Shoppersmart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
Shoppersmart will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
Limits placed on account privileges;
Loss of special status;
Shoppersmart shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Shoppersmart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Shoppersmart shall have the right to delete the customer review. Shoppersmart shall also, at its sole discretion, have the right to blacklist the customer from posting any further customer reviews.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If Shoppersmart has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Shoppersmart may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
Shoppersmart reserves its right to initiate civil and/or criminal proceedings against a User who files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Shoppersmart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to s/help/cancellation-returns
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Shoppers Mart Platform. Following situations may arise:
Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Seller.
Return could also result in a refund of money in most of the cases.
Points to be noted:
Sellers can always accept the return irrespective of the policy.
If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:
Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by Shoppersmart (such as ‘The Big Billion Day’) separate policies may be applicable.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn’t close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
Should be included
Clothing and Footwear
Should be “New & Unworn” (other than for trial)
Beauty, Health & Personal Care
Should be “New & Unopened”
Sports & Equipment
Should be “New” and returned with original packaging
Should be “New” and returned with original packaging
Should be “New” and returned with original packaging
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
Seller can always accept the return irrespective of the policy.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:
Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Seller seeking either “approval” or “rejection” of the replacement request.
In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by contacting us through this link: https://www.Shoppersmart.in/.
In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn’t respond to the Buyer’s replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favor of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on Shoppersmart. However there may be some cases where both the Buyers and Sellers may face issues. At Shoppersmart, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.
How does a ‘dispute’ occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can contact us through this link https://www.Shoppersmart.in/, while the Seller can write firstname.lastname@example.org, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes:
Wrong item received
Item Not as described
Damaged or Seal broken on Product
Item not Compatible
Seller Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Shoppersmart will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, Shoppersmart will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied with the resolution provided by the Seller.
The buyer can contact us through this link https://www.Shoppersmart.in/ if the issue with the Seller is not resolved. Shoppersmart’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, can a dispute be registered.
CS team will not facilitate a conference call, CS team acts as the bridge between customer and seller.
When a dispute has been raised, Shoppersmart may provide both the parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Shoppersmart for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Shoppersmart are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Shoppersmart by contacting us through the link: https://www.Shoppersmart.in/.
Fraudulent charges and claims are not covered under Buyer Protection Program
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Shoppersmart. If the claim was withdrawn, it is not counted. The coverage amount will be limited to â‚¹50,000
Through the Buyer Protection program, Shoppersmart does not provide any guarantee/warranty to Buyers for products sold on Shoppersmart against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Shoppersmart shall verify the disputes so raised and may process only such claims that are valid and genuine.
Shoppersmart shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
Shoppersmart reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Shoppersmart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by Shoppersmart under the Buyer Protection Program shall be final and binding on its Users.
Shoppersmart reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, Shoppersmart shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
Shoppersmart Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favor of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
Item not received CB – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB – Buyer hasn’t made this particular transaction. Refunds will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state “Powered by Shoppersmart” and failing to do so Seller will be liable for chargebacks (as applicable).
Item not as described – meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Shoppersmart. Shoppersmart encourages its Users to be professional, courteous and respectful when communicating by email.
However, Shoppersmart will investigate and can take action on certain types of unwanted emails that violate Shoppersmart policies.
Threats of Bodily Harm – Shoppersmart does not permit Users to send explicit threats of bodily harm.
Misuse of Shoppersmart System – Shoppersmart allows Users to facilitate transactions through the Shoppersmart system, but will investigate any misuse of this service.
Spoof (Fake) email – Shoppersmart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the ‘Contact Us’ tab.
Spam (Unsolicited Commercial email) – Shoppersmart’s spam policy applies only to unsolicited commercial messages sent by Shoppersmart Users. Shoppersmart Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Shoppersmart – Shoppersmart prohibits email offers to buy or sell listed products outside of the ShoppersMart Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Shoppersmart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Cancellation of listings
Loss of special status
Shoppersmart does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which Shoppersmart assumes no responsibility for examining or evaluating the products and services offered by them. Shoppersmart do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Shoppersmart does not endorse, in any way, any third party Platform(s) or content thereof.
