Christ is in Xloop Online Pvt Ltd and Meta Chain Online Retail Ltd.
Shopmanonline.com Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.Shopmanonline.com][www.Shopmanonline.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
Introduction
Welcome to the Shopmanonline.com website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
This website is owned and operated by Xloop Online Pvt Ltd. For the purposes of this website, "seller", "we", "us" and "our" all refer Shopmanonline.com
The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
E-Contract Shopmanonline India
This Shopmanonline Seller Contract consists of two parts: (1) the Seller Terms and Conditions; and (2) the General Terms and Conditions of Use of the Marketplace
Seller Terms and Conditions
Contents
Introduction
1.1. Xloop Online Pvt Ltd (“Shopmanonline” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Indian (“territory”).
1.2. These seller terms and conditions shall apply to all sellers on the marketplace, toghether with our general terms and conditions of the use of marketplace.
1.3. If you register with our marketplace as a seller:
1.3.1. you accept these seller terms and conditions, the general terms and conditions, and the Shopmanonline codes, policies and guidelines, and as may be amended by Shopmanonline from time to time and which form an integral part of the terms upon which you may use the marketplace;
1.3.2. we will ask you to expressly agree to these seller terms and conditions; the general terms and conditions; and the Shopmanonline Codes polices and guidelines, by clicking to confirm that you agree (and such electronic
signature shall be considered as an original signature for all purposes); and/or by physical signature, if required by the laws of the territory.
1.4. You may not register with our marketplace as a seller, if you are an employee of Shopmanonline or a family member of an employee of Shopmanonline, unless Shopmanonline has approved the registration pursuant to its conflict of interest procedures.
Seller stores
2.1. If you register with our marketplace as a seller you will be able to create a store on the marketplace, using the “Seller Centre” portal.
2.2. Seller stores that are submitted may be reviewed for approval, at Shopmanonline’s discretion, before they are operational.
2.3. You shall be solely responsible for your store, listings and products and you hereby agree that:
2.3.1. you shall obtain any licenses required for sale of your products on the marketplace; and
2.3.2. to the extent required by applicable law, you shall register with relevant tax authorities and pay all relevant taxes in relation to your product sales.
2.4. You understand and agree that you may only open more than one Seller Centre account for a legitimate business reason and this shall be determined at Shopmanonline’s discretion. You shall notify Shopmanonline if you (or a person or entity related to you) opens a Seller Centre account.
2.5. You shall conduct your business on the marketplace:
2.5.1. with skill and care, and by co-operating with and acting in good faith towards Shopmanonline and the buyers;
2.5.2. in compliance with the Shopmanonline Partner Code of Conduct, and other Shopmanonline codes, policies and guidelines as published on the marketplace from time to time;
2.5.3. in accordance with ethical business practices and industry best practice; and
2.5.4. in compliance with all applicable laws in force from time to time, including, without limitation (i) all laws, statutes, regulations and other enactments of the territory (ii) the U.S. Foreign Corrupt Practices Act; U.K. Bribery Act; (iv) all other anti-bribery and corruption, anti-money laundering and anti-terrorism laws; and (v) any trade or export sanctions or restrictions imposed by the United States, the United Kingdom, the European Union and/or the United Nations.
2.6. Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any seller store that breaches these seller terms and conditions, the general terms and conditions, or any Shopmanonline codes, policies and guidelines.
Product listings
3.1. You shall be responsible for listing your products on the marketplace by uploading to the Seller Centre a completed product page which shall include prices, detailed information, specifications and images in respect of each product along with made in (where the product is manufactured)
3.2. You may not publish more than one listing in respect of each product.
3.3. You agree to be solely responsible for all listings submitted to our marketplace and you agree that all listings must:
3.3.1. constitute bona fide listings relating to products that comply with the categories and rules set out at section 4;
3.3.2. comply with the rules on content in the general terms and conditions and further particularised in the Content and Image Guidelines; and
3.3.3. include all such information, specifications and guidelines as may be required pursuant to all applicable laws and regulations, including in respect of consumer protection.
