Kartbest Store Terms and Conditions
The T&Cs in relation to the online shopping service on the Kartbest 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 Kartbest 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 shopping set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to Kartbest Shopping Services or Kartbest Platform.
Kartbest E-commerce is the
provider of online shopping 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 Shopping Terms
as well as T&Cs in general. Kartbest E-commerce offers the online shopping
service to you through various modes including issue of coupons & vouchers
and through various websites accessible through the Kartbest Platform. The
actual contract for sale is directly between the Merchant and you. Kartbest
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. Kartbest
E-commerce may help facilitate the resolution of disputes through various
modes. Kartbest 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. Kartbest
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 Kartbest 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:
Kartbest E-commerce,
through the Kartbest 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. Kartbest 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.
Kartbest E-commerce may
offer delivery services through its logistics/courier partners for some of the
products on the Kartbest Platform as per Kartbest E- commerce’s T&Cs, which
may be changed by Kartbest E-commerce without any notice to you.
Kartbest E-commerce is not
a warrantor of the products/ services being offered on the Kartbest 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 Kartbest E-commerce
gives no warrantee/guarantee, either express or implied, regarding the product
bought by you or for the use or availability of online shopping 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 Kartbest Platform is MRP, retail price, sale price, discounted
price as offered by our Merchant partner. Kartbest Ecommerce does not either
directly or indirectly influence the price of the products offered by the Merchant
partner. Kartbest 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 Kartbest Platform. Kartbest 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. Kartbest
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 Kartbest 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
Kartbest 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. Kartbest
E-commerce does not provide any guarantee with respect to any of the Third
Party Content and Kartbest 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 Kartbest
E-commerce: There may be certain orders that Kartbest 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 Kartbest E-commerce’s credit and fraud avoidance department or
due to any major technical snag. Kartbest E- commerce may also require
additional verifications or information before accepting any order. Kartbest
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 Kartbest E-commerce.
b. Cancellation by the
customer: In case of requests for order cancellations, Kartbest E-commerce
reserves the right to accept or reject requests for order cancellations for any
reason whatsoever. As part of usual business practice, if Kartbest E-commerce
receives a cancellation notice and the order has not been processed/ approved
by Kartbest E- commerce, Kartbest E-commerce shall cancel the order and refund
the entire amount to you instantly. Kartbest E-commerce will not be able to
cancel orders that have already been partially or fully processed. Kartbest
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 Kartbest E- commerce and accept Kartbest
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.
Kartbest E-commerce
reserves the right to cancel any orders that classify as ‘Bulk Order’ as
determined by Kartbest E-commerce as per certain criteria. Any Kartbest
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:
a. Products ordered are not
for self-consumption but for commercial resale;
b. Multiple orders placed
for same product at the same address;
c. Bulk quantity of the
same product ordered;
d. Invalid address given in
order details; or
e. Any malpractice used to
place the order.
Promo codes shall be
subject to specific terms and conditions, from time to time, and Kartbest
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
Kartbest 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 Kartbest
E-commerce, in such cases Kartbest 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, Kartbest 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 Kartbest E-Commerce shall be not be held
responsible in case the address shared was incorrect.
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, Kartbest E-commerce shall verify the authenticity and the nature of
the complaint. If Kartbest E-commerce is convinced that the complaint is
genuine, Kartbest 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, Kartbest E- commerce
reserves the right to pursue necessary legal actions against you and you will
be solely liable for all costs incurred by Kartbest 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 Kartbest 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,
Kartbest E-commerce requests you to refuse to accept delivery and inform
Kartbest E-commerce at the earliest. The return process of the product may be
restricted by Kartbest E-commerce depending on the nature and category of the
product.
d. In order to return any
products sold through the Kartbest 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 Kartbest
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, Kartbest E- commerce/Merchant/manufacturer/service
provider shall not be held liable for the failure to replace the order;
iii. Kartbest E-commerce
will arrange pick-up of the damaged/defective product through its own logistics
partner. In the event Kartbest E-commerce is unable to do so, Kartbest 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
Kartbest 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. Kartbest 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 Kartbest 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 Kartbest 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 Kartbest 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 Kartbest
E-commerce will credit your refunds directly into Kartbest Wallet
account/source of payment. Refunds will be subject to the following:
a. Orders paid online will
be refunded instantly through the Kartbest Wallet/source of payment;
b. For Cash on Delivery
payments also the amount will be refunded into your Kartbest Wallet/source of
payment;
c. You can trigger a
request in your Kartbest Wallet to transfer the money from your Kartbest 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 Kartbest E-commerce.
ix. A promo code, once
used, shall not be refunded in case of cancellation of order either by you or
Kartbest E-commerce.
By accepting the Shopping
Terms here and the T&Cs in general, you accept that Kartbest E-commerce may
send the alerts to the mobile phone number/ email address provided by you at
the time of registering for the Kartbest Shopping Service/Kartbest Platform or
to any such number/e-mail address replaced and informed by you subsequently.
Content: Content on the
Kartbest Platform is displayed on “AS IS” basis, in the form received from the
Merchants. While Kartbest E-commerce tries to offer reliable data, Kartbest
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, Kartbest 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
Kartbest Shopping Services, the Kartbest Platform or any reference
site/app/platform/service; or (iv) your use or inability to use the Kartbest
Shopping Services, the Kartbest Platform (including any and all materials) or
any reference sites/app/platform/service, even if Kartbest E-commerce or a
Kartbest E-commerce authorized representative has been advised of the
possibility of such damages. In no event, Kartbest 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 Kartbest Shopping Services, the Kartbest Platform or
any reference site/app/platform/service; or (iv) your use or inability to use
the Kartbest Shopping Services, the Kartbest Platform (including any and all
materials) or any reference sites/app/platform/service; or (v) any other
interactions with Kartbest 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 Kartbest
Shopping Service or the Kartbest 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 Kartbest 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 Kartbest 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 Kartbest E-commerce. Kartbest 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, Kartbest 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 Shopping Terms.
Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Kartbest Shopping Service or the Kartbest Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Shopping 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, Kartbest 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 Kartbest 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 Kartbest 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 Kartbest E- commerce (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Kartbest 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 Kartbest 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 Shopping Terms.