchaser. In this regard, the Purchaser consents to receive such correspondence from the Company and the Website on the email ID/ mobile number provided by the Purchaser and that such correspondence shall be deemed adequate service of notice to the Purchaser by the Company and the Website.
- The Purchaser agrees and undertakes to not host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- Belongs to another person and which the Purchaser does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person or use an anonymous proxy;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Is false, inaccurate or misleading;
- Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- May give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
- Links directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force in India including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. The Purchaser shall not promote any website or webpage or link on the Website.
- Upon the Purchaser buying a Product on the Website by using the Payment Method (defined below) (Sale) the Purchaser accepts and understands that the Purchaser shall enter into a legally binding and enforceable contract with the Company to purchase the Products at the price listed on the Website (Sale Price) the payment of which shall be made using the Payment Method to Company before taking delivery of the Products. Further the Purchaser agrees and acknowledges that the Company is only a facilitator of collection and remittance of Sale Price.
- Payments for the items on the Website, at the option of the relevant seller, can be made by way of
(i) Payment on Billing which can be made through the electronic payment facilities through the Website; or
(ii) Payment on Delivery wherein payment shall be made only by cash on delivery where an authorised representative of the Company shall collect the Sale Price from the Purchaser in cash and in person.
- The Purchaser shall pay the Sale Price only through the available methods of payment on the Website viz Payment on Billing or Payment on Delivery (Payment Method), for the Sale conducted on the Website. If the Purchaser pays the Sale Price through Payment on Billing, the Sale will be considered complete when the Sale Price is credited to the Company's account. For Payment on Billing, the delivery of the Products to the Purchaser shall be deemed complete only after the Company receives the Sale Price. For Payment on Delivery, the delivery of the Products to the Purchaser shall be deemed complete only after the authorised representative of the Company receives the Sale Price from the Purchaser.
- The Purchaser acknowledges and accepts that the Purchaser has specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Sale Price by any of the Prescribed Method of payment in respect of the Sale.
- For Payment on Delivery, if the Purchaser fails to make the payment of the Sale Price for any reason whatsoever, the Company shall have the right to take such legal action as necessary to recover the cost of shipping the Product to the Purchaser. Further, the Company shall have the right to suspend/terminate the Purchaser Account of the Purchaser on the Website.
- To prevent any misuse, a payment (in whichever Payment Method) of the Sale Price, the Company may at any time after a Purchaser places an order for the purchase of the Product contact the Purchaser for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are, in the Company's sole opinion, false, misleading, incorrect or incomplete and consequently the Purchaser's credit card/ debit card/ net card/ bank account will not be charged. In such case, the delivery will not commence until the payment is confirmed. The result of the checks and verification shall be communicated to the Purchaser. Further, the Company reserves the right to refuse to process the Sale Price in respect of the Sale by the Purchaser, if the Purchaser has a prior history of questionable charges including without limitation breach of any agreements by with the Company or breach/ violation of any applicable law or any charges imposed by the Company.
- The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing of the Sale Price, if made through Payment on Billing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
- A cancellation of the Sale by the Purchaser can only be effected within 2 hours of the Sale being completed and if the Sale has not been processed by the Company (Successful Cancellation), by informing on [email protected] In the event of a Successful Cancellation, the Company shall provide credit for an amount equal to the Sale Price (excluding taxes), after applicable deductions, through the Purchaser Account to the Purchaser.
- If the Purchaser used an e-coupon (excluding a gift voucher) or a temporary sale discount coupon to make the payment of the Sale Price for the Sale, the Company shall not refund the Sale Price to, or provide a new coupon to the Purchaser upon Successful Cancellation. Provided however, in the event the Purchaser used a gift coupon to make the payment of the Sale Price, upon Successful Cancellation, the Company may provide a new gift coupon to the Purchaser.
- Upon cancellation of the Sale by the Company, the Company shall refund the entire Sale Price to the Purchaser within 30 days of the Sale. If the Purchaser paid the Sale Price through Payment on Billing, the Company shall refund the Sale Price to the issuing bank used by the Purchaser to make the payment of the Sale Price. If the Purchaser opted to pay the Sale Price through Payment on Delivery, the company shall cancel the invoice issued to the Purchaser. Provided however, that if the Purchaser used a gift voucher to make the payment of the Sale Price for the Sale, the Company shall issue a new gift voucher of equivalent value or make credit available for such amount as deemed requisite by the Company through the Purchase Account of the Purchaser, in accordance with Clause 4.1(b) above.
