Welcome to Banda Mart Retail Pvt Ltd. By using our e-commerce grocery delivery app, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.
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 www.bandamart.com/.in/ .live website.
The domain name www.bandamart.com/.in/ .live (hereinafter referred to as the “Website”)
is owned by bandamart retail private limited, a company incorporated under the
Companies Act, 1956 and having its registered office at civil line , Ground Floor, A- Awas Vikas, Kanpur Road, Block, Corporation Ward No. 48, Awas Vikas, Banda- 210001, Uttar Pradesh, India (hereinafter referred to as “bandamart”).
Your use of the Website and the Services and Tools is governed by the following terms and conditions (“Terms of Use”) applicable to the Website, including applicable policies which
are incorporated herein by reference. If you transact on the website, You will be subject to the policies that apply to the Website for such transactions. By mere use of the Website, you will enter into a contract with bandamart retail pvt ltd and these terms and conditions including the policies are your binding obligations to bandamart.
For the purpose of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person who purchases the Website, Application by providing registration data while registering on the Website, Application. Has agreed to become. As a registered user using the computer system. bandamart allows the user to surf the website, application or make purchases without registering on the website, application. The terms “we”, “us”, “our” shall mean bandamart retail private limited.
When you use any services provided by us through the Website and Application, including but not limited to (e.g. product reviews, seller reviews), you agree to be bound by the rules, guidelines, policies applicable thereto. , will be subject to the terms and conditions. service, and they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at Our sole
discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these
Terms of Use
periodically for updates /changes. Your continued use of the Website,application following
the posting of changes will mean that You accept and agree to the revisions. As long as You
comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Website, application.
Accessing, browsing or otherwise using the Site or Application 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 implicitly or explicitly accepting these Terms of Use, you also accept and agree to be bound by the bandmart policies ((including but not limited to the Privacy Policy available at /s/privacypolicy)) as amended from time to time.
Agree to Membership Eligibility
Use of the Website, application 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 minors, un-discharged insolvents etc. are not eligible to use
the Website and application . If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Bandamart website, application and shall not transact on or use the website and
application. As a minor if you wish to use or transact on website and application , such use or
transaction may be made by your legal guardian or parents on the application and Website.
Bandamart reserves the right to terminate your membership and / or refuse to provide you with
access to the Website and application if it is brought to Bandamart’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration
Obligations If You use the Application and Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under
your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in accordance with the this
Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your
membership on the Website or application and refuse to provide You with access to the Application Website.
Communications
When You use the Application Website or send emails or other data, information or communication
to us, You agree and understand that You are communicating with Us through electronic records and
You consent to receive communications via electronic records from Us periodically and as and when
required. We may communicate with you by email or by such other mode of
communication, electronic or otherwise.
Platform for Transaction and Communication
The Application and Website is a platform that Users utilize to meet and interact with one another for their transactions. Bandamart is not and cannot be a party to or control in any manner any transaction between the Application and Website’s Users.
Henceforward:
- 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. Bandamart 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. - Bandamart does not make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on
the Application Or Website. Bandamart does not implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Application Or Website. Bandamart accepts no liability
for any errors or omissions, whether on behalf of itself or third parties. - Bandamart is not responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. Bandamart cannot and does not guarantee that the concerned Buyers
and/or Sellers will perform any transaction concluded on the Application Or Website. Bandamart
shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and
Sellers. - Bandamart does not make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the
bona fides of any particular User that You choose to deal with on the Website and use Your best
judgment in that behalf. - Bandamart does not at any point of time during any transaction between Buyer and Seller on the
Application or Website come into or take possession of any of the products or services offered by
Seller nor does it at any point gain title to or have any rights or claims over the products or services
offered by Seller to Buyer. - At no time shall Bandamart hold any right, title or interest over the products nor shall Flipkart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
Bandamart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. - The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Bandamart 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.
At no time shall Bandamart hold any any right, title or interest over the products nor shall Bandamart
have any obligations or liabilities in respect of such contract.
Bandamart is not responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back ordered. - 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 or application 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). - You release and indemnify Bandamart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website or
application and specifically waive any claims that you may have in this behalf under any applicable law. - Notwithstanding its reasonable efforts in that behalf, Bandamart cannot take responsibility or
control the information provided by other Users which is made available on the Application or
Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate,
or deceptive. Please use caution and practice safe trading when using the Website Or Application. - Please note that there could be risks in dealing with underage persons or people acting under false pretence.
