Please read these terms and condition of use carefully because by using this platform, you imply your understanding and acceptance of these terms.
If any event of non-compliance occurs with these terms and condition, Firstbazaar.in has right to immediately limit or terminate your access or usage rights to the platform or remove non-compliant information, or both, depending on the case. In accordance with the Information Technology rules, 2022 using firstbazaar.in and accessing our services, you agree to be bound by the terms stated under the terms and condition.
(A) Description of services
1. Firstbazaar.in is the next generation online shopping support platform. We act as a venue between the users and the sellers and help them reach each other. However, the firstbazaar.in shall not be held responsible if any discrepancy occur between user and seller. As a result, firstbazaar.in is not a party of any such transaction, and has any control over sellers, and shall have any liability to any part in such connection.
2. If you use the website, you are responsible for keeping your account and password secure and restrict access of your computer to prevent unauthorised access to your account. You agree to accept the responsibility for all activities that take place under your account or password. You must take all necessary precautions to keep the password confidential and secure, and you must notify us immediately if you have reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the information you provide to us is correct and complete, and please notify us immediately if there are any changes in the information you provided us.
3. You acknowledge and accept that the consequences of uploading, transmitting, linking, or publishing your own content on, or through the service are completely your responsibility. More particular, all content that you upload, email, or otherwise make accessible over the service is totally your responsibility. The content available on the platform, have the necessary licenses, rights, consents, and permissions to use such content on the services.
4. You accept that you are responsible for any electronic communications and content sent from your computer to us. You must use the website only for legal purposes. You must not use the site in a manner that interrupts, damages, or impairs access to it. The following activities are not permitted on the website:
5. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties;
6. or relates to or promotes money laundering or gambling;
7. or is harmful to minors in any way;
8. or impersonates another person;
9. or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States;
10. or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety.
11. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
(B) Conduct
1. We are unable to know the details of every item posted for sale or every comment or review that is displayed on firstbazaar.in because the website offers millions of things for sale supplied by merchants and thousands of comments. In light of this, firstbazaar.in runs on a "notice and takedown" model. Please let us know if you believe any of the website's content constitutes "Objectionable Content". After completing this process, firstbazaar.in will use all reasonable efforts to promptly delete the objectionable content that was the subject of the complaint.
2. Text, graphics, logos, button icons, pictures, audio clips, digital downloads, data compilations, and software all belong to Clicksarus Private Limited, its affiliates, or its content providers and are covered by Indian and international copyright, author's rights, and database rights laws. All of the content on this website was put together by Clicksarus Private Limited and its affiliates, and it is their sole property. It is protected by Indian law as well as international copyright and database laws. The Clicksarus Private Limited and its affiliates, or its software suppliers are the exclusive owners of all software used on this website, which is protected by Indian and international copyright and author’s right laws.
3. Without Clicksarus Private Limited and/or its affiliates (as applicable) prior written approval, you are not permitted to repeatedly extract or re-use any of the website's contents. In particular, without Clicksarus Private Limited and/or its affiliates (as applicable) express written consent, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this website.Without the express written authorization of Clicksarus Private Limited and/or its affiliates (as applicable), you are also not permitted to construct and/or publish your own database that contains major (such as prices and product listings) portions of this website.
4. Clicksarus Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
5. You must not advertise any services or the sale of items which is prohibited or restricted by law.
(C) Posting Agent
As used here, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post content to the service on behalf of others. Without Clicksarus Private Limited written consent, it is against the law to employ posting agents in any way. Additionally, Posting Agents are not allowed to access the services in any other way in order to publish Content on behalf of others, unless they have specific written permission or a licence from Clicksarus Private Limited.
(D) Indemnity
You agree to protect and hold harmless to Clicksarus Private Limited and its officers, directors, agents, and employees from any claim or demand made by a third party or action brought against you as a result of your violation of these conditions of use or any document incorporated by reference, or your violation of any law, rule, regulation, or the rights of a third party. This includes paying any reasonable attorney's fees.
