Terms & Condition
Please read the
following terms and conditions (“T&Cs”/”Agreement”) carefully before
registering on, accessing, browsing, downloading or using the WishUindia website
located at wishUindia.com or the WishUindia mobile
application run by WishUindia Private Limited, having its registered
office at Hirak Road, Sugiadih More, Dhanbad, Jharkhand, Pin 828109.
A. Eligibility
The WishUindia Marketplace
services are not available to persons under the age of 18 (Eighteen) or to
anyone previously suspended or removed by WishUindia from availing
the WishUindia marketplace services or accessing the WishUindia Platform.
By accepting the T&Cs or by otherwise using the WishUindia services
on the WishUindia Platform, you represent that you are at least 18
years of age and have not been previously suspended or removed by WishUindia or
disqualified for any other reason, from availing the WishUindia services
or using the WishUindia platform. In adition, you represent and
warrant that you have the right, authority and capacity to enter into this
Agreement and to abide by all the T&Cs as part of this agreement. Finally,
you shall not impersonate any person or entity or falsely state or otherwise
misrepresent your identity, age or affiliation with any person or entity.
Finally, in the event of any violation of the T&Cs, WishUindia reserves
the right to suspend or permanently prevent you from availing WishUindia Services
or using the WishUindia platform.
B. WishUindia Terms and
Conditions
The T&Cs in
relation to the online marketplace service on the WishUindia platform
set out below are applicable to and binding on you in conjunction with the
general T&Cs already accepted by you. Each T&C is applicable to and
binding on you, or any of your activities on the WishUindia platform,
even if such terms 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 marketplace set out below, the other
service-specific terms and conditions in relation to WishUindia Services
or WishUindia platform. WishUindia is the provider of online
marketplace service, where products are displayed online by the various
registered merchants for sale and you can purchase the same, subject to the
marketplace Terms as well as T&Cs in general. WishUindia offers
the online marketplace services to you through various modes including issue of
coupons & vouchers and through various websites accessible through
the WishUindia platform. The actual contract for sale is directly
between the WishUindia and you. In using the online market place
service, you explicitly agree and acknowledge that:
- WishUindia 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. WishUindia 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 before purchasing such products or availing such services.
- WishUindia may offer
delivery services through its logistics/courier partners for the products
on the WishUindia platform as per WishUindia’s T&Cs,
which may be changed by WishUindia without any notice to you.
- WishUindia is not a warrantor
of the products/ services being offered on the WishUindia 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 WishUindia gives no warrantee/guarantee,
either express or implied, regarding the product bought by you or for the
use or availability of online marketplace 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 WishUindia platform is MRP, retail price, sale price,
discounted price as offered by our Merchant partner. WishUindia is
not liable for any manufacturing defect, faulty product received, warranty
claims, after sales service for any of the products purchased on the WishUindia
Platform. WishUindia 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 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. WishUindia does not provide any guarantee with
respect to any of the Third Party Content and WishUindia shall
not be held liable for any loss suffered by you based on your reliance on
or use of such Third Party Content.
- Cancellation
- Cancellation by WishUindia:
There may be certain orders that WishUindia is 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, problems identified
by WishUindia’s credit and fraud avoidance department or due to any
major technical snag. WishUindia may also require additional
verifications or information before accepting any order.WishUindia 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 WishUindia.
- Cancellation by the
customer: In case of requests for order cancellations, WishUindia reserves
the right to accept or reject requests for order cancellations for any
reason whatsoever. As part of usual business practice, if WishUindia receives
a cancellation notice and the order has not been processed/ approved
by WishUindia, WishUindia shall cancel the order and
refund the entire amount to you instantly. WishUindia will not
be able to cancel orders that have already been partially or fully
processed. WishUindia 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 WishUindia and
accept WishUindia’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 WishUindia in good sale-able
condition.
- WishUindia reserves the
right to cancel any orders that classify as ‘Bulk Order’ as determined
by WishUindia as per certain criteria. Any WishUindia 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:
- Products ordered are not
for self-consumption but for commercial resale;
- Multiple orders placed for
same product at the same address;
- Bulk quantity of the same
product ordered;
- Invalid address given in
order details; or
- Any malpractice used to
place the order.
Promo codes shall be subject to specific terms and
conditions, from time to time and WishUindia 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 WishUindia 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
area is not covered, we would request you to provide us with an alternate
shipping address which we expect to have on our partner’s delivery list.
In case there is any dispute regarding the shipment of the product or
services for the area not covered by WishUindia, in such cases WishUindia 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, WishUindia 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 WishUindia shall not be held responsible in case
the address shared was incorrect.
- Return
Policy
- 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 WishUindia depending
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. WishUindia
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, 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.
C.
CASHBACK
Any Cashback
(subject to terms and conditions therein) for sale of physical goods on WishUindia Platform
is being extended for using “WishUindia Payments” on marketplace run and
operated by WishUindia. Cashback can be used to pay for anything on
Merchants accepting “WishUindia payments” platform or may be transferred
to the person’s bank account.