- Charges
Membership on the Website or Application is free for buyers. Bandamarrt does not charge any fee for browsing and buying on the Website Or Application. Bandamart reserves the right to change its
Fee Policy from time to time. In particular, Bandamart may at its sole discretion introduce new
services and modify some or all of the existing services offered on the Application or Website. In
such an event Bandamart 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 Website or Application and such changes shall automatically become effective
immediately after they are posted on the Application or Website. 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 Bandamart retail Private Limited. - Use of the Website Or Application
You agree, undertake and confirm that Your use of Website or application shall be strictly governedy
the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information
which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent
representation of women” within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any
group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or
“spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s
name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright
complaint” below for instructions on how to lodge a complaint about uploaded copyrighted
material), such as providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated
music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked
to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or
solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to
profiles, blogs, communities, account information, bulletins, friend request, or other areas of the
Website and application or solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual”
products related to the Application Or Website. Throughout this Terms of Use, Bandamart’s prior
written consent means a communication coming from Bandamart’s Legal Department, specifically
in response to Your request, and specifically addressing the activity or conduct for which You
seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is
or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User
and enjoyment of similar services;
(r) refers to any Application or website or URL that, in Our sole discretion, contains material that is
inappropriate for the Website or any other website, contains content that would be prohibited or
violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets
or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system,
data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the
dealing of which is prohibited or restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our
internet service provider (“ISPs”) or other suppliers; - You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Application or Website or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website and application or any Content,
to obtain or attempt to obtain any materials, documents or information through any means not
purposely made available through the Website. We reserve Our right to bar any such activity. - You shall not attempt to gain unauthorized access to any portion or feature of the Application Or
Website, or any other systems or networks connected to the Website and Application or to any
server, computer, network, or to any of the services offered on or through the Application, Website,
by hacking, password “mining” or any other illegitimate means. - You shall not probe, scan or test the vulnerability of the Website and Application or any network
connected to the Website Or application nor breach the security or authentication measures on the Website and Application or any network connected to the Website and application. You may not
reverse look-up, trace or seek to trace any information on any other User of or visitor to Website and application, or any other customer, including any account on the Website and application not owned
by You, to its source, or exploit the Website or any service or information made available or offered
by or through the Website and application, in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, other than Your own information,
as provided for by the Website and Application. - You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us
or the brand name or domain name used by Us including the terms bandamart, banda, Digimart,
Bandacart, bandamart.com, or otherwise engage in any conduct or action that might tarnish the
image or reputation, of Bandamart or sellers on platform or otherwise tarnish or dilute any
Bandamart’s trade or service marks, trade name and/or goodwill associated with such trade or
service marks, trade name as may be owned or used by us. - You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the
Website and Application or Bandamart’s systems or networks, or any systems or networks
connected to Bandamart. - You agree not to use any device, software or routine to interfere or attempt to interfere with the
proper working of the Website and Application or any transaction being conducated on the Website
and Application or with any other person’s use of the Application and Website. - You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal You send to Us on or through the Application and Website or any service
offered on or through the Application and Website. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity. - You may not use the Application and Website or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of Bandamart and / or others. - You shall at all times ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange
Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income
Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our
service and Your listing, purchase, solicitation of offers to purchase, and sale of products or
services. You shall not engage in any transaction in an item or service, which is prohibited by the
provisions of any applicable law including exchange control laws or regulations for the time being
in force. - Solely to enable Us to use the information You supply Us with, so that we are not violating any
rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, database rights or any other rights You have in Your Information, in any media
now known or not currently known, with respect to Your Information. We will only use
Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the
Application and Website. - From time to time, You shall be responsible for providing information relating to the products or
services proposed to be sold by You. In this connection, You undertake that all such information
shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such
products or services so as to mislead other Users in any manner. - You shall not engage in advertising to, or solicitation of, other Users of the Application
and Website to buy or sell any products or services, including, but not limited to, products or
services related to that being displayed on the Application and Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to other Users via the Application
and Website. It shall be a violation of these Terms of Use to use any information obtained from the
Website and Application in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In
order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the
number of messages or emails which a user may send to other Users in any 24-hour period which
We deems appropriate in its sole discretion. You understand that We have the right at all times to
