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
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.
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.
[email protected]
Copyright
Copyright
©2016-18 Eshopi.com. All rights reserved.
This disclaimer/terms of service notification is subject to change without
notice.