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TERMS & CONDITIONS and USER AGREEMENT- NETIBUY.COM

Disclaimer Clause

We welcome you to NetiBuy.com an online venture of NetiZone E-Ventures Private Limited. NetiBuy.com and its affiliates partners provide their services to you, subject to the terms and conditions given hereunder:

 If you visit us at NetiBuy.com, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future NetiBuy.com service (e.g. Your Account/Profile, Newsletter, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with NetiBuy.com whether or not included in the NetiBuy.com web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by NetiBuy.com. By using the shopping services of NetiBuy.com you agree to be bound by these terms and conditions. All products/services and information displayed on NetiBuy.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. NetiBuy.com reserves the right to accept or reject your offer. If you have any query relating to this policy, please revert to us at contact@netibuy.com.

 

Applicable law

This site is created and controlled by NetiZone E-Ventures Private Limited. The laws of India shall apply and courts under the jurisdiction of Dist Ghaziabad, Uttar Pradesh shall be applicable for redress of any dispute arising in respect of any of the terms, conditions and disclaimers. NetiZone E-Ventures Private Limited reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of NetiZone E-Ventures Private Limited.

 

Definitions

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

"NetiBuy.com''/ ''website '' means the online shopping platform and the services provided by it and its affiliates owned and operated by NetiZone E-Ventures Private Limited. which provides a venue / platform to the Users of NetiBuy.com to buy the products listed on NetiBuy.com

"Vendor" / "seller" /''affiliates''/”Brand Owners” shall mean the person or any legal entity who offers for sale, sells the products on the NetiBuy.com platform / website either directly or through an intermediary. ''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on NetiBuy.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.

"Customer" / "buyer" shall mean the person or any legal entity who accepts the offer for sale on NetiBuy.com by placing an order for and purchases any product offered for sale on the platform of NetiBuy.com.

"User" / ''you" means and includes any person or an entity or any legal entity using or accessing the services provided on NetiBuy.com.

 

Electronic Communication

When you visit NetiBuy.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail  by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Disclaimer of warranties and limitation of liability

NetiBuy.com has made this service available to use as a matter of convenience. NetiBuy.com expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. NetiBuy.com also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NetiBuy.com does not warrant that this site, its servers, or e-mail sent from NetiBuy.com are free of viruses or other harmful components. NetiBuy.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Service(s) of NetiBuy.com is provided on an "as is" basis without warranties of any kind, whether express or implied. NetiBuy.com does not represent or warrant maintaining the confidentiality of information; although NetiBuy.com’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the User.
NetiBuy.com does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.

Limitation of Liability

Under no circumstances shall NetiZone E-Ventures Private Limited be liable to any users of this site for:

Loss, injury, claim, liability or damages of any kind resulting from use of or the inability to use the material on this site, even if NetiZone E-Ventures private Limited had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; special, direct, indirect, incidental, punitive, exemplary or consequential damages of any kind whatsoever(including without limitation attorney’s fees) in any way due, resulting from or arising in connection with the use of or the inability to use this website or its content / materials. claim attributable to errors, omission or inaccuracies in or destructive properties of any information available herein


User agrees and acknowledges that User shall be solely responsible for User's conduct and that NetiBuy.com reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall NetiBuy.com, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 NetiBuy.com sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.

NetiBuy.com therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

NetiBuy.com shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of NetiBuy.com or its affiliates and partner vendors.

Notwithstanding anything contained herein, NetiBuy.com acts only as booking agent/platform to facilitate / integrate transactions between the buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS. etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the  vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall NetiBuy.com, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.


NetiBuy.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been realized via payment gateway, credit card or cheque or otherwise. In the event the payment has been processed by NetiBuy.com the refund amount shall be processed only through crossed accounts payee cheque in favour of the purchaser i.e in f/o the Payee name as is in the records submitted by the user/purchaser only i.e the “Billing Name” and the same will be duly notified to you on the users email address registered with NetiBuy.com.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. NetiBuy.com will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

Any request for cancellation of orders once duly placed on the site, shall not be entertained if the order has been forwarded to the respective merchant or the product has been dispatched.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by NetiBuy.com for re-delivery shall be claimed from the User placing the order.

