Objective
Through this portal our primary objective is to provide the best seamless User experience to the Users, commencing from placing an order for sale/purchase/buying/selling of commodities, as the case may be, through our website/marketplace till initiation of logistics/ payments/cancellations/returns/refunds and other processes. Our primary focus is to provide a platform for a hassle-free experience in selling/purchasing high-end and luxury commodities (“the Product(s)”), as the case may be, till delivery of the commodity to the end-Users, including giving services for returning and/or cancelling the Products, that User(s) have ordered/booked, either for sale and/or purchase – as the case may be, and can rely upon us as User(s) preferred shopping destination.
For the purpose of clarification
“products”
as defined above does not include any antique items as defined under
THE ANTIQUITIES AND ART TREASURES ACT, 1972
SERVICE OVERVIEW
The “Service Platform”, “Website”, “Mobile App” is a platform for domestic/globalUser to transact with other Users who have been granted access to the “Service Platform”, “Website”, “Mobile App” to display and offer products for sale through the “Service Platform”, “Website”, “Mobile App”. For abundant clarity, the Service Provider does not provide any services to Users other than providing the “Service Platform”, “Website”, “Mobile App” as an online platform/marketplace to transact/trade at their own cost and risk, and other services as may be specifically notified in writing in the Terms and Conditions and the Policies contained hereinafter.
The Service Provider is not and cannot be a party to any transaction between Users, or have any control, involvement or influence over the products sold and/or purchased by Users or the prices of such products. The Service Provider therefore disclaims all warranties and liabilities associated with any products offered on the Service Platform/Mobile App.
Services on the Service Platform/Mobile App are available to only selected geographies in India, and are subject to restrictions based on business hours and days and might change from time to time as.
Transactions through the Service Platform/Mobile App may be subject to a delivery charge, packaging and handling charge. User will be informed of such delivery charges at the stage of check-out for a transaction through the Service Platform/Mobile App.The same are subject to changes from time to time and from item to item.
Transactions through the Service Platform/Mobile App may be subject to a convenience and safety fee. Users will be informed of such convenience and safety fee at the stage of check-out for a transaction through the Service Platform/Mobile App.
ABOUT THE SERVICE PROVIDER
“BFS RETAIL SERVICES PRIVATE LIMITED”, (CIN No. U46103WB2023PTC264898) (GSTIN No.19AALCB9231G1ZG)
, a Company incorporated under the Companies Act 2013 having its registered office at
Altitude The Business Park, 2 O.C. Ganguly Sarani, 10th, L.R. Sarani, Kolkata, West Bengal, India, 700020
(herein after referred to as “COMPANY”, “Service Provider”, “we”, “us” or “our”, as the case may be and wherever applicable, herein which expression shall include, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors-in-interest and permitted assignees). We are providing, managing and operating the mobile application/website and tablet applications available at BFS, BFS-LUXURY, - BID FOR SALE, (collectively referred to as “Service Platform”, “Online Marketplace”, “Website”, “Mobile App” as the case may be), which inter alia facilitate the sale and purchase of high end reused luxury commodities/products listed and sold
(“Product(s)”)
on the Service Platform/App as may be applicable.
ABOUT THE USER
The term “USER” or “USERS” means any individual who registers, uses, accesses, logins or, browses the Service Platform/Mobile App and/or put up for sale and/or purchases the Products on the Service Platform/Mobile App of the Service Provider. The context where so requires, a User/Users may be definitely categorized as a
“Seller”/“Buyer”
depending on the services intended to be availed of by a User.
INTERPRETATIONS
- Reference to singular shall include the plural, and vice versa;
- Any references to the masculine, the feminine and the neuter shall include each other
- The Service Provider and the User are individually referred to as a Party/Service Provider/User and collectively as the Parties wherever the context so requires
THE TERMS AND CONDITIONS
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1. For the purpose of commencing a transaction through the Service Platform/Mobile App of the Service Provider from placing an order for sale/purchase of Products, till initiation and completion of a sale/purchase
(“transaction”)
, as the case may be, and/or cancellation/return/refund process, where applicable, the User is required to accept and abide by the terms and conditions and the cancellation, return and refund policy (“Terms and Conditions and the Policies”)
of the service provider which are provided for herein below. The Users are requested to carefully read and understand and get himself well aware of and acquainted with these terms and conditions and the Policies prior to accepting the same for the purpose of availing the services of the Service Provider. Any subsequent claims, disputes, protests of whatsoever nature shall not be entertained by the service provider and the service provider shall not be held liable for any loss, damages, claims, including but not limited to third party claims with regard to the Product, of whatsoever nature and on whatsoever ground which may be raised against the Service Provider by theUser post completion of the transaction.
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2. Applicability Of The Terms And Conditions And The Policies
By using Service Platform/Mobile App and/or initiating a request for sale/purchase of Product(s), as the case may be, on the Service Platform/Mobile App, User(s) agree to be bound by the Terms and Conditions and the Policies contained. By checking the tick box, the Users confirm to accept the mentioned terms and conditions. Please note that, we may from time-to-time change/ alter/modify the Terms and Conditions and the Policies depending on the existing business models and future upgradations/offers/exigencies. Each time User wish to useService Platform/Mobile App and/or avail the service of the service provider, User(s) are requested to check theTerms and Conditions and the Policies to ensure that User understands the same prevailing at the relevant time.
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3. Terms Of Use
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3.1 In order to avail the services provided by the Service Provider through the Service Platform/Mobile App, the Usershall have to accept theseTerms and Conditions and the Policies mentioned herein,generated by way of a POPUP Window while accessing the website/app.Once the User accepts the Terms and Conditions and the Policies mentioned herein, by clicking on the “I accept” button, it becomes a valid binding and enforceable contract between User and the Service Provider under the purview of Indian Contract Act 1872, the Information Technology Act,2000 and/or any other statute and/or law that may be applicable for these purposes (“the User Agreement”). User may not use the services if User does not accept the Terms and Conditions and the Policies or are unable to be bound by the same. User’s use of the Service Platform/Mobile App is at User’s own risk, including the risk that User might be exposed to content that is objectionable, or otherwise inappropriate.
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3.2 This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the SERVICE PROVIDER without notice. It is therefore strongly recommended that User review the User Agreement, as available on the Service Platform/Mobile App, each time User access and/or use the Service Platform/Mobile App.
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3.3 A Unique Seller Identification Number (USIN)/Unique Buyer Identification Number (UBIN) shall be generated and which shall be available on the user profile for each registration and sign up on the portal/app, as the case may be which can be used for reference for any communication if needed.
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3.4 While the Service Provider will make reasonable endeavours in ensuring prompt services and within the timeline notified to User, User accepts and acknowledges that the services may be affected owing to:
(a) Logistics issues beyond our control;
(b) Technical Breakdown including but not limited to Server Issues.
(c) Political disruptions, strikes, etc.;
(d) Acts of God such as floods, earthquakes, or any other force majeure event etc.; and
(e) Other unforeseeable circumstances.
In any of such events of delay and/or non-availability of services as mentioned above, the Service Provider shall make reasonable attempt to inform Users by writing to User’s registered email ID or mobile number.
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4. Compliance With The Information And Technology Act 2000 (as amended/modified up to date) – Our Privacy and Data Protection Policy
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4.1 This privacy policy explains how we collect, use, process and disclose information about the User. By using our Service Platform/Mobile App and/or affiliated services, User accords his approval and consent to the terms of our privacy policy (“Privacy Policy”) which collectively is referred to as our ‘Terms and Conditions and the Policy”. We encourage User to read this privacy policy minutely in order to understand the collection, use, and disclosure of User’s information from time to time, to keep User updated with the changes and updates that wemay make to this policy.
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4.2 This privacy policy describes our privacy practices concerning the website, products and services that are linked to it. However, this policy does not apply to those affiliates and partners that have their own privacy policy. Should User have any clarifications regarding this privacy policy, please write to us at
support@bidforsale.com
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4.3 The collection, storage and use of information related to User(s)
4.3.1 We may automatically store certain information including but not limited to information about User’s web browser, IP address, cookies stored on User(s) device and other information about User(s) based upon User(s) behaviour on the website. We use this information to do internal research on our Users’ demographics, interests and behaviour to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that User(s) just came from (whether this URL is on the website or not), which URL User(s) next go to (whether this URL is on the website or not), User(s) computer browser information, USER(S)’ IP address, and other information associated with USER(S)’ interaction with the website;
4.3.2 We may disclose personal information that we collect or User(s) provide with our group companies, holding, subsidiaries and affiliates, which are entities under common ownership or control of our ultimate parent Service Provider, i.e.
