Buyer’s Policy cum Agreement
This E-Commerce Buyer Agreement (“Agreement”) is between
eShilpMart Online Selling Platform
The Buyer The parties agree as follows:
General terms and conditions
- General terms and conditions
- Please read this buyer policy carefully before using our website. By visiting eShilpMart and/ or making a purchase, buyer engages its “Service” and agrees to be bound by the following terms and conditions. This buyer policy applies to all users of eShilpMart, including without limitation users who are browsers, sellers, customers and/or contributors of content.
- By using any part of the eShilpMart, user agrees to be bound by these policies. If user does not agree to all the terms and conditions of this agreement, then s/he may not access the eShilpMart or use any services. If these policies are considered an offer, acceptance is expressly limited to these policies.
- eShilpMart is an online market place. It strives to improve user curiosity and experience in discovering different crafts across India and introduce new products straight from the hands of artisans. On this page, we have drafted the necessary information for users and buyers which would help them in knowing the service terms and functionality of the website.
- As a buyer, user understands and accepts that upon initiating a Transaction on the Platform, buyers 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 their Issuing Bank (except in case of cash payments). Buyer agrees and acknowledges that eShilpMart is only a facilitator of collection and remittance of Transaction Price. No interest or benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by eShilpMart through and of the prescribed payment methods.
- Buyer may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any expediency or extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on eShilpMart 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 Buyer Agreement and the rules and policies made there under.
- Payment Method: Buyer shall pay the Transaction Price through 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 eShilpMart (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 Platform, upon which it 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 or opting for Payment on Delivery or such other payment method provided by eShilpMart on the Website, in respect of the product as described in the listing.
- Contact Information: The contact details provided by Buyer on the Website shall be correct and current at all times and Buyer shall be obliged to update any change in your contact information on the Platform immediately. eShilpMart takes no responsibility for any delay/non-delivery of the goods on account of failure of the Buyer to update the contact information provided on the Platform and any consequent negative feedback by the buyer will be deleted or modified.
- Feedback: Buyer shall use the feedback and review mechanism to communicate fair and genuine opinion and facts in respect of any User, Buyer or eShilpMart or overall experience whilst using the Platform, known from first-hand experience only. Buyer shall not include any hearsay information, or information that results in maligning any user, brand or product in feedback. User must inform eShilpMart immediately on becoming aware of violation of any applicable laws or violation of the provisions of this Buyer Agreement and the rules and policies made thereunder at customer care.
- Limit on volume of Transactions: eShilpMart 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 eShilpMart may contact the buyer for verification of or additional information, details, data and documents. eShilpMart may not confirm the payment of 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.
- Right to Refuse: eShilpMart 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 eShilpMart 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 eShilpMart from the Buyer within 3 (three) days of booking the Transaction and completion of verification of payment in accordance with the clause above, eShilpMart shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, eShilpMart 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 eShilpMart shall provide the Dispatch Details on the Website within 7 (seven) days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website.
- Delivery: The time within which the seller or eShilpMart is required to ensure delivery of the items to the buyer shall be calculated from the time of successful transaction i.e. within 7 days, for tier-1 cities , within 10 days for tier-2 cities and within 14 days for tier-3 cities, from the time of successful transaction for delivery within India.
- Buyer shall immediately notify eShilpMart upon non-delivery within 3 days of receiving the delivery confirmation message. If you fail to provide such intimation it shall be construed as a deemed Delivery in respect of that Transaction and the Transaction Price shall not be refunded.
- Refund: Buyer shall be entitled to claim a refund of the Transaction Price (as sole and exclusive remedy) within 7 (seven) days of expiry of the delivery time (excluding 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 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 3 (three) days which will be further verified by our concerned team after which refund can be processed. If such refund claim is raised by the buyer, the seller has the option to disagree to the same, in which case eShilpMart may put the refund claim on hold for checks and verifications. eShilpMart 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 eShilpMart in its sole discretion which shall not be disputed by the Users. If the refund claim is accepted then the Transaction Price shall be refunded to the buyer.
- If Buyer fails to receive an item shipped on account of providing inadequate or inaccurate shipping address or 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 eShilpMart/seller shall be entitled to recover reasonable compensation for services provided and costs incurred in shipping, handling, dispatching, processing order and any other services provided to 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.
- Refunds for both Cash on Delivery and Prepaid Orders will be made in bank accounts of users whose details shall be provided by the buyer at the time of requesting for the refund.
- Refund shall be subject to the buyer complying with the provisions of the User Agreement and the rules and polices made hereunder and eShilpMart shall have recourse to such refund in case of any misuse by buyer.
- Arrangement with the Issuing Bank: All transactions conducted on eShilpMart for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions on the online Payment 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.
- IPR and Copyright: Prior approval, express and written, shall be obtained from eShilpMart for use of name, logo marks and intellectual property on the platform including promotional literature. eShilpMart will take appropriate measures to protect the copyrights, trademarks, and other intellectual property rights of other stakeholders.
- Severability: If any provision of this agreement shall be invalid or unenforceable to any extent, the remainder and the application of such provision to buyers or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this agreement shall be valid and the invalid and unenforceable provision of this MoU shall be replaced with a provision which is valid and enforceable.
- Indemnification: Buyer agree to indemnify and hold harmless eShilpMart 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 supports the online facility to provide these services to the Users/Buyers.