Please read the following terms and conditions (“T&Cs”/”Agreement”) carefully before registering on, accessing, browsing, downloading or using the Fabyug E- commerce website located at gokraft.com run by Fabyug E-Commerce LLP, having its registered office at Flat- G-1, KSR Residency Yashvant Nagar, Kosara,Chandrapur, Maharashtra - 442406 (hereinafter collectively, ”Fabyug E-commerce”/”Fabyug”), on any device and/or before availing any physical goods marketplace related services offered by Fabyug E- commerce on the goKraft Platform (hereinafter individually, “Fabyug Marketplace Service” and collectively, the “Fabyug Marketplace Services”).
The Fabyug Marketplace Services are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed by Fabyug E-commerce from availing the Fabyug Marketplace Services or accessing the Fabyug Platform. By accepting the T&Cs or by otherwise using the Fabyug Marketplace Services on the Fabyug Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Fabyug E-commerce, or disqualified for any other reason, from availing the Fabyug Marketplace Services or using the Fabyug Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Fabyug E-commerce reserves the right to suspend or permanently prevent you from availing Fabyug Marketplace Services or using the Fabyug Platform.
B. Fabyug Marketplace Terms and Conditions
The T&Cs in relation to the online marketplace service on the Fabyug Platform set out below are applicable to and binding on you in conjunction with the general T&Cs already accepted by you. Each T&C is applicable to and binding on you, or any of your activities on the Fabyug Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, and other service-specific terms and conditions in relation to Fabyug Marketplace Services or Fabyug Platform.
Fabyug E-commerce is the provider of online marketplace service, where merchandises/handmade products/handicrafts are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Fabyug E-commerce offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Fabyug Platform. The actual contract for sale is directly between the Merchant and you. Fabyug E-commerce provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Fabyug E-commerce may help facilitate the resolution of disputes through various modes. Fabyug E-commerce has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Fabyug E-commerce does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Fabyug E-commerce, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
- Fabyug E-commerce, through the Fabyug Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Fabyug E- commerce is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such
- Fabyug E-commerce may offer delivery services through its logistics/courier partners for some of the products on the Fabyug Platform as per Fabyug E- commerce’s T&Cs, which may be changed by Fabyug E-commerce without any notice to you.
- Fabyug E-commerce is not a warrantor of the products/ services being offered on the Fabyug Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Fabyug E-commerce gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- The price of products offered on the Fabyug Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Fabyug Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner. Fabyug E-commerce is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Fabyug Platform. Fabyug E-commerce is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Fabyug E-commerce will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- The Fabyug Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Fabyug E-commerce. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Fabyug E-commerce does not provide any guarantee with respect to any of the Third Party Content and Fabyug E-commerce shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
a. Cancellation by Fabyug E-commerce: There may be certain orders that Fabyug E-commerce’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non-availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Fabyug E-commerce’s credit and fraud avoidance department or due to any major technical snag. Fabyug E- commerce may also require additional verifications or information before accepting any order. Fabyug E-commerce 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 credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Fabyug E-commerce.
b. Cancellation by the customer: In case of requests for order cancellations, Fabyug E-commerce reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Fabyug E-commerce receives a cancellation notice and the order has not been processed/ approved by Fabyug E- commerce, Fabyug E-commerce shall cancel the order and refund the entire amount to you instantly. Fabyug E-commerce will not be able to cancel orders that have already been partially or fully processed. Fabyug E-commerce has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Fabyug E- commerce and accept Fabyug E-commerce’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
- Fabyug E-commerce reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Fabyug E-commerce as per certain criteria. Any Fabyug E-commerce promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:
a. Products ordered are not for self-consumption but for commercial resale;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
Promo codes shall be subject to specific terms and conditions, from time to time, and Fabyug E-commerce may disallow usage which breaches such terms and conditions.
- Delivery of the Product: Currently the product is shipped by Vendors, you will be given tracking code once the product is shipped by vendor.
- Return Policy
a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the Seller/Merchant/customer service team.
b. Upon receiving your complaint, Fabyug E-commerce shall verify the authenticity and the nature of the complaint. If Fabyug E-commerce is convinced that the complaint is genuine, Fabyug E-commerce will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Fabyug E- commerce reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Fabyug E- commerce in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Fabyug E-commerce shall not in any manner be held liable for the same.
c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Fabyug E-commerce requests you to refuse to accept delivery and inform Fabyug E-commerce at the earliest. The return process of the product may be restricted by Fabyug E-commerce depending on the nature and category of the product.
d. In order to return any products sold through the Fabyug Platform, you are required to comply with the following conditions:
i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
ii. Please notify Fabyug E-commerce of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Fabyug E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
iii. Fabyug E-commerce will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Fabyug E-commerce is unable to do so, Fabyug E- commerce will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Fabyug E-commerce;
iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
v. Fabyug E-commerce offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Fabyug E- commerce to place the return shipping costs on your invoice;
vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
vii. The returned products are subject to verification and checks by Fabyug E-commerce/Seller/Merchant in order to determine the legitimacy of the complaint/ return;
viii. In the event the return of a product is duly accepted by Fabyug E-commerce, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Fabyug E-commerce will credit your refunds.
ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Fabyug E-commerce.
- By accepting the Marketplace Terms here and the T&Cs in general, you accept that Fabyug E-commerce may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Fabyug Marketplace Service/Fabyug Platform or to any such number/e-mail address replaced and informed by you subsequently.
- Content: Content on the Fabyug Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Fabyug E-commerce tries to offer reliable data, Fabyug E-commerce cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver: In no event, Fabyug E-commerce or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the Fabyug Marketplace Services, the Fabyug Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Fabyug Marketplace Services, the Fabyug Platform (including any and all materials) or any reference sites/app/platform/service, even if Fabyug E-commerce or a Fabyug E-commerce authorized representative has been advised of the possibility of such damages. In no event, Fabyug E-commerce or any of its affiliates will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Fabyug Marketplace Services, the Fabyug Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Fabyug Marketplace Services, the Fabyug Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Fabyug E-commerce, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Fabyug Marketplace Service or the Fabyug Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Fabyug E-commerce has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Fabyug E-commerce, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Fabyug E-commerce. Fabyug E-commerce would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Fabyug E-commerce’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement and the Marketplace Terms.
- Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Fabyug Marketplace Service or the Fabyug Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Fabyug E- commerce may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Fabyug E-commerce in accordance with the Act. The seat of the arbitration shall be Chandrapur and the language of this arbitration shall be English. Either you or Fabyug E-commerce may seek any interim or preliminary relief from a court of competent jurisdiction in Chandrapur necessary to protect the rights or the property belonging to you or Fabyug E- commerce (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Fabyug E-commerce may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Fabyug E-commerce. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.