Terms and Conditions
This document is an electronic record in terms of APPLICABLE LAWS AND RULES THEREOF (of the country) and there under as applicable pertaining to electronic records in the said laws and rules as enumerated in the NAME OF THE LAW/ACT/RULES OF THE COUNTRY.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by (COMPANY NAME), a company incorporated under the provisions of the Act / Law of the respective Country having it’s Registered or Corporate address at _____________ . (hereinafter referred to as “ COMPANY NAME “).
User / Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under (APPLICABLE LAWS AND RULES OF THE COUNTRY). Persons who are “incompetent to contract” within the meaning of the (APPLICABLE LAWS AND RULES OF THE COUNTRY) (or any other person deemed incompetent to contract by Us) are not eligible to use the Platform. If you are a minor i.e. under the age of XX (age of minor as per applicable law) , you may use the Platform or access content on the Platform only under the supervision and after taking prior consent/ permission of a parent or a legal guardian.
Furthermore, if a minor is to transact on the Platform then such transaction on the Platform may be made by the Parent or legal guardian only. (COMPANY NAME) entirely reserves the right to terminate your membership at any time and / or refuse to provide you with access to the Platform if it is brought to COMPANY’s notice and / or if it is ascertained that You are under the age of xx years(age of minor as per applicable law) and transacting on the Platform.
USER ACCOUNT AND REGISTRATION COMMITMENTS
Your email address and your mobile phone number is treated as Your primary identifier on the said Platform. Your account verification, also the confirmation of the purchase you have done in the platform is only possible with entering the confirmation code that will be sent by the company to the mobile phone number you have registered with. You agree to notify Us if, your mobile phone number or e-mail address changes by updating the requisite information on the Platform. You agree that Company shall not be held liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to inform the Company about Your updated email address and / or mobile phone number on the Website Platform. If You share or allow others to have access to Your account on the Platform, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences arising therefrom.
The functionality of buying / purchasing goods from the Platform as a guest may also be made available on the Platform (and the same option can be withdrawn by Us without giving any further Notice). Under such purchase / buying, only such data which is essential to process your order will be requested from you. Upon completion of the purchase process, you may be offered the opportunity of registering as a registered user or continuing as a non-registered user.
When You use our Platform by sending emails, messages, data, information or communiqué to us, You agree and understand that You are communicating with Us through electronic mode and records and You also consent to receive communications from Us / Platform via electronic records, as and when required. We may communicate with you by email and / or text messages on your mobile phone or by such other mode of communication, electronic or otherwise, as and when required.
Platform for Transaction and Communication
The Platform may also allow Users to share Reviews and interact with one another for their transactions, product reviews, etc., and Company is not and cannot be made liable and or a party to or control in any manner any transaction between the Platform’s Users, made out of their own free will and or representations being made between them. The Company duly reserves the rights to delete or remove any content from the Platform in contravention to the laws, public decency and morality.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers of the products (and or services if company intends to provide) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services (if any, provided by the manufacturer / seller of the respective product / service) related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by
- Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer within (time period as suits you). Furthermore, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product wherein the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
- Company does not make any representation or Warranty as to specifications (such as quality, value, suitability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any particular product or service on the Platform but solely providing a Platform for the buyers and sellers to interact and do business. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement arising between Buyers and Sellers.
- Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You, the user, choose to deal with on the Platform and use Your best judgment in that behalf.
- Company does not at any point of time during any transaction between the Buyer and the Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract being entered into between Buyers and Sellers. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Platform can only be utilized by Users to reach a larger base with varied options to buy and sell different products or services. Company is only providing a platform for contact and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract.
Company shall not be held responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are not in stock, unavailable or back ordered.
The Products and Services being offered by Sellers may be eligible for purchases on the Platform after ensuring that:
- Upon purchase of product(s) / services(s), on purchaser’s request, an invoice containing the (“Tax Invoice”) shall be issued by the Seller(s) selling such product(s) / service (s).
- The invoice will have, inter alia, following details printed across it: -Taxation number / Business Identification number (as per law of the country) associated with Seller’s registered business
- Business Entity name of Seller’s registered business, as provided by the seller
- The Purchases made through the Platform shall only be for end user consumption. The Purchasers or Users must not use the products purchased from the Platform for any commercial, resale, further distribution, marketing purposes.