You hereby expressly release Clicksarus Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
(E) Other Businesses
On Firstbazaar.in, businesses other than Clicksarus Private Limited and its affiliates may run storefronts, offer services, or sell product lines. Businesses and individuals, for instance, advertise things on Marketplace. We also offer links to the online presences of some other corporations and affiliates. The products or services of any of these people or businesses, or the information on their websites, are not subject to our examination, evaluation, or endorsement. The acts, goods, and content of any of these and other third parties are not the responsibility or liability of Clicksarus Private Limited. When a third party is a part of your transactions, you can tell, and we might share user data associated with such transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
(F) Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send messages; and submit suggestions, ideas, comments, questions, or other information, provided that the content is not unlawful, obscene, abusive, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise harmful or objectionable to any third party and does not object Consists of or contains software viruses, political campaigns, commercial advertising, chain letters,blasting or any form of "spam". In the event that a user uses a false e-mail address, impersonates another person or entity, or misrepresents the origin of content. Firstbazaar.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that, in Firstbazaar.in has sole discretion, violates these Terms of Use or your permission to access or use this website break up.
When you post content or submit material you need indication from us otherwise, you:
1. Grant a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable license to Clicksarus Private Limited and its affiliates Company rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content worldwide in all media; and
2. Clicksarus Private Limited and its affiliates and sublicensees have the right to use the name you submit in connection with such content if they wish so.
3. You agree that the rights you grant above are irrevocable for the entire duration of protection of your intellectual property rights associated with such content and materials. You agree to waive your right to have identified as the originator of such content and your right to object to any derogatory treatment of such content.
4. You agree to take any additional actions necessary to perfect the foregoing rights that you grant to Clicksarus Private Limited, including the execution of any deeds and documents at their request.
5. You represent and warrant that you own or otherwise control all of the rights to any content that you post or provide on or through the website; that as of the date the content or material is submitted to firstbazaar.in:
(I) The content and material are accurate;
(II) Use of the content and materials you provide will not violate any applicable firstbazaar.in policies or guidelines and will not cause harm to any person or entity (including that the content or materials are not defamatory);
(III) The content is lawful. You agree to indemnify and hold harmless Clicksarus Private Limited and its affiliates from any claim made by any third party against Clicksarus Private Limited or its affiliates arising out of or relating to your breach of any of these guarantees.
(G) Terms for usage of Software
1. You may use the Firstbazaar.in Software solely for the purpose shopping and enjoying the Firstbazaar.in services and as permitted by the terms of service.
2. You may not integrate any part of Firstbazaar.in software in your own programs, or compile any part of it in combination with your own programs, transfer it for use with another service or sell, rent, lease, loan, distribute or sublicense Firstbazaar.in software or transfer any rights in the Firstbazaar.in Software in whole or in part.
3. You may not use the Firstbazaar.in software for any illegal purpose. If found so we may stop providing Firstbazaar.in software and terminate your right to use software at any time Firstbazaar.in. Your rights to use the Firstbazaar.in software will terminate automatically without notice from us if you breach any of these Firstbazaar.in software terms, conditions or other terms of use.
4. Additional third-party terms included in or distributed with certain Firstbazaar.in software and specifically identified in the accompanying documentation may apply to that Firstbazaar.in software (or software incorporated into Firstbazaar.in software incorporated) govern. The use of this software in the event of any conflict with these Terms of Use.
5. All software used in the Firstbazaar.in service is owned by Clicksarus PrivateLimited and/or its affiliates or its software providers and is protected by the laws of India, including but not limited to other applicable copyright laws.
(H) Terms of a seller
The seller must be in a legal position to sell the item(s) for sale on our Platform, as well as possess all relevant licences and permits. You must make sure that none of the things on the list violate anybody else's intellectual property rights, trade secrets, other proprietary rights, or rights of publicity or privacy. Only text descriptions of your goods for sale, graphics, photographs, or videos are permitted in listings. On the Platform, each item must be classified under the relevant category. For successful order fulfilment, all stated items must be kept in stock. The item's listing description must accurately reflect the item's condition.
(I) Compliance on selling of goods and services
Seller should ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is sellers’ responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Clicksarus Pvt. Ltd. shall not be responsible for any deficiency and/ or omission on your part.
(J) Message Policy
Firstbazaar.in has no relation with the communication done by any means (SMS, call, email and many more) between the seller and user at their personal level or apart from the website, mobile application and m-site
(K) Condition of sale between the Seller and User
1. We list available information for products sold by seller on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.
2. While purchasing home appliances or any other products which includes health and safety, it’s the responsibility of user to check the health and safety guidelines.
3. We will not be responsible for any business loss or any indirect loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
4. We only provide the platform between the users and sellers. We are not liable or to be held responsible for any failure or non-efficient service of the seller.
