PAYMENT, DELIVERY, RETURNS/ ONLINE PURCHASE POLICY
This website www.baniyababu.com is independently operated by Baniyababu Retails Pvt Ltd (BRPL), an India based company. The policy is issued by Baniyababu Retails Pvt Ltd (BRPL) which may be referred to by full name or BRPL By placing an order on this site you are entering into a purchase/sale transaction with Baniyababu Retails Pvt Ltd. The money will be collected by Baniyababu.com. On behalf of Baniyababu Retails Pvt Ltd since BRPL manages the E commerce Store. This applies to all cases where the payment is made by modes other than Cash on Delivery i.e., all credit cards, bank card, debit card, cheque, bank transfer and other payments are to be made to Baniyababu Retails Pvt Ltd.
The terms and conditions are enumerated as follows
www.baniyababu.com or the “Site” means the online shopping portal owned and operated by BRPL which provides a plat to the shoppers to buy the products listed on the site.
“Vendor”/”Seller”/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.baniyababu.com
“Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.
“User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.
Eligibility: You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Termination: Either User/ You or BRPL may terminate the agreement at any time, with or without cause. However, BRPL reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.
Modification of Terms and Conditions: BRPL may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.
Online Shopping Platform: You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
BRPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment the Buyer/ cash on delivery as the case may be, BRPL shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
Product Pricing: Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. BRPL reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer.
Prices are subject to change without advance notice.
All prices on this web site are given in Indian Rupees.
All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and rising of an invoice. You will be billed the prices prevalent during the invoicing of the products.
Our products are liable for VAT in India.
Out of Stock situations: Our endeavor is to ensure that all products listed on the site are available in stock for dispatch to the buyer. However in case this in not available for any reason, we will contact you within 1 business days and give you the option to exchange, delay or cancel the order based on your convenience.
Payment Options: The following modes of payments are available:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card – Swipe on Delivery
b) Visa Debit cards – Swipe on Delivery
c) Cash on Delivery
Your credit card or debit card statements will reflect Baniyababu Retails Pvt Ltd (BRPL). In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format.
To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites
After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section.
In this section you will be asked for address and other contact information as well as payment related information
Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.
Security: Transactions on the website are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 1024-bit process. Any information you enter when transacting with the web store is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind.
Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Suspension due to non-compliance with Agreement: Notwithstanding other legal remedies that may be available to BRPL, BRPL may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site.
· If the User is in breach any of the terms and conditions of this Agreement;
· If the User has provided wrong, inaccurate, incomplete or incorrect initiation;
· If your actions may cause any harm, damage or loss to the other Users or BRPL.
Indemnity :User agrees to defend, indemnify and hold harmless BRPL, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Governing Law and Jurisdiction: This website is created and controlled by BRPL in Pune, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, Maharashtra, India, in all disputes arising out of or relating to the use of the BRPL Sites. Use of the BRPL Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold BRPL, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the BRPL Site.
Intellectual Property Rights: BRPL and other names, graphics, logos, and icons identifying BRPL or its products or services are the proprietary marks of BRPL. These IPR’s may not be used in connection with any product or service that is not offered by BRPL, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BRPL. All other trademarks not owned by BRPL that appear on this site are the property of their respective owners.
Submissions: BRPL welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content you contribute to BRPL or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for BRPL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by BRPL will not infringe upon or violate the rights of any third party.
Shipment of Products: Purchases are shipped from our own or third party warehouses/ stores or offices from various points in Pune, Maharashtra India. Our endeavor is to make the products reach you within 4-8 hours from receipt of order.
Order deliveries will be made usually between 10.30 am – 7 pm Monday –Sunday.
Goods will need to be signed for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order.
Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order
The delivery will NOT be redirected / redelivered to any other address in any circumstance.
The selected product will be delivered only in the city it is mentioned as “available” on this Site.
BRPL shall not be held responsible for damage of products after delivery.
BRPL will contact the customer on the first time & confirm the date, time & address of delivery. If the delivery fails due to following reasons, BRPL will contact the customer 2nd time to deliver goods & levy delivery charges for the second attempt. In case the customer refuses to pay the second time delivery charges, BRPL will refund the entire order money to the Customer.
BRPL will consider the order delivery “failed” in the following cases:
· Delivery not done due to wrong address.
· Recipient not available.
· Premises locked.
In case of floods/ Heavy Rains/ National Bandh we reserve the right to reschedule the delivery for another date.
In case the product is not delivered due to any of the above reasons, we will inform you about the same.
All claims for shortages or damages must be reported to customer service on the day of delivery through the contact us page on the web store. Also the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person.
Delivery Charges: The shipping and handling charges are given at the time of check out and consumers will know about this before making payments
We levy very nominal charges for the delivery of the orders and the delivery charge is based on the order value as per the table below:
|Order value||Delivery charges|
|Rs. 1000 and more||Free Delivery|
|Upto Rs. 1000||Rs. 50|
Product returns: Once products are delivered to you and accepted as accurate and as per the original order, there is no refund or exchange possible.
To return any items that are damaged or expired or not as per your original order, Please return these products to the delivery person along with a remark on the delivery challan. Please contact customer service by email through the contact us link on the website (http://baniyababu.com/contact.php) mention the return of products along with the order number, and the date of delivery.
All returned items must be accompanied by a copy of the original receipt, a return / exchange authorization number and in unopened, saleable condition.
Postage and charges for return of these will not be refunded.
Please note that in any case we cannot offer exchanges or refunds on any sale, opened or used products
Please allow one to three weeks from the day you return your package for your refund request to be processed. You will be contacted once your return is complete.
Disclaimer: “We as a Retailer shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”.
Please also refer to the FAQ section on details of how your products will be delivered.
(http:// Baniyababu.com /faqs.html)
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