TERMS & CONDITIONS
TERMS OF SALE
These standard terms of sale (“Terms of Sale”) is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of sale do not require any physical, electronic or digital signature.
PURPOSE OF THE POLICY
These terms of sale are a legally binding document between buyer and seller where the seller has made the offer to sell the products by listing the same on the website and buyer has accepted such offer of the seller by agreeing to buy the product so offered on the website. These terms of sale will be effective and binding on the seller upon seller’s advertising, exhibiting and creating a listing of the product on the website, and shall be effective and binding on the buyer upon buyer agreeing to purchase the products so listed by the seller.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.Bookthewish.com (“Website”) and mobile application under the name and style ” Bookthewish” is referred to as “Buyer” and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as “Seller”). These Terms of Sale describe, inter alia, the terms of offer for sale, acceptance of offer for sale by Buyer and the purchase of goods and services (“Products”) through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by EZ-Mall Online Limited (“Company”) which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as “You” with its grammatical variations and cognate expressions.
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website is a platform that users utilize to meet and interact with one another for their transactions. Bookthewish is not and cannot be a party to or control in any manner any transaction between the Buyer and the Seller.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers 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 related to Products and services. Bookthewish 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 Bookthewish.
Bookthewish does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the Products or services proposed to be sold or offered to be sold or purchased on the Website. Bookthewish does not implicitly or??explicitly support or endorse the sale or purchase of any Products or services on the Website. Bookthewish accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Bookthewish is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Bookthewish cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Bookthewish shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Bookthewish 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 choose to deal with on the Website and use your best judgment in that behalf.
Bookthewish does not at any point of time during any transaction between Buyer and Seller on the Website 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 Bookthewish hold any right, title or interest over the products nor shall Bookthewish have any obligations or liabilities in respect of such contract.
The Website is only a platform that can be utilized by the users to reach a larger base to buy and sell products or services. Bookthewish is only providing a platform for communication 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.
Bookthewish 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.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with.
PRICING INFORMATION OF THE PRODUCT
The selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on ‘as is’ basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are inclusive of VAT unless stated otherwise.
Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the Products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
Bookthewish.in may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by and between the User and relevant bank of the User, or
- Any payment issues arising out of the transaction, or
- Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by the relevant User;
- Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Website 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 with regards to the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or the service providers providing such services).
SHIPPING & DELIVERY OF THE PRODUCT
There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer.
Buyer’s shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Bookthewish for any loss of any fee or charges that Bookthewish and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Bookthewish and its third parties are not consequential or indirect.
The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
All Products purchased from the Website shall be delivered to the User by standard courier services byBookthewish.in on behalf of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal delivery charge may be charged on all orders (“Orders”). The delivery charge can be viewed at the time of placing the order and in all order related emails. This delivery charge shall be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
Product price and shipping charges will be shown separately.
The shipping charges for different price slabs (based on Product’s selling price) shall be determined by Bookthewish from time to time.
The logistics partner supported byBookthewish.in will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
An estimated delivery time shall be displayed on the order summary page. We generally ship the items within the time specified on the product page. Business days exclude public holidays and Sundays.
In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
However in case where a damage has been caused to the Products ordered, the Seller shall replace the Products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
No deliveries of the Products shall be made outside the territorial boundaries of India.
In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together or differently at its sole discretion. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
Bookthewish.in shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the Product in the account or payment wallet, in accordance with the options chosen by the User, as soon as the order is successfully cancelled.
User shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cess etc. levied thereon.
RETURN, REFUND & REPLACEMENT
All Products ordered from the Website and successfully delivered to the User by the respective Seller may be returned to the Seller in accordance with the terms contained in the respective Seller policy.
However no Products will be accepted by the Seller if: (a) the Products have been damaged by the User; (b) if there is a change in the quality, quantity or other characteristics of the Product; (c) if as per the Seller the Product returned is not the Product that was delivered; and (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time.
In case of returns:
- return/size exchange should be initiated within 7 (seven) days from date of order delivery of the Product to the Buyer;
- the tags on the product should be intact;
- the Product should be unwashed, unused and in an undamaged condition; and
- The item needs to be returned along with the original packaging.
Following return, refund and replacement is offered byBookthewish.in for different categories:
The refund and replacement policy for a particular product will always be mentioned on the product display page and will over rule any terms and condition mentioned on Bookthewish’s “Terms of Sale” page
For products that do not display refund and replacement details on the product display page, will be govern by the standard Return, Refund and Replacement policies mentioned here and on Refund and Replacement Policy page on the Website.
