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MARKET PLACE -TERMS AND CONDITIONS
Please read the following terms and conditions (“T&Cs”/”Agreement”) carefully before registering on, accessing, browsing, downloading or using the vimanmart E- commerce website located at vimanmart.com or the vimanmart vimanmart mobile application, vimanmart Website, vimanmart Mobile App or any similar platform (hereinafter collectively referred to as, the “vimanmart Platform”) run by 4Qube IT and Software Solutions Private Limited, having its registered office at Pamulapati Sivaiah Complex, 5th floor , Koritepadu Road. Naidupet , Guntur-522007 (hereinafter collectively, on any device and/or before availing any physical goods marketplace related services offered by vimanmart E- commerce on the vimanmart Platform (hereinafter individually, “vimanmart Marketplace Service” and collectively, the “vimanmart Marketplace Services”).
A. Eligibility
The vimanmart Marketplace Services are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed by vimanmart E-commerce from availing the vimanmart Marketplace Services or accessing the vimanmart Platform. By accepting the T&Cs or by otherwise using the vimanmart Marketplace Services on the vimanmart Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by vimanmart E-commerce, or disqualified for any other reason, from availing the vimanmart Marketplace Services or using the vimanmart Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, vimanmart E-commerce reserves the right to suspend or permanently prevent you from availing vimanmart Marketplace Services or using the vimanmart Platform.
B. vimanmart Marketplace Terms and Conditions
The T&Cs in relation to the online marketplace service on the vimanmart Platform set out below are applicable to and binding on you in conjunction with the general T&Cs and the SSOID terms and conditions already accepted by you. Each T&C or the SSOID term or condition is applicable to and binding on you, or any of your activities on the vimanmart Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to vimanmart Marketplace Services or vimanmart Platform.
vimanmart E-commerce is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. vimanmart E-commerce offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the vimanmart Platform. The actual contract for sale is directly between the Merchant and you. vimanmart E-commerce provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. vimanmart E-commerce may help facilitate the resolution of disputes through various modes. vimanmart E-commerce has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. vimanmart E-commerce does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does vimanmart E-commerce, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
vimanmart E-commerce, through the vimanmart Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. vimanmart E- commerce is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services. vimanmart E-commerce may offer delivery services through its logistics/courier partners for some of the products on the vimanmart Platform as per vimanmart E- commerce’s T&Cs, which may be changed by vimanmart E-commerce without any notice to you.
vimanmart E-commerce is not a warrantor of the products/ services being offered on the vimanmart Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that vimanmart E-commerce gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
The price of products offered on the vimanmart Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. vimanmart Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner. vimanmart E-commerce is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the vimanmart Platform. vimanmart E-commerce is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. vimanmart E-commerce will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product. The vimanmart Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from vimanmart E-commerce. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. vimanmart E-commerce does not provide any guarantee with respect to any of the Third Party Content and vimanmart E-commerce shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content. Cancellation
a. Cancellation by vimanmart E-commerce:
There may be certain orders that vimanmart E-commerce’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by vimanmart E-commerce’s credit and fraud avoidance department or due to any major technical snag. vimanmart E- commerce may also require additional verifications or information before accepting any order. vimanmart E-commerce will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or vimanmart E-commerce.
b. Cancellation by the customer:
In case of requests for order cancellations, vimanmart E-commerce reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if vimanmart E-commerce receives a cancellation notice and the order has not been processed/ approved by vimanmart E- commerce, vimanmart E-commerce shall cancel the order and refund the entire amount to you instantly. vimanmart E-commerce will not be able to cancel orders that have already been partially or fully processed. vimanmart E-commerce has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by vimanmart E- commerce and accept vimanmart E-commerce’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
vimanmart E-commerce reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by vimanmart E-commerce as per certain criteria. Any vimanmart E-commerce promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:
Promo codes shall be subject to specific terms and conditions, from time to time, and vimanmart E-commerce may disallow usage which breaches such terms and conditions. Delivery of the Product: Your shipping address and pin code will be verified with the database of vimanmart E-commerce for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by vimanmart E-commerce, in such cases vimanmart E-commerce will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, vimanmart E-commerce would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and vimanmart E-Commerce shall be not be held responsible in case the address shared was incorrect.