“BFS RETAIL SERVICES PRIVATE LIMITED”;
4.3.3 We may disclose personal information that we collect or User(s) provide with contractors, advertisers and/or service providers who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
4.3.4 We may also share User(s) Mobile IP/Device IP with third party(s) and to the best of our knowledge, be-life and representations given to us by these third party(s) this information is not stored by them;
4.3.5 We also collect and store personal information provided by USER(S) from time to time on the website/app. We only collect and use such information from USER(S) that we consider necessary for achieving a seamless, efficient and safe experience, customized to User(s) needs including:
4.3.5.1 To enable the provision of services opted by User(s);
4.3.5.2 To communicate necessary account and product/service-related information from time to time;
4.3.5.3 To allow User(s) to receive quality customer care services;
4.3.5.4 To undertake necessary fraud and money laundering prevention checks, and comply with the highest security standards;
4.3.5.5 To comply with applicable laws, rules and regulations; and
4.3.5.6 To provide User(s) with information and offers on products and services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to User(s)
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4.4 Where any service requested by User(s) involves a third party, such information as is reasonably necessary by the Service Provider to carry out User(s) service request, may be shared with such third party.
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4.5 We also do use User(s)’s contact information to send User(s) notifications based on the tasks allotted to User(s) and also based on User(s) interests and prior activity. The Service Provider may also use contact information internally to direct its efforts for product improvement, to contact User(s) as a survey respondent, to notify User(s) if User(s) win any contest; and to send User(s) promotional materials from its contest sponsors or advertisers.
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4.6 Contacts Permissions: If User(s) allow us to access User(s)’ contact list information including User(s)’ contacts e-mail ids and any other details saved therein, it enables us to provide social and promotional features to User(s) and User(s) friends/contacts such as sharing User(s) orders with User(s) friends/contacts, inviting User(s) contacts to try our app, send across referral links to User(s) friends/contacts, etc. This information will be synced from User(s) phone and stored on our servers.
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4.7 Further, User(s) may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, name, billing address, shipping address, phone number etc.) on the website. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure websites of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use.
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4.8 The Service Provider will not use User(s) financial information for any purpose other than to complete a transaction with User(s). Additionally, User(s) information may be used to communicate with User(s), screen orders for potential risk or fraud, use of preferences related information for advertising purposes and site optimization.
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4.9 Device information: We may need User(s) device permission to get information about User(s) device, like OS (operating system) name, mobile network, hardware model, unique device identifier, etc. Based on these inputs, we intend to optimize User(s) order experience and thereby serve User(s) better.
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4.10 Location: This permission enables us to give User(s) the benefit of delivering the product to USER(s) address and to provide location specific deals with personalized in-funnel experience.
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4.11 With Other Users: If User(s) are a delivery partner, this permission enables us to verify User(s) exact location information and locate User(s) present location to align User(s) at the preferred region when User(s) begin or engage in a delivery and track the progress and completion of User(s) trips.
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4.12 This feature/permission helps in connecting the right delivery partner with the right delivery opportunity and the path helps in computing the right distance pay along with providing consumers visibility of delivery partners location during delivery for address interventions.
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4.13 SMS: If User(s) allow us to access User(s) SMS, we read User(s) SMS to auto fill or pre-populate ‘OTP’ while making a transaction and to validate User(s) mobile number. This provides User(s) a seamless purchase experience while making an order and User(s) do not need to move out of the app to read the SMS and then enter it in the app.
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4.14 Phone: The app requires access to make phone calls so that User (s) can make phone calls to our customer contact centres directly through the app.
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4.15 Email ID: If User(s) allow us to access User(s)’ email id then, it enables us to send various deals and offers directly to User(s)’ email.
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4.16 Photo/ Media/ Files: We take media storage permissions to cache the jpeg/.png images to provide seamless and fast experience while browsing Service Platform/Mobile, i.e. BFS App.
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4.17 Wi-Fi connection information: When User(s) allow us the permission to detect User(s)r Wi-Fi connection, we optimize User(s)’ experience such as more detailing on maps, better image loading etc.
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4.18 Camera: User(s) can grant camera permission as well to take pictures from User(s)’ camera like that of the invoice, defective products etc., in our customer chat feature.
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4.19 To the extent possible, we provide User(s) the option of not divulging any specific information that User(s) wish for us not to collect, store or use. User(s) may also choose not to use a particular service or feature on the website/application and opt out of any non-essential communications from the Service Provider.
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4.20 Further, transacting over the internet has inherent risks which can only be avoided by following security practices User(s)’ self, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where User(s) account has/may have been compromised.
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4.21 The Service Provider uses data collection devices such as “cookies” on certain pages of the website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small data files placed on User(s) hard drive or device that assist us in providing our services and may include an anonymous unique identifier. The Service Provider offers certain features that are only available through the use of a “cookie”.
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4.22 The Service Provider also uses cookies to allow User(s) to enter User(s) password less frequently during a session. Cookies can also help the Service Provider provide information that is targeted to User(s) interests. Most cookies are “session cookies”, meaning that they are automatically deleted from User(s) hard drive at the end of a session. User(s) are always free to decline our cookies if User(s) browser permits, although in that case User(s) may not be able to use certain features on the website and User(s) may be required to re-enter User(s) password more frequently during a session.
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4.23 Additionally, User(s) may encounter “cookies” or other similar files on certain pages of the website that are placed by third parties. The Service Provider does not control the use of cookies by third parties.
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4.24 If User(s) send the Service Provider personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about User(s) activities on the website, the Service Provider may collect such information into a file specific to User(s).
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4.25 The Service Provider does not retain any information collected for any longer than is reasonably considered necessary by us, or such period as may be required by applicable laws. The Service Provider may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.
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4.26 The website may contain links to other websites. We are not responsible for the privacy practices of such websites which we do not manage and control.
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4.27 To protect against the loss, misuse and alteration of the information under its control, the Service Provider has in place appropriate physical, electronic and managerial procedures. For instance, the Service Provider’s servers are accessible only to authorized personnel and User(s) information is shared with employees and authorized personnel strictly on a need-to-know basis to complete the transaction and to provide the services requested by User(s). Although the Service Providers endeavours to safeguard the confidentiality of User(s) personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using the website, User(s) agree that the Service Provider will have no liability for disclosure of User(s) information due to errors in transmission and/or unauthorized acts of third parties.
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4.28 We may share certain information with governmental agencies or other third parties, where we are:
4.28.1 Obligated under the applicable laws or in good faith to respond to court orders and processes; or
4.28.2 Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;
4.28.3 Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party;
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4.29 Under a duty to disclose or share User(s) personal data in order to enforce our Terms of Use and other agreements, policies or to protect the rights, property, or safety of the Service Providers, our clients/customers, or others, or in the event of a claim or dispute relating to User(s) use of our Services. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction. Please note that the Service Provider will not ask User(s) to share any sensitive data or information via email or telephone. If User(s) receive any such request by email or telephone, please do not respond/divulge any sensitive data or information and forward the information relating to the same to cs@bidforsale.com for necessary action.
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5. Eligibility of the Users
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5.1 Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use/access the Service Platform
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5.2 However, if a User is a minor, i.e., under the age of 18 years, such User may use/access the Service Platform under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms and Conditions including the Policies hereunder. User(s) are however prohibited (even under provision) from Selling/purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.
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5.3 The Service Platform is intended to be a platform for end-consumers desirous of selling and purchasing product(s), as the case may be, of used/reused/refurbished/unused/surplus/unwanted/luxurycommodities/products. If a User is a retailer, institution, wholesaler or any other business User, such User(s) could also use the Service Platform to purchase/sell products from parties/third-party sellers, who have been granted access to the Service Platform to display and offer their products for sale through the Service Platform.
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5.4 The Service Provider, in its sole discretion and without liability, reserves the right to terminate/discontinue or refuse User(s) registration/services, or refuse to permit use/access to the Service Platform, if: (i) it is discovered or brought to notice that USER(S) do not conform to the eligibility criteria, or (ii) the Service Platform has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a User, or (iii) may breach the terms of this User Agreement, (iv) if the user is practising unethical practices not limited to such as counterfeiting.
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5.5 In order to determine compliance with eligibility criteria, the Service Platform, inter alia uses, an algorithm and/or pre-determined criteria-based technology and accordingly, from time to time, User(s) usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if User(s) are a genuine domestic User of the Platform, please contact us for assistance at support@bidforsale.com/in
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6. Licence & Access
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6.1 The Service Provider grants User(s) a limited sub-license to access and make personal use of the Service Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Service Provider. Such limited sublicense does not include/permit any resale or commercial use of the Service Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service Platform or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.
