TERMS OF SERVICE

Welcome to sellTM Mobile Application ("Mobile App"). This page (read in conjunction with the documents referred to on it) details the terms and conditions ("Terms") on which we supply the products and/or services ("Products") listed on the Mobile App. Please read these Terms carefully before using the Mobile App. You understand that by using the Mobile App, you are deemed to have accepted these Terms, regardless of how you subscribe to or use the services of the Mobile App. These Terms of Service and various other policies are binding under relevant provisions of the Information Technology Act of 2000. In these Terms, references to "you", "User", "Your" shall mean the end user/shopper/customer accessing the Mobile App, its contents and using the Services offered through the Mobile App. "We", "Us", "Our" and "sellTM" shall mean NewFangled Internet Private Limitedand its affiliates.

  1. User Account, Password, and Security:
  2. You will receive a password and account designation upon completing the Mobile App's registration process. You are responsible for maintaining the confidentiality of the password and account. You agree to (a) immediately notify sellTM of any unauthorized use / breach of your password or account and (b) ensure that you exit from your account at the end of each session. sellTM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  3. Services Offered:
  4. sellTM provides a number of Internet-based services through the Mobile App (all such services, collectively, the "Service"). One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Mobile App through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab in the Mobile App and all of which are incorporated here by reference). In addition, these Terms may be further supplemented by Product specific conditions, which may be displayed with that Product.

  5. sellTM Money Wallet:
  6. sellTM Money wallet is used for user convenience in case of any cancelation/refund/refferal/cashback offers the amount will get rembursed in user sellTM money, which user can use for future payments.

    Usage: sellTM money can be used for maximum upto 33% of the order amount which should be greater than INR 300(total order amount) in single order transaction.

  7. User Conduct and Rules:
  8. You agree and undertake to use the Mobile App and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

    1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
    4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile App;
    5. conduct or forward surveys, contests, pyramid schemes or chain letters;
    6. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    7. violate any applicable laws or regulations for the time being in force in or outside India;
    8. imitate, abuse, harass, any user using the Mobile App; and
  9. Exactness Not Guaranteed:
  10. Mobile App hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. sellTM Return & Exchange Policy offers you the option to return or exchange items purchased on Mobile App within Seven (7) days of the receipt. In case of return of the purchased item, please refer to the "Return Policy" on our Mobile App.

  11. Pricing:
  12. The Mobile App is a mobile platform that enables You to purchase Products listed on the Mobile App at the price indicated therein at any time. However, Our Mobile App does not guarantee that the price will be the lowest in the city, region or geography. In the event that a Product is listed at an incorrect price or with incomplete information due to an error in pricing or product information, we may, in our own discretion cancel Your order and notify You of such cancellation. The pricing is subject to sellTM’s pricing policy and the prices shall be determined by us. If we have to cancel an order after we have received the payment, the said amount will be credited to your sellTM wallet.

  13. Special Offers/ Discount or Sale Campaigns:
  14. In addition to these Terms of Service, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns which are offered by sellTM from time to time, for example - during any heavy sales day the Products may have a longer delivery dates.

  15. Intellectual Property Rights:
  16. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service.

  17. Disclaimer /Limitation Of Liability:
  18. sellTM has endeavored to ensure that all the information on the Mobile App is correct, but sellTM neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall sellTM be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

    1. the use or the inability to use the Services or Products.
    2. unauthorized access to or alteration of the user's transmissions or data.
    3. breach of condition, representations or warranties by the manufacturer of the Products
    4. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Mobile App or Service.
    5. You will be required to enter a valid phone number while placing an order on the sellTM. 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.
    sellTM shall not be held responsible for non-availability of the Mobile App during periodic maintenance operations or any unplanned suspension of access to the Mobile App. The User understands and agrees that any material and/or data downloaded at Mobile App is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, sellTM’s liability shall be limited to an amount equal to the Products purchased value bought by You. sellTM shall not be liable for any dispute or disagreement between Users.

  19. Indemnification:
  20. You agree to indemnify, defend and hold harmless sellTM from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by sellTM that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

  21. Termination:
    1. sellTM may suspend or terminate your use of the Mobile App or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until sellTM chooses to terminate them.
    2. If You or sellTM terminates your use of the Mobile App or any Service, sellTM may delete any content or other materials relating to your use of the Service and sellTM will have no liability to you or any third party for doing so. However, your transactions details may be preserved by sellTM for purposes of tax or regulatory compliance.
    3. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
    4. Either party shall have the right to cease/terminate the relationship by giving you a prior twenty four (24) hours written notice. If sellTM unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
  22. Governing Law:
  23. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Mumbai.

  24. Headings:
  25. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the App by you contained herein or any other section or pages of the App or any Linked Sites in any manner whatsoever.

  26. Interpretation Of Number And Genders:
  27. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

  28. Severability:
  29. If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

  30. Report Abuse:
  31. As per these Terms, users are solely responsible for every material or content uploaded on to the App. sellTM does not review the contents in any way before they appear on the AppsellTM does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the App. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to sellTM.

  32. Unauthorized Charges on your card:
  33. If you see charges on your credit/debit card for purchases made on sellTM, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 30 days of the transaction to enable sellTM to begin an investigation.

  34. Cancellation of Fraudulent/Loss to business Orders:
  35. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, sellTM reserves the right to cancel all past, pending and future orders without any liability. sellTM also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on App and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

    The customer may be considered fraudulent if any of the following scenarios are met:

    • Customer doesn't reply to the payment verification mail sent by sellTM
    • Customer fails to produce adequate documents during the payment details verification
    • Misuse of another customer's phone/email
    • Customer uses invalid email and phone no.
    • Overuse of a voucher code
    • Use of a special voucher not tagged to the email ID used.
    • Customer returns the wrong product
    • Customer refuses to pay for an order
    • Customer is involved in the snatch and run for any order

    The customer may be considered loss to business if any of the following scenarios are met:

    • Customer with a very high return rate
    • Invalid/Incomplete address cases
    • Repeated request for monetary compensation for petty issues

    Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.

  36. Cancellation of Bulk Orders:
  37. sellTM may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by sellTM:

    • Products ordered are not for self-consumption but for commercial resale
    • Multiple orders placed for same product at the same address, depending on the product category
    • Bulk quantity of the same product ordered
    • Invalid address given in order details
    • Any malpractice used to place the order

    Any promotional voucher used for placing the 'Bulk Order' may not be refunded

  38. Process for Pilferage Claim:
  39. If a customer raises a complaint for partial item/partial order through Customer Care

    1. The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained
    2. An Email will be sent seeking/providing following information:
      • Short description of the case (A few questions will be asked to help us understand the scenario)
      • The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
      • The refund for prepaid orders will be done after investigation which usually requires 5-6 business day. The process will include investigation with the concerned departments
    3. The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
      • Customer fails to provide adequate information about the case
      • Customer fails to provide snapshots of the packet and box(if any)
      • If an opened delivery was received, pilferage claims must be made the same day
      • Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
  40. What we do about mispricings:
  41. Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.

    • If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
    • If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.