Terms & Conditions

ELIGIBILITY

You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the services of the App should do so through Your legal guardian in accordance with applicable law. 

   

If You are using the App on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the App.

 

Pushpak Enterprises reserves the right to refuse access to use the services offered at the App to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

COMPLIANCE REQUIREMENTS

Every User of the App shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the App.

USER ACCOUNT

You may be required to register and set up an account (“Account”) for using the App by entering an email address and password or by using any permitted social media the App account to sign in ("Account Information"). Pushpak Enterprises as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The App will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through Customer Support.

 

You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt under the App’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.

 

Payment Policy

Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.

 

We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc. Pushpak Enterprises may also offers industry-leading solution for Cash on Delivery.

 

All payments for purchases made by You on the App shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Pushpak Enterprises, You will be sent a notification by email or SMS at the email address or mobile number provided to Pushpak Enterprises confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. Pushpak Enterprises reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.

 

Credit and Debit Card

 

Pushpak Enterprises accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to Your issuing bank's site, where You will have to follow the instruction to complete the payment.

 

Net Banking

 

You can make payment for an order by using Your Net Banking account. The App accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank's site where You will be able to make payment after entering in Your login id and password that is known only to You.

 

EMI Payments

 

EMI is one of the payment methods available on Pushpak Enterprises for Your convenience which allows You to pay for Your orders easily. The equated monthly instalments payment method is only available for customers using certain credit cards as per the relevant terms and conditions being in force. Applicable charges/fees/costs, if any, levied by the Bank for facilitating EMI, shall be directly and solely borne by the Customer.  Pushpak Enterprises does not  charge any processing or convenience fee for the said purpose.  Any dispute in this regard shall be directly dealt by the Customer with the Bank and Pushpak Enterprises shall not be held liable in any case, whatsoever.

 

Cash on Delivery

 

Cash on Delivery is one of the payment methods for making purchases on Pushpak Enterprises where You don't have to make any advance payment.

 

Cash on Delivery is available as a payment method for all eligible products on Pushpak Enterprises. Eligible products will be indicated by the message [‘Eligible for Cash on Delivery’] on the [‘product order page’] for delivery in certain pin codes.

 

Issues with Payments - Pending Payments:

Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

1.        Incorrect debit or credit card details are entered.

2.       Card may be blocked or card details are no longer valid or need to be updated.

3.       The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.

4.       The connection between Pushpak Enterprises and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.

5.       Card or bank or issuer is not recognised by Pushpak Enterprises.

6.       Incorrect login or password details are entered.

7.       Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.

If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. Pushpak Enterprises is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.

Issuing Bank Terms and Conditions

 

Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.

 

Requirements of Permanent Account Number (PAN)

 

For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), You will be required to upload a copy of Your PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by You will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between Your name in Account with Pushpak Enterprises the name printed on the PAN card.

 

The requirement to provide a copy of PAN card is one time activity and You don’t need to submit it again.

DELIVERY POLICY

Shipping Address

 

Your shipping address and pin code will be verified with the database of Pushpak Enterprises before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address. You can make purchases on the App from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.

 

 When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and Pushpak Enterprises will have no liability in this regard.

 

Delivery to Partner Store (subject to the availability of function and the facilities by seller)

 

Instead of delivering the order to Your shipping address, You can choose to have Your product delivered to a partner store so You can pick-up the package from the partner store at Your convenience. On Your collecting the package You will receive a notification by email or SMS at the email address or mobile number provided to Pushpak Enterprises confirming delivery of the product. Click here to get a list of our partner stores. If You do not collect the product from the partner store within allowed time, the product will be returned to the seller and Your order will be cancelled. No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options.

 

Delivery by Pushpak Enterprises or Seller

 

The delivery of the ordered products from the seller to You will be made by logistics service providers assigned by Pushpak Enterprises or Sellers. However, large and bulky products such as televisions, refrigerators, air-conditioners, etc. may be delivered to You directly by the seller. Deliveries cannot be rescheduled after the order has been placed.

 

The logistics service provider assigned by Pushpak Enterprises will make a maximum of three [3] attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of products in these attempts Pushpak Enterprises reserves the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to Pushpak Enterprises. The cancelled order is returned to seller. You agree not to hold Pushpak Enterprises liable for any cancellation.