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6.2 Service Provider is either the owner of intellectual property rights or have the exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Service Platform/Mobile App, and in the material published on it, including but not limited, to User interface, layout format, order placing, process flow and any content thereof.
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6.3 User recognize that Service Provider is the registered owner of the word mark ‘Bid For Sale’ and the logo, including but not limited to, its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at support@bidforsale.com/in with all relevant information.
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6.4 User must not modify the paper or digital copies of any materials User has printed off or downloaded in any way, and User must not use any illustrations, photographs, video or audio sequences, as applicable, or any graphics separately from any accompanying text.
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6.5 User must not use any part of the materials on the Service Platform/Mobile App for commercial purposes without obtaining a licence to do so from Service Provider or our licensors, as applicable.
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6.6 If User print off, copy or download any part of the Service Platform/Mobile App in breach of these Terms of Use, User’s right to use the Service Platform/Mobile App will cease immediately and User must, at our option, return or destroy any copies of the materials User have made. The Service Provider would have the right to take appropriate legal action, both civil and criminal, before the appropriate forum against the User for any and all direct/indirect/consequential loss(s), liquidated damages.
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6.7 The Service Platform/Mobile App or any portion of the Service Platform/Mobile App may not be reversed engineered, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Service Provider.
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6.8 User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text or form) of the Service Platform/Mobile App or of the Service Provider and/or its affiliates without the express prior written consent of the Service Provider.
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6.9 User may not use any meta tags or any other “hidden text” utilizing the Service Provider’s name or trademarks without the express prior written consent of the Service Provider.
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6.10 User shall not attempt to gain unauthorized access to any portion or feature of the Service Platform/Mobile App, or any other systems or networks connected to the Service Platform/Mobile App or to any server, computer, network, or to any of the services offered on or through the Service Platform/Mobile App, by hacking, ‘password mining’ or any other illegitimate means.
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6.11 User hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which User(s) do not have any right;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) Harms minors in any way;
(d) Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
(g) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(h) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
(i) Is misleading or known to be false in any way.
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6.12 Any unauthorized use shall automatically terminate the permission or sub-license granted by the Service Provider.
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7. Compliance with Registration for Accounts & Payment Obligations of the User
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7.1 User must register and sign up through his existing email id and mobile number as desired for sale and purchase of products on the Service Platform/Mobile App. User must keep their account and registration details upto date, accurate and correct for all communications related to User’s sales and purchases, as may be applicable, from the Service Platform/Mobile App. By agreeing to the Terms and Conditions and Policies herein, User agrees to receive promotional and/or transactional communications including promotional broadcast(s) from the Service Provider. User can opt out from such communication and/or promotional broadcast either by contacting the customer services team of Service Platform or by placing a request to that effect.
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7.2 As part of the registration/sign up process on the Service Platform/Mobile App, the Service Provider may collect the following personally identifiable information about User, including but not limited to, name, email address, age, address, mobile number, and other contact details, demographic profile (like gender, occupation, education, etc.) and information about the pages on the Service Platform/Mobile App User visits/accesses, the links User click on the Service Platform/Mobile App, the number of times User access a particular page/feature and any such information. Information collected about User is subject to the Privacy Policy of the Service Provider, which is incorporated in these Terms of Use, collectively referred to as Terms and Conditions and the Policies by reference. By registering User’s mobile number with Service Provider, User provide User’s consent and approval to be contacted by Service Provider, its delivery partner(s), via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.
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8. Procedure for Posting/Offering a Product for Sale and Cancellation Policy thereto
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8.1 Product Registration/Posting Product for Sale: The User (the seller in this case) shall have the options to post /offer a product for sale through the Service Platform by uploading the details of the concerned product including a coloured detailed up to date image of the same on the Service Platform/Mobile.
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8.2 While booking/posting a product on the Service Platform for sale, the User (Seller in this case), as far as practicable and possible, shall mandatorily furnish and/or provide the details of the product as accurately as possible in order to meet the requirements/parameters set forth by the Service Provider on the Service Platform. The Service Provider, however, reserves the right to waive any category of requirement/parameter at its sole discretion and User shall accept the same without any protest and/or demur. The User shall mandatorily furnish the required documents in original, including but not limited to invoice, insurance papers, warranty and guarantee documents, apart from providing exact and accurate description of the product, original accessories and packing, if available and where applicable along with a self-endorsed No Objection Certificate (NOC)/Self Declaration by the Seller for the purpose of transfer of ownership in favour of the intended Buyer and a No Claim Certificate (NCC) from the concerned bank/financial institution had the product been originally purchased on bank loan.
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8.3 The User (Seller) in any case will not be able to sell the products on the Service Platform of the Service Provider until and unless the USER has uploaded the relevant documents such as invoice, insurance papers, disclaimer-cum-Certificate of Ownership, self-endorsed No Objection Certificate (NOC)/Self Declaration by the Seller, NOC from financial institutions, if any, etc., warranty and guarantee documents, unless otherwise approved to be uploaded by the Service Provider.
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8.4 Procedure for Posting and Sale of Product by the Seller:
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8.4.1 Once a product has been posted by the User (Seller in this case) the same shall be first checked and approved by the service provider and only after approval by BFS it would be displayed on the Service Platform/Mobile App and the User shall be able to see/view the product which has been posted along with the details of the product made available by the User at the time of posting the product on the Service Platform. Similarly, the User will be able to view the Offer Price as quoted by him for the concerned product together with the approximate actual market price as uploaded by the user at which the product was originally bought by the user and/or the prevailing market price for the same category of the product posted by the User for sale on the Service Platform. The User after posting the product on the Service Platform shall be entitled to edit the details of the concerned product including the Offer Price quoted by the Seller at/for any number of times but before acceptance of the Quoted Offer Price by the prospective/interested buyer.
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8.4.2 The Product posted by the Seller can either be bought at the Offer Price quoted by him for the concerned product or in the alternative there are options that the interested buyer may Bid on the Offer Price for the product in which case the Bid between the Seller and the Buyer will be negotiated in a separate Chat Box exclusively for the Buyer and the Seller for this purpose. The negotiations/rebids shall continue till such time both the buyer and the seller accept/reject the last bid in which case the same shall be treated as the FINAL SALE PRICE of the concerned product. If the buyer fails to execute the purchase within 24 hours by paying the agreed consideration amount/10% of the Advance Booking Amount the bid shall be automatically treated as cancelled and the product shall again be available for Sale on the Service Platform. In the event the buyer has complied to execute the transaction by either paying the agreed consideration amount/10% Advance Booking amount the product shall be shown as “SOLD” under the “Product Sold” tab of the Seller. Bids that have been initiated by the Seller and the Buyer are not time bound and as such shall be displayed as “Live Bids” till such time the Bids are closed and a Final Sale Price has been negotiated and agreed upon by and between the Parties. As long as a Bid is “Live” either of the parties can continue Bidding and/or rebidding as the case may be as long as the Final Sale Price for the Product has not been agreed upon by and between the parties. The Seller is however at liberty to close the Bidding Process at any time if the Seller according to him receives an offer to sale the product from any other perspective buyer at the Offer Price without any negotiation or bidding/re-biddings. For the purpose of bidding and re-biddings, the Seller may entertain multiple bids/re-bids with multiple buyers in connection with the concerned product put up for sale. It shall be the sole discretion of the Seller to accept the final bid/rebids of any prospective buyer to proceed with the completion of the particular transaction.
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8.4.3 At no given point of time the Users, i.e. Seller and Buyer, are allowed to share or try to share their personal contact details for dealing directly and/or indirectly and/or bypassing the Service Provider on seeing potential buyers/sellers. If the same is intended by the Users and subsequently comes to the knowledge and notice of the Service Provider, in such a case the Users, i.e. both Seller and Buyer, would have to mandatorily pay 10% each of the original listed value of the product to the Service Provider by way of compensation/loss of business and profit. Irrespective of what have been mentioned herein and/or anywhere in these Terms and Conditions and the Policies, the Service Provider reserves the right to initiate appropriate legal proceedings and actions, as may be advised, against the Users for the breach of the Terms and Conditions and the Policies, inter alia, amongst others, loss of business and profit at the Users’ exclusive costs and expenses.
