Terms & Conditions

User Agreement

The T&C restricted herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our association with regard to the use of Proboyz event solutions(P.E.S) “Eshopi.com' online Site by you.

These terms of use (Terms) constitute a legally mandatory agreement between you and the Company regarding your use of the web site i.e. shopping eshopi.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.

Please read this Contract carefully. You are advised to regularly check for any modifications or updates to the terms and conditions from time to time. P.E.S may add to or change or update these Terms of Use, from time to time entirely at the own preference. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of Site and any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions/amendments.

You accept the Site Terms of Use, Privacy Policy and other Site policies by clicking the "secure login/register" button when registering and logging into the Site; accessing or using Site, services, applications, and tools provided herein; or as otherwise indicated on a specific site, service, application, or tool from time to time. Some Site services, applications, and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.

Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.

Definitions of Users

"Contract" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of P.E.S under the Eshopi brand name. It will also include references to this Contract as and when amended, notated, supplemented, varied or replaced.

"Site"or "eshopi online" means the Eshopi online shopping platform owned and operated by P.E.S, which provides an online platform to the users of eshopi.com to buy the products listed / displayed at eshopi.com by the Seller.

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Eshopi Shopping by placing an order for and or purchases any products offered for sale on Eshopi Shopping.

"Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, displays, the products on the online shopping platform provided by Eshopi and delivers the ordered products to the customers.

"User/You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site and any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.

Online Purchases

This Website is only an online platform where Users may meet and interact with one another for their sale and purchase transactions. Hence, P.E.S acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation products price, date, period, shipping costs, mode of shipping/delivery, after sales services related to products including warranties related to products and services etc., on which the seller has complete control and the same may be subject to change.

You agree, understand and acknowledge that eshopi.com is an online shopping platform, an online place enabling the users to buy any product listed on the Site at the price indicated therein at any time from any place. You further agree and acknowledge that the P.E.S Or it's site Eshopi.com is not involved in any sale and purchase of goods/products listed on this Site. Eshopi is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer.P.E.S or it's site Eshopi.com will neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.

P.E.S does not sell or retail any products and does not ensure that the Buyer/Users will perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchant ability, fitness for a particular purpose, or legality of the products listed on eshopi.com

P.E.S shall neither be liable nor responsible for any movements or delays of Vendors and/or Sellers or any breach of conditions, demonstrations or manufacturer of the products or warranties by the Vendor or company.

The Site is only a channel of statement wherein the Users can reach a larger base to buy and sell items or services eshopi.com 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 divided contract between the Seller and the Buyer. At no time will any right, title or interest over the items with Eshopi nor will Eshopi have any obligations or account abilities in respect of such contract. Eshopi is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products/items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

You further approve and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and making wise judgment before entering into any transaction through this Site.

Eshopi is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users. Eshopi takes no accountability for any errors or lapses, whether on behalf of itself or third parties.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. All orders shall be pre-approved with an acceptable method of payment as established by Eshopi which may call for and require additional verification or information.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

The agreement between you and P.E.S is subject to the following terms and conditions:

1. The User certifies that he/she is at least 18 (eighteen) years of age.

2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted or your login through other group or related ID. By using the online shopping services of P.E.S you agree to be bound by the Terms and Conditions.

3. All prices, unless indicated otherwise are in Indian Rupees & can be converted into US dollar if the user is from outside India.

4. By indicating User's acceptance to purchase any product or service offered on the site & for delivery address of India only, user is allowed to complete such transactions after making payment. Users will prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

5. P.E.S is not responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.

6. You are advised to independently verify any particular seller that you choose to deal with on the Website and use your best judgment in that behalf. P.E.S, accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.

7. Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected. Any order placed for a product that is listed at an incorrect price might be cancelled. This shall be irrespective of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same will be credited to your account and duly notified via e mail.

8. In a credit card transaction, you must use your own credit card. P.E.S will not be liable for any credit card fraud. The accountability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, P.E.S reserves the right to cancel all past, pending and future orders without any accountability.

9. P.E.S is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.

10. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from you.

11. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed on Eshopi. In case of COD (cash on delivery) orders, the expected delivery time shall be calculated from the date of placing the order. The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. P.E.S shall not be liable for any delay / non-delivery of purchased goods by the Vendors due to any force major event including but not limited to flood, fire, wars, acts of God or any event beyond the control of company.

12. Notwithstanding anything contained herein, P.E.S acts only as booking agent to avail / integrate transactions between the Buyers and Sellers through various platforms (online web store, print ads, call center, mail order catalogs, SMS etc.) for various Vendors and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event will P.E.S, its proprietor/director , officials, representatives and employees are liable for any damages relating to products sold through its various platforms including but not limited to eshopi.com

13. The User agrees to use the services provided by company, its affiliates, consultants and contracted companies, for lawful purposes only.

14. The User agrees not to make any bulk purchase to indulge into any re seller activities. In case of any such instances, P.E.S reserves all rights to cancel the current and future orders and block the concerned User account.

