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E-COMMERCE TERMS AND CONDITIONS

E-COMMERCE TERMS AND CONDITIONS

 

Bajaj Finserv Direct Limited (“BFDL”) is an E-Commerce marketplace entity as defined under the Consumer Protection (E-Commerce) Rules, 2020, where branded merchandises are displayed online by the various registered sellers (hereinafter “Seller” or “Sellers”) for sale and customers can purchase the same, subject to these E-Commerce Terms (hereinafter referred to as “Terms”), E-Commerce policies as well as the Terms of Use as provided at URL https://www.bajajfinservmarkets.in/legal-and-compliance.html. BFDL offers the online marketplace service to You at its Bajaj MARKETS mobile Application and its website located at https://www.bajajfinservmarkets.in/ecart/ (collectively the “E-Commerce Platform”). BFDL adheres and complies with all laws of the land.

You hereby represent and warrant that You  are compliant with all applicable laws and have the legal capacity to agree to these Terms. BFDL reserves all the rights to alter/modify the Terms anytime at its discretion and any continued use of E-Commerce Platform for purchase of Products, shall constitute acceptance of the Terms. Each time You use/access E-Commerce Platform, it is Your sole responsibility to be aware of its current Terms. By accessing E-Commerce Platform or any pages thereof, and/or using the information provided on or via E-Commerce Platform or placing any order/s on the same, You are agreeing to be bound by all the terms and conditions herein. If you do not want to be bound by the Terms, you must not access, visit, subscribe to or use our services.

By accepting the Terms here and the Terms of Use in general, you accept that BFDL may send the alerts via WhatsApp over your mobile number registered with E-Commerce Platform or to any such number replaced and informed by You subsequently.

DEFINITIONS

  1. “BFDL” means Bajaj Finserv Direct Limited.
  2. “Catalogue” shall mean details relevant to the sale / purchase of the Products, including th4e Selling Price, an informative description/dimensions of each Product (including but not limited to the length, breadth and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos as provided by the Seller and displayed at the Product Display Page (“PDP”)
  3. “E-Commerce Platform” means the online marketplace on the Bajaj MARKETS mobile application and website located at https://www.bajajfinservmarkets.in/ecart/ for different Sellers to sell their Products and for different Buyers to purchase the Products and/or Services offered by Sellers.
  4. “Maximum Retail Price (MRP)” shall mean the price in INR imprinted on Product inclusive of all
  5. “Order” shall mean the order placed by the buyer over E-Commerce Platform for the purchase of Seller’ Products and Services.
  6. “Original Invoice” / “Invoice” shall mean the hard copy of the invoice as may be raised by the Seller and provided to the buyer along with the product purchased or service availed by the buyer, through E-Commerce Platform.
  7. “Product(s)”/ “Service(s)” shall mean the Product(s) and/or Service(s), made available by the Seller over E-Commerce Platform.
  8. “Seller” means Dealer/Merchants/Manufacturers who have entered into Agreement(s) with BFDL and have been allowed by BFDL to display and advertise their products and services and offer them to the prospective customers for sale over E-Commerce.
  9. “We”, “us” and “our” means BFDL.
  10. You”, “your” “customer” and “buyer” means anyone who visits, accesses, or uses our Site or purchases products or avails Services using E-Commerce.

 

 

GENERAL

The actual contract for sale of products is directly between the Seller and you. BFDL provides the services of listing catalogues, pricing, etc. which is purely voluntary action from your end to make the purchase based on the provided information. BFDL has no control over: (a) the availability, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Sellers; (c) the ability of Seller’s to sell items; (d) the ability of buyers to pay for such items. BFDL does not, at any point of time during any transaction between buyer and the seller, take the ownership of any of the goods offered by the Seller. Nor does BFDL, at any point, assert any rights or claims over the goods or services offered by the Seller to the buyer. In using the Ecommerce Platform, you explicitly agree and acknowledge that:

  • BFDL, through its E-Commerce Platform also makes available a variety of branded products / services offered by its Sellers. 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 Seller. BFDL is a mere 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 (including by viewing any available customer reviews of the products or services or the Seller) before purchasing such products or availing such services.
  • BFDL is merely displaying the products of various Sellers on E-Commerce Platform, that may be purchased by a customer. The said products are manufactured, sold and/or delivered by the Seller and the Seller shall be solely responsible for the quality / quantity / merchantability / delivery / installation / replacement / exchange in relation to the product and related services. BFDL shall not be liable in any manner whatsoever for any issues in relation to the product and related services provided by the Seller.
  • BFDL is not a warrantor of the products / services being offered on E-Commerce Platform by various Sellers. 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 Seller and you agree to handle such issues and disputes directly between you and the Seller / manufacturer. All the products are governed by the terms of warranties provided by the respective Sellers / manufacturer / owners of brands. However, in case any product is covered under Seller warranty, it shall be specifically mentioned under the product details. You acknowledge that BFDL gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of Ecommerce Platform service.
  • The price of products offered on E-Commerce Platform is MRP, retail price, sale price, discounted price as offered by the Seller. BFDL does not either directly or indirectly influence the price of the products offered by the Seller. BFDL is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the E-Commerce. BFDL is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Sellers. BFDL will make best efforts to assist customers in issue resolution including return, refund or arranging replacement for all returnable product category scenarios but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
  • The E-Commerce Platform makes available general third party information such as, product catalogues, lists of authorized dealers and technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter (“Third Party Content”). Similar Third Party Content would also be available to you on the communication received by you from BFDL over WhatsApp at your registered Mobile number. 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. BFDL does not provide any guarantee with respect to any of the Third Party Content and BFDL shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.

 

USER ACCOUNT, PASSWORD, AND SECURITY

If You use the E-Commerce Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Ecommerce Platform.

You agree to:

  • immediately notify BFDL of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.

In case of any misuse of your account or password, BFDL shall not be responsible for the same. It is your sole responsibility to keep your account details confidential.

 

ORDER PROCESS

  1. You can place an order from anywhere in India, subject to availability of Products on E-Commerce Platform. 
  2. You shall see the “Home Delivery” option only for any of Your order/s to be placed on E-Commerce Platform.
  3. You understand and agree that once You place the order, Your order shall be considered as placed on E-Commerce Platform. Further, when the Seller confirms your order, it shall be considered confirmed to be delivered.

 

SHIPPING AND INSTALLATION

Delivery of the Product:

  • Your shipping address and pin code will be verified with the database of BFDL for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by the Seller or the area is not covered, we would request you to provide us with an alternate shipping address which would only be serviceable if available on our Seller’s delivery list. BFDL shall not guarantee serviceability for all pincodes and this shall be purely based on the Seller’s availability in the particular area per the shipping address provided by You.
  • In case there is any dispute regarding the shipment of the product or services for the area not covered by BFDL, in such cases BFDL 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, BFDL 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 respective delivery addresses.
  • Products shall be delivered by the Seller at the address given by the customer while making the purchase and BFDL shall be not be held responsible in case the address shared was incorrect.
  • Your order will be shipped by the Seller at no extra cost; unless expressly stated. If there are any delivery charges to be borne by You, then it shall be and displayed on the PDP to you before placing of the order. Additionally, it shall be also be shown on the order summary and checkout page for your reference;

Installation of the Product

  • The installation shall be arranged by the Seller within four to five (4-5) working days of the delivery of the Product ordered, wherever applicable.
  • If installation request is raised by customer on E-Commerce Platform, BFDL will endeavor to revert to the request within 24 hours and resolution of the request might take 3 - 4 working days.
  • Herein, Seller also may be the Brand. In case the installation is to be arranged by the Brand, You can directly contact the Brand service centre for installation and related assistance.
  • In case You are required to pay any standard installation charges on Your order, it shall be displayed on the PDP.
  • Also, if You request any additional service at the time of installation, the applicable charges shall be borne by You, as communicated to You by the Brand Service Centre Representative.
  • BFDL shall not be liable for any such additional services taken by You at the time of installation.

 

CANCELLATION POLICY

Cancellation by BFDL

  • There may be certain orders that Sellers associated with BFDL are unable to accept and service to you due to the below mentioned reasons and these may need to be cancelled. Seller shall be liable for all such cancellations. BFDL shall not be liable in any manner whatsoever for any such cancellations and shall only facilitate such cancellations to you through its Ecommerce Platform, wherever applicable. Any related refunds that are to be made by BFDL post such cancellations shall be facilitated within 3 working days to your source account.
  • Some situations that may result in your order being cancelled include but shall be not limited to:
    • 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 specified by the Sellers,
    • problems identified by BFDL’s Risk Mitigation or fraud avoidance department or
    • due to any major technical snag; or
    • any other situation as may be determined by the Seller;
  • BFDL may also require additional verifications or information before accepting any order.
  • If your order is cancelled after your / credit card / bank account / EMI Card has been charged, the said amount will be reversed back in your / credit card / bank account / EMI Card, as the case may be.
  • A promo code, once used, shall not be refunded in case of cancellation of order either by you or BFDL.
  • Cashback amount, if any, paid by BFDL to you, shall be adjusted before refunding the transaction amount.