3.4. Listings that are submitted may be individually reviewed and approved, at Shopmanonline’s discretion, before they are published on the marketplace, and you acknowledge and agree there may be a lead time between submission of the product page to the Seller Centre and the publishing of the Product page on the marketplace due to time required for Shopmanonline quality control operations.
3.5. Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any listings that breach these seller terms and conditions, the general terms and conditions or any Shopmanonline codes, policies or guidelines.
3.6. You acknowledge and agree that:
3.6.1. notwithstanding that we may approve any listings, you shall be fully responsible for the same; and
3.6.2. we reserve the right to impose penalties for breach of this section 3, without prejudice to our other rights.
3.7. You must keep your listings up to date. In particular, you must deactiGSTe any listings in respect of products that have ceased to be available.
The products
4.1. The only products that may be the subject of a listing on our marketplace are products falling within the product categories specified on the marketplace.
4.2. You must not advertise, buy, sell or supply through our marketplace any product that:
4.2.1. breaches any laws or regulations, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
4.2.2. consists of or contains material that would, if published on our marketplace by you, contravene the rules on content in the general terms and conditions; or
4.2.3. is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; swords, firearms or other weapons; ammunition for any weapon; or items that are otherwise prohibited pursuant to the Prohibited and Restricted Products Policy, as may be amended from time to time, or any applicable law.
4.3. We operate a zero tolerance approach to counterfeit products and any attempt to sell counterfeit products on the marketplace, or other breach of our Anti-Counterfeit Policy may result in the penalties specified in the Seller Penalty Policy which include financial penalties, permanently prohibiting you from using the marketplace, and potentially in prosecution.
4.4. Promptly, following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to verify the authenticity of products.
Pricing
5.1. All prices of products shall be stated exclusive of GST and any other tax applicable to the transaction and in the currency of the territory.
5.2. You shall be solely responsible for setting the price of your products on the marketplace, which may be amended through the Seller Centre from time to time, including for the purpose of any seasonal or other discounts.
5.3. The pricing of your products shall comply with all applicable laws, including competition laws.
Fulfilment, packaging and delivery
6.1. Upon receipt of a confirmation of sale from Shopmanonline, you shall:
6.1.1. process the order by packing and labeling the product(s) in accordance with the Packaging Guidelines; and
6.1.2. deliver the products to our drop off point in accordance with the timelines, opening hours and procedures specified in the Delivery Guidelines.
6.2. Section 6.1 above shall not apply in the event that you request, and we approve in writing, delivery by consignment, which shall be managed in accordance with the Shopmanonline Express Guidelines.
6.3. We may inspect any or all products we receive and we reserve the right to return to you any product that fails to meet the packaging requirements set out in the Packaging Guidelines or that fails to pass our quality control checks or any other product requirements set out at section 4.
6.4. You shall retain title to and ownership of the products until such time as the products are paid for in full by the buyer to Shopmanonline and delivered to the buyer. Upon delivery to the buyer, ownership of the products shall vest in the buyer.
6.5. We shall bear the risk of loss or damage to the products upon receipt and until delivery to the buyer. Our liability to you in respect of your products in our possession pursuant to this section 6 shall be limited to the cost price of the products and shall be subject to the further limitations and exclusions on liability provided in the general terms and conditions.
6.6. Without prejudice to all our rights, we may charge you penalties in respect of breaches of the Packaging Guidelines or the Delivery Guidelines. The amount of the penalties that may be charged pursuant to this section 6.6 shall be stated in the Seller Penalty Policy.
Value added services
7.1. You may subscribe through the Seller’s Centre for value added services which may be available from time to time, including but not limited to:
7.1.1. warehousing and fulfilment services, as provided by the Shopmanonline Express Guidelines; and
7.1.2. marketing and promotional services.
