Terms of USE
Notation addresses
Here, under the “Terms of Use” condition, anywhere written like “Your”, "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the website by doing the registration. Anywhere written as "We", "Us", "Our" shall mean "New Shop Mart".
For the buyers
"New Shop Mart" provides its services to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any "New Shop Mart" service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. By mere use of the Website, You shall be contracting with "New Shop Mart" and these terms and conditions including the policies constitute your binding obligations, with "New Shop Mart".
The Website is a platform that Users utilize to meet and interact with one another for their transactions. "New Shop Mart" is not and cannot be a party to or control in any manner any transaction between the Website's Users.
Some important rules to remember
All the commercial or contractual agreements are done between the buyers and sellers alone. This legal agreement incorporates limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. "New Shop Mart" is not responsible for any kind of offering or acceptance of any commercial or contractual terms between the buyers and sellers
"New Shop Mart" is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. "New Shop Mart" cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. "New Shop Mart" shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
"New Shop Mart" does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf. "New Shop Mart" does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer. At no time shall "New Shop Mart" holds any right, title or interest over the products nor shall "New Shop Mart" has any obligations or liabilities in respect of such contract entered into between buyers and sellers.
The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. "New Shop Mart" is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services would be a strictly between the seller and the buyer. At no time shall "New Shop Mart" holds any right, title or interest over the products nor shall "New Shop Mart" has any obligations or liabilities in respect of such contract.
For the product that are out of stock, backorder or unavailable, "New Shop Mart" is not responsible for unsatisfactory or delayed performance. You will be solely responsible for the terms and conditions of delivery, payment, insurance etc. with the eller. For the transaction also, you are responsible.
Contents Posted on Site
You are responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of "New Shop Mart" throughout the universe. "New Shop Mart" shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever. We are not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the Content that you provide. You agree that any Content you post may be used by "New Shop Mart", consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Selling policy
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. For the successful fulfilment of the sales, all the listed products must be kept in stock
The Listing description
The actual condition of the product must be described by the listing description and the description itself must not be misleading. You agree to refund the whole amount to the buyer if the description of the item does not match the actual condition of the item. "New Shop Mart" has the right to delete such multiple listings of the same product if any discrepancies are found.
Rules of Conduct
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
"New Shop Mart" may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of "New Shop Mart" violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
There must not be any information about any product that is misleading or wrong in any way.
You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner), if it in any way;
Displays objectionable content such as anything sexually explicit content, any content that promotes obscenity. Content that shows paedophilia, racism, bigotry or hatred;
Harasses or advocates harassment of another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Violates any third party's rights such as the name, email address, physical address or phone number, any kind of property rights;
Promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; Contains restricted or password-protected content or images; Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; Provides instructional and provoking information about the illegal activities such as making or buying illegal weapons, violating someone’s privacy; Shows video, photographs or images of another person age 18 or older without his or her express written consent and permission; Tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles. To illegally gain access of someone’s blogs, communities, account information, bulletins, friend request
Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites;
Solicits gambling or engages in any gambling activity which "New Shop Mart", in its sole discretion, believes is or could be construed as being illegal; n.contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
Interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or Refers to any website that, in the sole discretion of "New Shop Mart", contains material that is inappropriate for the Sites, contains content that would violate the norms of Terms of Use.
You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person.
You understand that "New Shop Mart" has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to fulfill any regulation norms or valid governmental request. Apart from that, we can disclose any information about you to law enforcement or other government officials.
"New Shop Mart" reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. "New Shop Mart" shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of "New Shop Mart". You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all the information it contains and that such Content shall not be tortious, or otherwise unlawful information.
Your correspondence found on or through the sites besides the payment and delivery of the related goods or services. "New Shop Mart" will not be responsible for any loss or damage out of dealings between the buyers and sellers. Also, we will not be liable of any sort of incurred charges out of the these dealings. We will also not be possible for the unscrupulous advertisers on the Sites.
Warranties And Liability
We do not warrant that:
This website will be constantly available, or available at all; or The information on this website is genuine, complete or pridictable. While availing any of the payment method/s offered by "New Shop Mart", "New Shop Mart" is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to :lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by you and between your "Bank/s", or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Mumbai. Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale India. "New Shop Mart" makes no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India.
Trademark, Copyright and Restriction
This site is controlled and operated by "New Shop Mart". All the material on this site, including images and the illustrations are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us. The material on the website are owned, operated, licensed and controlled solely by us.
Your Account
You agree that any use on the site is at your own risk and "New Shop Mart" is not responsible for it. You are solely responsible for maintaining the confidentiality of your account and password. You are solely responsible for restricting or allowing the access of your computer. Apart from this, you agree to accept the responsibility for all activities that occur on your account and that "New Shop Mart" has nothing to do with it.
Copyright complaint
We at "New Shop Mart" respects the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can send your query to us.
Product Description
"New Shop Mart" tries to be as accurate as possible. However, "New Shop Mart” is not responsible for any product description or if the content on this site found to be inaccurate, incomplete and unreliable.
Wrong pricing by mistake
"New Shop Mart" shall then refund the difference amount within 10-15 business days of intimation in case, there is any technical issue, typographical error in the prices of the product induced by the seller. In case, there is any price difference or disparity in the price of the product then "New Shop Mart" will be responsible for it and would be paying the necessary amount to the buyers. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on Delivery order refunds will be done by Cheque. If "New Shop Mart" comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
Other Businesses
"New Shop Mart" does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on "New Shop Mart"’s website, which are linked through including but not limited to Affiliates and sites using "New Shop Mart"’s APIs. In addition, "New Shop Mart" provide links to the sites of affiliated companies and certain other businesses for which, "New Shop Mart" is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
Links
This site may contain links to other websites or you may be linked through other websites. The Linked Sites that are present on the website are for your convenience only. You can access them at your own risk and we are not responsible for the content of the Linked Sites whether or not "New Shop Mart" is affiliated with the sponsors of the sites.
The Linked Sites
We welcome links to this site. You can establish a hypertext link to this site but on one condition that the link does not state or imply any sponsorship or endorsement of your site by "New Shop Mart". Any trademark must not be there on the site. Any service mark or the materials appearing on the website or any logo or character without the prior consent of the owner is strictly prohibited.
Imperative Declaration
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