Market Place Return Policy
a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team. b. Upon receiving your complaint, vimanmart E-commerce shall verify the authenticity and the nature of the complaint. If vimanmart E-commerce is convinced that the complaint is genuine, vimanmart E-commerce will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, vimanmart E- commerce reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by vimanmart E- commerce in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and vimanmart E-commerce shall not in any manner be held liable for the same. c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, vimanmart E-commerce requests you to refuse to accept delivery and inform vimanmart E-commerce at the earliest. The return process of the product may be restricted by vimanmart E-commerce depending on the nature and category of the product. d. In order to return any products sold through the vimanmart Platform, you are required to comply with the following conditions: i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase; ii. Please notify vimanmart E-commerce of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, vimanmart E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order; iii. vimanmart E-commerce will arrange pick-up of the damaged/defective product through its own logistics partner. In the event vimanmart E-commerce is unable to do so, vimanmart E- commerce will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with vimanmart E-commerce; iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.; v. vimanmart E-commerce offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize vimanmart E- commerce to place the return shipping costs on your invoice; vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit; vii. The returned products are subject to verification and checks by vimanmart E-commerce in order to determine the legitimacy of the complaint/ return; viii. In the event the return of a product is duly accepted by vimanmart E-commerce, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and vimanmart E-commerce will credit your refunds directly into vimanmart Wallet account/source of payment. Refunds will be subject to the following: a. Orders paid online will be refunded instantly through the vimanmart Wallet/source of payment; b. For Cash on Delivery payments also the amount will be refunded into your vimanmart Wallet/source of payment; c. You can trigger a request in your vimanmart Wallet to transfer the money from your vimanmart Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to vimanmart E-commerce. ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or vimanmart E-commerce.
By accepting the Marketplace Terms here and the T&Cs in general, you accept that vimanmart E-commerce may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the vimanmart Marketplace Service/vimanmart Platform or to any such number/e-mail address replaced and informed by you subsequently. Content: Content on the vimanmart Platform is displayed on “AS IS” basis, in the form received from the Merchants. While vimanmart E-commerce tries to offer reliable data, vimanmart E-commerce cannot promise that the catalogues will always be accurate and up-to- date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
Limitation of liability and waiver:
In no event, vimanmart E-commerce or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the SSOID Agreement; (iii) the vimanmart Marketplace Services, the vimanmart Platform or any reference site/app/platform/service; or (iv) your use or inability to use the vimanmart Marketplace Services, the vimanmart Platform (including any and all materials) or any reference sites/app/platform/service, even if vimanmart E-commerce or a vimanmart E-commerce authorized representative has been advised of the possibility of such damages. In no event, vimanmart E-commerce or any of its affiliates will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the vimanmart Marketplace Services, the vimanmart Platform or any reference site/app/platform/service; or (iv) your use or inability to use the vimanmart Marketplace Services, the vimanmart Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with vimanmart E-commerce, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the vimanmart Marketplace Service or the vimanmart Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that vimanmart E-commerce has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and vimanmart E-commerce, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and vimanmart E-commerce. vimanmart E-commerce would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, vimanmart E-commerce’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Marketplace Terms.
Dispute Resolution:
If any dispute, controversy or claim arises under this Agreement or in relation to any vimanmart Marketplace Service or the vimanmart Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, vimanmart E- commerce may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by vimanmart E-commerce in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or vimanmart E-commerce may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or vimanmart E- commerce (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor vimanmart E-commerce may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and vimanmart E-commerce. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction:
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against vimanmart E-commerce must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Your website may use the Terms and Conditions given below.
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to Vimanmart ( brand of 4Qube IT and Software Solutions Pvt Ltd) and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.vimanmart.com/ mobile App or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organisations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisation or entities were advised of the possibility of such damages.
