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All policies and procedures provided on website of Swadeshi India Mart (www.swadeshindiamart.com) are duly approved by senior management of the firm vide board resolution(s), the true copy of which are available with the company and can be furnished to the stakeholders, as and when requested, subject to prior approval of senior management.
The policies are updated regularly based on any updates as and when approved by senior management of Swadeshi India Mart. The published policies and procedures on the company website are final commitment of senior management, and all efforts are taken by the management to implement the procedures at all levels in the company.
Other operational policies and procedures such as human resources policy, procurement policy, and others have been developed, approved, and are accessible to company employees at the Intranet Drive.
Any revisions to these policies and procedures are recorded on the website, and hence does not warrant any signature or approval stamp.
General Terms & Condition
Policy # SIM-01-01-2020. Rev 00
This document is an electronic record in terms of The Information Technology Act, 2000 ( "IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website and application. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use / access of the Website and application, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Swadeshi India Mart ("Terms") posted on the Website and application from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website and application.
Please read the Terms and conditions very carefully before using the Website and application as your use of the Website and application is subject to your acceptance of and compliance with the Terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Swadeshi India Mart, please do not click on the "Pay Now" button and do not subscribe or seek to obtain access to or otherwise use the Website and application.
By subscribing to or using the website and application or any of our services through the Website and application you agree that you have read, understood and are bound by the Terms, Policies, directions of Swadeshi India Mart regardless of how you subscribe to or use the Website and application. This Agreement comes into effect upon your "Acceptance" of these terms and conditions ("Terms") however Swadeshi India Mart at its sole discretion reserves its right not to accept a user from registering on the Website and application without assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time..
"You"/ "User" shall mean the end user accessing the Website and application, its contents and using the services offered through the Website and application. "Swadeshi India Mart"/ "we"/ "us"/ "our" shall mean Swadeshi India Mart or its affiliates, franchisees, service providers, successors and assigns "Site" means the online shopping platform owned and operated by Swadeshi India Mart Retail Ltd. ("www.SwadesIndiaMartsmart.com"), which provides a venue to the users of Swadeshi India Martsmart.in to buy the Products listed on Site. "Customer"/"Buyer" shall mean the person or any legal entity who access the Website and application and places an order for and or purchases any products /services against the invitation of offer for sale of products / services on the Website and application.
"Acceptance" shall mean your affirmative action in clicking on "check box"™ and on the "continue button as provided on the registration page or clicking on "˜Pay Now" button while transacting as User or such other actions that implies your acceptance.
"Product" shall mean the Products offered for sale on the website and application from time to time.
"Delivery" shall mean the physical delivery of goods under your order placed with us.
"Price" means the price communicated at the time of order and confirmed by us.
"Payment Facility" shall mean applicable mode of payments made available to User from time to time.
"Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively By impliedly or expressly accepting this User Agreement, Policies and Terms, You also accept and agree to be bound by Rules, Policies and Terms of Swadeshi India Mart as provided from time to time in its Website and application and corresponding hyperlinks.
PURCHASE
1) Registration and Submission of personal details: You can use the services offered by the Website and application as a "Registered User". As part of the registration process on the Site, Swadeshi India Mart may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorised access to your mobile , tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. 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 Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Website and application and refuse to provide you with access to the Website and application. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
2) User's Liability: The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage. You agree to comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us. To register with & shop with Swadeshi India Mart, you must be eighteen years of age or over. Our website and application is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website and application, we are entitled to remove his or her account from our system and cancel any order placed by him or her. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and application. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and application is not permitted
You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Swadeshi India Mart to purchase the products and /or services from Swadeshi India Mart, and pay the transaction price to Swadeshi India Mart using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.
3) Availability of Website and application and its services:
This Website and application is controlled and operated by Swadeshi India Mart from India and Swadeshi India Mart makes no representation that the materials are appropriate or will be available for use in other locations. If you use this web site from outside the India, you are entirely responsible for compliance with all applicable local laws.
Swadeshi India Mart has several website and applications offering products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. Swadeshi India Mart does not make any warranty or representation that a user in one region may obtain the Services from the Swadeshi India Mart site in another region and Swadeshi India Mart may cancel a user's order or redirect a user to the site for that user's region if a user attempts to order Services offered on a site in another region.
Information that Swadeshi India Mart publishes on the World Wide Web may contain references or cross references to Swadeshi India Mart products, programs and services that are not announced or available in your country. Such references do not imply that Swadeshi India Mart intends to announce such products, programs or services in your country. Consult your local Swadeshi India Mart business contact for information regarding the products, programs and services that may be available to you.