disclose any information (including the identity of the persons providing information or materials on
the Application and Website) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the information
in connection with investigation of alleged illegal activity or solicitation of illegal activity or in
response to a lawful court order or subpoena. In addition, We can (and You hereby expressly
authorize Us to) disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Application and
Website. Bandamart shall have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE
MATERIALS YOU POST ON THE WEBSITE and Application AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect Bandamart views. In no
event shall Bandamart assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance of Content on the
Application and Website. You hereby represent and warrant that You have all necessary rights in and
to all Content which You provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any libellous, tortious, or
otherwise unlawful information. - Your correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Application and Website, including payment and delivery of related products
or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between You and such advertiser. We shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Website and Application. - It is possible that other users (including unauthorized users or “hackers”) may post or transmit
offensive or obscene materials on the Website Or Application and that You may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others to obtain personal
information about You due to your use of the Website Or Application, and that the recipient may use
such information to harass or injure You. We does not approve of such unauthorized uses, but by
using the Website or Application You acknowledge and agree that We are not responsible for the use
of any personal information that You publicly disclose or share with others on the Application or
Website. Please carefully select the type of information that You publicly disclose or share with
others on the Application Or Website. - Bandamart shall have all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music
and artwork (collectively, “Content”), is a third party user generated content and Bandamart has no
control over such third party user generated content as Bandamart is merely an intermediary for the
purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Application or Website and no
Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server,
Website, Application or other medium for publication or distribution or for any commercial
enterprise, without Bandamart’s express prior written consent.
You may use information on the products and services purposely made available on the Website and
Application for downloading, provided that You (1) do not remove any proprietary notice language in
all copies of such documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked computer or
broadcast it in any media, (3) make no modifications to any such information, and (4) do not make
any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or information posted or
transmitted to the Website and Application collectively, “Content”). Such Content will become Our
property and You grant Us the nationwide, perpetual and transferable rights in such Content. We
shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law,
use the Content or any of its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or hereafter devised,
including the creation of derivative works that may include the Content You provide. You agree that
any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct
on Site as mentioned herein, and You are not entitled to any payment or other compensation for
such use.
Privacy We view protection of Your privacy as a very important principle. We understand clearly that You and
Your Personal Information is one of Our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined under the Information
Technology Act, 2000), if any, on computers that may be protected by physical as well as
reasonable technological security measures and procedures in accordance with - Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at
/s/privacypolicy. If You object to Your Information being transferred or used in this way please do
not use Application and Website. - We and our affiliates will share / sell / transfer / license / covey some or all of your personal
information with another business entity should we (or our assets) plan to merge with or are
acquired by that business entity, or re-organization, amalgamation, restructuring of business or for
any other reason whatsoever. Should such a transaction or situation occur, the other business entity
or the new combined entity will be required to follow the privacy policy with respect to your personal
information. Once you provide your information to us, you provide such information to us and our
affiliate and we and our affiliate may use such information to provide you various services with
respect to your transaction whether such transaction are conducted on www.bandamart.com or with third party merchant’s or third party merchant’s Application and website.
Disclaimer of Warranties and Liability
This Application and Website, all the materials and products (including but not limited to software)
and services, included on or otherwise made available to You through this site are provided on “as is”
and “as available” basis without any representation or warranties, express or implied except
otherwise specified in writing. Without prejudice to the forgoing paragraph, Bandamart does not
warrant that:
- This Application and Website will be constantly available, or available at all; or
- The information on this Application and Website is complete, true, accurate or non-misleading.
Bandamart will not be liable to You in any way or in relation to the Contents of, or use of, or
otherwise in connection with, the Application and Website. Bandamart does not warrant that this
site; information, Content, materials, product (including software) or services included on or
otherwise made available to You through the Application and Website; their servers; or electronic
communication sent from Us are free of viruses or other harmful components.
Nothing on Website and Application constitutes, or is meant to constitute, advice of any kind. All the
Products sold on Application and Website are governed by different state laws and if Seller is unable
to deliver such Products due to implications of different state laws, Seller will return or will give
credit for the amount (if any) received in advance by Seller from the sale of such Product that could
not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Application and
Website. By registering Your phone number with us, You consent to be contacted by Us via phone
calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will
not use your personal information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to list item(s) for sale on the Application and Website in
accordance with the Policies which are incorporated by way of reference in this Terms of Use. You
must be legally able to sell the item(s) you list for sale on our Application and Website. 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 Application and Website. All listed items must be kept in stock for
successful fulfilment of sales.