- The Company will only accept return of a Product by the Purchaser if the Product is delivered to the Purchaser damaged. Upon receipt of the damaged Product, the Purchaser shall notify the Company in accordance with Clause 5.2 below and provide such information as required by the Company to ascertain the damage to the Product (in the Company's sole discretion). The Company may extend or change the policy for individual Products and this information shall be conveyed along with Product information on the Website. If the Company declares a Product to be damaged, then the Purchaser shall ship the Product back to the Company in the manner set out in Clause 5.4 below.
- The Purchaser may claim a refund of the Sale Price (as the Purchaser's sole and exclusive remedy) within 12 hours of expiry of the delivery time (including any extension thereof), as per the refund policy stated on the Website. If the Purchaser does not claim a refund within the time stated in the Refund Policy, the Purchaser shall not be entitled to a refund of the Sale Price.
- If the Purchaser fails to receive an item shipped on account of providing inadequate or inaccurate delivery address or due to the Purchaser's non-availability at the address provided or failure to make requisite payment at the time of delivery in the case of Payment on Delivery, the Sale will be cancelled and the Product will be returned to the Company. Further, the Company will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing the Sale and/or the Product and any other services provided to the Purchaser.
- If the Product received by the Purchaser does not conform to the Product description stated on the Website, the Purchaser may be entitled to claim a refund for the Sale Price, in accordance with Clause 5.1. In order to qualify for receiving refund, the Purchaser has to ship back the Product, after first informing us at [email protected], so that a pick up can be rescheduled, along with a copy of the original invoice issued by the Company, at the Purchaser's cost, within 24 hours of receipt of delivery of the Product. Further, the Purchaser should also contact the Company at [email protected] to furnish the Company with such details, required by the Company, in order to establish the Purchaser's reason for retuning the Product and claiming refund. Upon the Purchaser doing so the Company has the option to disagree to the same and put the refund claim on hold for checks and verifications. The Company may contact the Purchaser for the purposes of further verification. As a result of such verification, the refund claim may either be accepted or rejected by the Company in its sole discretion which shall not be disputed by the Purchaser. If the refund claim is accepted then the Company shall have the option of offering replacement of the Product at no additional cost to the Purchaser. If the Purchaser declines such offered replacement, the Sale Price amount shall be given to the Purchaser as a credit for future purchases, after such deductions as required under applicable law.
- All payments for refund of the Sale Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
- For Payment on Billing, refund, if any, shall be made at the same issuing bank from where Sale Price was received.
- For Payment on Delivery, refunds, if any, will be made via cheque or demand draft in favour of the Purchaser (to such address as provided by the Purchaser at the time of the Sale).
- The Purchaser shall bear any foreign exchange conversion risk, loss, charges or fees, if any.
- Refund shall be subject to the Purchaser complying with the provisions of the User Agreement and the rules and polices made hereunder and the Company shall have recourse to such refund in case of any misuse by the Purchaser.
- If the Purchaser receives any credit, on any Product, in a promotional scheme, or otherwise, this credit shall be only valid for such period (not exceeding 1 (one) year) as set out by the Company in relation to that promotional scheme or otherwise on the Website.
- The Company shall deliver the Products on such address as provided by the Purchaser at the time of Sale.
- The Company shall endeavour but not guarantee to deliver the Products to the Purchaser within the estimated time of delivery specified for each Product from the Sale depending upon the address of the Purchaser. The Company's delivery time is subject to delivery of Products from the third party vendor to the Company. Delivery by the Company may also be delayed by external factors such as transporter's strike. If the Company's delivery is delayed by such third party delays or external factor, the delivery to the Purchaser shall be delayed as well, in which case the Purchaser agrees to not raise any Dispute against the Company.
- The Company reserves the right to make delivery of the Products by installments. If the Products are to be delivered in installments, each delivery will constitute a separate contract. The Purchaser may not treat the entire contract for the Products as repudiated if the Company fails to deliver any one or more of the installments or if the Purchaser has a claim in respect of any one or more of the installments, where the remedy of the Purchaser shall be capped at the Sale Price of the individual Product being delivered by that installment.
- The listing of Products on the Website is for a limited time only. The Purchaser understands that a listing may end if another Purchaser buys the Product, or the Company chooses to end the same or if the listing expires after a stipulated period of time. Upon such expiry of the listing of the Product, the Company is under no obligation to provide the Product for Sale to the Purchaser.
- The Company does not make any representation or warranty as to the legal title, creditworthiness, identity and other such attributes of any of its Purchasers.