4) Access to Website:
We will do our utmost to ensure that availability of the website and application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website and application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5) Permission to access website and application:
Swadeshi India Mart grants you a limited, revocable permission to access and make personal use of this Website and application, but not to download or modify it, its Contents or any portion of it, except with express written consent of Swadeshi India Mart. This permission does not include any resale or commercial use of this website and application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website and application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools
The use of the Website and application and its Content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. Including the content but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website and application are original to Swadeshi India Mart and are owned and controlled or licensed by us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in Terms of Use, no part of the Website and application 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 and application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
6) Applicability of Terms:
You will be subject to the policies, conditions and Terms of use in force at the time that you use the website and application or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
7) Communications:
When you place an order on our Website and application or send e-mails to us, you are communicating with us electronically so you must provide a valid mobile phone number / email address and your address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website and application or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
Your Obligations:
You shall
8) Products/Services:
All products/services and information displayed on Website and application constitute an "invitation to offer". Your order for purchase constitutes your "offer". All orders placed by you on the Website and application are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
9) Our Contract:
Your order is an offer to us to buy the product(s) in your order. We will confirm our acceptance of your offer either through an e-mail / SMS or through shipment of the items you requested. Upon placing an order, you will receive an e-mail confirming receipt of your order with details (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Our acceptance to your offer takes place and the contract of sale for a product ordered by you concludes only upon actual dispatch of products to you and an e-mail confirmation in that regard is sent to you (the "Dispatch E-mail"). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance.
Swadeshi India Mart has complete right to accept or reject an order placed online. No act or omission of Swadeshi India Mart prior to actual dispatch of the product(s) ordered will constitute an acceptance of your offer. You agree not to dispute the decision of Swadeshi India Mart in this regard.
10) Delivery/Shipment of Product:
Delivery of the Products under your Order in the Website and application shall be made as per our Delivery/shipment policy mentioned herein. Title of the Product shall pass on to you upon receipt of payment.
11) Exactness / Accuracy of product:
We have made significant efforts to accurately display the colours / dimension / specification of products that appear on the Website and application. However, we do not warrant/guarantee that product description or other content of this Website and application is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimension, specifications of products offered on this Website and application. Copyright: All Content included on the website and application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Swadeshi India Mart, its affiliates or its content suppliers and is protected by the Intellectual Property Laws of India. Trademarks: The trademark Swadeshi India Mart, its logo and all products and logos denoted with TM are trademarks owned or registered trademarks of Swadeshi India Mart or its affiliates. Intellectual Property Claims: Swadeshi India Mart and its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.
12) Disclaimer:
You acknowledge and undertake that you are accessing the services on the Website and application and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website and application. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer's warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim and any all responsibility and liability in that regard. The disclaimer policy remains applicable in addition to this clause.
13) Severability:
If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition / Terms
14) Amendments:
Swadeshi India Mart reserves its right to amend the Website and application, Policies, Conditions or Terms of use and at any time without prior notice. All such updates and amendments shall be posted on the Website and application and will be effective from the time of its posting on the Website and application. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement, Terms and Policies.
15) Indemnification::
You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns 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 us arising out of your actions or inactions or result from your breach of the Terms and Conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party. You hereby expressly release Swadeshi India Mart and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. This clause shall survive the expiry or termination of this Agreement.
PRICE & PAYMENT POLICY
1) Price Policy:
Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Swadeshi India Mart. We strive to provide you with the best prices possible on our Website and application. All the products listed on the Website and application will be sold at Indian Rupees either at Maximum Retail Price ( MRP) (inclusive of all taxes) or at an Offer/discounted price with taxes, unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to you on the date of delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food products prices do change on a daily basis. In case of products such as Fresh Food, Vegetables and Fruits etc. the delivered weight may have variance and product will be billed accordingly on the actual weight.
There may be cases where M.R.P. of the product delivered is different from the M.R.P. quoted / reflected on the Website and application due to various reasons including time lag in updating prices post changes in M.R.P. or product belonging to a different batch or different M.R.P.s being used by manufacturers in different regions.
Despite our best efforts, there may be an instance of mispricing of items in our catalogue/offer on Website and application. However, we verify prices as part of our dispatch procedures. If a product'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, you may return at the time of delivery or we may not supply the product unless the problem get resolved and if you do not want to purchase the Product in such higher price we shall cancel your order and refund you the amount paid by you for such cancelled transaction as per existing refund policy. Our online price may not match with offline price at store(s). You shall not raise any dispute on the same.
2) Payment Policy:
Swadeshi India Mart offers you multiple payment options both online and offline however we recommend use of online payments.
Swadeshi India Mart reserves its right to add or delete any mode of payment without any prior notice.
A. Offline Payment Mode:
Cash on Delivery (CoD) – We do not appreciate use of CoD, due to current concerns pertaining to COVID-19. In case of CoD, you need to call customer care services for approval of your order for being eligible for CoD. Once approved by Swadeshi India Mart management, the buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location.
Food Coupons on Delivery - Food Coupons shall be accepted at the sole discretion of Swadeshi India Mart against value of Ready to Eat / certain category of food items on the invoice at the time of Delivery of Products at the delivery location. Items permissible for purchase through food coupons shall change without prior notice and you shall have the option to cancel the item/order or shall pay in cash or card.
For CoD Payment option, maximum order value is Rs 10,000/- However Swadeshi India Mart can change this limit without further notice.