Cancellation by the customer

  • In case of requests for order cancellations, BFDL reserves the right to accept or reject requests for order cancellations for any reason whatsoever.
  • As part of usual business practice, if BFDL receives a cancellation notice and the order has not been processed / approved by BFDL, BFDL shall cancel the order and refund the entire amount to you within 7 working days to your source account.
  • BFDL will not be able to cancel orders that have already been partially or fully processed.
  • BFDL 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 BFDL and /or the Seller and accept BFDL’s / Seller’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 the Seller in good sale-able condition.
  • Before a Product is shipped / dispatched, You have the option to raise a cancellation request of Your order on E-Commerce Platform, provided that the cancellation option is available on that particular Product; and
  • You can raise a cancellation request on E-Commerce through “My Orders” section in the below sequence:

Profile>>My Orders >> Eligible Order >> Cancel >>Reason>Submit

  • Any cancellation post-dispatch of Product shall be subject to Seller’s approval. E-Commerce Platform has no commitments to fulfil any such cancellation requests.
  • You shall receive a response to your cancellation request within 2- 3 working days.
  • Any Seller specific exclusion shall be displayed on the PDP and can be checked at Seller specific – Exclusions

 

RETURN POLICY

  1. In case of any returns, You can raise a request on E-Commerce or to the Seller and Seller shall arrange for a pick up of the Product to be returned from Your delivery address.
  2. You can raise a request for return on E-Commerce Platform in “My Orders” section in the below sequence:

Profile>>My Orders >> Eligible Order >> Raise a Request >>Reason>Submit

  1. In case of any such returns, You confirm that You have maintained the Product in the same condition as was received along with the Original Invoice of the Product.
  2. In case of any return request by You, the return shall be arranged by the Seller at no extra cost within 2 working days from the date of return request raised by the Customer.
  3. In case Your order is not delivered in a proper condition and the seal or packaging is tampered with, in any manner, You can refuse to accept the order at the time of delivery and the same shall be considered as cancelled.
  4. In the event you receive a damaged / defective product, you are required to get in touch Brand’s service centre for further assistance directly.
  5. In case where a product does not comply with the specifications as per your original order, customer to contact the Seller and customer service portal of BFDL for any assistance at ecartconnect@bajajfinservmarkets.in.
  6. In case where return request is accepted by BFDL or the Seller, the refund to You shall be processed to Your source account used at the time of related transaction, within 7 working days from the date of pick up of the concerned Product by the Seller. You shall receive the related communication on the same.
  7. Please note that any Products mentioned as “non-returnable” /” No Returns” on the Product page cannot be returned. An exception to this is if you received a tampered or damaged product and sufficient proofs related to same shall be provided to BFDL at the time of return request which shall be sent on the email ID at ecartconnect@bajajfinservmarkets.in.
  8. Upon receiving your return / replacement request, BFDL and / or the Seller shall verify the authenticity and the nature of the request. If BFDL and / or the Seller are convinced that the return request is genuine, BFDL will inform the relevant Seller of such request and shall direct the seller for a return / replacement.
  9. However, in the event of frivolous and unjustified request regarding the quality and content of the products, other than not requesting the Seller for a replacement, BFDL reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by BFDL in this regard.
  10. You expressly acknowledge that the Seller 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 BFDL shall not in any manner be held liable for the same.
  11. 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, BFDL requests you to refuse to accept delivery and inform BFDL at the earliest. The return process of the product may be restricted by BFDL depending on the nature and category of the product.
  12. In order to return any products sold through the E-Commerce 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 BFDL of receipt of damaged / defective product within ___24__hours of delivery to you. If you are unable to do so within 24_hours, BFDL/Seller/manufacturer/service provider shall not be held liable for the failure to replace the order;
  • Seller will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Seller is unable to do so, Seller will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within 3 to 4 day(s) from receipt of such communication.
  • Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and Invoices, etc.;
  • BFDL offers hassle-free returns to simplify returns by facilitating the same for buyers and sellers through its Ecommerce Platform. However, Seller shall be liable for all such returns. The cost of return shipping for an item that is not properly described is the Seller’s responsibility. If applicable, you also authorize BFDL to place the return shipping costs on your invoice;
  • It is advised that the return packets should be strongly and adequately packaged by you so that there is no further damage of products during transit;
  • The returned products are subject to verification and checks by concerned Seller in order to determine the legitimacy of the return request;
  • In the event the return of a product is duly accepted by the Seller, 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 opted by you at the time of order placement and BFDL will credit your refunds directly into source of payment. Refunds will be subject to the following:
    • Orders paid online will be refunded instantly back to source;
    • For Cash on Delivery payments the amount will be refunded to your Bank Account, details of which shall be provided by you, in the form and manner as required by BFDL or the Seller;

