Terms & Conditions

Last update Date: 17th Dec 2014

Welcome to www.myvishal.com!

Vishal E-Commerce Pvt. Ltd. (“VEPL”), a company incorporated under the Companies Act, 1956 with its registered office at Plot No. 184, Platinum Tower, 5th Floor, Udyog Vihar, Phase-I, Gurgaon – 122016, Haryana, is licensed to use and manage website www.myvishal.com.

Domain name www.myvishal.com is owned by TPG Wholesale Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at Plot No. 184, Platinum Tower, 5th Floor, Udyog Vihar, Phase-I, Gurgaon – 122016, Haryana.

VEPL provides access to the Site to you subject to terms and conditions set out as on this page. You must read these terms carefully before using the Site. By accessing the Site and its services, you agree and accept the terms and conditions. In addition to these, you are also bound by terms and conditions applicable for specific services used by you through the Site. YOUR ACCESS OR USE OF THIS SITE OR SERVICES IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.

These terms and conditions do not require any physical or digital signature.

By accessing the services on the Site, you agree to the collection and use of your data by VEPL in the manner provided in Privacy Policy.

YOUR ACCOUNT

You should be competent to contract as per the applicable laws in India to use the Site.

If you are registering as a Seller, you confirm that you are authorized to accept these terms and conditions and have the authority to bind your entity to sellers’ agreement.

Please ensure that you provide us with correct and complete mandatory information when you use the services on the Site. Any changes to the information can be updated in My Account.

You are responsible for maintaining the confidentiality of your account and password and for restricting the access to your computer for preventing any unauthorized access to your account. You are responsible for any activities that occur under your account or password. In case you have reason to believe that your account security has been compromised, you must inform us immediately.

VEPL reserves the right to refuse access to the Site, terminate or suspend accounts, remove or edit content at any time without notice to you.

VEPL reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

PRIVACY

Please review our Privacy Policy which also governs your visit to the Site. Continuing using the Site is your consent and acceptance to terms and conditions and agreement with Privacy Policy and terms and conditions.

ACCESS TO WWW.myvishal.com

We work towards providing you uninterrupted and error-free availability of the Site. Due to nature of internet, this cannot be guaranteed. The Site may be unavailable for some time on account of maintenance or any unforeseen circumstances without prior notice. We cannot be held responsible for any claims material or whatsoever on account of unavailability of access to the Site.

VEPL grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VEPL.

This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without explicit written consent of VEPL.

You may not use any meta tags or any other “hidden text” utilizing myvishal.com names or trademarks without the explicit written consent of VEPL. Any unauthorized use terminates the permission or license granted by VEPL.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of myvishal.com as long as the link does not portray myvishal.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any myvishal.com logo or other proprietary graphic or trademark as part of the link without explicit written consent of VEPL.

PLATFORM FOR BUYERS AND SELLERS

www.myvishal.com is a platform for buyers and sellers interaction for their transactions. VEPL is not and cannot be a party to or control in any manner any transaction between the two users of the Site.

The Site is only a venue through which Users can reach a larger base to buy and sell items or services. VEPL is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the buyer.

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. VEPL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

VEPL does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Site. VEPL does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. VEPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

VEPL does not at any point of time during any transaction between buyer and seller on the Site come into or takes of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. VEPL may provide fulfillment and logistics services to certain sellers but still does not take possession or title of any product or service sold.

At no time shall any right, title or interest over the items vest with VEPL nor shall VEPL have any obligations or liabilities in respect of such contract. VEPL is not responsible for damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

PRODUCTS LISTING, PRICES AND AVAILABILITY

Sellers generally accept the orders under assumption that they have product availability. As sellers process your order, you will be informed by email and/or phone if any product ordered by you is unavailable.

You agree that before placing an order you will 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.

Sellers are required to describe and display items as accurately as possible. There may still be slight variations in items.

There can be a slight difference in the colour which you see on your monitor and the actual colour of the product. There is no guarantee that your monitor’s display of any colour will be accurate.

Sellers are obligated not to charge extra and to refund any difference in already paid amount in case product’s correct price is lower than stated price on the site. In case, a product’s correct price is higher than stated price, sellers, at their discretion, can either contact you for instructions before delivery or cancel your order and notify you of such cancellation and in either of the cases you shall not have any right to claim any cost, penalty, damages etc. from VEPL. While prices do not fluctuate on daily basis, however in such cases, myvishal.com cannot be held responsible for any discrepancy between the article details shared on the site and the actual article supplied by seller.

Sellers reserves the right to offer the discounts and/or promotional offers to any customer of its choice and VEPL shall not be held liable to any customer for not offering the same. The discounts/offers available are at the sole discretion of Sellers and are subject to change / amendment / modification/discontinuation from time to time. All prices are inclusive of taxes, unless stated otherwise. The price of an item does not include the delivery charge, which will depend on the delivery method you choose and the delivery charges as decided by the seller. The rate applicable for the delivery charge will be displayed separately.

BULK BUY POLICY

Seller may restrict quantity per item for a customer to ensure availability of all products to customers.

USE OF LOYALTY POINTS

Loyalty program such as Vishal Loyalty Program (a program owned and managed by Airplaza Retail Holdings Pvt. Ltd.) is offered by sellers to all buyers of the site.