7.2. In order to subscribe for any value added services you may be required to expressly agree to additional terms and conditions in respect of the same. All value added services shall be governed by any such additional terms and conditions, together with these seller terms and conditions, the general terms and conditions, and the Shopmanonline codes, policies and guidelines referenced herein.
7.3. Our liability to you in respect of the value added services shall be subject to the limitations and exclusions on liability provided in the general terms and conditions.
Commission and fees
8.1. We shall charge you a commission in respect of each sale made on the marketplace and fees in respect of all marketplace services and any value added services, as further particularized in the commissions and fees page of Seller Centre or the relevant value added service agreement.
8.2. In case of promotion funded by Shopmanonline, commission may be calculated based on the selling price, being the price set by the vendor at the time of the order.
8.3. We reserve the right to charge commissions and/or fees in the event that the sale is not completed, by way of consideration for the costs of our services rendered.
8.4. We may vary commissions and/or fees from time to time, on prior notice to you, and by updating the commissions and fees page of Seller Centre. This will not affect any liability to pay commission that accrues before the new rates are posted or for services that have been previously paid.
GST and other taxes
9.1. All amounts stated on the marketplace are stated exclusive of GST and any other taxes applicable to the transaction. The seller acknowledges that:
9.1.1. commissions shall be calculated as a percentage of the selling price (being the price set by the vendor at the time of the order) exclusive of GST and any other taxes charged to the buyer;
9.1.2. commissions are exclusive of GST and all other taxes thereon; and
9.1.3. in the event of any upwards revision in the rate of GST or any other applicable taxes, the amount of the commission shall be automatically adjusted to ensure that Shopmanonline’s net revenues remain constant. The seller may, in its discretion, revise prices accordingly as provided at section 5.2.
9.2. The seller shall be exclusively liable in respect of all taxes applicable to the transactions entered into on the marketplace with buyers, including GST, and shall therefore be responsible for the reporting, filing and payment of the same.
9.3. In the event any transaction consists of the importation of products for delivery to the buyer and such transaction may result in the recognition of a permanent establishment for the seller, the seller shall be responsible for complying with its tax obligations in the territory where it has created a current or future tax nexus. The seller understands and acknowledges that consignment fulfillment may create tax nexus e.g. permanent establishment.
9.4. Should a competent tax authority determine that Shopmanonline is liable for payment of any taxes (including stamp, excise or customs duties) in respect of the transactions, notably pursuant to sections 9.2 and 9.3 above, you hereby indemnify and hold harmless Shopmanonline in respect of the same. We may make tax-related deductions to payments processed by us on your behalf and remit such deducted amounts to the relevant government or tax authority.
9.5. Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to
the taxation of payments made to us or processed by us. We may supply such information and/or documentation to relevant government and tax authorities.
Remittances
10.1. We shall collect payments from buyers in respect of each product purchased from the marketplace, and we shall deduct from the same our commissions and, as may be applicable, any fees, charges, taxes, penalties, refunds and any other amounts that you owe to us in respect of any business whatsoever.
10.2. We shall remit the proceeds of sale of the products, after all deductions pursuant to section 10.1 above, and remit the remaining funds to you in the currency of the marketplace territory and using such payment mechanism as we may notify to you from time to time.
10.3. Evidence of payment to your nominated account shall constitute conclusive evidence of payment and receipt.
10.4. You shall be entirely responsible for ensuring that the account details that you upload to the Seller Centre are accurate and up to date, and that the account is secure. We shall not be liable for any loss or damage to you that may result from fraud or error in respect of your account.
10.5. We shall provide you with an account statement, via the Seller Center, which shall include details of all proceeds of sale of the products, deductions and remittances.
10.6. Subject to the applicable laws of the territory, we may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off. Set-off may apply across your Seller Centre accounts if you operate more than one account. For the avoidance of any doubt, the account statement in the Seller Centre shall serve as such notice of set-off.