 

If You wish to request the App to resend the product, You can do so by placing a new order for the product on the terms set out on the [‘product order page’] when You place the new order. Your order will be accepted subject to availability of the product.

 

In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, Pushpak Enterprises will not be responsible for the non-delivery of the product.

 

Title and risk of loss for all products ordered by You shall pass on to You upon delivery of the products at the shipping address provided by You.

 

Multiple Product Orders

 

In case You order multiple products in one transaction, Pushpak Enterprises would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues or the location of seller and You may receive the products separately and at different times. If You purchase multiple products in a 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 shipping addresses.

 

Missing Items

 

In the event, the product package received by You is missing one or more products or accessories or does not include the freebie or the order is partly delivered, You should inform Pushpak Enterprises through the Customer Care Team within 5 days of delivery date of the package. Missing products claims will not be accepted after 5 days from delivery date.

 

When a package delivered is missing one or more products or accessories, You are requested to return the original package delivered to the seller in accordance with the Return Policy.

 

In the event of dispute, Pushpak Enterprises will coordinate with You and the seller to reach an amicable solution. Pushpak Enterprises is only a facilitating link between You and the seller and will not be liable in any manner.

 

Refusal of Delivery

 

Before accepting delivery 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, You are requested to refuse to accept delivery and inform Pushpak Enterprises within 5 days of delivery date.

 

You are requested to fill the delivery sheet / acknowledgement used by the logistics service providers and note down the condition of the delivered package. Damaged or tampered products claims will not be accepted beyond the returns policy

In the event of dispute, Pushpak Enterprises will coordinate with You and the seller to reach an amicable solution. Pushpak Enterprises is only a facilitating link between You and the seller and will not be liable in any manner.

 

Delivery Time

 

An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing Your order, You will receive an email or SMS at the email address or mobile number provided to Pushpak Enterprises containing a summary of the order and also the estimated delivery time to Your location. The seller may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period of time is to be added to the shipping speed You choose.

 

Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

 

About Delayed Delivery

 

Sometimes, delivery may take longer due to:

1.                    Bad weather.

2.                   Transportation delays.

3.                  Natural calamities.

4.                  Political disruptions.

5.                  Logistics service provider related challenges.

6.                  Product lost in transit.

7.                   Regional or national holidays which are considered as delivery holidays.

8.                  Other unforeseen circumstances or events beyond the control of Pushpak Enterprises or logistics service provider.

 

If the estimated delivery date has passed and You still have not received Your order, please contact us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.

 

Pushpak Enterprises will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to Pushpak Enterprises if any product in the order is unavailable or is delayed or lost in transit.

 

Shipping Charges

 

You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will appear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller’s is located in a different area. Delivery charges will vary according to pin codes as well as type of product.

 

Open delivery

Pushpak Enterprises reserves the right to provide Open delivery or not. Open delivery service which is provided by Pushpak Enterprises with some Specifics logistics service providers. Open delivery depends upon our logistics service provider’s service dependencies. You can’t open parcel if logistics service provider doesn’t allow and in such event, You have a right to accept the parcel after paying the amount and thereafter You can use our hassle-free return policy.

Please refer to the Return and Refund Policies, if You wish to return the delivered product to Pushpak Enterprises.

Return Policy

Reasons for Return

 

Return Policy makes it possible for You to return a product if You receive a damaged or defective product or if the product is significantly different from what was purchased or when the package delivered is missing one or more products or accessories. Return Policy here should be read in conjunction with the any specific terms and conditions applicable to a product which can be found on product descriptions page for returning a product.

 

Conditions for Return

 

In order to return any product sold through the App, You are required to comply with the below mentioned conditions, viz.:

 

1.        The return has to be in compliance with the Return Policy associated with the product category.

2.       Pushpak Enterprises should be notified of the receipt of a damaged or defective product or if the product is significantly different from what was purchased, within period mentioned in the returns policy.

3.       Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to You.

4.       The return packages should be strongly and adequately packaged so that there is no damage of products during transit.

5.       The returned products are subject to verification and quality checks by the sellers selling on Pushpak Enterprises in order to determine the legitimacy of the complaint or return.

6.       If You have chosen the partner store option for delivery of the order and wish to return the product, You should return the product to the same store from where You collected the order or to other store that the partner might allow from time to time. You should return the product in original and unused condition along with all original price tags, labels, packing, barcodes, user manuals, warranty card and invoices, accessories, freebies and boxesreceived. Store reserves the right to accept the product and after quality check.