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 Application and Website. Bandamart reserves
the right to delete such multiple listings of the same product listed by you in various categories.
Services
Payment
While availing any of the payment method/s available on the Application and Website, we will not be
responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or
indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Application and Website by you shall
be compulsorily in Indian Rupees acceptable in the Republic of India. Application and Website
will not facilitate transaction with respect to any other form of currency with respect to the
purchases made on Application and Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and 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.
Further: - Transactions, 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 Bandamart liable or responsible for the nondelivery, 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
Bandamart’s Application and Website. - You have specifically authorized Bandamart or its service providers to collect, process, facilitate
and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and
from other Users in respect of transactions through Payment Facility. Your relationship with
Bandamart is on a principal to principal basis and by accepting these Terms of Use you agree
that Bandamart is an independent contractor for all purposes, and does not have control of or
liability for the products or services that are listed on Bandamart’s Application and Website that are
paid for by using the Payment Facility. Bandamart does not guarantee the identity of any User nor
does it ensure that a Buyer or a Seller will complete a transaction. - You understand, accept and agree that the payment facility provided by Bandamart is neither a
banking nor financial service but is merely a facilitator providing an electronic, automated online
electronic payment, receiving payment through Cash On Delivery, collection and remittance facility
for the Transactions on the Bandamart Application and Website using the existing authorized
banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment
Facility, Bandamart is neither acting as trustees nor acting in a fiduciary capacity with respect to the
Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and /or services from the
Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing
Bank to the Seller using Payment Facility. - You, as a Buyer, may agree with the Seller through electronic communication and electronic
records and using the automated features as may be provided by Payment Facility on any extension
/ increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such
extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation
of the Transaction should be in compliance with Payment Facility Rules and Policies. - You, as a Buyer, shall electronically notify Payment Facility using the appropriate Bandamart
Application and Website features immediately upon Delivery or non Delivery within the time period
as provided in Policies. Non notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In
case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or
services. - You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time period agreed in the
Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do
not raise a refund claim using Application and Website features within the stipulated time than this
would make You ineligible for a refund. - You, as a Buyer, understand that the Payment Facility may not be available in full or in part for
certain category of products and/or services and/or Transactions as mentioned in the Policies and
hence You may not be entitled to a refund in respect of the Transactions for those products and
/or services - Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank
from where Transaction Price was received. - For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the
Buyer (As per registration details provided by the Buyer) - Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price
received in Indian Rupees. - For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any
other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). - Refund shall be conditional and shall be with recourse available to Bandamart in case of any
misuse by Buyer. - Refund shall be subject to Buyer complying with Policies.
- Bandamart reserves the right to impose limits on the number of Transactions or Transaction Price
which Bandamart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial instrument directly or indirectly through
payment aggregator or through any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment or by an individual Buyer during
any time period, and reserves the right to refuse to process Transactions exceeding such limit. - Bandamart reserves the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by Buyer with
Bandamart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any
policy. - Bandamart may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security
or other reasons at the discretion of Bandamart. As a result of such check if Bandamart is not
satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it
will have the right to reject the receipt of / Buyers commitment to pay Transaction Price. - Bandamart may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if
Bandamart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of
the Transaction and Transaction Price. In addition, Bandamart may hold Transaction Price and
Bandamart may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials
(instead of refunding the same to Buyer) at the request of law enforcement officials or in the event
the Buyer is engaged in any form of illegal activity. - The Buyer and Seller acknowledge that Bandamart will not be liable for any damages, interests or
claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing
a Transaction/Transaction Price which is beyond control of Bandamart.
Compliance with Laws: - Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications issued there under and the
Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs
Act, Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under,
Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961
and the rules made there under, Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and Bandamart Application and Website.
Buyer’s arrangement with Issuing Bank: - All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit
Card payment gateway or appropriate payment system infrastructure and the same will also be
governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank
and payment instrument issuing company. - All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided
by the respective Issuing Bank which support Payment Facility to provide these services to the
Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and
conditions agreed to between Buyer and the respective Issuing Bank.
Wallet
The Wallet (“Wallet”) is a pre-paid payment instrument which is associated with your Website and
Application account. You can maintain a balance of money with such specific Seller (if permitted),
and redeem it at your convenience. Please note that Seller will be the issuer of wallet and Seller shall
be responsible for redeeming the money lying to your credit of your wallet account and Bandamart
does not assume any risk, liability or responsibility with respect to wallet money.