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8.5. The Bids as mentioned herein before and which have been finalised and accepted between the parties shall appear as “Closed Bids”
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8.6 Once the product has been put up for sale by the User (Seller in this case) on the Service Platform and the same has reached to the Hub of the Service Provider and/or been handed over to the logistic partner of the Service Provider and set in transit, the User (Seller) for whatsoever reason does not have any right to cancel/withdraw the product from effecting the complete sale to happen. Only the Service Provider have the right to return the product back to the seller in the event (a) the Service Provider, after evaluation, finds the product to be unfit for the transaction, or (b) the buyer return the product if the same is found unacceptable as per the Buyer’s expected standards.
In any scenario, once the product is received at the Service Provider’s inspection centre/Hub, and it is found that the product doesn’t match the listing, and/or is unfit/damaged or the post has been misleading, in such an event the Service Provider shall be entitled to retain the product and not to return the same to the Seller till the time the seller pays the penalty/cancellation charges to the tune of INR 1000/-to the Service Provider. Such penalty/cancellation fee shall in no event be paid beyond a period of 3days from the date of such cancellation failing which the Service Provider shall be at liberty to charge INR 100/- per day over and above the said penalty/cancellation charges and after the lapse of 15 days the Service Provider shall further be at liberty to deal with and/or otherwise dispose of the product for recovery of its Standard Expense incurred for safe keeping/storing the product at its hub in an acceptable condition including the composite penalty amount and excess amount, if any, from such disposal shall be refunded to the Seller without any interest within 15 workingdays to the designated bank account of the Seller. Subject to what has been mentioned in this clause and/or anywhere in these Terms and Conditions and the Policies, once the product is received by the Service Provider at its hub, the Seller will not be entitled to cancel the sale.
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8.7 Subject to what has been mentioned in clause 8.6 herein before and/or anywhere in these Terms and Conditions and the Policies, the Product will remain in the custody of the Service Provider till the time the seller pays the penalty amount for cancellation/return as the case may be of the said product depending upon the penalty amount applicable for the category of the product.
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8.8 The Seller can avail any of the options as herein below to make the posted product available to the hub of the Service Provider:
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8.8.1 The Seller can make the product and all concerned documents related thereto, as mentioned in these Terms and Conditions and the Policies, available at the Hub of the Service Provider by personally delivering the same at his own costs, expenses and risks. The Service Provider in such an event shall not be liable for any kind of loss, damages, etc. if at all incurred by the Seller during the transit/transportation of the same till it reaches to the designated person assigned in this regard by the Service Provider at the Hub of the Service Provider. Subject to Clause 12.1 hereinafter, final receipt of the acknowledgement of the product by the Service Provider in this regard is always subject to the Service Provider satisfying itself with regard to the product matching with the details and the descriptions mentioned/posted by the Seller.
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8.8.2 In the alternative the Seller can avail the logistics services provided by the Service Provider for transporting/making the product available at the hub of the Service Provider through its logistics partner. For availing this service, the seller is required to purchase the “SHIPPING KIT” at the applicable cost which option will be available from the service platform at the time of posting of the product for sale. The Seller will also be required and shall be responsible for getting the product securely wrapped by making use the “SHIPPING KIT” purchased from the Service Provider in this regard. The Seller shall handover the product together with all related documents mentioned pertaining to the product to the assigned logistic partner of the Service Provider and obtain a provisional acknowledgment of receipt to that effect from the assigned logistic partner. Subject to Clause 12.1 hereinafter, final receipt of the acknowledgement of the product by the Service Provider in this regard is always subject to the Service Provider satisfying itself with regard to the product matching with the details and the descriptions mentioned/posted by the Seller. In taking this additional service the Service Provider would have the consignment well insured, and in an event of any damages etc., the seller would have the benefit of claiming any such damages through the Service Provider directly with the insuring company.
Irrespective of what have been mentioned in Clauses 8.8.1 and 8.8.2 above, it shall be mandatory on the part of the Seller to obtain/avail of the shipping kit from the Service Provider at the applicable price which shall contain adhesive seal(s)/holograms and packaging items. The Service Provider shall not be obliged to acknowledge receipt of any product, be it personally delivered or sent through the logistic partner, in case the adhesive seal/hologram affixed on the packaging is tampered with for whatsoever reason.
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8.9 Payment of Proceeds to the Seller for the Product sold through the Service Platform:
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8.9.1 All payments/proceeds pertaining to the product sold, including applicable taxes, shall be paid directly to the Service Provider by the Buyer through Net Banking Debit/Credit Card, Payment Wallets, UPI or cash on delivery as applicable and available during checking out of the shopping cart. For this purpose, the Seller hereby expressly and equivocally authorises the Service Provider to collect the payments/proceeds sold by the Seller through the Service Platform.
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8.9.2 Subject to what has been mentioned in Clause 8.8 above and or any other provisions of these Terms and Conditions and the Policies, the seller shall be entitled to receive the proceeds for the product sold through the Service Platform within 5 to 7 business days from the date of the product being sold, delivered and accepted by the buyer after deduction of 10% on the sale proceeds as the Service Provider charges/commission, be it the Offer Price or the Bid Price finally negotiated, plus applicable taxes and charges, if any, being the commission receivable, by the Service Provider. Such payment will be made through Net Banking into the designated Bank Account provided by the Seller at the time of registering on the Service Platform.
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8.10 We maintain a list of all fraudulent transactions and non-complying Users, and reserve the right to deny access to such Users at any time or cancel any bookings placed by them in future.
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8.11 Bookings may be cancelled by the Service Provider in any of the following cases: (a) if it is suspected that a User has undertaken a fraudulent transaction, or (b) if it is suspected that a User has undertaken a transaction which does not conform to or violates these Terms of Use/User Agreement, or (c) in case of unavailability of product(s), (d) the service provider feels that the product is not of standard and quality or could be a potential counterfeit, or (e) for any reason outside the control of the Service Provider, including causes for delivery-related logistical difficulties. For such cancellations, the Service Provider will initiate a refund, if any, made by User(s) under the relevant order within 72 hours.
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8.12 We maintain a list of all fraudulent transactions and non-complying Users, and reserve the right to deny access to such Users at any time or cancel any orders placed by them in future.
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9. Procedure of Placing Orders for Purchase and Cancellation Policy thereto
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9.1 The User (Buyer in this case) shall have the options to place anorder for the intended product through the Service Platform either at the Offer Price displayed for the product or may bid a price for the same in which case the Bid between the Seller and the Buyer will be negotiated in a separate Chat Box exclusively available for the Buyer and the Seller for this purpose. The negotiations/rebid shall continue till such time both the buyer and the seller accepts the last bid in which case the same shall be treated as the FINAL SALE PRICE for the concerned product. If the buyer fails to execute the purchase within 24 hours by paying the agreed consideration amount/10% of the Advance Booking Amount the bid shall be automatically treated as Cancelled and the product shall again be available for Sale on the Service Platform. In the event the buyer has complied to execute the transaction by either paying the agreed consideration amount/10% Advance Booking amount the product shall be shown as “PURCHASED/ORDER” under the “PURCHASED/ORDERED” tab of the Buyer. Bids that have been initiated by the Seller and the Buyer are not time bound and as such shall be displayed as Live Bids till such time the Bids are closed and a Final Sale Price has been negotiated and agreed upon by and between the Parties. As long as a Bid is “Live”, either of the parties can continue Bidding and/or Re Bidding, as the case may be, so long as the Final Sale Price for the Product has not been agreed upon by and between the parties. The Seller is, however, at liberty to close the Bidding Process at any time if the Seller according to him receives an offer to sale the product from any other perspective buyer at the Offer Price without any negotiation and/or bidding.
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9.2 The Buyer may purchase a product through the Service Platform either by making full and final payment for the product intended to be purchased at the Offer Price and or at the Final Price that has been negotiated through Net Banking, Debit Card, Credit Card, Payment Wallets, UPI as per the convenience of the User (buyer in this case) or alternatively on a deferred payment basis, i.e., Cash on Delivery (COD) and in such an event the User, shall have to make an advance/booking amount via online mode, being 10% of the total price of the said product intended to be purchased. Please note services like COD may incur extra handling charges, which would be notified from time to time at the time of checkout at the Service Platform.
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9.3 In the event the Buyer is purchasing the product through Bidding after negotiation of the Final Sale Price with the Seller but fails to execute the purchase within 24 hours by paying the agreed consideration amount, i.e., the Final Sale Price and/or 10% of the Advance Booking Amount the bid shall be automatically treated as Cancelled and the product shall again be available for Sale on the Service Platform. In such event the Service Provider could impose a fine on the buyer, or restrict the usage of the buyer/user being an unethical user for bidding a transaction but defaulting in completing the transaction. In the event the buyer has complied to execute the transaction either by paying the agreed consideration amount, i.e., the Final Sale Price, and/or 10% Advance Booking amount the product shall be shown as “PURCHASED/ORDERED” under the “PRODUCT PURCHASED/ORDERED” tab of the Buyer.