7.       You should fill the Return Form provided by Pushpak Enterprises with the originally delivered package or make available to You over email or account and include it in the returned package. Return requests are not processed if the Return Form is incomplete or absent in the returned package received. The reason for return should be stated in the Return form. You should additionally fill out the delivery sheet used by the logistics service providers and note down any damaged or tampered condition of the delivered package.

8.       The return has to be in compliance with the return policy of the seller or the manufacturer of the product where applicable.

 

Non-returnable Products

 

All products cannot be returned. Some of the products that cannot be returned are:

 

 1) Printer Spares

 2) Ink Bottles

 

If You are unable to inform Pushpak Enterprises of the receipt of a damaged or defective product or the product is not as per specifications of Your order or the package delivered is missing one or more products or accessories as per the returns policy and procedure, Pushpak Enterprises or Seller shall not be obliged to accept the returned product or be liable in this regard. In the event, such product is sent to Seller, the product will be returned to the Customer and the same needs to be accepted from Seller or assigned logistics service provider. Pushpak Enterprises or seller will not be responsible if the product is not accepted and no refund will be issued.

 

Damaged, Defective or Other Non-conforming Products

 

Returns of damaged, defective or other products eligible for return are accepted as under:

 

i.            In the event You receive a damaged or defective product or a product that does not comply with the specifications as per Your original or the product is delivered after the expected delivery period or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy, You are required to get in touch with the Customer Care Team through any of the below mentioned channels or submit a return request online (if such facility is available) as per the Returns Policy.

ii.          Upon receiving Your return request, Pushpak Enterprises shall verify the authenticity and the nature of the request and if the request is genuine, Pushpak Enterprises will inform the seller of the return request and will ask the seller for a refund to be processed upon the receipt and quality check of the returned product. It will take a minimum of [ 4-6] business days to process Your request for return of products.

iii.        Pushpak Enterprises or Seller may arrange for pick-up of the product through an assigned logistics service provider. You will receive an email or SMS notification at Your email address or mobile number provided to Pushpak Enterprises. In the event Pushpak Enterprises is unable to arrange pick-up, Pushpak Enterprises will notify You regarding the same and You will be required to send the product to the seller at the provided address using a reputed courier service in Your area.

iv.         For return of large and bulky products such as televisions, refrigerators, air-conditioners, etc. the seller will arrange for pickup.

v.          If Your pin code is not serviceable, Pushpak Enterprises may ask You to ship the product to the seller using a relevant and available logistics service provider or Indian Postal services. Customers are required to submit the shipping information of the self-ship by contact Customer Service. In the event the details are not provided and the shipment arrives without returns form or invoice, the refund may be delayed.

vi.         Upon receipt of the returned product by the seller and successful completion of the quality check, You will receive an email or SMS confirmation at the email address or mobile number provided to Pushpak Enterprises.  

vii.       You will be refunded the product cost along with taxes and shipping charges, if any. Courier freight charges You paid to courier or shipping service for returning the product to seller will be reimbursed as per method agreed with You.

 

You expressly acknowledge that the seller is solely responsible for the damaged or defective product or a product that does not meet the specifications of Your original order or delayed delivery of the order or delivery of the package with one or more products or accessories missing and for any claims that You may have in relation to such products and Pushpak Enterprises shall not in any manner be held liable for the same. In the event of dispute, Pushpak Enterprises will coordinate with You and the seller to reach an amicable solution. Pushpak Enterprises is only a facilitating link and an Intermediary as per definition under Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Pushpak Enterprises will not be liable in any manner.

 

Dead on Arrival Products

 

In the event, You receive an electronic or technological product that is has manufacturing defect or is dead on arrival, You should inform Pushpak Enterprises the period defined in the returns policy and place a request for return by following the procedure defined in the Returns Policy. You may be asked to obtain a manufacturer defect or Dead on Arrival certificate from the manufacturer or an authorised service centre of the manufacturer. This certificate will have to be produced to Pushpak Enterprises for processing Your return request and sent to seller along with the product Pushpak Enterprises may engage with a third party at its own discretion to help Customers obtain this certificate and cannot be held responsible for any delay or mishandling of products. If the products are found to be working or the defect is caused to any mishandling, product will be returned back to You. Customers are required to accept the return

 

In case a dead-on arrival certificate cannot be issued by an authorised service centre of the manufacturer, You will be required to get the product serviced or repaired as per warranty provided by the manufacturer and Pushpak Enterprises will not be liable in any manner. In the event the certificate provided as dead on arrival certificate is disputed by the manufacturer or deemed as invalid, the product will be returned to You and Pushpak Enterprises will not be liable in any manner.

