Purchases
When user buy anything on the mydupatta.com it
is understood that user accepts term and conditions with website and 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 mydupatta.com website shall be accurate and current at all
times. 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
User can give their valuable feedback and
review about Website or your experience whilst using the Website at info@mydupatta.com You
shall not include any hearsay information, or information that results in
maligning any User, brand or product in your feedback.
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 [5] 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 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.
Delivery
The time within which the seller is
required to ensure Delivery of the items to the buyer shall be calculated from
the time the seller enters the Dispatch Details on the Website i.e. within 7
days from entering the Dispatch Details for delivery within 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, 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] working
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.
mydupatta.com 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 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.
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 [7] working 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.
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
For electronics payments, refund shall be
made through the My Dupatta pay Facility using NEFT / RTGS or any
other online banking / electronic funds transfer system approved by Reserve
Bank India.
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 online bank transfers from Valid Bank
Accounts are processed using the gateway provided by the respective Issuing
Bank which support the My Dupatta Pay Facility to provide these
services to the Users.
All Transactions conducted on the Website
for which Valid Cards and Valid Bank Accounts are used for remittance of
payment for Transactions on the mydupatta.com. Pay Facility 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.