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9.4 The Users acknowledges, understands and confirm that the Service Provider is providing high end reused/pre-used/second hand/pre loved/luxury commodities/products and in case of deferred payment basis, i.e., Cash on Delivery, full payment cannot be made by the User at the time of delivery by cash. A mere amount of 10% has to be paid mandatorily via online mode as booking amount while placing the order on the Service Platform.
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9.5 However at the time of delivery of the product, if required or so far as taking into account convenience of the User, payment through Net Banking, Debit Card, Credit Card, Payment Wallets, UPI can also be availed of instead of Cash.
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9.6 The Buyer may choose to return a product within 24 hours, save and except on the grounds of discrepancies/mismatch of product as may be mentioned anywhere in this terms and conditions and the Policies, from the time of receipt of the same from the Service Provider. No request for return and or cancellation beyond this window of 24 hours shall be entertained and the product shall be deemed to have been sold to the buyer.
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9.7 Once the order has been placed by the User on the Service Platform and the User for whatsoever reason cancels the order while the product is in transit, a standard deduction charge calculated at the rate of 10% of the booking amount or INR 5000/-, whichever is higher, shall be deducted upon intimation and the remaining amount shall be refunded back within 72 hours to the same source of account from which payment was made by the User in case of Online Payment. Similarly, in case for cancellation of COD Orders while the product is in transit a standard deduction charge calculated at the rate of 10% of the booking amount or INR 5000/-, whichever is higher, shall be deducted upon intimation from the advance /booking amount and the remaining amount shall be refunded back to the same source of account shall be refunded back within 72 hours to the same source of account from which payment was made by the User.
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10. Pricing and Payment Procedure
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10.1 Pricing: The Service Provider aims to ensure that prices of all products offered for sale, be it the Offer Price and/or the Final Sale Price post bidding and rebids as mentioned herein before, are true and correct. In each such case, notwithstanding anything to the contrary, the Service Provider reserves the right to cancel the order without any further liability and always subject to imposition of penalty as mentioned in clause 8.6 herein before. Price for each product is inclusive of handling charges, however, the shipping charges shall be applicable in addition to the product price depending upon the place of delivery and frequency of delivery opted for.
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10.2 Payment Options: The Users (the buyer in this case) shall have the option to make payment for the products intended to be purchased by them through this Service Platform under the following modes:
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10.2.1 Payment through Online Mode:
The User (buyer in this case) can avail making full payment for the product intended to be purchased from the through the Service Platform by opting for online payment either through Net Banking, Debit Card, Credit Card, Payment Wallets, UPI as per the convenience of the User(buyer in this case);
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Payment through Offline Mode:
The User (buyer in this case) can avail the product intended to be purchased from the User through the Service Platform by making a minimum 10% online payment either through Net Banking, Debit Card, Credit Card, Payment Wallets, UPI as per the convenience of the User (buyer in this case) and rest 90% Cash on Delivery. Extra charges for handling cash on delivery may pertain and would be notified on checkout.
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The Service Provider in no event solicit or cause solicitation of any confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Users are advised not to disclose these details to fraudsters and imposters claiming to be calling on BFS behalf. User(s) may report such suspicious activities to support@bidforsale.com.
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11. Transfer of Ownership
The Ownership of the Product shall be deemed to be transferred in favour of the buyer under the following two circumstances:
(a) Online Payment of the full consideration amount: in such event the service provider shall hold the product on behalf of the seller till the time of actual delivery of the product to the buyer
(b) Cash on Delivery: Upon the buyer making payment of the balance consideration amount in favour of the service provider through Net Banking, Debit Card, Credit Card, Payment Wallets, UPI at the time of actual delivery of the product to the buyer
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12. Return of Product(s)
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12.1 Return of Product by the Service Provider: Upon receipt of the Product from the User (Seller in this case), the Service Provider shall satisfy itself with regard to the quality, ownership, claims if any, genuineness of the product, etc including the price quoted for the product by the User. Upon satisfaction, which is the absolute discretion of the service provider, the service provider may further process the product on the Service Platform for online transaction. In the event of dissatisfaction of the service provider with regard to the product, on the parameters mentioned above, the Service Provider shall return the product to the User, the seller in this case within 7-10 days after deduction of the Standard Charges. In any event it shall be the obligation of the User (the seller in this case) to provide and to make available to the service provider, on demand or otherwise, all documentation related to the product for example, invoice, warranty card if any, No Claim Certificate/NOC from any financial institution – if the product has been originally purchased on product finance basis, and a self-declaration with regard to the genuineness and title of the product.
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12.2 Return of Product by the User (Buyer in this case): Upon receipt of the Product by the User (Buyer in this case), the buyer shall satisfy itself with regard to the quality and genuineness of the product i.e., packaging, seals and holograms affixed on the package and the product. The Buyer may return the product to the Service provider in the event the package seal’s and holograms are tampered with or if the product was different from the product displayed on the website at the time of booking/purchase. The User in that case within 1 day (24 hrs) may return the product along with the packaging, adhesive seals and holograms in an acceptable condition by the Service Provider along with the title documents including invoice, warranty card, if any, No Claim Certificate/NOC from any financial institution, failing which the Service Provider shall not be obliged to take the return of the product. Refund as applicable shall be made over to the buyer into the same source of account after deduction of standard handling and shipping charges.
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12.3 Products once delivered are non-returnable, except in case the same are damaged, defective, expired or incorrectly delivered and USER(s) are requested to read the return policy of each product listed at the Service Platform before raising any request for return or refund. The parties for acceptance of the product at any point will have to make sure that the security tag is intact and not tampered with.
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12.4 All refunds for returns and cancellations will be processed within days from the date of return of the product subject to satisfactory checks and the refunds shall be processed in the same manner as they are received, unless refunds have been provided to User(s) in the form of credits, refund amount will reflect in User(s) account based on respective banks policies. Refunds for products purchased on cash on delivery basis shall be refunded/credited into the designated bank account and/or e-wallet of the app, as the case may be, of the Buyer. All refunds shall be made in Indian Rupees only.
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13. Packaging, Shipping and Delivery:
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13.1 All our packages come with tamper proof packaging. Users (Buyer in this case) are requested not to accept packages where the seal/hologram of the service provider is broken/tampered. Any package where the seal/hologram of the service provider is broken/tampered with/damaged. To ensure the products that are delivered to the User (buyer in this case) the seal/hologram of the service provider that are affixed on the products indicates that the product is good and usable in quality and that the product is genuine in nature, always subject to normal wear and tear. The hologram/seal of the Service Provider on any product delivered to the User indicates thorough and satisfactory quality checks from the end of the Service Provider.
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13.2 Subject to whatever has been mentioned elsewhere in these Terms and Conditions and the Policies, the User must ensure that the adhesive hologram/seal affixed on the product is/are not tampered with/broken/damaged/removed consequent of which shall disqualify the product from return to the service provider and no refund shall be processed to the User regarding the same
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13.3 The User understands and acknowledges that the Service Provider partners with third party logistics service providers (“Logistics Partners”) in order to carry out Product shipping and delivery to you. Service Provider shall provide the details of the Logistics Partner responsible for processing the shipping and delivery of any Product(s) purchased by the User on the Service Platform at the time such Product is processed and successfully handed over to the Logistics Partner by us. The Products are usually collected and or dispatched, as the case may be, within 2 to 4 days of receiving the Order on the Service Platform. This estimated timeline for collection and dispatch of the product shall be notified if available to the User on the order confirmation page displayed at the time the order is confirmed by us. The time required for such services would differ from time to time and place to place. We will also share details about the orders pursuant to their collection and dispatch, as the case may be, on the e-mail ID and/or mobile number provided by you/registered with us. User agree and understand that though we effectuate Product delivery to the Users through our Logistics Partners, we reserve the right to ship and deliver the Products on our own without engaging any Logistics Partners or third-party service providers. User agree and understand that though we endeavour to ship and deliver our Products all across India, we may, in our sole discretion determine a select list of areas which are unserviceable for delivery of Products, from time to time. Weand or our Logistics Partners do not provide shipping and delivery services in such unserviceable areas and may not process your orders on the Service Platform in such cases. In the event an area has been deemed unserviceable by us, we shall notify such User at the time of placing an order for purchase of Products on the Website. User may also verify whether an area is unserviceable for deliveries by us by entering the relevant area pin-code on www.bidforsale.com
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13.4 User agree and acknowledge that to effectuate timely delivery of the purchased Products to you we may inquire or collect specific information like your name, shipping address, billing address, landmarks, contact details, etc. User shall ensure that all information that is submitted by User to us on the Website is true, complete, accurate and sufficient to identify the actual place of delivery. User understand that User shall bear absolute liability in case of any failure by us in collecting and delivering as the case may be the purchased Products due to User failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct, complete, sufficient and accurate information to enable us to execute a successful collection and delivery of the Products.