 

Period for Return

 

Please refer “Know More” section of the product information page for the Period of Return i.e. period within which a product delivered can be returned by the Buyer subject to the other terms and conditions of the Return Policy contained hereunder.

 

Cancellation of Return Request

 

A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and You want to cancel the request, You may choose to inform the logistics service provider that You do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to Pushpak Enterprises cancelling Your return request.

 

Refusal of Return Request

 

Pushpak Enterprises reserves the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, You will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. You agree not to dispute the decision made by Pushpak Enterprises and accept Pushpak Enterprises’s decision regarding the refusal or cancellation and further agree not hold Pushpak Enterprises liable for any refusal or cancellation.

 

Frivolous Complaints

 

In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, Pushpak Enterprises reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Pushpak Enterprises in this regard.

Return Shipping Process

Self-send Process

 

In case of return of products initiated and subsequent courier of the product by You, if it is found that the returned product was not delivered to the seller or any other designated location specified or the package was empty, the onus shall be on You to prove through submission of proof of delivery from the concerned courier service provider to establish Your claim of return. Self-courier of returns should be initiated within the periods specified in the Pushpak Enterprises’s Returns Policy. Pushpak Enterprises is not liable to process the return request until satisfactory proof of delivery is provided to Pushpak Enterprises.

 

In case of damage claims, Pushpak Enterprises may ask for pictures of the damaged product before it is approved or allowed for return.

 

For return shipping managed by Pushpak Enterprises, You will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and You are unavailable or not ready to handover the product, Pushpak Enterprises or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by the seller and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned. Pushpak Enterprises will not be liable for the products returned by mistake.

 

In the event where a product not belonging to the seller selling on Pushpak Enterprises is returned by mistake, Pushpak Enterprises is not accountable for such misplacement and is not responsible for its delivery back to You or any costs incurred by You or any refund.

 

Discrepancy Between Information Provided by You and Our Logistics Service Provider

 

In case of any discrepancy in the status of pick-up of a product arranged by Pushpak Enterprises, (where You claim the product has been returned, while our system suggests otherwise) refund will be initiated only if You successfully furnish the courier slip given by the Pushpak Enterprises assigned logistics service provider at the time of the pick-up.

 

In case where a seller or designated return location claims that the product received from You is different or the return of the product is not in compliance with the Returns Policy, the product will be dispatched back to Your shipping address and You are required to receive and accept the package. In the event of dispute, Pushpak Enterprises will coordinate with You and the seller to reach an amicable solution. Pushpak Enterprises is only a facilitating link between You and the seller and will not be liable in any manner.

ORDER CANCELLATION POLICY

Cancellation of an order can be done either by Pushpak Enterprises or by You as under:

 

Cancellation by Pushpak Enterprises

 

Pushpak Enterprises has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):

                I.       Your failure to comply with any of these terms.

              II.       Product is unavailable with the seller.

            III.       Technical errors or issues.

           IV.       Any reason identified by Pushpak Enterprises's credit and fraud avoidance team.

             V.       Invalid address or wrong address is given in order details.

           VI.       Malpractices used to place the order.

         VII.       Bulk order is placed for the likely commercial resale.

       VIII.       Multiple orders are placed for same product at the same address.

           IX.       Order is undelivered after three (3) attempts.

             X.       EMI offer is rejected by the bank.

           XI.       Failure to collect the order from partner store within stipulated time.

         XII.     Pricing or specifications on any product as is shown on the App due to typographical error or incorrect information inadvertently provided by the seller or some technical glitch, resulting into incorrect pricing or specifications.

 

Notwithstanding anything contained hereunder, Pushpak Enterprises reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, You will be sent a notification email or SMS at the email address or mobile number provided to Pushpak Enterprises.

 

You agree to release and indemnify Pushpak Enterprises, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of Your Order by Pushpak Enterprises or seller.

 

Cancellation by You

 

You may cancel an order for any reason, although cancellation by You must be done before the product has been shipped for delivery to You. No cancellation is permitted subsequently.

