Terms of use
This
document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of domain name [www.shazmart.com] (“Website”), including the
related mobile site and mobile application (hereinafter referred to as
“Platform”)
The
Platform is owned by Shazmart India Pvt. Ltd., a company incorporated under the
Companies Act, 1956 with its registered office at #G1, Raja Rajeswar Singha
Palace G.N.B. Road, Silpukhuri Guwahati. Kamrup 781003 Assam, India
(hereinafter referred to as “Shazmart”).
Your
use of the Platform and services and tools are governed by the following terms
and conditions (“Terms of Use”) as applicable to the Platform including the
applicable policies which are incorporated herein by way of reference. If You
transact on the Platform, You shall be subject to the policies that are
applicable to the Platform for such transaction. By mere use of the Platform,
You shall be contracting with Shazmart India Pvt. Ltd. and these terms and
conditions including the policies constitute Your binding obligations, with Shazmart.
For
the purpose of these Terms of Use, wherever the context so requires “You” or
“User” shall mean any natural or legal person who has agreed to become a buyer
on the Platform by providing Registration Data while registering on the
Platform as Registered User using the computer systems. Shazmart allows the
User to surf the Platform or making purchases without registering on the
Platform. The term “We”, “Us”, “Our” shall mean Shazmart India Pvt. Ltd.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, You also accept and agree to be bound by Shazmart Policies ((including but
not limited to Privacy Policy available at Privacy) as amended from time to
time.
Eligibility and Membership
Transaction
on the Platform is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are “incompetent to
contract” within the meaning of the Indian Contract Act, 1872 including
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/
permission of a parent or legal guardian.
As
a minor if you wish to transact on the Platform, such transaction on the
Platform may be made by your legal guardian or parents. Shazmart reserves the
right to terminate your membership and / or refuse to provide you with access
to the Platform if it is brought to Shazmart’s notice or if it is discovered
that You are under the age of 18 years and transacting on the Platform.
Information Collection and Use
For
a better experience while using our Service, we may require you to provide us
with certain personally identifiable information, including but not limited to
: Name including First & Last name, email, address, phone number, postal
code, demographic profile ( age, gender, occupation, address, etc. ), and the
information about the pages on the website you visit/access, the link clicks on
the website, number of times you access the pages and browsing information. The
information that we request is retained on your device or on our secure servers
based on the app / the website. The information collected is used for providing
and improving the service. We will not use or share your information with
anyone except as described in this Privacy Policy. The app does use third party
services that may collect information used to identify you. The terms used in
this Privacy Policy have the same meanings as in our Terms and Conditions,
which is accessible at the website, unless otherwise defined in this Privacy
Policy.
Children’s Privacy
These
Services do not address anyone under the age of 13. we do not knowingly collect
personal identifiable information from children under 13. In the case we
discover that a child under 13 has provided us with personal information, we
immediately delete this from our servers. If you are a parent or guardian and
you are aware that your child has provided us with personal information, please
contact us so that we will be able to do necessary actions.
License & Site Access
Shazmart
grants you limited access and use of the website/ the app and not to download
or modify it or any portion of it, except with a written / electronic consent
from Shazmart. This doesn’t include any resale or commercial use of the
website/ the app or its contents; any collection and use of any product
listings, description, or prices; any derivative use of the website/ the app or
its contents; any downloading or copying or recording any form information
(including any type of media, text, page layout, or form) for any purpose. The
website/ the app or any portion of Shazmart may not be reproduced, duplicate,
copied, sold, resold, visited or otherwise exploited for any commercial purpose
without written / electronic consent from Shazmart. Any unauthorized use
terminates the permission or license granted by Shazmart, severe breach or
disrupting behaviours may attract legal proceedings.
Shipping Policy
We
have same day regular shipping with 3 slots for everyday as mentioned below.
First
Slot – 11am
Second
Slot – 2pm
Third
slot – 5pm
Cut
off time for order are 1 hr prior slot
Express
shipping within 1 hr from the time of order.