- For seamlessly availing the input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of tax authority. Please note that availing the tax credit is subject to provisions of tax rules & regulations.
- The delivery and billing addresses will be required to be the same, please note that tax credit will be denied by tax authority if the delivery address and GSTIN in the GST invoice are of different states.
- If tax and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
- Company is not responsible to verify the correctness of the tax number details and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
- Company and Seller shall not entertain any request for any revision in the tax Invoice. Company and Seller shall not be liable for Your default including for reasons associated with details provided by You.
- Company will not be liable in case You are not able to avail tax credit or if tax credit is denied to You for any reason whatsoever.
- You shall be solely liable for all compliances required under applicable laws.
- You agree to indemnify and hold Company and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the taxation and/or entity name provided by you or the tax credit claimed by you or your use or misuse of the tax Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including taxation details.
- Company has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
- Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified. (ALL THESE TAX POINTS NEED TO BE ASSESSED BY COMPANY CHARTERED ACCOUNTANT / TAX OFFICER)
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s)/service(s) as reflected on the Platform may, due to some technical issue, typographical mistake or information of product(s)/service(s) being published by the seller may be incorrectly mentioned and in such an event the seller may cancel such order(s) without being held responsible for cancelling such order(s) and may or may not provide a reason for the same.
- You hereby agree to release and indemnify Company and/or any of its officers and representatives from any liability, damage, cost or other consequence arising out of any of the actions of the Users of the Platform and specifically waive any claim that you may have in this behalf under any applicable law being in force. Notwithstanding its reasonable and rational efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may come across other User’s information and find it to be offensive, deceptive, inconsistent, inaccurate and sham. It is hereby advised to exercise caution and practice safe trading when using the Platform. It is significant to note that there could be risks in dealing with underage / immature persons or people acting under fake pretence.
The Company is giving free Membership / Account on the Platform for buyers. The Company does not charge any payment for browsing and making the purchase on the Platform. However, the Company reserves the right to change its Payment / Fee Policy from time to time, without giving any prior notice. Furthermore, the Company may at its sole discretion, launch new services and revise some or all of the existing services offered on the Platform without giving any prior notice and in such an event, the Company reserves the right to commence charging the payment / fee for the new services offered or change / introduce new fees policy for existing services, as the case may be. Amendment to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in (pound/dollar/). You shall be solely responsible for compliance of all applicable laws and rules thereof as well as those in (Country of Business) for making payments to Company (full company name).
USE OF THE PLATFORM
You hereby agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to some other person / entity and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, and / or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of men, women, children and/or animals and also fall within the prohibitions as per local laws and rules being in force;
(c) is deceptive & false in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or promotes harassment of another user / person;
(f) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous and in furtherance to clause (b) as stated above;
(h) violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, image, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images which are not linked to platform or those from another accessible page;
(k) provides material that exploits people in a mental, sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) promotes or provides information about illegal activities such as making or buying illegal weapons, harmful chemicals, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) attempts to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles of members, blogs, communities, account information, bulletins or other areas of the Platform or solicits passwords or personal identifying information for sales / marketing / commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which the Company in its sole discretion, believes that it is or could be construed as being illegal;
(q) interferes with any User’s browsing, use and enjoyment of the Platform or / and enjoyment of similar services;
(s) harm minors in any way;
(t) 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, stolen or unlawful products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another user / person;
(x) 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/data;
(y) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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.
(ab) shall not create liability for Company or cause Company to lose (in whole or in part) the services of Company’s internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity and take appropriate action against it.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means. We reserve Our right to bar any such activity and take appropriate action against the same.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other Member / User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Company or the brand name or domain name used by Company including the terms Company Name, Tagline if any or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company or sellers on platform or otherwise tarnish or dilute any Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by company. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems or networks, or any systems or networks connected to Company.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Company on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Laws, Rules as in force for the time being in the country and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized usage, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
- Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in Distributed Denial of Services.
- If you choose to browse or transact on the Platform using the voice command-based shopping
- You acknowledge and agree that the English & Iranian language translation features are made available on the Platform on a reasonable effort basis for convenience only, without any representation or warranties by Company, express or implied, including the translations being error free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to adding delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be translated in English language for processing, handling and fulfilling Your orders on the Platform. Company expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You namely Iranian and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Company reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.