(L) Disclaimer
You expressly acknowledge and agree that use of the platform and service is at your own risk and that the platform and service are provided "as is" or "as available" without warranty of any kind. All express and implied warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, firstbazaar.in, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the platform and your use. Firstbazaar.in makes no warranties or representations as to the accuracy or completeness of the content on the Platform or the content of any third-party websites linked to the Platform and assumes no responsibility or liability for
1. Any errors, errors or inaccuracies in the content,
2. Personal injury or property damage of any kind of resulting from your access and use of the Platform and the Service,
3. Unauthorized access or use of our servers and/or Personal Data and/or Financial Information stored therein, any interruption or termination of transmission to or from the Platform,
4. Any error, virus, trojan horse or similar that third parties may transmit to or through the Platform, and/or
5. Any error or omission in content or for any loss or damages of any kind arising from the use of any content that is posted, emailed, communicated, transmitted or otherwise made available through the Platform or Service. Firstbazaar.in does not guarantee, endorse, or assume responsibility for any product or service advertised or offered by any third party through the Platform or any website linked to or appearing in any banner or other advertisement, and firstbazaar.in is not a party to or is in no way responsible for monitoring transactions between you and/or other users and/or third-party product or service providers.
6. As with purchasing any product or service through any medium or environment, you should use your best judgment and exercise caution where necessary.
(M) Refund & Return Policy:
FirstCry ships its products to almost all parts of India. Orders placed will be shipped within 24* hrs. We ship on all days except Sunday and National Holidays.
(N) Shipping Charges:
A fixed shipping charge of Rs. 50 is applicable on all orders below Rs. 699/- (Excluding COD charges, Shipping charges, Taxes or value reduced after application of coupons or any other offer) at all locations with an additional charge applicable at certain locations.
For orders equal to or above Rs. 699 (Excluding COD charges, Shipping charges, Taxes or value reduced after application of coupons or any other offer) free shipping is available at certain locations only. For other locations, additional shipping charges will be applicable. At these locations, in which additional charges are applicable, the Rs. 50 shipping charge will be added to the shipping charges for all orders below Rs. 699 (with exclusions as above).
The shipping charge applicable per quantity of the product can be checked by entering your pin code details on the product pages and the total shipping charge applicable on the order will be the sum of the charges for all chargeable product(s) in your order (+ Rs. 50 for orders below Rs. 699). The order level charge will be visible to you in the cart as well as when you enter the shipping address while you are checking out with your order.
These shipping charges applicable are not refundable in the case of return/cancellation of the product or the order.
The shipping charges can be modified by First Bazaar at any point without prior intimation. The new charges would reflect on the product page as well as in the checkout flow.
Convenience Charges: First Bazaar can levy convenience charges on specific orders basis the products, pincode, or the size of the shipment.
Firstcry reserves the right to modify the logic of applying convenience charges on orders at any point without prior intimation.
Estimated Delivery Time: For all areas serviced by reputed couriers, the delivery time would be within 3 to 4 business days of shipping (business days exclude Sundays and other holidays). However items weighing over 2 kilos or high volume may take a couple of days longer to reach. For other areas the products will be shipped through Indian Postal Service and may take 1-9 days depending on location.
The delivery date displayed while placing the order i.e. on the Product Details, Cart, Checkout and Order Confirmation page and in the order confirmation email are tentative. It may change once the order is shipped. Post shipment of the order, an Estimated Delivery Date will be displayed in the 'Order Details' under 'My Account ' section which will help you to keep a track of the shipment status of your order.
First Bazaar ensures to provide a delightful customer experience by delivering the products as per the Estimated Delivery Date communicated as above, however, at times there might be unexpected delays in the delivery of your order due to unavoidable and undetermined logistics challenges beyond our control for which First Bazaar is not liable and would request its users to cooperate as First Bazaar continuously tries to nought such instances.
Tracking Packages: We will mail you the name of the courier company and the tracking number of your consignment in your registered email address. In case you do not receive a mail from us within 24hrs of placing an order please check your spam folder. Tracking may not appear online for up to another 24 hours in some cases, so please wait until your package is scanned by the courier company.
Non-availability on Delivery: Our delivery partners will attempt to deliver the package thrice before it is returned back to our warehouse. Please provide your mobile number in the delivery address as it will help in making a faster delivery.
* Valid only for owned stock. Shipping time may increase for third party shipments.
(O) Subscription Plan:
Following are the subscription plan for seller onboarding