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13.5 We will attempt to collect and deliver, as the case may be, the booked/purchased Product from/to User’s designated address within the estimated timeline of collection and delivery as the case may be notified to you. In the event you are not available or present to deliver to us and/or to accept the delivery of the Product, as the case may be, our Logistics Partners will make a maximum of three (3) attempts to collect and or deliver, as the case may be, the product sold and/or the purchased Product(s), as the case may be, from /to you. If the third delivery attempt is unsuccessful and you continue to remain unavailable, we reserve the right to cancel the order of the product sold and/or purchased Product(s) at our sole discretion and the Product will be sent back to its original source as and where applicable. We further reserve the right to deduct the shipping and delivery charges borne by us while processing any refunds if applicable subsequent to such cancellation.
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13.6 While we make reasonable endeavours in ensuring that sold/purchased Products are collected/delivered from/to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the pickup/delivery may be delayed on account of:
(a) Logistics issues beyond our control;
(b) Unsuitable weather conditions;
(c) Political disruptions, strikes, employee-lockouts, etc.;
(d) Acts of God such as floods, earthquakes, etc.; and
(e) Other unforeseeable circumstances.
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13.7 In such events of delay, we shall try to make reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in collection/delivery of sold/purchased Products. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in collection/shipment or delivery or use of the sold/purchased Products.
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13.8 We endeavour to engage Logistics Partners, employees, agents with highest regard for ethics and integrity; and who behave in a fashion that exudes thorough professionalism, competence and good mannerism. You agree and acknowledge that the actions, inactions of collection/delivery individuals are not in our control, and it is not possible for us to monitor and observe each collection/delivery executive. Since we are merely facilitating collection/delivery of a Product sold/purchased by you, we shall not be liable for any acts or omissions on part of our collection/delivery agents, employees, or personnel and/or the Logistics Partners or their employees, agents, or personnel including deficiency in service, wrong delivery of Product, time taken to collect/deliver the Product, Product packaging, tampering, misconduct etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our collection/delivery executives or the employees, agents, personnel of the Logistics Partners is beyond our control and any issue arising between you and our delivery executive or an employee, agent, personnel of the Logistics Partners will have to be resolved by you, independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the Products to you.
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13.9 Once User places a booking for Sale/order for Purchase of product on Service Platform, Service Provider shall process such order from it send and hand over the details of the Product to our Logistics Partner for collection/delivery as the case may be. The User will receive a unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable the User in tracking the status of delivery of the purchased Products. The User may use the tracking identity number on the Website or the website and/or the mobile application of the Logistics Partner to check the status and location of the Product sold/purchased, as the case may be, and its estimated time of collection/delivery, as the case may be. Service Provider’s operations and service teams coordinate with the Logistics Partners to ensure that the Products are collected/delivered as the case may be from/to User at the earliest and make all reasonable efforts in ensuring that the Logistics Partners update the tracking status of the Products sold/purchased on the real time basis. It is clarified that we engage third party service providers to effectuate deliveries of the Products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/or other technical difficulties which are not in our control.
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13.10 Service Provider reserve the right to charge or collect Shipping Fees on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. In the event we charge a shipping fee for the collection/delivery of the Product sold/purchased, as the case may be, such shipping fees will not be refunded by us pursuant to any return request raised by you. However, we may make exceptions and refund the shipping fees in the event a defected, damaged, deficient or incorrect Product (for reasons attributable to, and accepted by us after due verification in our sole discretion) has been delivered. User acknowledge and accept that subject to what has been mentioned elsewhere in these Terms and Conditions and the Policies in this regard, the title and risk of all Products posted/ordered by User shall pass on to User upon the delivery of the Products purchased to User. User(s) agree that the Logistics Partners are authorized to collect cash for and on behalf of the Service Provider for ‘Cash on Delivery’ orders.
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13.11 Subject to what has been mentioned elsewhere in this regard in these Terms and Conditions and the Policies, return of Products purchased are facilitated through our reverse-Logistics Partners. On receipt of request for return of Product on Service Platform and the same being duly acknowledged by Service Provider, our reverse-Logistics Partners shall get in touch with you in order to collect the purchased Products from you. We process returns of purchased Products in accordance with our existing Terms and Conditions and the Policies dealing with cancellation, return and refund.
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14. Indemnity
Subject to what has been mentioned elsewhere in these Terms and Conditions and the Policies herein, User agree to defend, indemnify and hold harmless the Service Provider, its employees, directors, officers, agents, representatives, vendors and their successors in interest and permitted assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of any claims of whatsoever nature based upon a breach of any warranty, representation or undertaking in this Service Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry and or termination of this User Agreement whichever is earlier.
While the service provider will make the best of efforts to deliver quality genuine products, the end inspection and acceptance would be by the end parties, and they would have the time of 24 hours to decide whether they would like to accept or return the products in question, and in no manner would the service provider be liable in any way.
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15. Advertising
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15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Service Provider on the Service Platform are subject to change without specific notice to User(s). In consideration for Service Provider granting User(s) access to and use of the Services, User(s) agree that Service Provider may place such advertising on the Service Platform.
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15.2 Part of the site may contain advertising information or promotional material or other material submitted to Service Provider by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Service Platform complies with applicable international and national law is exclusively on the party providing the information/material. User(s) correspondence or business dealings with, or participation in promotions of, advertisers other than Service Provider found on or through the Service Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties and/or representations associated with such dealings, shall be solely between User(s) and such advertiser. Service Provider will not be responsible and/or liable in any manner whatsoever for any error or omission, inaccuracy in advertising material or any loss or damage or claim of whatsoever nature incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Service Platform.
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15.3 The service provider from time to time may select random products uploaded from different users to promote it on other portals and platform for advertising the service platform/apps and would also from time-to-time display transactions completed on the platform for informing offers and products and their pricing which are being transacted on the platform. In no event would the service provider share details of the buyer or seller on such advertises.
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16. Disclaimers
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16.1 User(s) acknowledge and undertake that User(s) are accessing the services on the Service Platform and transacting at User(s) own risk and are using User(s) best and prudent judgement before entering into any transactions. The Service Provider makes best efforts to display available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, since the same are representative/representation only, accordingly, the actual colour, size, shape and appearance may vary from the depiction on User(s)’s mobile/computer screen.
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16.2 The Service Provider does not make any representation or warranties in respect of the products available on the Service Platform nor does the Service Provider implicitly or explicitly support or endorse the sale or purchase of any products on the Service Platform. The Service Provider accepts no liability for any error, inaccuracy or omission of third parties, including but not limited to third party claims, or for information/inputs received from third parties and provided to User(s) through the Service Platform or otherwise.
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16.3 User(s) further acknowledge and agree that the Service Provider shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between User(s) and the relevant third-party seller. The Service Provider does not have any control over the quality, failure to provide or any other material aspect whatsoever related to the product(s)
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16.4 Disclaimers by the Service Provider
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16.4.1 The platform may be under constant upgrades, and some functions and features may not be fully operational.
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16.4.2 Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
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16.4.3 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
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16.4.4 You acknowledge that third party services are available on the Service Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's/merchants’ services, if applicable.
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16.4.5 We disclaim and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the merchant, if and where applicable.
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16.4.5 While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
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16.4.6 The information provided hereunder is provided on "as is" basis. Service Provider and/or its employees, agents, representatives make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
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16.4.7 We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
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16.4.8 In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the Service Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
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17. Reviews, Feedback, Submissions
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17.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Service Platform or otherwise disclosed, submitted or offered in connection with use of the Service Platform (collectively, the Comments) shall be and remain the property of the Service Provider. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Service Provider of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Service Provider shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
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17.2 The Service Provider will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. The Service Provider is and shall be under no obligation to:
(i) maintain any Comments in confidence; or
(ii) pay compensation for any Comments; or
(iii) respond to any Comments. User(s) agree that any Comments submitted by User(s) on the Service Platform will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. User(s) further agree that no Comments submitted by User(s) on the Service Platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Service Provider does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Service Platform. User(s) hereby grant the Service Provider the right to use names that User(S) submit in connection with any Comments. User(s) agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments User(s) submit. User(s) are, and shall remain, responsible for the content of any Comments User(s) make and User(s) agree to indemnify the Service Provider and its affiliates against all claims, loss and liabilities resulting from any Comments User(s) submit.