15. The User agrees to provide accurate and true information company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), P.E.S shall in its sole discretion discard the registration and refuse the User from using the Services available on eshopi.com, and / or other affiliated websites without prior intimation whatsoever.

16. P.E.S will not be accountable for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

17. Partial delivery of product needs to be reported within 24 hrs of receipt of the product.

18. Cancellation on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.

19. All order/sub orders cancelled will be refunded as per the payment mode selected by customer except for COD/Cheque paymode, where refund shall be processed via Cheque.

20. Delivery of orders would be done address specific not person/time specific.

21. The Eshopi Gift Certificate issued by company shall be sent to and linked with the email id mentioned during the order placement only.

22. For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. P.E.S shall not be held responsible for any refund claim in such a case from the customer.

23. P.E.S reserves the right to cancel any order placed using Credit Card which holds International Billing Address.

24. P.E.S reserves the right to cancel any order placed which is not available, out of stock or in short supply.

25. Octroy charges may be levied on some products displayed on the site .These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the Octroy charges levied shall not be refunded.

26. We P.E.S as a merchant shall be under no accountability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

27. P.E.S reserves the right to send transaction emails and SMS's related to any order placed by a customer and the customer agrees that the same will not identical to spam. By submitting your mobile number, you agree to receive calls/SMS's from company/Eshopi.com or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.

All prices and availability of products are subject to change without prior notice at the sole decision of P.E.S

Online Payment

In order to facilitate payments for Product(s) purchased by You through website of P.E.S(eshopi.in), at the request of the Sellers, offers an online payment gateway facility that will facilitate You to make payments in respect thereof to the Sellers/company using netbanking, credit/debit card account or any other mode acceptable and made available to the customers from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. It is hereby clarified that P.E.S does not itself collect any amount from the purchasers and the entire payment transaction (including collection from the purchasers and distribution to the P.E.S Vendor\Seller's is conducted by the online payment gateway facility provided.

Reviews, comments and other content

Users of eshopi.in may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In case a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, P.E.S reserves the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use Eshopi.in

Products Description and Pricing

P.E.S or PES’s Vendor\Seller, will attempt to be as truthful as reasonably possible while providing Product descriptions and pricing. However, P.E.S or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained on eshopi.com is accurate, current complete, or error-free. If a Product showcased on this PES's website (eshopi.com) is found by You not to be as described, upon receipt of the same in pursuance to placing an order on the Seller through the Site.

Charges displayed on the site includes only the cost of the product., Service fee for payment, facilitation fee and shipping charges will be levied/charged extra as applicable.. Similarly for any applicable refunds the full amount, which has been charged, is refunded.

Credit card details

You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for Product(s) purchased through eshopi.com, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by P.E.S with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You or its Vendor\Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.

Order Tracking Facility

You understand and agree that eshopi.com also provides hosting services to its Vendor\Sellers to also provide 'Order Tracking Facility' to the Registered Users in respect of their orders placed with P.E.S Vendor\Seller. All such Order Tracking Information and results are third party user generated contents. P.E.S neither initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. P.E.S has no control over the third party agencies/partners generated contents (depends on the input made by the third party agencies/partners) and shall not be liable for the same in any manner. P.E.S's Vendor\Seller provides the said facility as a free service, without any obligation to do so,. However, it assumes no responsibility for any inaccuracies that may creep in such information provided to the Users or in regard to the timeliness of such information.

Disclaimer Of Warranties/Limitation Of Liability

USER ACKNOWLEDGES THAT THROUGH THIS SITE, P.E.S ONLY ACTS AS A IMPLEMENTER, IN ORDER TO ENABLE HIGHEST QUALITY SERVICES TO THE USERS. P.E.S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOR TO ENSURE USER COMPLETEST FULFILLMENT.

P.E.S WILL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND PES'S LIMIT OR CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN CHOICE AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

P.E.S IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, P.E.S WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY PHASE OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. THE CLAUSE WILL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

Prohibited Activities

You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that belongs to another person and to which you do not have any right to;
1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way;

2.infringes any patent, trademark, copyright or other proprietary rights;
3.violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or 5.limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states,

Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

Termination /Suspension

P.E.S reserves its right to limit, refuse service, restrict, suspend, prohibit access to the Site, terminate your seller/buyer account and services; (Terminate this Agreement; Terminate or suspend your access to the Web Sites; Move, or remove any product or service that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of this Site) at any time, in its sole decision with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the eshopi.com will immediately cease. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later. The User agrees that P.E.S may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, possible legal liabilities, infringing the intellectual property rights of any third party, anything acting inconsistently with the letter of spirit of our policies or harassing/threatening our staff/employees etc.

Entire Agreement

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

Headings

The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Governing Law

This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.

Notice of Copyright Violation

Eshopi.com is not accountable for any violation of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Complaint Officer on mentioned below email signed with the electronic signature addressed to complaint Officer at complaint. helpdesk@eshopi.in

Copyright

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