 

CONTENT

Content on the E-Commerce Platform is displayed on “AS IS” basis, in the form received from the Sellers. While BFDL tries to offer reliable data, BFDL 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.

 

PAYMENT MECHANISM

 

Customer shall have multiple payment options of making the payments for purchasing the products or availing services over E-Commerce Platform which may include but not limited to  Debit Cards / Credit Card / EMI Card / UPI / Net Banking / Cash on Delivery etc.

While availing any of the payment method/s available on E-Commerce Platform, BFDL will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

  • Lack of authorization for any transaction/s,
  • Exceeding the pre-set limit mutually agreed by and between the Customer and relevant banks of the Customer,
  • Any payment issues arising out of the transaction,
  • Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
  • Temporarily discontinuation of invitation to offer; and / or
  • Decline of transaction for any reason(s) whatsoever.

 

USER CONDUCT AND RULES ON THE PLATFORM

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • is misleading in any way;
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
  • contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • shall not be false or inaccurate;

 

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

 

  • Users doesn't reply to the payment verification mail sent by BFDL
  • Users fails to produce adequate documents during the payment details verification
  • Misuse of another User’s phone/email
  • Users uses invalid address, email and phone no.
  • Users returns the wrong product
  • Users refuses to pay for an order
  • User with excessive returns
  • Repeated request for monetary compensation for fake/used order
  • BFDL may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by BFDL:
  1. Products ordered are not for self-consumption but for commercial resale
  2. Multiple orders placed for same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered
  1. Invalid address given in order details
  2. Any malpractice used to place the order
  3. Any promotional voucher used for placing the 'Bulk Order', such offer benefits may not be refunded
  • Any order paced using a technological glitch/loophole.

 

 

 

GRIEVANCE REDRESSAL

Level 1

For quick resolution and self-help regarding orders; you can refer to the FAQ section in ‘My Order’

Level 2

If your queries are still unanswered, You can raise the queries on through “My Orders” section on E-Commerce Platform in the below sequence:

My Orders >> Eligible Order >> Need Help >> FAQ>>

For any query email us at ecartconnect@bajajfinservmarkets.in. Once you email us, our Customer Service team shall acknowledge your query and respond to you within 24 business hours for resolution.

Level 3

Although, we shall try our best to resolve your query at the earliest, nonetheless, if Your query is still unresolved within the committed timelines, You may escalate the matter by writing to the Grievance Officer (Ms. Meetal Kadam) and mailing us at grievanceofficer@bajajfinservmarkets.in. The Grievance Redressal Officer investigates problems / issues. In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Ms. Meetal Kadam

Contact us: grievanceofficer@bajajfinservmarkets

 

INDEMNITY

The user agrees to indemnify, defend and hold harmless BFDL, its Group Companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to BFDL in relation to the Services and for indulging in any Prohibited conduct as mentioned above whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BFDL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this E-Commerce Terms and Conditions including any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these terms.

LIMITATION OF LIABILITY

BFDL, its Group Companies, Corporate Partners, subsidiary companies, its affiliates, and their directors and employees accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, dam age or expenses) from your use of this Site or any linked site howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Site, its contents or associated services, or due to any unavailability of the Site or any part thereof or any contents or associated services.

BFDL reserves the right to change the information provided on or via this Site, including the terms of this disclaimer, at any time and without notice. However, BFDL shall not undertake to update the content contained on this

Site from time to time. You are obliged to exercise your independent diligence on the information provided on or via this Site before arriving at any decision and you will be solely responsible for your actions. BFDL shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.

GOVERNING LAW

E-Commerce Terms & Conditions, BFDL Platform and all activities carried out over BFDL platform shall be governed by and construed in accordance with all applicable laws of India. All disputes arising out of or relating to the use of the platform shall be submitted to the exclusive jurisdiction of the courts of Pune.

 

By accessing this Web Site and any of its webpages, it is deemed that you are agreeing to the terms set out above.