Purchases: When user buy anything on the Mubarkdeals.com it is
understood that user accepts term and conditions with website and you
are entering into a legally binding and enforceable contract with the
seller to purchase the items from the seller using either Payment on
Billing or Payment on Delivery as the method of payment to pay the
Transaction Price which shall be paid to the seller through your Issuing
Bank (except in case of cash payments). You agree and acknowledge that
the Company is only a facilitator of collection and remittance of
Transaction Price. No interest or any benefits whatsoever is given to or
can be claimed by the Buyer on the Transaction Price collected by the
Company through and of the prescribed payment methods.
You may
agree with the seller on the commercial terms of the Transaction
including terms of Dispatch and Delivery time or any extension thereof
by way of exchange of electronic records/ electronic communication by
using the features as may be provided on the Website and the Transaction
shall stand amended to such extent, provided that any such variation of
the terms of the Transaction are not in violation of the User Agreement
and the rules and policies made there under.
Payment Method: You
shall pay the Transaction Price through the available methods of
payment i.e. Payment on Billing or Payment on Delivery, for the
Transactions conducted on the Website. You will be intimated when (i)
the Transaction Price is credited to the account of the Company (in case
of Payment on Billing) or (ii) on committing to pay the Transaction
Price on Delivery if you opt for Payment on Delivery payment method,
which will be confirmed by the Website. The Website shall notify the
Buyer upon Payment Confirmation as provided herein.
Non-payment:
Buyers are not permitted to buy any product without making a payment of
the Transaction Price by Payment on Billing method of opting for Payment
on Delivery or such other payment method provided by the Company on the
Website, in respect of the product as described in the listing.
Contacting
Users: Users shall not communicate with other Users outside the Website
to warn them about a seller, products or listing. However, you are
entitled to provide feedback and/or reviews/ ratings for sellers as per
the feedback facilities provided on the Website.
Contact
Information: The contact details provided by you on the Mubarkdeals.com
Website shall be accurate and current at all times. The Company takes no
responsibility for any delay/ non delivery of the goods on account of
failure of the User to update the contact information provided on the
Website and any consequent negative feedback by the buyer will be
deleted or modified.
Feedback: User can give their valuable
feedback and review about Website or your experience whilst using the
Website at care@mubarkdeals.com. You shall not include any hearsay
information, or information that results in maligning any User, brand or
product in your feedback.
Limit on volume of Transactions: The
Company reserves the right to limit the amount payable and the volume of
the Transaction that may be conducted on a single Valid Card/ Valid
Bank Account by a Buyer and may refuse to process Transactions exceeding
such limits and may also block certain Valid Cards or Valid Bank
Accounts that are suspected to be misused while paying the Transaction
Price.
Verification of payment: To prevent any misuse, a payment
(in whichever method) of the Transaction Price initiated by the Buyer
may be flagged or kept on hold for additional checks and verification in
which case the Company may contact the buyer for verification of or
additional information, details, data and documents. The Company may not
confirm the payment if such information, details, data and documents
are false, misleading, incorrect or incomplete and consequently the
Valid Card and/or the Valid Bank Account will not be charged. In such
case, the Dispatch timelines will not commence until Payment
Confirmation. The result of the checks and verification shall be
communicated to the buyer and seller.
The Company reserves the
right to refuse to process Transaction Price in respect of Transactions
by Buyers with a prior history of questionable charges including without
limitation breach of any agreements by Buyer with the Company or
breach/ violation of any applicable law or any charges imposed by the
Issuing Bank.
Payment Confirmation: In case of payment by Payment
on Billing, upon successful receipt of the Transaction Price by the
Company from the Buyer within [5] days of booking the Transaction and
completion of verification of payment in accordance with the clause
above, the Company shall notify the buyer and the seller that the
Transaction Price has been received. In case of payment by Payment on
Delivery, the Company shall notify the buyer and seller that the buyer
has committed to pay the Transaction Price by Payment on Delivery.
