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.
Upon
receiving your complaint, WishUindia shall verify the
authenticity and the nature of the complaint. If WishUindia is
convinced that the complaint is genuine, WishUindia will inform
the relevant party for 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 for a
replacement, WishUindia reserves the right to pursue necessary
legal actions against you and you will be solely liable for all costs
incurred by WishUindia 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 WishUindia shall not in
any manner be held liable for the same.
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, WishUindia requests you to refuse to
accept delivery and inform WishUindia at the earliest. The
return process of the product may be restricted by WishUindiadepending
on the nature and category of the product.
In
order to return any products sold through the WishUindia Platform,
you are required to comply with the following conditions:
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;
Please
notify WishUindia of receipt of damaged/ defective product
within 48-hours of delivery to you. If you are unable to do so
within 48-hours, WishUindia/Merchant/manufacturer/service
provider shall not be held liable for the failure to replace the order;
WishUindia will
arrange pick-up of the damaged/defective product through its own logistics
partner. In the event WishUindia is unable to do so, WishUindia 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 WishUindia;
Products
should be returned in their original packaging along with the original
price tags, labels, barcodes, user manual, warranty card and invoices,
etc.;
WishUindia offers
hassle-free returns to simplify returns for buyers and sellers. If
applicable, you also authorize WishUindia to place the return
shipping costs on your invoice;
It is
advised that the return packets should be strongly and adequately
packaged so that there is no further damage of products during transit;
The
returned products are subject to verification and checks by WishUindia in
order to determine the legitimacy of the complaint/ return;
In
the event the return of a product is duly accepted by WishUindia,
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 WishUindia will
credit your refunds directly into your source of payment. Refunds will
be subject to the following:
Orders
paid online will be refunded instantly through the source of payment;
For
Cash on Delivery payments also the amount will be
refunded into your source of payment;
A
promo code, once used, shall not be refunded in case of cancellation of
order either by you or WishUindia.
By
accepting the Marketplace Terms here and the T&Cs in general, you
accept that WishUindia may send the alerts to the mobile phone
number/ email address provided by you at the time of registering for
the WishUindia Service/WishUindia Platform or to any such
number/e-mail address replaced and informed by you subsequently.
Content:
Content on the WishUindia Platform displayed tries to offer
reliable data, WishUindia 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, WishUindia or sellers,
contractors, agents, licensors, partners or suppliers 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 WishUindia Marketplace
Services, the WishUindia Platform or any reference site/app/platform/service;
or (iii) your use or inability to use the WishUindia Marketplace
Services, the WishUindia Platform (including any and all
materials) or any reference sites/app/platform/service, even if WishUindia or
a WishUindia authorized representative has been advised of the
possibility of such damages. In no event, WishUindia or any of
its contractors, directors, employees, agents, third party partners,
licensors or suppliers 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 WishUindia Marketplace Services, the WishUindia Platform
or any reference site/app/platform/service; or (iii) your use or inability
to use the WishUindia Marketplace Services, the WishUindia Platform
(including any and all materials) or any reference
sites/app/platform/service; or (iv) any other interactions with WishUindia,
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 WishUindia Marketplace Service
or the WishUindia 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 WishUindia 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 WishUindia and that the warranty
disclaimers and the limitations of liability set forth herein form an
essential basis of the bargain between you and WishUindia. WishUindiawould
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, WishUindia’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 and the
Marketplace Terms.
Dispute
Resolution: If any dispute, controversy or claim arises
under this Agreement or in relation to any WishUindia Marketplace
Service or the WishUindia Platform, including any question
regarding the existence, validity or termination of this Agreement or
T&Cs or the Marketplace 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, WishUindia 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 WishUindia in accordance with the Act. The seat of the
arbitration shall be Ranchi and the language of this arbitration shall be
English and/or Hindi. Either you or WishUindia may seek any
interim or preliminary relief from a court of competent jurisdiction in
Ranchi necessary to protect the rights or the property belonging to you
or WishUindia (or any of our agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration
shall be confidential, and neither you nor WishUindia 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 WishUindia. 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
Marketplace Terms.
Jurisdiction
and dispute resolution: Subject to the Dispute Resolution section
above, you agree that any claim or dispute you may have against WishUindia must
be resolved by a court having jurisdiction in Ranchi, India. You agree to
submit to the personal jurisdiction of the courts located within Ranchi,
India, for the purpose of litigating all such claims or disputes. This
Agreement shall be governed by Indian law. This paragraph shall survive
termination of this Agreement.