10.7. In the event that we hold insufficient funds on your behalf for payment of any amounts that you owe us (your account is in debit):
10.7.1. you shall pay the amounts you owe to us by such payment method as we may request; and
10.7.2. in the event that we hold any of your products that have not been sold or that have been returned, we may dispose of such products and apply all proceeds of sale to discharge any amounts that you owe us.
10.8. We may delay or suspend payment to you in the event of investigation of a potential fraud or other breach of this agreement.
10.9. In the event that the vendor disputes any transaction or statement of account it must report its claim to Shopmanonline within three (3) months of the date of the relevant transaction, failing which such claim shall be deemed to be waived.
Breaches of seller terms and conditions
11.1. If we reasonably determine that you have breached these seller terms and conditions, our general terms and conditions, or any Shopmanonline codes, policies or guidelines, we may:
11.1.1. send you one or more formal warnings;
11.1.2. suspend, prohibit or block your access to our marketplace as provided in the general terms and conditions;
11.1.3. apply penalties for breach as provided in our Seller Penalty Policy; and/or
11.1.4. commence legal action against you, whether for breach of contract or otherwise.
11.2. We may vary the amount of the penalties for breach from time to time by updating the Seller Penalty Policy, but this will not affect any liability to pay penalties that accrue before the new amounts are posted.
11.3. The consequences of breach provided at section 11.1 above shall also apply if:
11.3.1. you fail to satisfy a minimum level of operational performance in order to provide a satisfactory buyer experience on the marketplace; or
11.3.2. if you receive negative ratings and reviews.
Insurance
12.1. You shall maintain in force a policy of insurance with an appropriate level of coverage in respect of your liabilities under the agreement.
Confidentiality and data privacy
13.1. All information and documents concerning the conduct of business pursuant to these general terms and conditions, including information relating to business methods, procedures, policies and sales information, is strictly confidential unless it is already in the public domain. You shall not use Shopmanonline’s confidential information for any purpose other than to perform your obligations under this Agreement and you shall not disclose Shopmanonline’s confidential information without our prior written consent.
13.2. Sellers may not send advertising or promotional communications to buyers on the marketplace without the prior written consent of Shopmanonline, and shall be directly responsible to marketplace users for any misuse of their personal data.
13.3. If Shopmanonline is sued, fined, or otherwise incurs expenses as a result of the seller’s handling of personal data obtained through the marketplace, the seller shall indemnify Shopmanonline in respect of the same.
Miscellaneous
General Terms and Conditions of Use of the Marketplace for Buyers and Sellers
Contents
Introduction
1.1. Xloop Online PVT LTD (“Shopmanonline” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Indian (“territory”).
1.2. These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.
1.3. By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
1.4. If you use our marketplace in the course of a business or other organizational project, then by so doing you:
1.4.1. confirm that you have obtained the necessary authority to agree to these general terms and conditions;
1.4.2. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
1.4.3. agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
Registration and account
2.1. You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2.2. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.
2.3. You represent and warrant that all information provided in the registration form is complete and accurate.
2.4. If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
2.4.1. keep your password confidential;
2.4.2. notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
2.4.3. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
2.5. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
2.6. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
2.7. You may cancel your account on our marketplace by contacting us as provided at section 23.
Terms and conditions of sale
3.1. You acknowledge and agree that:
3.1.1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
3.1.2. we shall accept binding sales, on behalf of sellers, but Shopmanonline is not a party to the transaction between the seller and the buyer; and
3.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
3.2. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
3.2.1. the price for a product will be as stated in the relevant product listing;
3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
3.2.3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
3.2.4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
3.2.5. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
Returns and refunds
4.1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
4.2. Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
4.2.1. in respect of the product price;
4.2.2. local and/or international shipping fees (as stated on the refunds page); and
4.2.3. by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
4.3. Returned products shall be accepted and refunds issued by Shopmanonline, for and on behalf of the seller.
4.4. Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
Payments
5.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
Rules about your content
6.1. In these general terms and conditions, "your content" means:
6.1.1. all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
6.1.2. all communications on the marketplace, including product reviews, feedback and comments.