- All services provided on the Website by the Company, its suppliers, affiliates and service providers including the electronic payment facility has been provided on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. The Purchaser expressly agrees that the use of the Website and the electronic payment facilities through the Website is at the Purchaser's own risk.
- The Purchaser releases and indemnifies the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Purchaser of the Website and specifically waives any claims that the Purchaser may have in this behalf under any applicable law. The Company cannot control the information provided by other Purchasers, which is made available on the Website notwithstanding the Company's reasonable efforts in that behalf. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
- In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Payment Methods including the electronic payment facility, services provided by the logistics partner or any other services or this User Agreement.
- The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by the Purchaser to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the logistics partner or Payment Methods including the electronic payment facility will be error free and/or uninterrupted. The Company provides no guarantee to its Purchasers in respect of the Products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by the Purchaser on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or the electronic payment facility.
- Any delay, failure, interruption or errors in the operation of the Website or the logistics partner or the electronic payment facility.
- In the event of a violation of this User Agreement, without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Sale or payments made, limit the Purchaser's activity, forthwith temporarily/indefinitely suspend or terminate or block the Purchaser Account, and/or refuse to provide the Purchaser with access to the Website or initiate any legal action it may deem fit, particularly in the event:
- the Purchaser breaches any provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
- Purchaser misuses of the Payment Methods;
- the Company is unable to verify or authenticate any information provided by the Purchaser;
- the Company believes that the Purchaser's actions may cause legal liability to the Company, or other Purchasers.
- No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the Purchaser.
- Any Purchaser Account and/or a Purchaser that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever without the Company's prior consent. Notwithstanding the above, if the Purchaser breaches the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by the Purchaser to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against the Purchaser.
- In case of any grievance, objection or complaint (Dispute) on the Purchaser's part with respect to the Website, or any part thereof including the Products, the third party vendors, other Purchasers and the Company, including any complaints or enquiry about suspension, termination or blocking of the Purchaser Account or right to use the Website, the Purchaser should promptly raise such Dispute with the Company at [email protected] and provide the Company with all necessary information and/or documents to enable the Company to resolve the Dispute.
- The name and contact details of the grievance officer at the Company
is published on the Website as required under the provisions of the
Information Technology Act, 2000 and the rules made thereunder.
Name: Rajeev Gupta
Contact: [email protected]
- Upon receipt of such Dispute from the Purchaser, the Company shall correspond with the Purchaser, as appropriate and initiate such dispute resolution mechanism with the Purchaser, as considered appropriate by the Company.
- If required by the Company, the Dispute shall be exclusively referred to the courts in New Delhi.
- Nothing under this User Agreement shall be deemed to constitute a partnership or agency between the Purchaser and the Company and the Purchaser shall have no authority to bind the Company in any manner whatsoever.
- Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to [email protected] and any notices to the Purchaser by the Company shall be provided to the email address provided with the Purchaser Account. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give the Purchaser notice by registered mail, postage prepaid and return receipt requested, to the address provided to the Company through the Purchaser Account, in its sole discretion. In such case, notice shall be deemed to be have been given 5 days after the date of mailing.
- If any clause of this User Agreement or the application thereof to any Purchaser or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Purchasers or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
- This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between the Purchaser and the Company with respect to the subject matter herein.
- The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without the Purchaser's prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to the Purchaser.
- All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
- The trademarks, logos, service marks and copyrights of the Company (Intellectual Property) displayed on the Site are the property of the Company and, as applicable, third party vendors. The Purchasers are prohibited from using any Intellectual Property for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the prior written consent of the Company. All information and content including any software programs available on or through the Website is protected by copyright. The Purchaser is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such content available on or through the Website for commercial or public purposes.
- The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The Purchaser may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Purchaser acknowledges that the Purchaser does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
- The Purchaser shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Purchaser with indications, markings or anything else that may aid the Purchaser in determining whether the material in question is copyrighted or trademarked. The Purchaser shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, the Purchaser warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The Purchaser also permits any other end user to access, view, store or reproduce the material for that end user's personal use. The Purchaser hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Website by the Purchaser. The foregoing provisions of Clause 14 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- The Website or third parties may provide links to other external sites or resources. The Company has no control over such external sites and resources and the Purchaser acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The Purchaser further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- The User Agreement shall be in force for as long as the Purchaser maintains a Purchaser Account with the Website. The Purchaser may choose to terminate the User Agreement, by closing the Purchaser Account with the Website.
- This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the courts in West Bengal shall have exclusive jurisdiction.