Seller will not pay any interest on the amount maintained by you in your Seller specific Wallet.
Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will
be able to recharge your Wallet up to an amount of ₹10,000 in one instance. There is no need to
maintain a minimum balance.
Refund of Wallet Amount: Your Wallet comprises of three types of balances – Store credit (which is a
credit granted by Us typically in lieu of a cancelled order), Topped-up balance (which is a prepaid
amount that You added to the Wallet to pay for future orders on the Application and Website) and
Promotional balance (which is credit granted by Us purely for promotional or goodwill purposes).
Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will
be non-refundable while Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Bandamart will be liable for any money lying to your credit in
wallet, any special, incidental, indirect or consequential damages or losses of any kind, arising from
the use of Wallet or association with the Wallet.
Replacement Guarantee*
Terms and conditions apply*
Digital Content: Music
Music (MP3 format): Only certain short listed Seller (at the sole discretion of Bandamart) shall be
entitled to sell Music (MP3 format) on the Application and Website. You may be able to purchase
DRM-free digital music in MP3 file format on the Application and Website from the respective
Sellers. Such MP3 music files shall be provided to You as per selection provided by Seller, subject to
certain limitations as described by the Seller. You shall be granted specified download rights of
DRM-free MP3 music files from the catalogue of MP3 music displayed on the Application and
Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and
certain other premium features, as may be provided on the Application and Website by respective
Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3 music only through the Website
and Music Application as may be made available from time to time on the Website, only within the
territory of India.
Rights Granted: Music download right is a non-exclusive, non-transferable right to use for your
personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.
You may copy, store, transfer and burn the MP3 music file only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and
agree that You will use the MP3 music file only for your personal, non-commercial, entertainment
use and not for any redistribution of the same or other use restricted in this Section. You agree not
to infringe the rights of the copyright owners and to comply with all applicable laws in your use of
the MP3 music file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, license or otherwise transfer or use MP3 music file. - You are not
granted any synchronization, public performance, promotional use, commercial sale, resale,
reproduction or distribution rights for MP3 music file. You acknowledge that the MP3 music file embodies the intellectual property of a third party and is protected by law. - Explicit Consent: You agree that we shall have no liability to You for MP3 music file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Website
currently.
All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3
music files are final. Returns of MP3 music files are not permissible on website. Once You have
purchased MP3 music files, Bandamart encourages You to download it promptly. If You are unable
to complete a download, please contact customer service within 6 hours of the payment. - Further Bandamart assumes no liability if your media player does not support the file format made available by the Seller on the Application and Website or your browser does not support the music download application / software available by the Seller on the Website, by whatever name called.
- You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded,including any loss due to a computer or hard drive crash.
Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without
notice.
Intellectual Property Rights: It is hereby specifically recorded that the copyright and other
Intellectual Property in the music available on the Website and Application is the sole and exclusive
property of third parties. Seller represents and warrants that Sellers are authorized by such third
parties to upload the music on the Website or Application for license of use to the end customers.
Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include
copyrights whether registered or not, patents including rights of filing patents, trademarks, trade
names, trade dresses, house marks, collective marks, associate marks and the right to register them,
designs both industrial and layout, geographical indicators, moral rights, broadcasting rights,
displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing
rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a
result of domain names, internet or any other right available under applicable law shall vest in the
domain of Bandamart as the owner of such domain name. The Parties hereto agree and confirm that
no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User
and any intellectual property rights arising as a result of these presents shall also be in the absolute
ownership, possession and Our control or control of its licensors, as the case may be.
Your request to download a MP3 music file is personal to You, and the track may not be used, sold,
rented, transferred, licensed or otherwise provided to any other User. The license to downloaded
tracks includes only those rights explicitly stated herein (typically, the right to play back for your own
personal use from your personal computer, CD player, digital player, or other personal
consumer electronic device), and, for the avoidance of doubt, does not include the right to create a
derivative work, to make copies other than for your own personal use, or to use the track in any
commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized
use or infringement.
Software: Seller may make available to You, from time to time, software for Your use in connection
with the download of MP3 music files (any and all such software, individually and collectively, the
“Software”).
You may use the Software only in connection with the download of MP3 music files on the Website.
You may not separate any individual component of the Software for use other than in connection to
the download, may not incorporate any portion of it into Your own programs or compile any portion
of it in combination with your own programs, may not transfer it for use with another service, or use
it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license
the Software or otherwise assign any rights to the Software in whole or in part. Seller may
discontinue some or all of any Software Seller provide, and Seller may terminate your right to use
any Software at any time and in such event may modify it to make it inoperable.
Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no
event shall Our or software licensors’ total liability to You for all damages arising out of or related to
your use or inability to use the Software and / or download manager or any other application exceed
the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers’ total liability to You
for all damages arising from your use of the Service, the Digital Content, or information, materials or
products included on or otherwise made available to You through the Service (excluding the
Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: eBooks
ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the
Bandamart Website and the application. Such ePub files shall be provided to you as per your
selection, subject to certain limitations as described herein. You shall be granted specified download
rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Website.
Download rights: You will need to be registered with Bandamart to make an ebook purchase. The
eBooks which you purchase from the Bandamart Website or application shall be added in your
Bandamart eBooks library from where you can download the eBooks onto your device(/s). Each
downloaded ebook is locked to the User account and the downloader device. These downloaded
eBooks cannot be transferred onto other devices. Each device used by you will have to be synced
with your online eBooks library. You can sync a maximum of six(6) devices against your user
account. You can download the eBooks to your mobile or tablet devices for offline reading and can
read the eBooks using the Application only.
Territory: Currently you can purchase downloadable eBooks only through the Website and
Application as may be made available from time to time on the Website, only within the territory of
India. You have to be within the Indian Territory to even download the already purchased files from
your Bandamart eBooks library.
DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain
permissions. The Bandamart DRM specifications restrict the following permissions:
Default Restrictions Bandamart Settings
Printing Not Allowed
Copying Not Allowed
Side-Loading (from one device to other) Not Allowed
e-mailing Not Allowed
Saving Images Not Allowed
Read out aloud Not Allowed
Number of distinct devices for file
downloading
Allowed (Six)
Social media sharing 140 word
Indemnity
You shall indemnify and hold harmless Bandamart, its owner, licensee, affiliates, subsidiaries, group
companies (as applicable) and their respective officers, directors, agents, and employees, from any
claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty
imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies,
or Your violation of any law, rules or regulations or the rights (including infringement of intellectual
property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of
India. The place of jurisdiction shall be exclusively in Banda, uttarpradesh.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website and Application is presented solely for the
purpose of sale in India. Bandamart make no representation that materials in the Website and
Application are appropriate or available for use in other locations/Countries other than India. Those
who choose to access this site from other locations/Countries other than India do so on their own
initiative and Bandamart is not responsible for supply of products/refund for the products ordered
from other locations/Countries other than India, compliance with local laws, if and to the extent local
laws are applicable.
Trademark, Copyright and Restriction
This site and Application is controlled and operated by Bandamart and products are sold
by respective Sellers. All material on this Application and site, including images, illustrations, audio
clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
Material on Application and Website is solely for Your personal, non-commercial use. You must not
copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by
email or other electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner, modification of the materials,
use of the materials on any other website or networked computer environment or use of the
materials for any purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited. Any use for which You receive any
remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
Bandamart respects the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to Bandamart at info@bandamart.com or ss@bandamart.com.
Product Description
Bandamart we do not warrant that Product description or other content of this Application and
Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL BANDAMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF
USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Website.
Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Ms. Geetika aggarwal
Designation: Director
Bandamart retail Private Limited
Civil line
Ground floor Block ‘A’ Awas Vikas colony,
Banda,
Banda District,
Uttarpradesh, India, 210001.
Emai: bandamartretail@gmail.com
POLICIES
Profanity Policy
Bandamart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a
public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another
User may view. If the profane words are part of a title for the item being sold, we allow Sellers to
‘blur’ out the bulk of the offending word with asterisks (i.e., s* or f*).
Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email
communication between Users in relation to transactions conducted on Website and Application
contain profanity, please review Our feedback removal policy and submit a request for
action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary
suspension, or a formal warning.
Bandamart will consider the circumstances of an alleged policy violation and the user’s trading
records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
Replacement Guarantee*
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on
the Application and Website. If at the time of delivery and/or within specified days from the date of
delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for
replacement of the product/s from the seller.
If Bandamart has suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false, misleading or not genuine, then
Bandamart may while reserving its rights to initiate civil and/or criminal proceedings against User
may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer
and seller and /or disqualify that User and any related Users from availing protection through this
program.
