Terms & Conditions

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Please read these terms and conditions ("Terms") carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and the Company (collectively "Agreement"). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

1.1 What is Supperbazar and who operates it?

1.      Supperbazar is an application which provides an online sales by Infallible India.

2.      The Application and the website at www.supperbazar.com ("Website") (collectively, "Platform") are operated by Infallible India ("Company").

3.      The Company’s role is limited to managing the Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions and supply item to directly to the end user.

4.      Services are not made available on the Website and to avail the same, Users are required to install the Application.

1.      The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons are referred to as users, which include without limitation users who are browsers, Suppliers, Resellers, merchants, other purchaser or contributors of content (collectively, "User").

2.      The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

1.      Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

2.      It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.

1.4 What if the terms of the Agreement are not acceptable to User?

1.      If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By the use of the Services, it is signified that the User agrees to abide by the terms of the Agreement (as updated from time to time).

2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

2.1 Does a User necessarily need to create an account on the Platform?

1.      Company does not permit Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying of products, is subject to this Agreement and strictly not transferable.

2.2 For the use of Platform, is a User subject to any eligibility criteria?

1.      The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.

2.      The Company reserves the right to terminate the User’s account and/or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.

2.3 Are there any specific requirements for registering an account on Platform?

1.      The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may 'opt out' of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.

2.      It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS, but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.

3.      It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

2.4 Can User account registered on Platform be suspended or terminated?

1.      The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:

A.      any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or in Company’s assessment, the User has:

charged an unreasonably high price;  unreasonable instances of returns and/or cancellations initiated; engaged in actions that are unlawful, fraudulent, negligent or derogatory to the Company’s interests.  failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.

1.      User is found to be non-compliant with the Agreement.

2.      Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.

3.      Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion

(a) withhold all amounts payable to such User; and

(b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

3. PLACING ORDERS AND FINANCIAL TERMS

3.1 How does order placement work on the Platform?

1.      The Application allows Users to place orders for the products listed by COMPANY  on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.

2.      On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by Supplier concerned, from time to time. Confirmation of the order by Supplier shall be treated as final.

3.      The Company does  own, sell or resell any products on its own and/or does not control the manufacturer and only facilitates the supply, transaction between buyers and as a retailer, warrant /guarantee/further services  will be provided by manufacturer . Company makes all reasonable efforts to promptly update the User’s account and other information to facilitate the transaction completion. Hence, Users are required to provide current, complete, and accurate purchase and account information for all purchases made at on the Application.

4.      Additionally, fulfilment of orders to their end users. Any add-on service provided by Platform towards such order shall be provided merely as a service provider of such Reseller by the Platform and accordingly, Platform shall not have any privity of contract with such end user/consumer.

3.2 How are the commercial terms fixed on Application?

1.      All commercial/contractual terms of sale are offered by Manufacturer/ trader and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. 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 Suppliers and the Users.

2.      Policies related to returns/exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.

4.      The Company also reserves the right to withhold benefits such as COD payments, right to claim refunds from time to time at its sole discretion owing to internal reasons or external factors.

3.3 How does payment and settlement of payment work on the Platform?

1.      The Users acknowledge and agree that the Company may, at the request of the Supplier or the Reseller, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers and Resellers. The Users understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

2.      In connection with any order, information such as name,  transaction details, device type, Platform usage details, PAN number, payment details, billing address and credit card information and any other information in relation thereto may need to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application. In case of Reseller providing billing information, delivery address or other contact information of its end user/consumer to Company or other delivery service provider, Reseller shall ensure that it has necessary consents and approvals from the respective end user/consumer as may be required under applicable law.

3.      Company merely collects the payment as retailer, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Supplier /manufacturer/service provider. Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Reseller.

4.      The transaction is bilateral between Suppliers & Users and/or Reseller & end users/consumers ("User Transactions"), the Company is not liable to charge or deposit any taxes applicable on such transaction.

5.      The User may provide the bank account details to receive any refunds, margins, referrals and/or other payments which may be owed to the User by supperbazar. While a User is permitted to update the bank account details, the following conditions will apply: (a) the user cannot edit or update the bank account details if the bank details already provided are valid and there is no pending payment to the User from supperbazar;

(b) the user cannot edit or update the bank account details if there is a pending transaction which is being processed to the existing bank account;

(c) the user cannot edit or update the bank account details if the new account number which is being inserted is already in use in another User’s account. The User can only attempt to edit or update the bank account details three times in a day. If the User fails to update the bank account within three attempts, the User will have to wait for 24 hours to attempt to update the bank account details again.

6.      In the event that: (a) a User has breached the total limit to edit or update the bank account details and (b) the same bank account is used for more than ten platform accounts, the User will have to contact the customer support in order to update the bank account details again. Supperbazar  reserves the right to change this policy on editing and updating the bank account at its sole discretion.

7.      Supperbazar reserves the right to block cash on delivery (COD_ payments from time to time at its sole discretion for reasons including but not limited to high product value and other such other reasons or factors ( internal or external) that Supperbazar may deem fit.

3.4 Whether Company charges User(s) for Services provided by Company on the Platform?

1.      Services on Platform may require payment of charges, rate of which shall be solely at the discretion of the Company and shall be subject to User approval at the time of placing an order on the Platform. Company reserves the right to revise charges towards Service at any time at its sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of purchase/booking of the respective Service (if any) by User on the Platform.

2.      Company reserves the right to introduce additional chargeable services on the Platform including charges for a premium return service, cancellation charges, cash on delivery handling fees etc.

3.5 Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations ("GST Laws")?

1.      Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User including Reseller, the Company is not liable for any omissions or commissions by such User who acts in violation of the any applicable law.