BEYBLADE SHOP INDIA: TERMS OF USE

Welcome to Beyblade Shop India. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) 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 Beyblade Shop India marketplace platform - www.Beyblade Shop India.com (hereinafter referred to as "Platform")

The Platform is owned by Beyblade Shop India Private Limited, having its registered office at Buildings Alyssa, Begonia and Clover situated in Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Varthur Hobli, Bengaluru – 560103, India and its branch office at Plot 82 A - 2nd and 3rd Floor, Sector 18 Gurugram Haryana, India.

Your use of the Beyblade Shop India and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Beyblade Shop India including the applicable policies which are incorporated herein by way of reference. By mere use of the Beyblade Shop India, You shall be contracting with Beyblade Shop India Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Beyblade Shop India.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Beyblade Shop India","We","Us","Our" shall mean Beyblade Shop India Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such 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. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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 Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Beyblade Shop India Policies including but not limited to Privacy Policy as amended from time to time.

1. User Account, Password, and Security:

If You use the Platform, 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

2. Services Offered:

Beyblade Shop India provides a number of Internet-based services through the Platform. 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 Platform 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 on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Beyblade Shop India assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Beyblade Shop India assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Beyblade Shop India does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. Beyblade Shop India is not and cannot be a party to or control in any manner any transaction between the Beyblade Shop India's Users. Henceforward:

4. User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

5. Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Beyblade Shop India has no control over such third party user generated content as Beyblade Shop India is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, 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 may use information on the products and services purposely made available on the Platform for downloading, provided that You

6. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform 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, Beyblade Shop India does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform 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 Platform. 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.

7. Selling:

As a registered seller, you are allowed to list item(s) for sale on the Platform 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 the Platform. 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 Platform. 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 Platform. Beyblade Shop India reserves the right to delete such multiple listings of the same product listed by you in various categories.

We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by Beyblade Shop India at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).

8. E-Platform for Communication:

You agree, understand and acknowledge that Beyblade Shop India is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Beyblade Shop India is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Beyblade Shop India.

9. Indemnity:

You shall indemnify and hold harmless Beyblade Shop India, 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.

10. Trademark, Copyright and Restriction:

Platform is controlled and operated by Beyblade Shop India and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Beyblade Shop India 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 Beyblade Shop India 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. 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. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

11. Limitation of Liability:

In no event shall Beyblade Shop India be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

12. Termination:

Beyblade Shop India may suspend or terminate your use of the Beyblade Shop India 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 Beyblade Shop India chooses to terminate them.

13. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Beyblade Shop India make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Beyblade Shop India 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.

14. Governing Law:

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 Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

15. Contacting the Seller:

At Beyblade Shop India, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Beyblade Shop India about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-80-61561999 or access help center at https://www.Beyblade Shop India.com/contactus

16. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Beyblade Shop India. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Beyblade Shop India nor shall Beyblade Shop India have any obligations or liabilities in respect of any transactions on Platform.

Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Beyblade Shop India within 5 days from the alleged date of delivery of product reflecting on the Beyblade Shop India portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Beyblade Shop India disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Beyblade Shop India portal.

17. Beyblade Shop India Shopping Groups (MSG) for Flipkart Big Billion Days Sale:

Beyblade Shop India Shopping Groups will be activated at 23:59 hours from 15th Sept till 23:59 24th Sept. This construct is a part of an initiative that was started during End Of Reason Sale. MSG will be accessible on all platforms (M-Web, desktop, and App). However creation of the groups will only be possible on the Beyblade Shop India App during the valid time period.

You can start creating your MSG or add new members to your group from 15th Sept. Your group will remain active till 24th Sept 2017, 23:59 PM. Groups need to be active to be eligible for MSG rewards. MSG group is only activated when it has a minimum of 3 members. It can have a maximum of 20 members.

One person can only be a part of 1 MSG. In-case he wishes to join another group, he will have to exit the current group he is a part of.

Once you agree to participate in MSG, Beyblade Shop India has the right to retain the groups for promotional purposes in future. Beyblade Shop India reserves the right to change/modify/add/delete any of the terms and conditions of MSG.

18. Coupon for check-in From 15th Sept to 19th Sept 2017:

Upon the MSG being active, each member of the group will be awarded a special BBD coupon for taping on the 'Check-in button' placed inside the group’s page, between 15th Sept to 19th Sept, 6PM. Coupon amount will increase by Rs. 50 with each member who taps on the 'Check-in button'. The coupon amount under this Offer shall expire at 23:59 on 24th September, 2017. The final amount will be notified to the users on 20th Sept, 3 AM.