CONTENTS POSTED ON PLATFORM
You may use information on the products and services “purposely” made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational / educational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
The protection of Your privacy is indeed very important principle to us, the Company. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the laws and rules being in force (Information Technology Law of the country) .If You object to Your Information being transferred or used in this way please do not use the Platform.
We may share your personal information with our other corporate entities and affiliates, with your explicit consent. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out and stop solicitation contact.
We may disclose your personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Company does not warrant that this site / platform; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to represent, advice of any kind. All the Products sold on Platform are governed by different laws and if Seller is unable to deliver such Products due to implications of different state / territorial laws, Seller will return or will give credit for the amount, if any, post any applicable deduction, received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number and / or a valid email id while placing an order on the Platform. By registering Your phone number and / or a valid email id with us, You consent to be contacted by Us via phone calls, SMS notifications, email, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be deceptive or misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Company reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, Online payment applications, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in currency (pound/dollar) acceptable in the country. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Government issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Company’s Platform.
- You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Company Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent variation of the Transaction should be in compliance with Payment Facility Rules and Policies as being in force in accordance with local laws and rules.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate Company Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
- For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers only and not any other means.
- For Cash On Delivery transactions, refunds, if not via electronic payment transfers then the order amount can be used to make a fresh purchase on the platform for the amount equivalent to be refunded only.
- Refund shall be made in (currency-dollar/pound) only and shall be equivalent to the Transaction Price received in (currency-dollar/pound).
- For electronics payments, refund shall be made through online payment getaway or any other online banking / electronic funds transfer system approved by the laws being in force.
- Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
- Refund shall be conditional and shall be with recourse available to Company in case of any misuse by Buyer.
- We may also request you for additional documents for verification.
- Refund shall be subject to Buyer complying with Policies.
- Company reserves the right to impose limits on the number of Transactions or Transaction Price which Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by laws to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- Company reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Company may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Company. As a result of such check if Company is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Company shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for making the payment, may be disabled for certain account users, at the sole discretion of Company.
- Company may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Company deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Company may hold Transaction Price and Company may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Company.
Compliance with Laws:
- As required by applicable law, if the Customer makes a purchase of an amount equal to or above $ ________ , the Customer will be required to provide additional information i.e. Income Tax number or anything equivalent ,as per local laws, on the Platform within 24 hours of making the purchase, failing which, the purchase made by the Customer will be put on hold or may be cancelled. The requirement to submit the Income Tax number or anything equivalent arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the details shared thereon.
- Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange laws of the country) and the rules made and notifications issued there under and as may be issued by (financial regulatory authority of the country) from time to time, Customs, foreign exchange , Information and Technology , Money Laundering , Income Tax Export Import rules regulations and laws of government of (country) applicable to them respectively for using Payment Facility and Company Platform.
Buyer’s arrangement with Issuing Bank:
- All Valid Credit / Debit/ Cash Card/ Prepaid Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Company’s Replacement Guarantee
Company’s Replacement Guarantee seeks to only assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (Company’s Replacement Guarantee) depends on the product category and the seller. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions
- Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
- Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Incidental damage due to malfunctioning of product;
- Any consumable item which has been used/installed;
- Products with tampered or missing serial / product numbers or code;
- Digital products/services (online music/movie downloads)
- Any damage/defect which are not covered under the manufacturer’s warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
- Jewellery which is ‘made to order’ on customer’s request
On Clothing and Footwear, qualified sellers accept ____ day exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
Returns are not applicable for ‘Made to order’ jewellery, Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or ‘Not as described’ products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the ___ Day Replacement Guarantee.
If Company has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Company may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Company will not be allowed to return their products.
Company reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Company may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user/member and/or disqualify that user/member and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted as per the law.
By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned as per my disclosure / information submitted by me.
I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear undisputed ownership of the said device.
You agree to indemnity and keep indemnifying Company and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Company, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.
I confirm that all the data in the mobile phone device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Company, Seller or the Manufacturer shall not be responsible for the same and I will not approach Company for any retrieval of the data.
I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the Company and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Company, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.
I understand once a device is sent by me to Company, in no scenario can this device be returned back to me.