Shoppersmart Infringement Verification (FIV) – Reporting Listing Violations
Shoppersmart has put in place Shoppersmart Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Shoppersmart’s interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
If you are a Verified Rights Owner and want to report a listing issue, see Shoppersmart’s FIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through FIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
If your listing was removed through FIV, and you believe that your listing was removed in error, please contact us.
Shoppersmart does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Shoppersmart is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Shoppersmart.
FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Shoppersmart is encouraged to become a FIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
Rapid response by Shoppersmart in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about Shoppersmart’s users’
How to Become a FIV Member
To join the FIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Shoppersmart to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at ss@Shoppersmart.in.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Shoppersmart Internet Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ (“IP Owner”).
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Shoppersmart will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark owner doesn’t make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
Listing(s) has unlawful comparison to trademark owner’s brand or product
Listing(s) contains unlawful use of trademark owner’s logo
Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to infringement@Shoppersmart.in; or ss@Shoppersmart.in.
Contacting the Seller
At Shoppersmart we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at 1800 202 9898 or access help center at https://www.Shoppersmart.in/helpcentre.
For Buyers from Maharashtra
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by Shoppersmart Internet Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Buildings Alyssa, Begonia & Clover, Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India and its branch offices at 2nd Floor, Block F (Flora), Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Bengaluru-560103, Karnataka, India and; 447/C, 12th Main, 4th Block, Koramangala, Bengaluru-560034, Karnataka, India (hereinafter referred to as “Shoppersmart”).
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Shoppersmart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Shoppersmart’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that Shoppersmart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Shoppersmart is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without 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. Shoppersmart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Shoppersmart.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
Shoppersmart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Shoppersmart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Shoppersmart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Shoppersmart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Shoppersmart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Shoppersmart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Shoppersmart 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 Platform and use Your best judgment in that behalf.
Shoppersmart does not at any point of time during any transaction between Buyer and Seller on the Platform 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 Shoppersmart hold any right, title or interest over the products nor shall Shoppersmart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Shoppersmart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Shoppersmart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Shoppersmart hold any right, title or interest over the products nor shall Shoppersmart have any obligations or liabilities in respect of such contract.
Shoppersmart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for business purchases on the Platform.
Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.
GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
Entity name of your registered business, as provided by you
Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
Shoppersmart is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
Shoppersmart and Seller shall not entertain any request for any revision in the GST Invoice. Shoppersmart and Seller shall not be liable for Your default including for reasons associated with details provided by You.
Shoppersmart will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
You shall be solely liable for all compliances required under applicable laws.
You agree to indemnify and hold Shoppersmart and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
Shoppersmart has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Shoppersmart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Shoppersmart cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Shoppersmart may charge a nominal fee for browsing and buying on the Platform. Shoppersmart reserves the right to change its Fee Policy from time to time. In particular, Shoppersmart may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Shoppersmart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Shoppersmart Internet Private Limited
Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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 offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Shoppersmart, Flyte, Digiflip, Flipcart, Shoppersmart.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Shoppersmart or sellers on platform or otherwise tarnish or dilute any Shoppersmart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Shoppersmart’s systems or networks, or any systems or networks connected to Shoppersmart.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
Shoppersmart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
If you choose to browse or transact on the Platform using the voice command-based shopping
You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada and Marathi, Bengali, Gujarati , Odia, Malayalam, Punjabi & Assamese translation features are made available on the Platform on a reasonable effort basis for convenience only, without any representation or warranties by Shoppersmart, express or implied, including the translations being error free, their accuracy, completeness or reliability. Under the translation feature, You will have the option to adding delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated in English language for processing, handling and fulfilling Your orders on the Platform. Shoppersmart expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You [Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese language, as applicable], and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Shoppersmart reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.