6.2. Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
6.3. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
6.3.1. be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
6.3.2. depict violence in an explicit, graphic or gratuitous manner; or
6.3.3. be blasphemous, in breach of racial or religious hatred or discrimination legislation;
6.3.4. be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
6.3.5. cause annoyance, inconvenience or needless anxiety to any person; or
6.3.6. constitute spam.
6.4. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
6.4.1. any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
6.4.2. any right of confidence, right of privacy or right under data protection legislation;
6.4.3. any contractual obligation owed to any person; or
6.4.4. any court order.
6.5. You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.
6.6. You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.7. The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
6.8. You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.
6.9. You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
6.10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
6.11. If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 23.
Our rights to use your content
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.2. You grant to us the right to sub-license the rights licensed under section 7.1.
7.3. You grant to us the right to bring an action for infringement of the rights licensed under section 7.1.
7.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.5. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
Use of website and mobile applications
8.1. In this section 8 words “marketplace” and "website” shall be used interchangeably to refer to Shopmanonline’s websites and mobile applications.
8.2. You may:
8.2.1. view pages from our website in a web browser;
8.2.2. download pages from our website for caching in a web browser;
8.2.3. print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
8.2.4. stream audio and video files from our website using the media player on our website; and
8.2.5. use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
8.3. Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.
8.4. You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
8.5. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
8.6. Unless you own or control the relevant rights in the material, you must not:
8.6.1. republish material from our website (including republication on another website);
8.6.2. sell, rent or sub-license material from our website;
8.6.3. show any material from our website in public;
8.6.4. exploit material from our website for a commercial purpose; or
8.6.5. redistribute material from our website.
8.7. Notwithstanding section 8.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
8.8. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
8.9. You must not:
8.9.1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
8.9.2. use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
8.9.3. hack or otherwise tamper with our website;
8.9.4. probe, scan or test the vulnerability of our website without our permission;
8.9.5. circumvent any authentication or security systems or processes on or relating to our website;
8.9.6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
8.9.7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
8.9.8. decrypt or decipher any communications sent by or to our website without our permission;
8.9.9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
8.9.10. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
8.9.11. use our website except by means of our public interfaces;
8.9.12. violate the directives set out in the robots.txt file for our website;
8.9.13. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
8.9.14. do anything that interferes with the normal use of our website.
Copyright and trademarks
9.1. Subject to the express provisions of these general terms and conditions:
9.1.1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
9.1.2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
9.2. Shopmanonline’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
9.3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
Data privacy
10.1. Buyers agree to processing of their personal data in accordance with the terms of Shopmanonline’s Privacy and Cookie Notice.
10.2. Shopmanonline shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
10.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Shopmanonline shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
Due diligence and audit rights
11.1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
11.2. You agree to provide to us all such information, documentation and access to your business premises as we may require:
11.2.1. in order to verify your adherence to, and performance of, your obligations under this Agreement;
11.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
11.2.3. as otherwise required by law or applicable regulation.
Shopmanonline’s role as a marketplace
12.1. You acknowledge that:
12.1.1. we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
12.1.2. we do not check, audit or monitor all information contained in listings;
12.1.3. we are not party to any contract for the sale or purchase of products advertised on the marketplace;
12.1.4. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
12.1.5. we are not the agents for any buyer or seller,
and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
12.2. We do not warrant or represent:
12.2.1. the completeness or accuracy of the information published on our marketplace;
12.2.2. that the material on the marketplace is up to date;
12.2.3. that the marketplace will operate without fault; or
12.2.4. that the marketplace or any service on the marketplace will remain available.
12.3. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
12.4. We do not guarantee any commercial results concerning the use of the marketplace.
12.5. To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.
Limitations and exclusions of liability
13.1. Nothing in these general terms and conditions will:
13.1.1. limit any liabilities in any way that is not permitted under applicable law; or
13.1.2. exclude any liabilities or statutory rights that may not be excluded under applicable law.