Bandamart reserves its right to initiate civil and/or criminal proceedings against a User who, files a
invalid and/or false claims or provides false, incomplete, or misleading information. In addition to
the legal proceedings as aforesaid, bandamart may at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such User and/or disqualify that
User and any related Users from availing protection through this program. Any person who,
knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false,
incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to
the fullest extent of the law.
For more details related to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the
Seller on the bandamart Application and website. Following situations may arise: - Item was defective
- Item was damaged during the Shipping
- Products was / were missing
- Wrong item was sent by the Seller.
Return could also result in refund of money in most of the cases.
Points to be noted: - Seller can always accept the return irrespective of the policy.
- If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection
Program*.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer
orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer need to raise the refund request within 1 days from the date of payment realization. Once
Buyer has raised a return request by contacting Us on Our Number, Seller while closing the return
ticket can select one of the following: - Replace after shipment collection – Seller has agreed to wait for the logistics team to collect
the shipment from the buyer before replacing it) - Refund after shipment collection – Seller has agreed to wait for the logistics team to collect
the shipment from the buyer before refunding) - Refund without shipment collection – Seller has agreed to refund the buyer without expecting
the original shipment back) - Replace without shipment collection – Seller has agreed to replace the order without
expecting the original shipment back) - On certain select days as specified by bandamart (such as ‘The Big discount Day’) separate
policies may be applicable.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the
product and then the refund shall be credited to the Buyers account.
In case the Seller doesn’t close the ticket in 3 days from the date of intimation to the Seller about the
refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs
to be ensured by the Buyer:
Category Condition
Electronics Should be included
Clothing and Footwear Should be “New & Unworn” (other than for trial)
Beauty, Health & Personal Care Should be “New & Unopened”
Sports & Equipment Should be “New” and returned with original packaging
Office Products Should be “New” and returned with original packaging
Jewellery Should be “New” and returned with original packaging
If the product being returned is not in accordance with the above parameters, then Buyer shall not be
entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Replacement
Definition: Replacement is the action or process of replacing something in place of another. A Buyer
can request for replacement whenever he is not happy with the item, reason being Damaged in
shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted: - Seller can always accept the return irrespective of the policy.
- If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection
Program*.
Buyer need to raise the replacement request within 1 days from the date of delivery of products.
Once Buyer has raised a replacement request by contacting Us on the Number provided on the
Website. Once the replacement request has been raised, the following steps shall be followed: - Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
- Shipping was damaged
- Item was defective
- Item Dead on Arrival
- Item(s) were missing
- Wrong item sent
- An intimation shall be provided to Seller seeking either “approval” or “rejection” of the replacement
request. - In case the Seller accepts the replacement request, Buyer shall be required to return the product to
the Seller and only after return of the product, Seller shall be obliged to provide the replacement
product to the Buyer. - Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to
ss@bandamart.com.
In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer
shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be
required to be complied with in cases of replacement.
If the Seller doesn’t respond to the Buyer’s replacement request, within three (1) days from the date
of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller
shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Bandamart. However there may be some cases
where both the Buyers and Sellers may face issues. At Bandamart, we have a Dispute Resolution
process in order to resolve disputes between Buyers and Sellers.
What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website and application.
How does a ‘dispute’ occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out
of an issue that is raised by either party not being completely satisfied with the resolution of their
complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue.
Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold
immediately until the issue is resolved.
How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can write to dispute.bandamart@gmail.com, while the
Seller can write to ss@bandamart.com, in order to raise a dispute. Disputes can be raised at a
particular transaction level.
What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes: - Wrong item received
- Item Not as described
- Damaged or Seal broken on Product
- Part/Accessory missing
- Item not Compatible
- Seller Description/Specification Wrong
- Defective (Functional issues)
- Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then bandamart
will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in
favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is
settled in favour of the Seller, Buyer is entitled to any refund.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Bandamart. Bandamart
encourages its Users to be professional, courteous and respectful when communicating by email.
However, bandamart will investigate and can take action on certain types of unwanted emails that
violate Bandamart policies.
Such instances:
Threats of Bodily Harm – Bandamart does not permit Users to send explicit threats of bodily harm.
Misuse of Bandamart System – bandamart allows Users to facilitate transactions through the
bandamart system, but will investigate any misuse of this service.
Spoof (Fake) email – Bandamart will never ask you to provide sensitive information through email. In
case you receive any spoof (fake) email, you are requested to report the same to Us through
‘Contact Us’ tab.