I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.
- Service Interruptions: You hereby consent to sharing your information with third parties unless you specifically opt out. In addition, your access to the Services and the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.
- If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to customer care of Company.
- Disclaimer of representations and warranties: Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” or “AS AVAILABLE” basis. Company makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, security and non-compatibility or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein or therein.
- Limitation of liability: By using the Services, you agree that the liability of Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.
- Force Majeure: You agree that Company shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Company (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).
- Governing laws: These Terms shall be governed, interpreted, and construed in accordance with the (country) , without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in country (arbitration).
- Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
- Amendments: We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.
- Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.
Jurisdictional Issues/Sale in country / countries Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in (country). Company make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than (country). Those who choose to access this site from other locations/Countries other than country do so on their own initiative and Company is not responsible for supply of products/refund for the products ordered from other locations/Countries other than country, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Company and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Company respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Company at company email address.
Company does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the link company email address.
Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
Company will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
Company shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Company is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Company shall have the right to delete the customer review. Company shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If Company has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Company may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
Company reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Company may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Company Platform. Following situations may arise:
- Item was defective
- Item was damaged during the Shipping
- Product(s) was / were missing
- Wrong item was sent by the Seller.
Return could also result in refund of money in most of the cases.
Points to be noted:
- Seller can always accept the return irrespective of the policy.
- If Seller disagrees a return request, Buyer can file a dispute against the Seller and not against the Platform whilst indemnifying the Platform
- We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our Customer care / Return Portal, Seller while closing the return ticket can select one of the following:
- Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
- Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
- Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back)
- Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back)
- On certain select days as specified by Company such as the special discount offer days, separate policies may be applicable.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn’t close the request in 2-4 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
|Electronics||Should be included|
|Clothing and Footwear||Should be “New & Unworn” (other than for trial)|
|Beauty, Health & Personal Care||Should be “New & Unopened”|
|Sports & Equipment||Should be “New” and returned with original packaging|
|Office Products||Should be “New” and returned with original packaging|
|Jewellery||Should be “New” and returned with original packaging|
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
- Seller can always accept the return irrespective of the policy.
- If Seller disagrees for a return request, Buyer can file a dispute against the Seller and not against the Platform whilst indemnifying the Platform.
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on Customer care / Return Portal provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:
- Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
- Shipping was damaged
- Item was defective
- Item Dead on Arrival
- Item(s) were missing
- Wrong item sent
- An intimation shall be provided to Seller seeking either “approval” or “rejection” of the replacement request.
- In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
- Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by contacting us through this link: email address
In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn’t respond to the Buyer’s replacement request, within three (3-4) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Site Operations and Conditions
- a) The Member accepts and declares in advance that he will comply with the laws and regulations in force in all transactions he will make on the Site, and that all the responsibilities, as the seller or buyer, especially the distance sales transactions of the Law on Consumer Protection and the advertising law, belong to him.
He cannot claim that he does not know or is not in a position to know the responsibilities imposed on the parties by the applicable laws.
The company may refrain from publishing sales advertisements and advertisements that it determines to be against the law or cause confusion in this regard. In this case, the Member accepts the Company’s determination in advance. The right to return to the Member is reserved, in case of any legal or penal liability due to any announcement, information or data entered by the customer on the website although it is not published or published on the company’s website.
- b) The Site consists of a virtual meeting environment where the Members offer their goods/products/services to individuals and/or directly buy or bid the goods/products/services offered for sale. The Company, as a web page operator, provides its Members with the opportunity to benefit from this virtual meeting environment. The Company is not a party to the distance selling agreement established between the Seller and Buyer Members. The legal responsibilities imposed on the parties by this agreement shall not bind the Company in any way. Members cannot claim responsibility of the Company. In this respect, the Company cannot make any commitments regarding the content, form and accuracy of the information, images and explanations in the advertisements.
Since the Company is in no way a party to the trade between the Members, all claims arising from the purchase-sale relationship must be asserted against the Seller Member or Buyer Member, the other party of the relationship.
- c) The Member agrees and undertakes to benefit from the Site Services in the capacity of Buyer and/or Seller within the rules and announcements determined by the Company and announced on the Site. The Company reserves the right to make changes in the procedures related to the transactions to be made on the Site by announcing it on the Site without any special notice.