Dispatch
Details: The seller or the Company shall provide the Dispatch Details
on the Website within [7] days from the Payment Confirmation or within
such timelines as may be agreed upon between the buyer and seller on the
Website. If the Seller fails to enter the Dispatch Details on the
Website within such prescribed time, the Company may in its sole
discretion cancel the Transaction and refund the Transaction Price (if
paid) to the Buyer.
Delivery: The time within which the seller is
required to ensure Delivery of the items to the buyer shall be
calculated from the time the seller enters the Dispatch Details on the
Website i.e. within 7 days from entering the Dispatch Details for
delivery within India or such other timeline as may have been agreed
upon between the buyer and seller and intimated on the Website.
Delivery
confirmation: You shall immediately notify the Website upon Delivery or
non-Delivery within the prescribed time period. If you fail to provide
such notification/ confirmation of receipt or non-receipt of an item
within [7] days of expiry of the Delivery time prescribed in the above
clause, it shall be construed as a deemed Delivery in respect of that
Transaction and the Transaction Price shall not be refunded. In case of
Cash on Delivery Transactions, the Company will update the shipment
Delivery status on a periodic basis and the Buyer is not required to
confirm receipt of items.
Refund: You shall be entitled to claim a
refund of the Transaction Price (as your sole and exclusive remedy)
within [7] working days of expiry of the Delivery time (including any
extension thereof) if you do not receive the Delivery within the time
period agreed in the Transaction or within the time period prescribed
herein, whichever is earlier. In the event you do not raise a refund
claim using the Website within the prescribed time you shall be
ineligible for a refund.
Mubarkdeals.com and the seller will be
entitled to recover reasonable compensation for services provided and
costs incurred for shipping, handling, couriering, processing your order
and any other services provided to you If you fail to receive an item
shipped to you on account of providing inadequate or inaccurate shipping
address or your non-availability at the address provided or failure to
make requisite payment at the time of delivery, the Transaction will be
cancelled and the item will be returned to the seller
In cases
where the buyer has received Delivery of the item within the stipulated
time but the item is not as described in the listing, the buyer is
entitled to claim a refund for the entire Transaction Price paid within
[7] working days from the expiry of the Delivery time. If such refund
claim is raised by the buyer, the seller has the option to disagree to
the same, in which case the Company may put the refund claim on hold for
checks and verifications. The Company may contact the Users for the
purposes of verification. As a result of such verification, the refund
claim may either be accepted or rejected by the Company in its sole
discretion which shall not be disputed by the Users. If the refund claim
is accepted then the Transaction Price will be refunded to the buyer.
All
payments for refund of the Transaction Price shall be as follows and in
accordance with the provisions contained herein and applicable laws in
India, particularly the directions issued by the Reserve Bank of India
from time to time for opening and operation of accounts and settlement
of payments for electronic payment transactions involving intermediaries
dated 24 November 2009.
Except for Payment on Delivery
Transaction, refund, if any, shall be made at the same Issuing Bank from
where Transaction Price was received.
For Payment on Delivery
Transactions, refunds, if any, will be made via demand draft in favour
of the Buyer (as per the details provided by the Buyer at the time of
registration with the Website).
Refunds shall only be made in Indian Rupees
For
electronics payments, refund shall be made through the Mubarkdeals pay
Facility using NEFT / RTGS or any other online banking / electronic
funds transfer system approved by Reserve Bank India.
Refund shall be
subject to the buyer complying with the provisions of the User
Agreement and the rules and polices made hereunder and the Company shall
have recourse to such refund in case of any misuse by buyer.
Arrangement
with the Issuing Bank: All online bank transfers from Valid Bank
Accounts are processed using the gateway provided by the respective
Issuing Bank which support the mubarakdeals Pay Facility to provide
these services to the Users.
All Transactions conducted on the
Website for which Valid Cards and Valid Bank Accounts are used for
remittance of payment for Transactions on the mubarakdeals.com Pay
Facility will also be governed by the terms and conditions agreed to
between the buyer and the respective Issuing Bank and payment instrument
issuing company and you shall not violate any such terms and
conditions. You agree to indemnify and hold harmless the Company and its
service providers against any direct or indirect liability that may
arise on account of such violation.