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17.3 Further, any reliance placed on Comments available on the Service Platform from a third party shall be at User (s) sole risk and expense.
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17.4 We will evaluate the contents of User(s) notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to User(s) for additional details. It may be noted that reporting inaccurate, false or misleading information to support@bidforsale.com may result in civil and/or criminal liability.
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17.5 User(s) agree to indemnify BFS RETAIL SERVICES PVT LTD for all claims brought by at hired party(s) against arising out of or in connection with the submission of User(s) email at support@bidforsale.com
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18. Objectionable Material
User(s) understand that by using the Service Platform or any services provided on the Service Platform, User (s) may encounter content that may be deemed by some to be offensive, indecent, or objectionable which content may or may not be identified as such. User(s) agree to use the Service Platform and any service at User(s) sole risk and that to the fullest extent permitted under applicable law, the Service Provider and its affiliates shall have no liability to User(s) for any content that may be deemed offensive, indecent, or objectionable to User(s)). The Service Provider, however, reserves the right to take appropriate actions, as per law, against any offensive, indecent and/or objectionable content and the maker of the same (both Seller and Buyer as the case may be), apart from termination/blockade of the account of the User responsible for posting/making such offensive, indecent, filthy, abusive and/or objectionable comments/posts.
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19. INTELLECTUAL PROPERTY RIGHTS
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19.1 The Service Provider, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Service Platform. Access to or use of the Service Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to the Service Provider’s intellectual property rights. All rights, including copyright, in and to the Service Platform are owned by or licensed to the Service Provider. Any use of the Service Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Service Provider
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19.2 User(s) may not modify, distribute or re-post anything on the Service Platform for any purpose. The names, logos and service names, design marks and slogans related to the services are the copyrights and trademarks/service marks of the Service Provider, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Service Platform. Access to or use of the Service Platform does not authorize anyone to use any name, logo or mark in any manner whatsoever. References to the Service Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to User(s) after having express consent from third parties and do not in any way constitute or imply the Service Provider’s endorsement, sponsorship or recommendation of the third party, the information, its product or services
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19.3 The Service Provider is not responsible for the content of any third-party sites and does not make any representations or warranties regarding the content or accuracy of material on such sites. If User(s) decide to access a link of any third-party websites, USER(S) do so entirely at User(s) own risk and expense and consequence.
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19.4 Report intellectual property rights infringement: User and its affiliates respect the intellectual property(s) of other entities. If User(s) believe that User(s) intellectual property rights have been violated/used in any manner, which results in infringement, then please inform us at support@bidforsale.com
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20. Limitation of Liability
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20.1 The aggregate liability of the Service Provider, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a User for sales/purchases made pursuant to an order under which such liability has arisen and been established.
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20.2 It is acknowledged and agreed that notwithstanding anything to the contrary, the Service Provider shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
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21. Termination
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21.1 This User Agreement is effective unless and until terminated, either by User(s) or by the Service Provider. User(s) may terminate this User Agreement at any time, provided that User(s) discontinue any further use of the Service Platform. The Service Provider may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny User(s) access to the Service Platform.
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21.2 The Service Provider’s right to any comments, costs, compensation, damages – direct and indirect, consequential damages, loss of profits and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel User(s) obligation to pay for product(s) already ordered from the Service Platform or affect any liability, inter alia, costs, compensation, damages – direct and indirect, consequential damages, loss of profits that may have arisen under the User Agreement prior to the date of termination.
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22. Dispute Resolution, Governing Law& Jurisdiction
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22.1 The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws there under.
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22.2 Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms and or policies hereof shall be referred to an independent arbitrator to be appointed by the Service Provider. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended and or modified and or re-enacted from time to time. The seat of arbitration shall be Kolkata and the language of the arbitration shall be English.
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22.3 Subject to the aforesaid, the Courts at Kolkata alone shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
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23. Non-Circumvention
Users, i.e., Seller and Buyer, agrees not to directly or indirectly contact, deal with, transact, or otherwise be involved with any corporation, partnership, proprietorships, trust, individuals, or other entities introduced by Service Provider through its Service Platform/Mobile App without the specific written permission of the Service Provider. Users, i.e., Seller and Buyer, further agrees not to directly or indirectly circumvent, avoid or bypass Service Provider regarding any transactions, cooperation, partnerships, proprietorships, trusts, or other entities/individuals introduced by Service Provider.
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24. Grievance Redressal Mechanism
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24.1 In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer and Nodal Person who can be contacted for any complaints or concerns pertaining to the Service Platform, including those pertaining to breach of the Terms of Use or any other policies are published as under:
(i) Details of the Grievance Officer
___________________________
Grievance Officer
___________________ Private Limited
_______________________________________________________
Email address: ____________________________
Time: Monday - Friday (_____ hours to ____ hours)
(ii) Details of the Nodal person
____________________________
Nodal Officer
__________________ Private Limited
____________________________________________
Email address: ________________________
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24.2 Grievance Redressal Mechanism: The Service Platform shall provide a Unique Docket Number/Complaint Reference Number for each grievance raised by the User(s), enabling the Users to track the status and outcome the same, if any. The said Reference Number shall be shared on the registered mobile number and Email ID of the concerned User(s).The Users are advised to retain the Unique Docket Number/Complaint Reference Number till the resolution of the particular grievance which in any event shall be resolved within 3 Business Days(Excluding Saturday, Sunday and Notified Holiday(s).
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25. Communication with the SERVICE PROVIDER
If User(s) wish to correct or update any information User(s) have provided, User(s)may do so online, on the Service Platform itself. Alternatively, User(s) may contact the Service Provider to correct or update such information by sending an email to: support@bidforsale.com. In the event of loss of access to the Service Provider, User(s) may contact the Service Provider by sending an email to: support@bidforsale.com.
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26. Privacy policy
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26.1 “BFS” is a trademark of “BFS Retail Services Private Limited” (“SERVICE PROVIDER”), a Company incorporated under the Companies Act, 2013 with its registered office at Altitude The Business Park 2 O.C. Ganguly Sarani Kolkata 700020 West Bengal, India. The domain name www.bidforsale.com is owned by the Service Provider.
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26.2 The Service Provider respects User(s) privacy and values the trust User(s) place in it. Set out below is the Service Provider’s ‘Privacy Policy’ which details the manner in which information relating to User(s) is collected, used and disclosed.
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26.3 Customers are advised to read and understand our Privacy Policy carefully, as by accessing the website/app User(s) agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to User(s) as provided herein.
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26.4 If User(s) do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of User(s) information, please do not use or access the website/app.
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26.5 Our Privacy Policy is incorporated into the Terms and Conditions and the Policies/User Agreement of the Service Platform and is subject to change from time to time without notice. It is strongly recommended that USER(S) periodically review our Privacy Policy as posted on the Service Platform.
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26.6 Should User(s) have any clarifications regarding this Privacy Policy, please do not hesitate to contact us at support@bidforsale.com
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27. The Collection, Storage And Use Of Information Related To User(s)
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27.1 We may automatically store certain information including but not limited to information about USER(S)r web browser, IP address, cookies stored on User(s) device and other information about User(s)) based upon User(s) behaviour on the website. We use this information to do internal research on our Users’ demographics, interests and behaviour to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that User(s) just came from (whether this URL is on the website or not), which URL User(s) next go to (whether this URL is on the website or not), User(s) computer browser information, User(s) IP address, and other information associated with User(s) interaction with the website.
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27.2 We may also share User(s) Mobile IP/Device IP with third party(s) and to the best of our knowledge, be-life and representations given to us by these third party(s) this information is not stored by them.
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27.3 We also collect and store personal information provided by User(s) from time to time on the website/app. We only collect and use such information from User(s) that we consider necessary for achieving a seamless, efficient and safe experience, customized to User(S) needs including:
(i) To enable the provision of services opted by User(S);
(ii) To communicate necessary account and product/service-related information from time to time;
(iv) To allow User(s) to receive quality customer care services;
(v) To undertake necessary fraud and money laundering prevention checks, and comply with the highest security standards;
(v) To comply with applicable laws, rules and regulations; and
(vi) To provide User(s) with information and offers on products and services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to User(s)
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27.4 Where any service requested by User(s) involves a third party, such information as is reasonably necessary by the Service Provider to carry out User(s) service request, may be shared with such third party.