Spam (Unsolicited Commercial email) – Bandamart’s spam policy applies only to unsolicited
commercial messages sent by Bandamart Users. Bandamart Users are not allowed to send spam
messages to other Users.
Offers to Buy or Sell Outside of Bandamart – Bandamart prohibits email offers to buy or sell listed
products outside of the Bandamart Website and Application. Offers of this nature are a potential
fraud risk for both Buyers and Sellers.
Bandamart policy prohibits user-to-user threats of physical harm via any method including, phone,
email and on Our public message boards.
Violations of this policy may result in a range of actions, including: - Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Other Businesses
Bandamart does not take responsibility or liability for the actions, products, content and services on
the Application and Website, which are linked to Affiliates and / or third party websites using
Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of
Our affiliated companies and certain other businesses for which, Bandamart assumes no
responsibility for examining or evaluating the products and services offered by them. Bandamart do
not warrant the offerings of, any of these businesses or individuals or the content of such third party
website(s). Bandamart does not endorse, in any way, any third party website(s) or content thereof.
Bandamart Infringement Verification (BIV) – Reporting Listing Violations
Bandanart has put in place Bandamart Infringement Verification process so that intellectual property
owners could easily report listings that infringe their rights. It is in Bandamart’s interest to ensure
that infringing products are removed from the site, as they erode Buyer and good Seller trust. - If you are a Verified Rights Owner and want to report a listing issue, see Bandamart’s
BIV. Note: Only the intellectual property rights owner can report potentially infringing
products or listings through FIV. If you are not the intellectual property rights owner, you can
still help by getting in touch with the rights owner and encouraging them to contact us. - If your listing was removed through BIV, and you believe that your listing was removed in
error, please contact us.
Bandamart does not and cannot verify that Sellers have the right or ability to sell or distribute their
listed products. However, Bandamart is committed to removing infringing or unlicensed products
once an authorized representative of the rights owner properly reports them to Bandamart.
BIV works to ensure that item listings do not infringe upon the copyright, trademark or other
intellectual property rights of third parties. BIV participants have the ability to identify and request
removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or
patent) which may be infringed upon by products listed on Bandamart is encouraged to become a
BIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits: - Rapid response by bandamart in ending listings reported by you (as the Verified Rights
Owner) as allegedly infringing - Dedicated priority email queues for reporting alleged infringements
- The ability to obtain identifying information about Bandamart’s users’
How to Become a FIV Member
To join the BIV, we require only that you fully complete and email Us a Notice of Infringement form
specifying the allegedly infringing listings and the infringed work, complete with an original
authorized signature. The information requested by the Notice of Infringement is designed to ensure
that parties reporting products are authorized by the rights owners, and to enable Bandamart to
easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of
Infringement in hard copy, future notices can be sent to Us by email at ss@bandamart.com.
Note: In your notice of infringement, you shall be required to identify the individual listing which is
infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to
respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Bandamart retail Private Limited
I, [name] ________________ of [address] _____________ do solemnly and
sincerely declare as follows:
- I am the owner of certain intellectual property rights, said owner being named ______
(“IP Owner”). - I have a good faith belief that the item listings or materials identified in the annexure attached
hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP
Owner’s rights. Please expeditiously remove or disable access to the material or products claimed to
be infringing. - I may be contacted at:
Name _______________________________________________
Title & Company ____________________________________________
Address _____________________________________________
Email (correspondence) _______________________________________
Telephone/Fax _________________________________________________
Date _____________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by __________________
on [date] _______________________ in [place]__
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When
removing products from the site, bandamart will inform Sellers of the specific reason for the removal
of their products.
Select the most appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement - Trademark owner doesn’t make this type of product or has discontinued the production of the
product - Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement - Listing(s) has unlawful comparison to trademark owner’s brand or product
- Listing(s) contains unlawful use of trademark owner’s logo
Copyright-item infringement - Software is being offered without any license or in violation of a license
- Item(s) is a bootleg recording;
- Item(s) is an unlawful copy (software, games, movies, etc.);
- Item(s) is unlawful duplication of printed material
- Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement - Listing(s) comprises unauthorized copy of copyrighted text
- Listing(s) comprises unauthorized copy of copyrighted image
- Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _________________________________________________
Work(s)
infringed: _____________________________________________
Item Number(s): _______________________________________________
Note: - Please provide the ownership of Trademark (Trademark Registration Certificate should be in the
name of applicant) - Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to infringement@gmail.com