 

You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling or emailing Customer Care Team or in Your account on the App through ‘my account’. You should state the reason for such cancellation. Pushpak Enterprises will process the request for cancellation as per the policy in force.

 

If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to Pushpak Enterprises.

 

Pushpak Enterprises reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold Pushpak Enterprises liable for any rejection of order cancellations.

 

You will receive a refund for Your cancelled orders that have been accepted in accordance with the Refund Policy.

REFUND POLICY

Refunds

 

Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy.

 

Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order.

 

For return requests, the refund of payment is made after the returned product has been received by the seller and has passed the quality checks. The entire product cost along with any taxes and shipping charges if any will be refunded to You.

 

If any refund is received by You pending the quality checks, You will hold such amounts in trust on behalf of Pushpak Enterprises until conclusion of such quality checks unless claimed by Pushpak Enterprises any time before that. If You are in receipt of any wrongful refunded or payment, You will transfer such amount back to Pushpak Enterprises within 3 days of You receiving such amount.

 

No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options. Refund of Cash on Delivery orders returned by You may subject to levy of a charge which will be deducted from Your refund amount.

 

Time Period for Refunds

 

Refunds are normally processed within 1-6 working days after the completion of quality checks of product returned and further depends on various banking and payment channels.

Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded. 

 

Pushpak Enterprises is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

 

Mode of Refund

 

The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment.

 

Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your bank account.

 

Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to Your bank account via NEFT or to Your wallet account depending on the discretion of Pushpak Enterprises.

 

You will need to update the bank account number and IFSC code to enable us to process a refund to Your account. Refunds cannot be processed to third-party accounts, i.e. the name on Your Pushpak Enterprises account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to Pushpak Enterprises will be sent to You.

 

All refunds by cheque will be in form of "at par" cheques or via online transfer; basis sole discretion of Pushpak Enterprises.

 

Terminated Payment Mode

 

If the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from Your bank, we will send You an email asking You to call us. When You call us, we will collect Your address where You want the cheque to be sent, and proceed with the refund. Please refer to our Payment Policy for further details.

 

You explicitly give Your consent to receiving communications (by SMS, email or other mode of communication) sent to You by Pushpak Enterprises, however, You may withdraw Your consent any time at Your sole discretion.

Pricing and Payment

Pricing and Payment

 

The App lists availability and pricing information of products on the product display pages of the App.

 

All prices are inclusive of Value Added Tax and Central Sales Tax unless stated otherwise. Products in Your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product's price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time You actually purchase it. Products that are marked as 'Out of Stock' are not available for purchase.

 

The price of products offered by the seller on the App is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with applicable laws. Sellers may or may not specify this information on the App, and You are advised to independently determine the MRP of such products if You so desire. 

 

The App shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems appropriate, for and on behalf of the sellers of the products. The seller or Pushpak Enterprises will arrange logistics for delivery of large and bulky products such as televisions, refrigerators, air conditioners etc., to the buyer.

 

By purchasing the products using the App and authorizing the App to process the payment, You agree, accept and understand that the App as part of its services, is only a facilitator providing an automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the products.

 

For more details, please review the Payment Policy applicable to the products ordered from the sellers. The App may change the Payment Policy without any notice.

Taxes

 

You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and You agree to bear any and all applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.

No Warranty

All products or services are made available through the App on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable law and Pushpak Enterprises does not accept any liability for any defects, deficiencies, short comings, errors or omissions.

 

Pushpak Enterprises does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the App. The prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. Pushpak Enterprises does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

 

The buyer acknowledges that before placing an order for a product the buyer has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.

 

The buyer acknowledges that the product images are indicative in nature and actual product may differ from the image. The buyer further acknowledges that services provided by the App are being provided by Pushpak Enterprises as an independent contractor, and Pushpak Enterprises is in no manner acting as an agent, partner or joint venture partner of either the seller or of a third party.

 

The buyer acknowledges and understands that the buyer cannot claim any compensation from Pushpak Enterprises, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) opportunities missed by buyer for availing any offers or discounts on the App for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by Pushpak Enterprises or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by Pushpak Enterprises; (vi) buyer faces any issues with logistics service provider’s personnel.