Card on Delivery: A mobile EDC machine may be made available at your door step to facilitate payment by Credit / Debit Card . However due to prevailing network condition in your area or any technical glitch in the equipment or due to any other reason if the EDC terminal is not able to collect the payment, you shall make payment by cash. In cases where payment is attempted but remains unsuccessful and a successful charge slip does not get generated, you shall make the payment in cash for that particular order. In certain cases though you may receive a payment confirmation SMS from your bank, the amount generally gets reversed in the same account. You may raise the incident with customer care number on the back of card to reverse the amount in case of unreasonable delay, Swadeshi India Mart will not be responsible for such failed attempts due to any network or technical reasons. We on our part, upon request of customer, after due verification with our back end team may give a written confirmation of the non-receipt of payment for you to appropriately take up with card issuing bank.
B. Online Payment Mode:
Acceptance:
We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of Swadeshi India Mart and you may be asked to submit copy of photo identity proof too. However, Swadeshi India Mart reserves its right to deny acceptance of card payment without any prior notice. We don't accept internationally issued credit/debit cards and certain cards issued by banks in India too.
Order:
You can place your order with us either on our Website and application or over phone or WhatsApp and choose any of our payment modes made available to you. In case of payment to be made offline, Buyer needs to pay the invoice amount in cash / coupon / card at the time of delivery of the Product at its doorstep/preferred location.
Orders will be processed for shipment/delivery upon selection of your preferred delivery location, date and time and confirmation by us. Swadeshi India Mart may change maximum order value of COD and items/locations available for COD without prior intimation.
Payment:
While availing any of the payment method/s available on the Website and application, 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:
Swadeshi India Mart reserves its right to change the price of any product in the Website and application any time without any notice. Prices stated at the time of an order is placed shall apply in respect to that order.
All payments made against the purchases of products on Website and application by you shall be in Indian Rupees only. Website and application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website and application.
You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website and application. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
In case of payment made through online, before shipping / delivering your order to you, we may request you to provide copy of photo identity proof document as acceptable to Swadeshi India Mart to establish your 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.
Swadeshi India Mart reserves the right to impose limits on the number of transactions which Swadeshi India Mart may receive from an individual valid credit/debit/ valid bank account and reserves the right to refuse to process transactions exceeding such limit.
Swadeshi India Mart reserves its 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 Swadeshi India Mart or breach/violation of any law or any charges imposed by bank or breach of any policy. Swadeshi India Mart may do such checks as it deems fit before approving the buyer's order ) for security or other reasons at the discretion of Swadeshi India Mart. As a result of such check if Swadeshi India Mart is not satisfied with the creditability of the Buyer or genuineness of the transaction, it will have the right to reject such order. Swadeshi India Mart may delay dispatch or cancel any transaction at its sole discretion, if Swadeshi India Mart is suspicious of any Buyer's authenticity or activity or if the Buyer is conducting high transaction volumes, to ensure safety of the transaction.
In cases where the payment of an online order does not get successfully communicated to our system due to any network or technical issue between intermediary, bank or payment gateway, the order shall not be processed and a refund will be initiated for the same. However in an unsuccessful attempt if the customer’s account gets debited, such amounts generally gets auto reversed in the same account. However Swadeshi India Mart shall not be held responsible for such amounts debited in unsuccessful attempts and customer can raise reversal request with their bank should there be any unreasonable delay in refund.
Buyer acknowledges that Swadeshi India Mart will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Swadeshi India Mart.
3) Order Tracking:
Once your order has been dispatched from our delivery point, an email or an SMS will be sent to you on the email address and mobile number provided by you under "Billing Address" and Order placed with Us. You can track your order online by the ID Tracking number sent to you by us on your Mobile/Email ID.
You may also log on to your account on the website and application or use the "Track my Order" link on the website and application to track your order.
4) Order-Splitting:
Sometimes we may not be in a position to deliver an order to a particular location due to the nature of the product, its availability or due to the service limitations of our courier and logistic partners. In such cases, you may receive the items (of a single order) at different points of time or through different courier partners. The status of all items within an order can be tracked online.
SPECIAL PROMOTIONS
Swadeshi India Mart may at its sole discretion run certain Special Promotions form time to time under additional specific terms and conditions which shall be published on our website and application. The participation in such promotions is absolutely voluntary. Certain benefits of such promotions including cash back in customers store credit wallet shall have limited validity at the sole discretion of Swadeshi India Mart and maximum up to 6 months from the date of transaction. Any dispute regarding the non-receipt of promotion benefit must be brought to notice of Swadeshi India Mart within 60 days from the date of end of offer / promotion. Without prejudice to the generality of this section the total liability of Swadeshi India Mart to you for all liabilities arising out of such promotions be it in tort or contract is limited to the maximum value of the benefit / discount applicable to the specific promotion. However in case of missing a delivery in transit, Our liability is limited only to delivery at a later agreed time at no additional charge.
TERMINATION POLICY
This User Agreement shall be effective form the date and time of your acceptance of the Terms of the Website and application and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
DISCLAIMER:
This Website and application provides Content without any warranties or guarantees and in an "As Is" and "where is" basis. You must bear the risks associated with the use of the Site. This Website and application provides content from other Internet sites or resources and while Swadeshi India Mart and its software support service provider tries to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Swadeshi India Mart and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application. Swadeshi India Mart, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error free and/or uninterrupted. Consequently, Swadeshi India Mart and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application.
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