19. Alteration Services

The free alteration services are being extended to You by Beyblade Shop India Private Limited (“Beyblade Shop India”) on select items and categories solely (“Alteration Services”) for the purchases made by you on the Beyblade Shop India Platform, i.e. www.Beyblade Shop India.com, its m-site and /or mobile application available on android and IOS (hereinafter referred to as “Beyblade Shop India Platform”), subject to the below terms and conditions:

  1. The Alteration Services shall be offered on select products and categories only, in limited jurisdictions as specified by Beyblade Shop India. The availability of the Alteration Services shall be clearly specified on the relevant product page on the Beyblade Shop India Platform.

  2. The said Alteration Services are “Free of Cost” as of now and You shall not be charged any fee for the same. In the event our partner requests any payment, whether in cash or kind, please raise the issue to us immediately by writing an email to the customer care team.

  3. PLEASE NOTE THAT ANY PRODUCT GIVEN BY YOU FOR ALTERATION SHALL BE NON-RETURNABLE AND NON-REFUNDABLE. PLEASE DO NOT AVAIL THE ALTERATION SERVICES IF YOU WISH TO RETURN THE PRODUCT. ALTERATION SERVICES ARE BEING EXTENDED ON AN “AS IS” BASIS AND MAY BE AVAILED BY YOU AT YOUR SOLE RISK AND EXPENSE..

  4. The Alteration Services are limited to the products purchased by You on the Beyblade Shop India Platform only. Please do not ask our partner to alter any product purchased from a third party.

  5. There are two possible modes / options available to You for providing your measurements for the Alteration Services:

  6. Doorstep Measurements: In this mode, our alteration partner comes to your doorstep and takes your physical measurements. The products are altered as per the measurements taken by the said alteration partner.

  7. Sample: In this mode, you provide a suitable sample to our alteration partner at your doorstep, at your risk. The products are altered as per the measurements of the sample provided by You, and the sample is returned to You along with the altered product.
    Beyblade Shop India may, in its sole discretion, offer one or both modes to You.

  8. The mode(s) / options (s) available to You for providing the measurements shall be displayed to You on the Beyblade Shop India Platform at the time of placing the alteration request. In the event both the modes are available to You, You shall be required to choose the appropriate mode at the time of placing the request.

  9. Beyblade Shop India does not make any warranty with respect to accuracy and correctness of the doorstep measurements or the Alteration Services or the conduct of the alteration partner nor does Beyblade Shop India make any warranty or representation with respect to quality, wear-ability or correctness of the products altered using the Alteration Services.

  10. The Alteration Services including any ‘doorstep measurements’ taken by our alteration partners and collection of “samples” are being extended to You on an as is and as available basis and being availed by You at Your sole risk and expense, including the sample provided by You.

9.In the event You are not comfortable with our alteration partners for any reason whatsoever, You may (i) cancel the alteration request on Beyblade Shop India Platform instantly; or (ii) ask the alteration partner to leave your premises immediately and reach out to our customer care team.

10.In the event of any visible damage and/or loss of the sample product by our alteration partners, the liability of Beyblade Shop India shall be limited to refunding the following amounts to You: Maximum Liability of Beyblade Shop India

*For Jeans: In case of Visible Damage – Rs. 500/-. In case lost by the alteration partner – Rs. 1000/-

*For Trousers: In case of Visible Damage – Rs. 500/-. In case lost by the alteration partner – Rs. 1000/-

*For Kurta / Kurti: In case of Visible Damage – Rs. 300/-. In case lost by the alteration partner – Rs. 600/-

You understand and agree that the samples are being provided to us at your sole risk; and irrespective of the purchase price / maximum retail price of the sample provided by You, the amounts specified above represent the entire and maximum liability of Beyblade Shop India and Your sole remedy, in case of any visible damage or loss of the sample provided by You. You further understand and agree that the decision of Beyblade Shop India shall be final and binding in this regard. The amount shall be refunded by Beyblade Shop India into the bank account provided by You, upon due verification by Beyblade Shop India, within a period of 3 (three) to 5 (five) business days from the date You provide your bank account details.

  1. In case You are dissatisfied with the Alteration Services or require any clarity on the Alteration Services, please write to our customer care team.

  2. Your use of the Alteration Services is subject to the Terms of Use and Privacy Policy of Beyblade Shop India Platform.

  3. Beyblade Shop India reserves the right to modify the terms of provisioning of the Alteration Services in its sole discretion and without notice.

20. Cart Notification

You understand that, in the event selected products in your cart is out of the inventory, Beyblade Shop India provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.

21. Platform Fee

Beyblade Shop India may levy a platform fee for providing access to the Platform, and on account of Your usage of the Platform, hereinafter referred to as “Platform Handling Fee” or “Platform Fee”, subject to the Terms of Use and the below terms and conditions:

  1. The Platform Fee shall be specified on the check out page on the Beyblade Shop India Platform.

  2. The Platform Fee shall be charged on the overall cart value.

  3. Beyblade Shop India reserves the right to modify/waive off the Platform Fee from time to time.

  4. The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Beyblade Shop India Private Limited.