All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on NetiBuy.com on behalf of the vendor/merchant/affiliate/merchant.  All and any additional information/description, etc. for a product that is displayed/showcased on NetiBuy.com is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to NetiBuy.com. NetiBuy.com does not take any responsibility for any incorrect or error in the display/showcase of such information.

Presently, the service(s) of NetiBuy.com Shopping are being offered free. However, NetiBuy.com reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. NetiBuy.com and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.

 

Trademark

The logo / image of NetiBuy.com on the home page of the website & other pages and as used in the communication to the User is registered by NetiBuy.com and cannot be used or communicated or distributed without the specific and written permission of NetiBuy.com.

Trademark of Others

The logo / image/Graffiti/ Watermarks/Signs/Content of Brands/ Companies/Products as used /printed and displayed on NetiBuy.com on the home page of the website & other pages and as used in the communication to the User is the property of respective owners. We use these with/without consent as the case may be for limited use for the promotion/campaigns of their products put up for sale on Website / NetiBuy.com by the respective Vendor/Merchants/Brand Owners. NetiBuy.com and its associate or group companies do not have any claim on them.  NetiBuy.com cannot be held liable for the use/display/printing of such logo / image/Graffiti/ Watermarks/Signs/Content belonging to their respective owners. We acknowledge that we do not own and shall not acquire any title, interest, or right in any in the intellectual property rights of such properties of other owners.

Intellectual Property Rights

All information displayed, transmitted or carried on this site (including, but not limited to, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, logos etc) other than those belonging to respective Owners is protected by and in the name of NetiZone E-Ventures Private Limited.

 

License and Site Access

NetiBuy.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case NetiBuy.com gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NetiBuy.com. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NetiBuy.com.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and NetiBuy.com's name or trademarks without the express written consent of NetiBuy.com. Any unauthorized use terminates the permission or license granted by NetiBuy.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NetiBuy.com as long as the link does not portray NetiBuy.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any NetiBuy.com logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. NetiBuy.com does sell products to minors, but it sells them to person who are eligible to transact and contract, who can purchase with a credit card or otherwise. If you transact on NetiBuy.com we take it as an undertaking from you of being eligible to transact and to enter any agreement to contract., NetiBuy.com has the right to cancel any order or service to the User in case of any irregularity/doubt on this account.

NetiBuy.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Reviews, Comments, Communications, and other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NetiBuy.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant NetiBuy.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NetiBuy.com and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NetiBuy.com or its affiliates for all claims resulting from content you supply. NetiBuy.com has the right but not the obligation to monitor and edit or remove any activity or content. NetiBuy.com takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to NetiBuy.com, NetiBuy.com may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:

  • The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of NetiBuy.com;
  • The user has provided wrong, inaccurate, incomplete or incorrect information;
  • Your actions may cause any harm, damage or loss to the other Users or NetiBuy.com.

Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the NetiBuy.com site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

 

Risk of Loss

All items purchased from NetiBuy.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer.

 

Product Description

NetiBuy.com and its affiliates attempt to be as accurate as possible. However, NetiBuy.com does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by NetiBuy.com itself is not as described, your sole remedy is to return it in unused condition.

 

Pricing

All prices, unless indicated otherwise are in Indian Rupees, subject to additional cess, levies, entry tax, VAT, Service Tax and other Government and Statutory dues.

Except where noted otherwise, the Selling Price/NetiBuy price/MRP/List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/NETIBUY.COM price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/NetiBuy price may represent ''open-stock'' prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement.

The availability of products is subject to change without prior notice at the sole discretion of NetiBuy.com and orders can be cancelled if the product goes out of stock.

Material Submitted by Users

Certain elements of the site will contain material submitted by users. NetiBuy.com accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.

 

Advertising Material

Part of the site contains advertising/other material submitted to NetiBuy.com.com by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and NetiBuy.com will not be responsible for any claim, error, omission or inaccuracy in advertising material. NetiBuy.com reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to NetiBuy.com terms and conditions which are available on request.

 

Data Protection

NetiBuy.com may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy.

 

Force Majeure

NetiBuy.com shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

 

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.

 

Our Office Address

NetiZone E-Ventures Private Limited.
GF, Plot No 200, Sector 4,
Vaishali- 201301,
Dist Ghaziabad,
NCR-Delhi,
India.


For any feedback, you can mail at:  contact@netibuy.com subscribing your mail as “Feedback-Terms of Use”.