13.2. The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:
13.2.1. are subject to section 13.1; and
13.2.2. govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.
13.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
13.4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 13.4.
13.5. Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
13.5.1. any losses occasioned by any interruption or dysfunction to the website;
13.5.2. any losses arising out of any event or events beyond our reasonable control;
13.5.3. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
13.5.4. any loss or corruption of any data, database or software; or
13.5.5. any special, indirect or consequential loss or damage.
13.6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Indemnification
14.1. You hereby indemnify us, and undertake to keep us indemnified, against:
14.1.1. any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Shopmanonline codes, policies or guidelines; and
14.1.2. any GST liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any GST or other tax properly due in any jurisdiction.
Breaches of these general terms and conditions
15.1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
15.2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Shopmanonline codes, policies or guidelines in any way we may:
15.2.1. temporarily suspend your access to our marketplace;
15.2.2. permanently prohibit you from accessing our marketplace;
15.2.3. block computers using your IP address from accessing our marketplace;
15.2.4. contact any or all of your internet service providers and request that they block your access to our marketplace;
15.2.5. suspend or delete your account on our marketplace; and/or
15.2.6. commence legal action against you, whether for breach of contract or otherwise.
15.3. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Entire agreement
16.1. These general terms and conditions and the Shopmanonline codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.
Hierarchy
17.1. Should these general terms and conditions, the seller terms and conditions, and the Shopmanonline codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Shopmanonline codes, policies and guidelines shall prevail in the order here stated.
Variation
18.1. We may revise these general terms and conditions, the seller terms and conditions, and the Shopmanonline codes, policies and guidelines from time to time.
18.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.
Severability
19.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Assignment
20.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
20.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
Third party rights
21.1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
21.2. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.
Law and jurisdiction
22.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
22.2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
Terms and Conditions for buyers
Use of the Site
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
User Submissions
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Shopmanonline.com and your purchase and c) promotional emails, SMS and push notifications from Shopmanonline.com. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address by country.
Information Available on Website
You accept that the information contained in this website is provided ìas is, where isî, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.
Accessibility of Website
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
Links and Thirds Party Websites
We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create deriGSTive works of such material and content.
Data Protection
Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site. Shopmanonline.com stores the address and might use it for commercial purposes
Indemnity
You shall indemnify and hold harmless Shopmanonline.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law and Jurisdiction
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Goa.
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Shopmanonline.com make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Shopmanonline.com is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by priGSTe and confidential binding arbitration before a single arbitrator held in India in English and governed by Indian law, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in India and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of E-Cart Internet Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Severability
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
Terms and Conditions of Sale
General
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
Acceptance of Electronic Documents
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Payment and Pricing
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Liability of Parties on the Shopmanonline.com Marketplace
We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Shopmanonline.com Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Shopmanonline.com Marketplace.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Shopmanonline.com Marketplace.
Delivery
This Site is only for delivery of products to customers within India. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
TERMS AND CONDITIONS
Your website may use the Terms and Conditions given below.
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to Xloop Online Pvt Ltd (www.shopmanonline.com).and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organization’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.shopmanonline.com or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Refund and Cancellation Policy
Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine prints of each deal before buying it, it provides all the details about the services or the product you purchase.
In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:
Cancellation Policy
Requests received later than 7 days prior to the end of the current service period will be treated as cancellation of services for the next service period.
Refund Policy
We will try our best to create the suitable design concepts for our customers.
In case any customers is not completely satisfied with our products we can provide a refund if its within 7 days period of purchase
If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account.
Following products shall not be eligible for return or replacement:
a. Damages due to misuse of product;
b. Incidental damage due to malfunctioning of product;
c. Any consumable item which has been used/installed;
d. Products with tampered or missing serial/UPC numbers;
e. Digital products/services (Flyte music downloads)
f. Any damage/defect which are not covered under the manufacturer's warranty
g. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
h. Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.