Pricing, Quantity & Quality
All
the products listed on the website / the app will be sold at MRP unless
otherwise specified. The price mentioned at time of ordering will be charged
while delivery. The price mentioned is for the quantity and if the billed
product has a higher / lower quantity than the mentioned. The change of price
is billed separately adjusted from or to the cash balance of the Shazmart wallet
account. We have made our best effort to display the true tone of all our
products that appears on the website / the app. However, as the actual tone you
see depends on your monitor and we can’t guarantee the same result over all
monitors, so few of the products delivered may differ from the displayed image.
We are bound to deliver the best quality item in the described quantity, if you
have any issues please contact the customer centre with the proof of evidence
we will make necessary steps to resolve the issues within 48 hours of
submission as replacement or refund based on customer interest. Customers &
Shazmart are only bound to enter into a legal dispute based on who is issuing
an electronic or written ROFR ( Right of First Refusal ) with legit reasons.
Modes of payment
We
accept the payments on these modes : 1, Payments can be made by Credit Cards,
Debit Cards, Net Banking, and reward points. 2, Cash On Delivery 3, Neo
Banking, Shop Now Pay Latter & Wallets Few of these Services may contain
links to other sites. If you click on a third-party link, you will be directed
to that site. Note that these external sites are not operated by us. Therefore,
We strongly advise you to review the Privacy Policy of these websites. We have
no control over, and assume no responsibility for the content, privacy
policies, or practices of any third-party sites or services.
Cancellation
As
a customer, you have the right to cancel your order anytime up to the cut off
time of the slot you have placed an order by cancelling in the website or the
app calling our customer service. In case you made payment for the order, we
will refund the same. Order cancellation in cut off time and at time of
delivery is not entertained, if the delivery is kept delayed customers have the
option to reschedule or cancel the delivery. As a Service provider, we have
sole discretion to cancel any orders suspected with fraudulent transactions or
any order or customers that defy the terms and conditions of using the service.
For accountability we will maintain the data regarding all the negative listed
transactions & customers, if needed will be sharing the same with legal or
concerned entities for further proceedings.
Return & Refunds
We
have a simple and easy replacement policy, our customer can always make a claim
for valid reasons. We make sure we deliver the high quality products to you,
still we expect rare scenarios of dissatisfaction regarding the defects,
damages, freshness, quality, quantity, pricing & packing issues of received
items where customers can report the case within 24 hours to our customer
support team. Since we place customers first, we assure a full refund /
replacement if the customer is not satisfied with the products. In case of
refund, the amount will be credited to the same account or payment made.
Customer Obligations
All
shoppers have to register and login to the website/ the app for managing
accounts and placing the orders on the site. You have to ensure the details
provided are correct and legit to make the services and communication better.
By agreeing to the terms and conditions, the users agree to receive phone
calls, messages, emails, deliverables, gifts and all means of informational
& promotional communication in the details provided. Even if the mobile
number provided is registered under DND/NCPR list under TRAI regulations. And
for that purpose, customers further authorize the Company to share / disclose
the information to any third party service provider or any affiliates, group
companies, their authorized agents or third party service providers. The
customer can opt out the promotional communication either on the “My Account”
or by contacting the customer services. Customers are bound to accept the
orders placed, pay for the same and be at the delivery location to receive the
same. Customers can opt for the contactless delivery with online payment. If a
customer is not available at location necessary arrangements shall be made to
receive the order or they must reschedule / cancel before the cut off time
based on the next availability. In the event of non-delivery of order based on
misinformation or unavailability at delivery time (wrong address, wrong name,
unreported unavailability, call unattended), customer is bound to pay for the
cost incurred by Shazmart, including delivery charge, cost of perishable goods
and others expenses upon the rescheduled delivery. By placing an order,
customers agree to be bound by the accepting the product with condition,
quantity, price included in the product’s description.
Log Data
We
want to inform you that whenever you use our Service, in case of an error in
the app we collect data and information on your phone called Log Data. This Log
Data may include information such as your device’s details, operating system
version, configuration of the app when utilizing our Service, the time and date
of your use of the Service, and other statistics.