- d) The member may not offer for sale products that are contrary to the laws and regulations in force, nor may he engage in mass promotion, mailing or similar activities for purposes contrary to any law, morality and/or public order. Likewise, as a Buyer or Seller, they cannot send messages that are not serious, contain insults, obscenities, and contradict the morality of the society. If such initiatives are determined by the Company, it has the right to stop the transaction in question. The Member undertakes in advance that he will not raise any objections regarding the comment and determination of the company on this matter.
Responsibility for any negative situation arising from such messages between User Members rests solely with the Member, and the Company reserves the right to demand compensation for any direct/indirect, material/moral damages that may be incurred as a result of such actions for any reason.
- e) Depending on the sales option/options preferred by the good/product/service to be put up for sale, the seller shall determine the starting price, the increase amount, the sales announcement period, the number to be sold, and in which section of the product/product/service specified in the sales announcement, in the Buy Now and/or Auction Sales option will be listed and listing options and all other relevant information on the Sales Ad Entry Form. The seller is bound by the sales prices of the goods/products/services that he/she has declared in the sales announcement and the sale. He cannot avoid selling the product/good/service within the sales options he has chosen and delivering it to the Buyer.
In addition, the Seller cannot demand any action other than the sales options announced on the Site or any price/fee other than the announced price for the product/goods/service offered for sale. The Seller, who violates this regulation, may be removed from membership by the Company, may be rated poorly according to the evaluation system, or may impose another sanction to be determined apart from these.
If the Buyer wishes to purchase products/goods/services from the Site, he/she is bound by the latest price to be offered as the Buyer and cannot avoid accepting and paying the price of the product/good whose purchase-sale transaction has been completed, except in cases where it is expressly permitted by law. In addition, the Buyer cannot demand a discount from the price he/she declares to purchase, and cannot act against the payment terms of the product/good/service announced on the Site. Otherwise, the Company may be prevented from offering products/goods/services through the Site, its membership may be subject to bad evaluation and/or terminated by the Site.
The buyer, together with the price of the product/goods/service and all relevant taxes (VAT, BSMV /Bank Insurance Transaction Tax, Stamp, Duty, etc.) The bank, which is kept by the Company as the place of deposit, pays by transfer to the bank branch and account or by providing credit card information. Payment information is notified to the Seller by e-mail by the Company.
The Seller, who offers his product/goods/services for sale on the Site, can deliver the product/goods/service in question via a courier company determined by the Buyer or Seller’s choice, within the period specified in the sales announcement, after the sale takes place and the Buyer is notified that the product/goods price has been paid and enters the shipment date and cargo transport receipt number in the relevant section on the ‘Site’.
The site informs the Buyer via e-mail about the cargo information of the product/good/service and the warning regarding the tracking of the delivery. The Company assumes no responsibility for the delivery of the goods. The follow-up of the delivery will be made by the Buyer himself, and the Buyer confirms that he has received and approved the cargo upon delivery, in the relevant section of the ‘Site’, or after the cargo notification is made to him. If no entry is made in the relevant section during the day, in which case the delivery is deemed to have been made, the price of the product/goods/service kept in the bank is transferred to the Seller by the Company.
In the regulation on the distance sales contract, the right of withdrawal is for buyer against the seller to be activated in 7 days. Although it is stated that it can be used within the same day, the Company will only be the addressee of the withdrawal request within the 7 day period of the product price. Requests after this period should be directed to the Seller Member. The sole obligation of the Company is to provide the Buyer with the information required for communication with the Seller and specified at the membership stage. The parties accept and declare in advance that they have no objections to this matter.
Pursuant to the provisions of the Law on the Protection of the Consumer, in cases where the right of withdrawal is exercised by the Buyer, the delivery procedure is reversed and the money held in escrow is returned to the Buyer after the seller’s confirmation of receipt and that the product/goods/service has been sent to the Seller. The company retains the cost of goods/products/services until the moment of delivery or return, only as the place of delivery, and objections to defects or similar reasons other than whether or not the delivery is made, will not change the above operation. All claims such as refund, repair, deduction, compensation and the like must be directed directly to the Seller.