  

Being a marketplace and intermediary (except where title of the product is held by Pushpak Enterprises), Pushpak Enterprises holds no title in the products at any time, and sale of any product is a transaction restricted between You and the seller of Your choice. The contract of sale is purely a bipartite contract between You and the seller and Pushpak Enterprises is not responsible for any claims arising from such a contract and Pushpak Enterprises will not be considered a party to any claim or proceeding arising from such sale and accordingly, You absolve Pushpak Enterprises from any such claim by You. In case of any dispute Pushpak Enterprises is not obliged to mediate or resolve any dispute between buyer and seller.

Communications

 

 You will be required to provide a valid email address and phone number in order to avail the services provided by the App, including and not limited to placing orders for buying the products. By registering Your email address and phone number with the App, You consent to be contacted by the App via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The App may notify or communicate with You by e-mail, SMS, phone or by posting notices on the App or by any other mode of communication.

 

Severability

 

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

 

Captions

 

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

 

Partial Invalidity

 

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

 

Force majeure

 

Notwithstanding anything contained in these Terms or elsewhere, Pushpak Enterprises shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event"means any event that is beyond Pushpak Enterprises’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

 

Disputes

 

All complaints relating to the products purchased from the App are routed through the Customer Care Team of the App. The seller is responsible to resolve any complaints regarding the product that may be raised by the buyer and other complaints to the satisfaction of the buyer. The App is only the facilitating link between the buyer and the seller of the product for any complaints in relation to the products sold by the seller. All buyer complaints, product complaints and transaction failure complaints shall solely be to the seller’s account and the seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the App to resolve the complaints at the seller’s own initiative and cost. The App is not in any way responsible for ensuring resolution of the complaints and the App shall not in any manner either directly or indirectly be liable for any claims or proceedings made by any User in relation to the products provided on or through the App or otherwise.

USE OF CONTENT

 

 

You grant Pushpak Enterprises and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use Your name in connection with such content.

 

You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to Pushpak Enterprises.

 

The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the App; that, as at the date that the content or material is submitted to the App: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the App’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.

THIRD PARTY WEBSITES

The App may contain links to other websites and the App are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of Pushpak Enterprises and You are encouraged to read the terms of use and privacy policy of each and every linked website before accessing any of the third-party websites linked to the App and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and Pushpak Enterprises shall not be responsible in any manner whatsoever.

INTELLECTUAL PROPERTY RIGHTS

All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pushpak Enterprises, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors' rights and database right laws. The compilation of all content on the App is the exclusive property of Pushpak Enterprises, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this App is the property of Pushpak Enterprises, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.

 

Pushpak Enterprises grants You a limited licence to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pushpak Enterprises. This licence does not include any resale or commercial use of the contents of the App; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller.

 

The trademarks, logos and service marks displayed on the App ("Marks") are the properties of Pushpak Enterprises or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of Pushpak Enterprises, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

 

Pushpak Enterprises owns all intellectual property rights to and into the trademark "Pushpak Enterprises,” and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the App or owned by Pushpak Enterprises.

 

You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  content or the intellectual property rights of the App or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Pushpak Enterprises and on happening of any such event Pushpak Enterprises reserves the right to immediately discontinue the App services to such User without prejudice Pushpak Enterprises’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the App to illegally and unlawfully exploit the content or intellectual property rights owned by Pushpak Enterprises or content suppliers or third party as the case is.

 

Trademark Infringement Complaints

 

Pushpak Enterprises fully respects Intellectual Property (IP) Rights of the IP owners. In case You feel that Your Trademark has been infringed, You may write us at griene with the subject line as “Trademark Infringement Complaint” with complete details viz. Your name and contact address, particulars of Your IP and products listed on App allegedly infringing Your IP, 

FEE

Users can use and access the App free of charge. However, at any time in future, after duly notifying in advance, Pushpak Enterprises reserves its right to charge the users for the use of the App and provisioning of the services through the App as per applicable Indian law.

NOTICE PROCEDURE

If You believes that any Objectionable Content is hosted on the App or Your rights are being infringed, users shall immediately inform the Grievance Officer by following the App’s Notice Procedure mentioned below. The App will endeavour to remove such content as soon as possible after investigation.

 

No untrue or false information or allegation shall be made by You and if found misusing the notifying procedure, Pushpak Enterprises reserves the right to terminate Your account and reserves the right to initiate appropriate legal action in this regard.

