- Defination :–
- Buyer means person or legal entity making transaction with the Messers or with the seller through use of website of Messers
- Seller/Designer means M/s Fashionnshine or Third party (EITHER person or legal ENTITY) selling its product through the use of Messers website.
- Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) Pay Facility or (ii) The buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Messers by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Messers within 3 days of booking the Transaction.
- Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Messers in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for Delivery of items outside India.
- Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Messers) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
- Dispatch/ Dispatched shall mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Messers) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
- Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Messers from time to time, which the seller/ Logistics Partner is obligated to provide to the Messers [on the Website] as proof that the item has been Dispatched and/or Delivered, as the case maybe.
- Information means and shall include any confidential and/or personally identifiable information or other information provided to the Messers or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
- Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, Pay Facility supports online bank transfers from the banks that are available while selecting the Pay Facility as the payment method. The Messers may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on the Website.]
- Logistics Partner shall mean reputable logistics and courier Messers(s) appointed by the Messers that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Messers may require.
- Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website.
- Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
- Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
- Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
- Pay Facility means the automated electronic payment or collection and remittance facility provided by the Messers to Buyers and Sellers to facilitate purchase and sale of items and making payments there for on the Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently,Pay Facility supports online bank transfers from the banks that are available while selecting the Pay Facility as the payment method. The Messers may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on the Website.]
For Products Sold by FashionNshine.com :-
- Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
- As a buyer, you understand and accept that upon initiating a transaction on the website, you are entering into a legal binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the Transaction Price.
For Third Party Products Sold On FashionNshine.com :-
- Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
- As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the Transaction Price, which shall be paid to the seller through your Issuing Bank (except in case of cash payments).
- You agree and acknowledge that the Messers is only a facilitator of collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Messers through and of the prescribed payment methods in case the item purchased by the buyer is items sold by third party.
- You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website.
- You will be intimated when- (i)The Transaction Price is credited to the account of the Messers (in case of Payment on Billing) or (ii)On committing to pay the Transaction Price on Delivery if you opt for Cash on Delivery payment method, which will be confirmed by the Website.
- The Website shall notify the Buyer upon Payment Confirmation as provided herein.
- Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method of opting for Payment on Delivery or such other payment method provided by the Messers on the Website, in respect of the product as described in the listing.
- Users shall not communicate with other Users outside the Website to warn them about a seller, products or listing. However, you are entitled to provide feedback and/or reviews/ ratings for sellers as per the feedback facilities provided on the Website.
- The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately.
- The Messers shall not take any responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.
- You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only.
- You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback.
- You must inform the Messers immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at email@example.com
Limit on volume of Transactions:-
- The Messers reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
Verification of payment:-
- To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Messers may contact the buyer for verification of or additional information, details, data and documents.
- The Messers may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged.
- In such case, the Dispatch timelines will not commence until Payment Confirmation.
- The result of the checks and verification shall be communicated to the buyer and seller .
- The Messers reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Messers or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
- In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Messers from the Buyer within 3 days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Messers shall notify the buyer and the that the Transaction Price has been received.
In case of payment by Payment on Delivery, the Messers shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.