Members are responsible for all liabilities within the framework of the current legislation, including if the product/goods/service sold is defective, faulty, and incomplete or below the promised quality in the sales announcement, the signing of the Sales Contract, the delivery of the goods and all financial obligations arising from the Sales Contract. . In this regard, the Company is not an interlocutor and all claims must be made directly against each other.
The Buyer, who is obliged to control the product / product / service he has purchased, shall direct all his legal rights arising from the Law on the Protection of the Consumer to the Seller from whom he bought the goods / product, in case the goods / product / service received is defective. In the meantime, the parties are fully liable to each other.
In the event that the payment made by the Buyer after the delivery of the goods/products/services is not paid by the relevant bank or financial institution to the Company for any reason, or is canceled or withdrawn from the Company’s accounts, the said goods/product/service price shall be deducted from the receivables of the Seller. . The Seller is responsible for taking legal action against the Buyer who does not pay the price of the goods/products/services and for the collection of the price.
- f) Seller offering my goods/products/services for sale, in return for the services specified in this Agreement provided by the Company for the sale of his/her product/good on the Site, in the relevant sections of the Site to be calculated over the sales price of the product/good/service sold accepts and undertakes to pay the specified service fee or commission, including VAT. This service fee is collected by direct deduction at the stage of transferring the product/goods sales price to the Seller.
- g) All Members can cancel the transaction, cancel the sale, cancel the membership or suspend the information defined in the system (name, surname, tel, TR ID number, address, e-mail, bank account) without giving any information to the Member.
The information of the Buyer and Seller Members is meticulously protected by the Site Administrators, and the contact information of the parties will not be shared, unless the payment is made under the control of the Pocket-Guard, by agreement between the parties. This provision shall not apply if there is any doubt or a situation that may be to the detriment of one of the members while the payment is held with the Company.
The Company may prohibit the membership of the Member temporarily or permanently, subject it to other restrictions to be determined, and terminate this Agreement unilaterally, at any time, without giving reasons and without notice. In case the Member has a current receivable with the Company in case of termination or suspension of membership, the Company may retain it for 60 days to set off any possible loss.
In case of breach of the Agreement, the Company reserves the right to demand compensation for material and moral damages. This contract is deemed to be suspended for the duration of the suspension, in case the publication of the Site is stopped for any reason. In this process, ‘Members’ cannot claim any compensation for suspended sales transactions.
If the activity on the Site is terminated by the Company, the contract automatically terminates. However, the Company is authorized to change its business, commercial partnership and Site domain name, and to carry out the same activity over another domain name, and these changes will not have any effect on this Agreement.
The Member is obliged to comply with all applicable legislation together with the provisions of this Agreement, while offering my goods/products/services for sale, when making an offer, while purchasing the goods/products/services, during delivery and after the sale, to submit the invoice, delivery note, invoice with the product/goods to the Buyer accepts that he/she will be responsible for all legal and penal sanctions, material and moral damages that he/she may encounter, and that he/she will not hold the Company responsible in any way, and that the Company may return to it if it is exposed to the demands of third parties, declares and undertakes.
Corporate Members are obliged to ensure that a written contract is made between the parties in accordance with the provisions of the Consumer Protection Law-Distance Sales Regulation for the goods/products/services they sell and to deliver a copy of the contract to the Buyer Member before they are delivered to the Buyer Member.
- a) It is forbidden for users under the age of 18 to become a member of the Site due to transaction security.
- b) The Company will do its best to ensure that the Site provides services with maximum continuity and functionality by using all possible reasonable/reasonable resources, and it will be responsible for infrastructural delays caused by the internet environment, natural disasters (earthquake, flood, storm, lightning, fire, etc.). ) is not responsible for infrastructural delays and information losses that may arise as a result of erroneous transactions caused by the Members.
- c) Company; In the Virtual Market system, you can visit the workplace, get to know the Members or merchants that carry out the activity, check the suitability of the Service provided to the Buyer Members, protect the benefits of the Buyer Members, and have an impression of the stability and activity of the Members. / or the Seller may request information and documents regarding the Member. The member has already accepted and declared this situation.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on Company. However there may be some cases where both the Buyers and Sellers may face issues. At Company, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.