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27.5 We also do use User(s) contact information to send User(s) notifications based on the tasks allotted to User(s) and also based on User(s)interests and prior activity. The Service Provider may also use contact information internally to direct its efforts for product improvement, to contact User(s) as a survey respondent, to notify User(s) if User(s) win any contest; and to send User(s) promotional materials from its contest sponsors or advertisers.
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27.6 Contacts Permissions: If User(s) allow us to access User(s) contact list information including User(s) and User(s) contacts’ e-mail ids and any other details saved therein, it enables us to provide social features and promotional offers to User(s) and/orUser(s) friends/contacts such as sharing User(s) orders with User(s) friends/contacts, inviting User(s)contacts to try our app, send across referral links to User(s) friends/contacts, etc. We may also use this information to make recommendations for groceries. This information will be synced from User(s)phone and stored on our servers.
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27.7 Further, User(s) may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, name, billing address, shipping address, phone number etc.) on the website. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure websites of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use.
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27.8 The Service Provider will not use User(s)financial information for any purpose other than to complete a transaction with User(s). Additionally, User(s) information may be used to communicate with User(s), screen orders for potential risk or fraud, use of preferences related information for advertising purposes and site optimization.
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27.9 Device information: We may need User(s) device permission to get information about User(s) device, like OS (operating system) name, mobile network, hardware model, unique device identifier, etc. Based on these inputs, we intend to optimize User(s) order experience and thereby serve User(s) better.27.9 Device information: We may need User(s) device permission to get information about User(s) device, like OS (operating system) name, mobile network, hardware model, unique device identifier, etc. Based on these inputs, we intend to optimize User(s) order experience and thereby serve User(s) better.
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27.10 Location: This permission enables us to give User(s) the benefit of delivering the product to User(s) address and also to provide location specific deals with personalized in-funnel experience.
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27.11 With Other Users: If User(s) are a delivery partner, this permission enables us to verify User(s) exact location information and locate User User(s) present location to align User(s) at the preferred region when User(s)begin or engage in a delivery and track the progress and completion of User(s)’ trips.
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27.12 This feature/permission helps in connecting the right delivery partner with the right delivery opportunity and the path helps in computing the right distance pay along with providing consumers visibility of delivery partners location during delivery for address interventions.
27.12 SMS: If User(s) allow us to access User(s)’ SMS, Service Provider read User(s)’ SMS to autofill or pre-populate ‘OTP’ while making a transaction and to validate User(s)’ mobile number. This provides User(s)a seamless purchase experience while making an order and User(s)do not need to move out of the app to read the SMS and then enter it in the app.
27.12 Phone: The app requires access to make phone calls so that USER(S) can make phone calls to our customer contact centres directly through the app.
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27.13 Email ID: If User(s) allow us to access User(s)’ email id then, it enables us to send various deals and offers directly to User(s)’ email.
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27.14 Photo/Media/Files: We take media storage permissions to cache the images to provide seamless and fast experience while browsing Service Platform/Mobile App.
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27.15 Wi-Fi connection information: When User(s) allow us the permission to detect User(s)’ Wi-Fi connection, we optimize User(s)’ experience such as more detailing on maps, better image loading etc.
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27.16 Camera: User(s) can grant camera permission as well to take pictures from User(s)’ camera like that of the invoice, defective products etc., in our customer chat feature.
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27.17 Call Recording: All calls made by User(s) at telephone or helpline numbers (as reflected on the Service Platform/Mobile App), and any calls made by us to User(s) (directly or indirectly through a third party) may be recorded by us or the third party engaged by us. All such calls are recorded for internal training and quality purposes by us and/or any third party appointed by us. If User(s) do not wish that the information provided by User(s) be recorded, please do not use the telephone or helpline numbers and discontinue conversation where a call is made by us/third party engaged by us to User(s). User(s) explicitly agree and permit Service Provider and the third party engaged by Service Provider, to record all the information provided by User(s) during User(s) telecon and to share it with our authorized personnel and delivery partners.
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27.18 User(s) also explicitly agree and permit Service Provider to share any data related to User(s) with its affiliates and/or the regulatory authorities, if required under any law.
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27.19 To the extent possible, we provide User(s) the option of not divulging any specific information that User(s) wish for us not to collect, store or use. User(s) may also choose not to use a particular service or feature on the website/application and opt out of any non-essential communications from the Service Provider.
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27.20 Further, transacting over the internet has inherent risks which can only be avoided by following security practices. User(s) self, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where User(s) account has/may have been compromised.
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27.21 The Service Provider uses data collection devices such as “cookies” on certain pages of the website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small data files placed on User(s)’ hard drive or device that assists us in providing our services and may include an anonymous unique identifier. The Service Provider offers certain features that are only available through the use of a “cookie”.
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27.22 The Service Provider also uses cookies to allow User(s) to enter User(s) password less frequently during a session. Cookies can also help the Service Provider provide information that is targeted to User(s) interests. Most cookies are “session cookies,” meaning that they are automatically deleted from User(s) hard drive at the end of a session. User(s) are always free to decline our cookies if User(s) browser permits, although in that case User(s) may not be able to use certain features on the website and User(s) may be required to re-enter User(s) password more frequently during a session.
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27.23 Additionally, User(s) may encounter “cookies” or other similar files on certain pages of the website that are placed by third parties. The Service Provider does not control the use of cookies by third parties.
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27.24 If User(s) send the Service Provider personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about User’s activities on the website, the Service Provider may collect such information into a file specific to User(s).
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27.25 The Service Provider does not retain any information collected for any longer than is reasonably considered necessary by us, or such period as may be required by applicable laws. The Service Provider may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.
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27.26 The website may contain links to other websites. We are not responsible for the privacy practices of such websites which we do not manage and control.
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28. Choices available regarding collection, use and distribution of information
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28.1 To protect against the loss, misuse and alteration of the information under its control, the Service Provider has in place appropriate physical, electronic and managerial procedures. For example, the Service Provider servers are accessible only to authorized personnel and User information is shared with employees and authorized personnel on a need-to-know basis to complete the transaction and to provide the services requested by User. Although the Service Provider endeavours to safeguard the confidentiality of User personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using the website, User agree that the Service Provider will have no liability for disclosure of User information due to errors in transmission and/or unauthorized acts of third parties.
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28.2 Please note that the Service Provider will not ask User(s) to share any sensitive data or information via email or telephone. If User(s) receives any such request by email or telephone, please do not respond/divulge any sensitive data or information and forward the information relating to the same to support@bidforsale.com/in for necessary action.
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29. Misrepresentation
The Service Provider shall assume no responsibility for any communication not authorised by Service Provider with respect to any offer, etc. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the User. Users are cautioned that Service Provider does not run any call centre, and does not make available for communication any landline/mobile number/email on the internet/social media/any other electronic means to its Users other than the contact information detailed below. In case any User wishes to communicate, the User may communicate at the following number/email apart from the faster In-App Chat option:
Email: support@bidforsale.com/in;
cs@bidforsale.com/in
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30. User agree & confirm
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30.1 That in the event any product delivery is delayed or is returned from its destination on User account (e.g., providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Service Provider for re-delivery of the product(s) shall be borne by User.
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30.2 That while the Service Provider makes the best endeavours to ensure that Products are delivered to User within the period reflected at the time of placing the order, the Service Provider does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed without notice and there could be delays for reasons beyond the reasonable control of the Service Provider. Further User extinguish our responsibility if a request is made by User(s) for unattended collection/delivery.
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30.3 User(s) agree to use the services provided by the Service Provider for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Service Platform.
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30.4 User(s) will provide authentic and true information in all instances where any information is requested of User(s). The Service Provider reserves the right to confirm and validate the information and other details provided by User(s) at any point of time.
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30.5 If at any time, the information provided by User(s) is found to be false or inaccurate (wholly or partly), the Service Provider shall have the right in its sole discretion to reject registration, cancel all orders, and debar User(s) from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to User(s).
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30.6 USER(S) are accessing the services made available by the Service Provider and transacting at User(s) sole risk and are using USER(S)r best and prudent judgement before entering any transaction through the Service Platform.
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30.7 Before placing an order, User(s) acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Service Platform, User(s) agree to be bound by the conditions of sale included in the item’s description without exception.