 

Upon receipt of a notice, Pushpak Enterprises will take appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Pushpak Enterprises shall also endeavour to forward a copy of the notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, the User grants to Pushpak Enterprises the right to use, reproduce, publish, and display its content throughout the world in any mode medium or manner now known or developed in future. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. If found defaulting You, agree to indemnify Pushpak Enterprises for all claims brought by a third party against Pushpak Enterprises arising out of or in connection with the submission of a notice.

 

It is repeated and reiterated that Pushpak Enterprises’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and Pushpak Enterprises shall in no manner be liable for or in relation to the infringing or Objectionable Content. Pushpak Enterprises shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the User against whom the objections are raised.

DISCLAIMER

You, being User of the App expressly agree that the use of the App is at Your sole risk. The App and the contents uploaded or provide or shared by other users are made available to the User through the App on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and Pushpak Enterprises does not accept any liability for any errors or omissions.

 

Pushpak Enterprises shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. Pushpak Enterprises shall not mediate or resolve any dispute or disagreement between the User and the sellers or manufacturers of the products.

 

Pushpak Enterprises through the App only provides a platform that users utilize to communicate and transact with one another and Pushpak Enterprises does not endorse any products displayed on the App or views expressed or information uploaded by any User. In no event Pushpak Enterprises shall be liable for any information, content, materials, products or services available through the App.

 

The right, title, interest and ownership in the products that are transacted by the users through the App does not vest with Pushpak Enterprises and Pushpak Enterprises holds no right, title or ownership over such products. The offer and acceptance of products through the App is at the User’s sole risk and Pushpak Enterprises accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the App.

 

Pushpak Enterprises hereby disclaims any guarantees of exactness as to the finish and appearance of the product as ordered by and delivered to the User. The quality or quantity of any products, information or other material purchased or obtained by You through the App that may not meet Your expectations.

 

The App could also be linked to third party websites and Pushpak Enterprises assumes no responsibility for results obtained from the use of these websites.

 

Pushpak Enterprises makes no assurances that the App is bug free and User friendly or the safety of the use of the App. Pushpak Enterprises including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the App.  

 

Pushpak Enterprises does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. App disclaims all liability for losses or damages caused by any such interruption or errors in functioning. Pushpak Enterprises also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the App due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

 

To the maximum extent permitted by applicable law, Pushpak Enterprises will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Pushpak Enterprises also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

 

When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.

 

Pushpak Enterprises will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge.  Pushpak Enterprises shall not be liable for any third-party product, the advertisement available on e-mail or App with respect to the third-party website or the products and services are for information purpose only.

DISCLAIMER

In no event Pushpak Enterprises including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the App whether based on warranty, contract, tort (including negligence) or in any other means or action.

 

You acknowledge that Pushpak Enterprises is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Pushpak Enterprises will not be held liable for any act of seller or other third party service provider.

 

Without prejudice, it is agreed by You that Pushpak Enterprises including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 1,000/- (Rupees One Thousand) subject to applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.

INDEMNITY

You agree to indemnify and hold harmless Pushpak Enterprises including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Pushpak Enterprises’s service or Additional Terms or theseTerms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.

TERMINATION

Pushpak Enterprises reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Pushpak Enterprises’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the App and shall be taken into consideration whenever necessary.

 

Pushpak Enterprises will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, Pushpak Enterprises reserves its right to terminate the services if such provision of services to the users is not economically viable for Pushpak Enterprises. Users may choose to discontinue availing services and facilities provided through the App by closing the User account with the App.

 

On termination of the User account, the User is not eligible to purchase or sell products through the App. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the App by the User shall be removed by Pushpak Enterprises. 

 

Post termination of the services provided to the User through the App, the User’s personal information would reside in the App’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Pushpak Enterprises’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the App post termination of the service provided through the App, the User shall be prosecuted by Pushpak Enterprises. The User shall be also liable to compensate Pushpak Enterprises for any unauthorized use of the App.

MISCELLANEOUS

 Location Based Services : With your location permission, our App/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location based Services. We won't follow you all the time, but can help you find the nearest Pushpak Enterprises partner/Brand  store with Brand News, offers and/or other information based on your profile/liking when you need one.

Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

 

Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

 

Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by Pushpak Enterprises a legal, valid, and enforceable provision to the extent possible.

 

Notices: For purposes of service messages and notices about the services to User, the App may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the App to the User. The User agrees that the App may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the App’s service messages and notices are received by the users timely and accurately.

 

Assignment: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

 

Pushpak Enterprises including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the App’s service messages and notices.