How does a ‘dispute’ occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can contact us through this link email, while the Seller can write to email, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes:
- Wrong item received
- Item Not as described
- Damaged or Seal broken on Product
- Part/Accessory missing
- Item not Compatible
- Seller Description/Specification Wrong
- Defective (Functional issues)
- Product not working and Manufacturer claims invalid Invoice
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, Company will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
The buyer can contact us through this link email, if the issue with the Seller is not resolved. Company’s Customer Support (CS) team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.
C S team will not facilitate a conference call, CS team acts as the bridge between customer and seller.
When a dispute has been raised, Company may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Company for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Company are eligible for the Buyer Protection Program.
Buyers can file a dispute within 15 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Company by contacting us through the link: email.
Fraudulent charges and claims are not covered under Buyer Protection Program
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Company. If the claim was withdrawn, it is not counted.
Through the Buyer Protection program, Company does not provide any guarantee/warranty to Buyers for products sold on Company against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Company shall verify the disputes so raised and may process only such claims that are valid and genuine.
Company shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
Company reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Company may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by Company under the Buyer Protection Program shall be final and binding on its Users.
Company reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, Company shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
Company Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.The company has the permission to send the documents belonging to the parties, as and when required, to any competent judicial authority for the purpose of adjudication or as evidence whenever required as per law.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Arbitrator appointed by the Company. In case the buyer has the title of “consumer” defined in Turkish regulations, the Turkish legislations and Consumer Court and implementation center of Istanbul will be the competent court to adjudicate the disputes.
The company has no legal responsibility or liability in any dispute arising out of this contract and / or the activities done on the platform, between the buyer and the seller.
DISPUTES VIA CHARGEBACK
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies
- Unauthorized CB – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state “Powered by Company” and failing to do so Seller will be liable for chargebacks (as applicable).
Item not as described – meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
EMAIL ABUSE & THREAT POLICY
Private communication, including email correspondence, is not regulated by Company. Company encourages its Users to be professional, courteous and respectful when communicating by email.
However, Company will investigate and can take action on certain types of unwanted emails that violate Company policies.
Threats of Bodily Harm – Company does not permit Users to send explicit threats of bodily harm.
Misuse of Company System – Company allows Users to facilitate transactions through the Company system, but will investigate any misuse of this service.
Spoof (Fake) email – Company will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
Spam (Unsolicited Commercial email) – Company’s spam policy applies only to unsolicited commercial messages sent by Company Users. Company Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Company – Company prohibits email offers to buy or sell listed products outside of the Company Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Company policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Company does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Company assumes no responsibility for examining or evaluating the products and services offered by them. Company do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Company does not endorse, in any way, any third party Platform(s) or content thereof.
INFRINGEMENT VERIFICATION BY COMPANY (IVC ) – REPORTING VIOLATIONS
Company has put in place Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Company’s interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
- If you are a Verified Rights Owner and want to report a listing issue, see Company’s IVC. Note: Only the intellectual property rights owner can report potentially infringing products or listings through IVC. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
- If your listing was removed through IVC, and you believe that your listing was removed in error, please contact us.
Company does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Company is committed to removing infringing or unlicensed products once an authorized representative of the rights’ owner properly reports them to Company.
FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. IVC participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Company is encouraged to contact us.
Program membership entitles you (Verified Rights Owner) to the following benefits:
- Rapid response by Company in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
- Dedicated priority email queues for reporting alleged infringements
- The ability to obtain identifying information about Company’s users’
How to Become a IVC Member
To join the IVC , we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Company to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at email.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Company will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason.
- Trademark owner doesn’t make this type of product or has discontinued the production of the product
- Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
- Listing(s) has unlawful comparison to trademark owner’s brand or product
- Listing(s) contains unlawful use of trademark owner’s logo
- Software is being offered without any license or in violation of a license
- Item(s) is a bootleg recording;
- Item(s) is an unlawful copy (software, games, movies, etc.);
- Item(s) is unlawful duplication of printed material
- Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
- Listing(s) comprises unauthorized copy of copyrighted text
- Listing(s) comprises unauthorized copy of copyrighted image
- Listing(s) comprises unauthorized copy of copyrighted image and text
- Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
- Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to infringement@Company.com;
Contacting the Seller
At Company we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at”
CUSTOMER CARE PHONE NUMBER
CSUTOMER CARE EMAIL
GREIVANCE OFFICER ADDRESS