If Shopmanonline.com has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Shopmanonline.com may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Shopmanonline.com will not be allowed to return their products.
Shopmanonline.com reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Shopmanonline.com may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Exchange Offers:
By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Shopmanonline.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Shopmanonline.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.
I confirm that all the data in the said device will be erased before handing it over under buyback program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Shopmanonline.com Seller or the Manufacturer shall not be responsible for the same and I will not approach Shopmanonline.com for any retrieval of the data.
I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the Shopmanonline.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Shopmanonline.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.
I understand once a device is sent by me to Shopmanonline.com, in no scenario can this device be returned back to me.
I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
What can I return?
You can initiate a return within 7 days items if:
When returning an item, ensure all seals, tags and accessories are left intact and item is in its original packaging. If you have created a password on the device you wish to return, please ensure it is removed, otherwise, your return will be invalid.
How do I return an item?
Online : Complete your return request on our contact form or call us.
Can I change my refund option anytime?
No. You cannot change your selected refund option after it has been registered by our CS Team
How long will it take to return an item and get my refund?
Please see our timelines for full information.
Once I initiate a return, what happens next?
If the package was delivered to you and you requested for a pick-up, our delivery agent will call you to schedule retrieval. There will be 2 attempts made to retrieve the item(s) in 3 business days.
If you initially picked-up your package from one of our stations or chose to drop-off at one, please take the items you wish to return to a pick-up station near you.
I have requested for returns pick-up from my home, how long will it take?
Once we receive your request, we will make two attempts to retrieve the item(s).
What happens if I miss both attempts to retrieve my return?
Your return request will be cancelled and you will no longer be able to return that item.
Can I return my item after the stated returns timeline?
You will not be able to return Shopmanonline.com items after 15 days and other eligible items after 7 days but if it is faulty, it may be covered under warranty.
I initiated a return and requested for pickup at my home, but no one came & it has been a while, what should I do?
We apologize for this. Please contact us using the form provided.
Once retrieval of my package is done, how long will it take to be refunded?
Please see below for full information.
All you need to know about our returns and refunds timelines can be found right on this page.
Please note that only 2 attempts will be made to retrieve your item.
Business days are from Monday to Friday, and do not include Weekends and Public Holidays
My return has been collected for a while, but still no news, what should I do?
We apologize for this. Please contact us using the form provided.
Shopmanonline.com tells me they have done a bank transfer but I have not received the money, what should I do?
It takes 7-10 business days for the money to reflect in your account. Please contact us if it you still haven’t received your refund after this time.
How do I track my return status?
We will keep you updated by email and SMS about the status of your return.
If you have any question please complete the customer contact form here.
Is my product under warranty?
Warranty information is displayed on each product’s listing page.
Do I have to return all products in my order?
No, you do not have to return your entire order. You can return your choice of selected items.
Do I have to return the gift when I return a product?
Yes, any free gift must also be returned.
Do I have to pay for shipping charges when I return a product?
There are no charges for shipping a product back to Shopmanonline.
Can I Replace or Exchange an item rather than a refund?
At the moment, Shopmanonline does not offer replacement or exchange of an item; however you can still return an item and receive a full refund.
Why was my item redelivered to me instead of a refund?
Returned items will be redelivered to you if we cannot verify your reason for returning it. For example, a microwave returned for not powering-on will be tested extensively and if the claims are right, a refund will be processed, but if during the test, it powers-on, the item will be redelivered to you.
What are service centers?
Service centers are locations your devices can be fixed.
Indemnity
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
Applicable Law and Jurisdiction
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of India. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of India and to waive any objections based upon venue.
Arbitration
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by priGSTe and confidential binding arbitration before a single arbitrator held in India in English and governed by India law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of India 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in India and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Severability
If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.
Notice of Copyright Infringement
If you have any complaints with respect to the infringement of your copyright, kindly write to the following address: Support@Shopmanonline.com Who? Where?
Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
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