If the User wants to instantly return or return within 7 (seven) days from delivery date of the Product, andBookthewish.in does not offer reverse pickup of the items, the User may send the shipment himself/herself. The Users should send the scanned copy of the courier slip to care@ Bookthewish.in and Bookthewish will refund the amount.
In order to confirm cancellation of order with respect to the Product, User need to indicate refund preference available on the Website.
Below is the mode of refund:
- Back to Source – In this case, the money will be refunded back to the payment mode/account that was originally used to place the order with respect to the Product;
Once User have requested the cancellation of Product, Bookthewish will complete the cancellation and initiate the refund, depending on User preference within 7 to 10 working days of taking such cancellation request.
All warranties shall be directly claimed from the entity manufacturing the Product on the respective customer care number and shall be responsible for the products warranty.
All the materials and Products (including but not limited to software) and services, included on or otherwise made available to the User through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not provide any guarantee/warranty to you for Products sold on our portal against technical/manufacturing defects.
In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered toBookthewish.in or the shipment was empty, the onus shall be on the User to prove through presentation/submission of proof of delivery (PoD) from the concerned logistics service provider to establish his/her claim of return. However, non-receipt of Product by the Seller or Bookthewish may lead to no refund/exchange being issued to the User. The User waives any claims against Bookthewish in this regard.
Refunds for courier charges shall be against a valid reverse pick up slip/written confirmation from the courier company that the reverse pick up has been done for a particular shipment / order.
In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the reverse pick up slip given at the time of the pick-up.
Bookthewish.in will not be liable for the Products returned by mistake. In circumstances where a product not belonging toBookthewish.in is returned by mistake, Bookthewish.in is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
Size exchange can be availed at the special price of an item. Please take note that this is applicable only on Products that are exchangeable, as mentioned on the product page.
Once returned or in case the User does not receive the delivery within the time period agreed the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
All Products ordered by the User shall be eligible to be replaced in accordance with the Seller’s replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website.Bookthewish.in will accept return or size exchange of a Product only in accordance with the returns policy of the respective Seller.
In case of exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.
Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
All refunds shall be made in Indian Rupees only.
The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Bookthewish.in reserves the absolute right to cancel all past, pending and future orders without any liability.Bookthewish.in also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may 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 card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded. Further, in case of suspicious transactions, Bookthewish.in reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
The User may be considered fraudulent if inter alia any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Bookthewish;
- Users fails to produce adequate documents during the payment details verification;
- Misuse of another Users’s phone/email;
- Users uses invalid email and phone no.;
- Overuse of a voucher code;
- Use of a special voucher not tagged to the email ID used;
- Users returns the wrong product;
- Users refuses to pay for an order; or
- Users is involved in the snatch and run for any order.
The User may be considered loss to business if any of the following scenarios are met:
- User with a very high return rate;
- Invalid/Incomplete address cases; or
- Repeated request for monetary compensation for petty issues.
Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
Bookthewish.in may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined byBookthewish.in:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same product at the same address, depending on the product category;
- Bulk quantity of the same product ordered;
- Invalid address given in order details; or
- Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
If a User raises a complaint for partial item/partial order :
- The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
- An email will be sent seeking/providing following information:
Short description of the case (A few questions will be asked to help us understand the scenario).
The snapshots of the packet and other box(If any)(try to cover the sides which look tampered/damaged as per the Users)
The refund for prepaid orders will be done after investigation
The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Users fails to provide adequate information about the case;
- Users fails to provide snapshots of the packet and box (if any);
- If an opened delivery was received, pilferage claims must be made the same day; or
- Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. User agree, as Bookthewish do, to submit to the exclusive jurisdiction of the courts at Delhi.
REVISION OF THE TERMS OF SALE
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition
Bookthewish’s role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. At no time shall Bookthewish have any obligations or liabilities in respect of such contract nor shall Bookthewish hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.
Bookthewish specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by Buyer from the Seller and Bookthewish shall not assume any liability if the Product purchased or availed by Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation order.
Bookthewish is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
Bookthewish does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Bookthewish. Prices, Product description and availability of the Product are Seller’s responsibility.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Bookthewish shall not in any manner be held liable for the same.
Bookthewish shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.