Cookies
Cookies
are files with a small amount of data that is commonly used as an anonymous
unique identifier. These are sent to your browser from the website that you
visit and are stored on your device’s internal memory. This Service does not
use these “cookies” explicitly. However, the app may use third party code and
libraries that use “cookies” to collect information and to improve their
services. You have the option to either accept or refuse these cookies, and
know when a cookie is being sent to your device. If you choose to refuse our
cookies, you may not be able to use some portions of this Service.
Security
We
value your trust in providing us your Personal Information, thus we are
striving to use commercially acceptable means of protecting it. But remember
that no method of transmission over the internet, or method of electronic
storage is 100% secure and reliable, and we cannot guarantee its absolute
security.
Updates
to This Privacy Policy
Shazmart
may update the Terms & Conditions of use of the website / the app from time
to time. Thus, you are advised to review this page periodically for any
changes. In the event the updated terms & conditions are not acceptable to
you, you may discontinue using the service, However if you continue to use the
services, you shall be deemed to have agreed to accept and continue with the
updated Terms & Conditions. The changes are effective immediately, after
they are posted on this page.
Governing
Law & Jurisdiction
This
User Agreement shall be construed in accordance with the applicable laws of
India. The Courts at Guwahati shall have exclusive jurisdiction in any
proceedings arising out of this agreement. Any dispute or difference either in
interpretation or otherwise, of any terms of this User Agreement between the
parties hereto, the same shall be referred to an independent arbitrator who
will be appointed by Shazmart and his decision shall be final and binding on
the parties hereto. The above arbitration shall be in accordance with the
Arbitration and Conciliation Act, 1996 as amended from time to time. The
arbitration shall be held in Guwahati. The High Court of judicature at Guwahati
alone shall have the jurisdiction and the Laws of India shall apply.
Copyright
& Trademark
Shazmart,
its suppliers and licensors expressly reserve all intellectual property rights
in all text, programs, products, processes, technology, content and other
materials, which appear on this Site. Access to this Website does not confer
and shall not be considered as conferring upon anyone any license under any of Shazmart
or any third party’s intellectual property rights. All rights, including
copyright, in this website are owned by or licensed to Shazmart. Any use of
this website or its contents, including copying or storing it or them in whole
or part, other than for your own personal, non-commercial use is prohibited
without the permission of Shazmart. You may not modify, distribute or re-post
anything on this website for any purpose. The names and logos and all related
product and service names, design marks and slogans are the trademarks or
service marks of Shazmart, its affiliates, its partners or its suppliers. All
other marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials contained on
this Site. Access to this Site does not authorize anyone to use any name, logo
or mark in any manner.
Indemnity
Customers
agree to indemnify, defend and hold harmless Shazmart, the Website, the App,
its employees, directors, investors and their successors and assigns from and
against any and all claims, damages, liabilities, losses, costs and expenses,
including attorney’s fees caused by or arising out of claims based on customers
actions and inaction, which may results in any loss or liability to Shazmart or
any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfilment of any of
customers obligations under this Terms & Condition or arising out of the
customers violation of any applicable laws, regulations including but not
limited to intellectual property rights, payment or statutory dues, taxes,
claim of libel, defamation, violation of rights of privacy or publicity, loss
of service by other customers and infringement of intellectual property or
others rights. This clause shall survive the expiry or termination of this user
agreement.
Termination
These
Terms & Conditions are effective until and unless any of the parties
terminate the User Agreement. Customers may terminate this User Agreement at
any time, provided that customer discontinue any further use of this site and
its service. Shazmart may terminate these Terms & Conditions at any time
and may do so immediately without notice and accordingly deny customer access
to site, Such termination will be without any liability to Shazmart. Upon any
termination of the User Agreement by either customer or Shazmart, Customer must
promptly destroy all materials downloaded or obtained from the website / the
app, as well as all copies of such materials whether made under the User
Agreement or otherwise. Shazmart’s right to any comments shall survive any
termination of this User Agreement. Any such termination of the User Agreement
shall not cancel your obligation to pay for the products already ordered from
the website or any effective liability that may have arisen with the third
party under this User Agreement.
Contact
Us
To
request to review or update your personal information or to otherwise reach us,
please submit a request by email at support@shazmart.com. We will respond to
you within 7 days.