The use of the “INDIACART” Application (including https://indiacart.us/
INDIA CART is a marketplace where users from all over USA connect to buy and sell goods. By using the App in any manner, including but not limited to visiting or browsing the App, you (User) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink.
This Agreement applies to all users of the App, including without limitation, users who are vendors, retailers, customers, merchants, contributors of content, information and other materials or services on the App. This Agreement has to be read in conjunction, and not in derogation, with any other document/agreement singed/accepted by the Users. Any inconsistency between the terms of this Agreement and the terms of the other document(s)/agreement(s), will be decided and settled by INDIA CART.
INDIA CART may amend this User Agreement and/or INDIA CART Rules and Policies at any time by posting a revised version on the App, and the Users hereby irrevocably agree to be bound by such amendments made by INDIA CART from time to time.
INDIA CART acts as a venue to allow the Users, who comply with INDIA CART's policies to offer, sell and buy goods within a fixed-price format. The App is only a venue through which the Users can reach a larger base to buy and sell items. INDIA CART is not directly involved in the transaction between buyers and retailers. All the information and products listed on the App are provided in the 'as is, where is' format. As a result, INDIA CART has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of retailers to sell items or the ability of buyers to pay for items. INDIA CART does not pre-screen the Users or the content or information provided by such Users. INDIA CART cannot ensure that a buyer or retailer will actually complete a transaction. INDIA CART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items, offered by the retailers are only for a restricted time and only for the available supply as offered by retailers.
Consequently, INDIA CART does not transfer legal ownership of items from the retailer to the buyer.
INDIA CART does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered on the App. In particular, INDIA CART does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App. INDIA CART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
INDIA CART cannot guarantee the true identity, age, and nationality of a user. INDIA CART does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. Buyers are advised to independently verify the bona fides of any particular User that you choose to deal with on the App and use your best judgment on that behalf.
Buyer agrees that INDIA CART is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Retailers, other users, or outside parties on INDIA CART. User shall use the INDIA CART service at their own risk.
By purchasing an item the buyer agrees to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. INDIA CART is not responsible for the side effects one might endure by use of any item bought through the Website.
INDIA CART recommends the buyer to look for other users' testimonials before making the purchase decision. We encourage the buyers to post feedback on the retailer after the sale is closed and product is delivered.
While INDIA CART takes necessary steps and precautionary measures to ensure that the retailer is genuine but INDIA CART cannot and do not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions. INDIA CART suggests all users employ common sense, and encourage users to contact INDIA CART to report any and all suspicious behavior or misappropriation of the site service.
a. Redemption of Earnings:
INDIA CART reserves the right to keep on hold the remittance to the Retailer for purposes of safety of ‘India Cart’ and/or Users. In such case, the Retailer will be intimated and required to complete additional check and verification and INDIA CART may contact the Retailer for verification of or additional information, details, data and documents.
Termination: If INDIA CART terminates a listing or your account, if you close your account, or if the payment of your INDIA CART fees cannot be completed for any reason, you remain obligated to pay INDIA CART for all unpaid fees plus any penalties, if applicable.
INDIA CART reserves the right to issue a warning, temporarily/indefinitely suspend or terminate the retailer’s membership of the App and refuse to provide the retailer with access to the App in case of non-payment of fees by it to INDIA CART. INDIA CART also reserves the right to take legal action in case of non-payment of fees by the retailer to INDIA CART. INDIA CART reserves the right to refuse any of its service to anyone, for any reason, at any time.
b. Listing and Selling
Listing Description and Pricing: By listing an item on the App the retailer warrant that they and all aspects of the item comply with INDIA CART's published policies. Retailers also warrant that they may legally sell the item. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process. Retailers must accurately describe their item and all terms of sale in the INDIA CART App or website. Retailers agree to provide, maintain and update the data to keep it true, accurate, current and complete information about themselves as prompted by INDIA CART's registration form, profile generation and shop set-up.
The listings by the Retailer may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Retailer must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties.
All listed items must be kept in stock for successful fulfillment of sales.
If the item description does not match the actual condition of the item, Retailer agrees to refund any amounts that they may have received from the buyer.
The price stated in each item listing description must be an accurate representation of the sale. Retailer may not alter the item's price after a sale for the purpose of avoiding INDIA CART's transaction fees, misrepresent the item's location, or use another user's account without permission. The retailer’s items prices must be inclusive of applicable taxes. INDIA CART reserves the right to remove content which is deemed to be inappropriate or that could subject INDIA CART to legal action.
Sales: All sales are binding. The retailer is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner. The transaction between buyer and retailer shall be considered a legally binding contract between those two parties.
c. Handling of Credits: A user may earn credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by INDIA CART. The amount of credits that may be earned and other conditions for earning Credits shall be subject to the applicable campaign rules provided by INDIA CART. To the extent permitted by law, INDIA CART may change the rules at any time, and may terminate the entire credits system without any refund or other compensation for existing credits. "Credits" means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. A user will not be able to exchange credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by INDIA CART. A user will not be able to transfer credits to any other user or person.
Except as otherwise required by applicable laws and regulations, if a user terminates their account or his or her membership lapses for any reason, all of the credits owned by such User will immediately be invalid and cannot be subsequently used. Once expired, credits will not be reinstated.
d. Prohibited Goods: Every INDIA CART retailer is responsible for the laws that apply to them, your shop and your items, including any shipping restrictions for your items. There are some types of items that we don't allow in INDIA CART's marketplace, even if they are legal and otherwise meet INDIA CART's selling criteria. Some things just aren't in the spirit of INDIA CART.
Refund and Cancellation Policy
Our main focus and moto is both customer satisfaction and a good business for our registered vendors. But in the event, if customer is not satisfied or displeased with the delivered product, we will return back the whole amount, provided the reasons are genuine and proved after the investigation.Customer has to return the product as it is, it should not be used.
Customer must read the product description properly before buying it, as it provides all the details about the product you purchase.
i) User can cancel any order anytime, if the order is not confirmed by the vendor and the order is in pending status.
ii) If the order has been confirmed and user still wants to cancel the order then user has to call the vendor and get that order rejected from the vendor side.
iii) User will not be able to cancel the order it the products are packed and dispatched or in transit and ready to be delivered.
The order would be cancelled and funds would be remitted to the buyer in the following eventualities:
• Failure to accept the order within 48 hours.
• The retailer needs to enter the dispatch days that he would take to ship out a product while creating his listing on the App. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing.
• Unsuccessful attempts to pick up the order from the retailer by courier companies tied up with India Cart.
• Cancellation of order by the buyer
For every cancelled order by user or rejected order by vendor, user will get full payment back for all the cancelled or rejected paid orders.
If paid by credit cards / debit cards, refund will be issued to the original credit / debit card provided at the time of purchase and in case of payment gateway, refund will be made to the same account.
When retailer use the App or send e-mails or other data, information or communication to INDIA CART, they agree and understand that they are communicating with INDIA CART through electronic records and consent to receive communications via electronic records from INDIA CART periodically and as and when required.
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
INDIA CART does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside INDIA CART's control.
INDIA CART and its suppliers, affiliates and service provider provide the App and services without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your risk.
Feedback and Ratings
INDIA CART encourage registered buyers and retailers on the App to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/retailer.
INDIA CART will not be responsible for the feedback that buyer post on the App and buyer should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
As a retailer, if you continue to receive negative feedback ratings or fail to deliver your order repeatedly, INDIA CART reserves the right to suspend your membership, and you will be unable to list or buy on the App.