By registering on our site as a buyer, you automatically become a member of this program. As a member, you earn points when you make a purchase from the site. You can also redeem your loyalty points on the site – subject to availability of Redeem Points on site in future. You need to be registered and signed-in for earning or redeeming Loyalty points. Please read ‘Payments’ section in FAQs for more details.

CHARGES

Membership on the Site is free for buyers. VEPL does not charge any fee for browsing and buying on the Site. VEPL reserves the right to change its Fee Policy from time to time. In particular, VEPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event VEPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to VEPL.

SELLING

As a registered seller, you are allowed to list item(s) for sale on the Site in accordance with the Policies which are incorporated by way of reference in this Terms of Use and sellers’ agreement, if signed. You must be legally able to sell the item(s) you list for sale on our Site. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. All listed items must be kept in stock for successful order fulfillment.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Site. VEPL reserves the right to delete such multiple listings of the same product listed by you in various categories.

BUYING

All purchases on the Site are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.

By purchasing on an item you agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) and these terms and conditions so long as those conditions of sale are not in violation of the User Agreement or unlawful.

PAYMENT

1. While availing off any of the payment methods on the Site, VEPL will not assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • a. Lack of Authorization for any transaction, or
  • b. Exceeding the preset limit mutually agreed by You and between Banks, or
  • c. Any payment issue arising out of the transaction, or
  • d. Decline of transaction for any other reason

2. All payments made against the purchases/services on the Site by you will be compulsorily in Indian Rupees acceptable in Republic of India. The Site will not facilitate transaction with respect to any other for of currency with respect to the purchases made on the Site.

3. Before delivery, sellers may request you to provide supporting documents like Government issued identity cards, address proof to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

4. Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render VEPL liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Site.

5. You have specifically authorized VEPL or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through other listed methods to and from other Users in respect of transactions through Payment Facility. Your relationship with VEPL is on a principal to principal basis and by accepting these Terms of Use you agree that VEPL is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Site that are paid for by using the Payment Facility. VEPL does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

6. You understand, accept and agree that the payment facility provided by VEPL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment for the transactions on the VEPL Site using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, VEPL is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

FULFILLMENTS AND SHIPPING

VEPL from time to time may offer certain fulfillment services to sellers; however, sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. At no time, VEPL takes title or ownership of any product or inventory.

HEALTH, ALLERGIES AND SAFETY

We do not sell any prescription drugs or items. By purchasing any item from the Site, you are responsible for checking the labels including but not limited to product constituents and allergy and/or safely declarations.

CANCELLATION, RETURNS AND REFUNDS

Please refer to our Returns and Cancellation policy for details.

Returns and Cancellation Policy Fashion

FEEDBACK AND REVIEWS

Users of the Site may submit feedback, reviews, suggestions, queries, ideas and other content as long as the content is not illegal or abusive, defamatory, obscene, invading privacy, or infringing of intellectual properties rights of third parties, containing virus, chain letters, mass mailing, commercial solicitation, political campaigning or any other form of spam. VEPL reserves the right to moderate reviews, remove reviews or comments from the Site. VEPL reserves the right the right to refuse access or use the Site. VEPL and its affiliate take no responsibility and assume no liability for any comments submitted by you or any third party.

All feedback, comments, reviews and suggestions, ideas submitted or offered to the Site in connection with the use of the Site, shall be the property of VEPL. By posting any content you grant VEPL and its affiliates a non-exclusive, royalty free, irrevocable, perpetual right to use, reproduce, publish, create derivative works, distribute and display such content anywhere in any media.

COMMUNICATIONS

When you visit myvishal.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. VEPL or Sellers may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.

LOSSES

VEPL is not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

INDEMNITY

You agree to defend, indemnify and hold harmless VEPL, its employees, directors, officers, agents and their successors and assigns from 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 your actions or inactions, which may result in any loss or liability to VEPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation 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 User Agreement.

WARRANTIES

VEPL disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose with respect to the Product and other Services provided by it or otherwise made as regards this agreement.

In case of any complaint with respect to consumer durable goods, the same shall be escalated to the manufacturer and not VEPL.

FORCE MAJEURE

VEPL shall not be liable to you for any failure to perform any obligation under any Agreement which is due to an event beyond the control of VEPL including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

DISCLAIMER OF LIABILITY

VEPL shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information or material and information transmitted over our system. In particular, neither VEPL nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, price information or presentation thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

INTELLECTUAL PROPERTY CLAIMS

This site is controlled and operated by VEPL and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights VEPL and its affiliates respect the intellectual property of others. If you have reasons to believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please send email to us at customerservice@myvishal.com. Upon receipt of such communication we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. We may forward this communication to the parties involved in the provision of the allegedly infringing content. You agree to indemnify VEPL for all claims brought by a third party against VEPL arising out of or in connection with the submission of this communication.

GOVERNING LAWS AND JURISDICTION

This Agreement shall be construed in accordance with the applicable laws of India. All legal claims are within the jurisdiction of Gurgaon, India.

SEVERABILITY

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Updates

VEPL can amend these terms on time to time on its discretion. Last updated date is available for you to view along with these terms. You should check the Site frequently for any changes.

If you have any questions on ‘Terms and Conditions’, write to customerservice@myvishal.com

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