Policy for Buyers
Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
- As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the Transaction Price which shall be paid to the seller through your Issuing Bank (except in case of cash payments). You agree and acknowledge that the Company is only a facilitator of collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
- You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.
- Payment Method: You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website. You will be intimated when (i) the Transaction Price is credited to the account of the Company (in case of Payment on Billing) or (ii) on committing to pay the Transaction Price on Delivery if you opt for Payment on Delivery payment method, which will be confirmed by the Website. The Website shall notify the Buyer upon Payment Confirmation as provided herein.
- Non-payment: Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method of opting for Payment on Delivery or such other payment method provided by the Company on the Website, in respect of the product as described in the listing.
- Contacting Users: Users shall not communicate with other Users outside the Website to warn them about a seller, products or listing. However, you are entitled to provide feedback and/or reviews/ ratings for sellers as per the feedback facilities provided on the Website.
- Contact Information: The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.
- Feedback: You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback. You must inform the Company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at customercare@myiesh.com.
- Limit on volume of Transactions: The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
- Verification of payment: To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.
- The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
- Payment Confirmation: In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within [3] days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
- Dispatch Details: The seller or the Company My India E-Shopping shall provide the Dispatch Details on the Website within [7] days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details on the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered on the Website within [5] days of Payment Confirmation.
- Delivery: The time within which the seller or the Company is required to ensure Delivery of the items to the buyer shall be calculated from the time the seller/Company enters the Dispatch Details on the Website i.e. within 7 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the buyer and seller and intimated on the Website.
- Delivery confirmation: You shall immediately notify the Website upon Delivery or non Delivery within the prescribed time period. If you fail to provide such notification/ confirmation of receipt or non-receipt of an item within [7] days of expiry of the Delivery time prescribed in the above clause, it shall be construed as a deemed Delivery in respect of that Transaction and the Transaction Price shall not be refunded. In case of Cash on Delivery Transactions or if the seller is availing My India E-Shopping Logistics services, the Company will update the shipment Delivery status on a periodic basis and the Buyer is not required to confirm receipt of items.
- Refund: You shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) within [7] days of expiry of the Delivery time (including any extension thereof) if you do not receive the Delivery within the time period agreed in the Transaction or within the time period prescribed herein, whichever is earlier. In the event you do not raise a refund claim using the Website within the prescribed time you shall be ineligible for a refund.
If you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the seller and the Company and the seller will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.
In cases where the buyer has received Delivery of the item within the stipulated time but the item is not as described in the listing, the buyer is entitled to claim a refund for the entire Transaction Price paid within [5] days from the expiry of the Delivery time. If such refund claim is raised by the buyer, the seller has the option to disagree to the same, in which case the Company may put the refund claim on hold for checks and verifications. The Company may contact the Users for the purposes of verification. As a result of such verification, the refund claim may either be accepted or rejected by the Company in its sole discretion which shall not be disputed by the Users. If the refund claim is accepted then the Transaction Price will be refunded to the buyer.
All payments for refund of the Transaction Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
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- Except for Payment on Delivery Transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Payment on Delivery Transactions, refunds, if any, will be made via demand draft in favour of the Buyer (as per the details provided by the Buyer at the time of registration with the Website).
- Refunds shall only be made in Indian Rupees and shall be equivalent to the Transaction Price received. Buyer shall bear any foreign exchange conversion risk, loss, charges or fees, if any.
- Refund shall be subject to the buyer complying with the provisions of the User Agreement and the rules and polices made hereunder and the Company shall have recourse to such refund in case of any misuse by buyer.
- Arrangement with the Issuing Bank: All Transactions conducted on the Website for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions will also be governed by the terms and conditions agreed to between the buyer and the respective Issuing Bank and payment instrument issuing company and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless the Company and its service providers against any direct or indirect liability that may arise on account of such violation. All online bank transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support to provide these services to the Users.
- Octroi and other local levies: Delivery of items to buyers located in places where octroi or other local taxes and levies are charged will be liable to pay the same to the courier company even though the listing mentioned no such octroi, taxes or levy.