Please read the following Terms and Conditions carefully before you start using any of our services or sell and/or purchase any product available on www.bigbox.online
(“our Website”) or through our BigBox applications available on Playstore and Appstore (“our Applications”), collectively referred to as “our Platform”.
BigBox is a platform that brings buyers and sellers together for sales. BigBox does not sell or resell any goods of its own.
By accessing our Platform, availing any of our services or even visiting our website or downloading our application, you agree that you have read, understood and are bound by the Terms and Conditions that follow and that you are over 18 years of age and can legally enter a contract, including for purchase or sale of goods. You also understand and agree that you must provide only true, legitimate and valid information for any operation and transaction on our Platform.
If you do not wish to use our services, we strongly recommend that you delete our cookies, clear your cache and uninstall our application.
In this Agreement, “buyer” refers to the user or client, who makes or intends to make a purchase through our Platform; “seller” refers to the user who sells or offers for sale any of his/her/its products on our platform, and shall not include those that are not approved by the Platform; “you” refers to the end-user of this platform, either the user/seller; “parties” refers to the buyer and the seller collectively; and “Company”, “we”, “us”, “our” and “BigBox” shall mean BigBox______.
1.SALE AND PURCHASE OF PRODUCTS
- 1.1. In accordance with these Terms and Conditions, you may sell/purchase products listed or made available through our Platform based on the listed price or the price agreed between the parties, based on their availability.
- 1.2. All items that are prohibited, hazardous or restricted under the laws of India, including, but not limited to firearms, prohibited substances, counterfeit goods, trafficked items, prescription drugs, tobacco and obscene material, shall not be sold, bought, rented, leased, made available for use or consumption and/or in any other way dealt with by either of the Parties using or through the Platform.
- 1.3. BUYER
- 1.3.1. All prices listed on our platform are in Indian National Rupees and are inclusive of taxes. The delivery charges are applicable based on the desired delivery method and as agreed between parties.
- 1.3.2. The price of listed products may change from time to time.
- 1.3.3. No discounts or reduction in prices other than what is mentioned on the Platform or as agreed between the Parties at the time of order will be applicable. In case of any change in the price after an order has been placed, the revised price shall not be applicable.
- 1.3.4. For conclusion of an order, the order must be placed with or without payment and mere adding of items to the cart will not be deemed a sale.
- 1.3.5. If an order has been placed for a product that has been under-priced or incorrectly priced, we reserve the right to cancel the order and in case of a pre-paid order, the amount will be refunded to you within 5 to 7 business days.
- 1.4. SELLER
- 1.4.1. The Seller’s activity on the Platform shall be governed and curtailed by the subscription package purchased by the Seller. To know more about our subscription packages, please visit www.bigbox.online/
- 1.4.2. The Seller shall make timely payments of the subscription fee to BigBox or set up appropriate payment methods for auto-pay.
- 1.4.3. In case of exhaustion or non-payment of subscription fee, the services may be suspended without due intimation and shall resume only upon payment of the subscription fee.
- 1.4.4. Each store, whether physical or virtual, shall be charged a separate subscription fee.
- 1.4.5. A commission of 3% - 12% depends on the subscription selected by the seller shall be deductible on the purchase value and the remaining amount shall be remitted to the account details submitted by the Seller after a holding period of 2- 7 business days.
- 2.1. All payments will be processed by a third-party payment gateway provider.
- 2.2. We do not store or save your credit card, debit card, e-wallet, UPI or banking information in any manner without your permission.
- 2.3. In case of any technical error or failure in a transaction made through such payment gateway, we will do our best to rectify the error. If the amount has been deducted but the order has not been confirmed, the deducted amount will be credited to your account within 7 to 10 business days.
- 2.4. We are not responsible for any fraudulent or unauthorised transaction and may not be able to undo an executed transaction.
- 3.1. BigBox does not deliver the products to the Buyers directly and relies on third-party delivery partners or the sellers. In case of any delay in delivery or damage to the product(s), BigBox is neither responsible nor liable.
- 3.2. We will send you an email confirmation, in case of delivery through third-party delivery partners, when we have been notified by the seller or such delivery service provider that the product has been delivered to the address mentioned at the time of check-out. In case of direct or self-delivery by the sellers, the buyer shall be sent an OTP to confirm receipt of the order. Alternatively, the buyer may also opt to pick up the order.
- 3.3. We are not responsible for any incorrect or change in the delivery details provided by the Buyer. We are also not responsible for any delay in delivery and advise you to consider the indicated delivery date/time as purely indicative and not definitive.
- 3.4. In case of any queries, the Buyers are strongly advised to use the Tracking ID provided at the time of purchase to track their order or contact the seller.
- 3.5. All ownership, title and risk in the products transfer to the buyer immediately upon delivery of the products.
- 3.6. If the buyer is not available at the address of delivery and if the products are left with a designated person, neighbour or guard, we will not be responsible or help you with any claims of damage or non-delivery and it shall be the duty of the buyer to prove that the delivery was not made as instructed.
4. CANCELLATION AND REFUND
- 4.1. Products once sold and delivered will not be exchanged or refunded except in the following circumstances:
- a. The buyer has received products which are different from their order.
- b. The order was delivered damaged or incomplete.
- 4.2. In case of different, damaged or incomplete order, the Buyer may directly contact the Seller for a replacement or refund. If the Seller and the Buyer are unable to reconcile or agree, either of the Parties may approach the Company, whose decision shall be final.
- 5.1. Our Platform is not for or targeted at anyone below 18 years of age.
- 5.2. For users below the age of 18, supervision of a parent or guardian is strictly advised while using our Platform and the Platform is not responsible for any transaction or agreement entered to by such minor.
- 5.3. All photographs of the products are merely for the purpose of representation. Actual products may vary from their photographic counterparts. Please read the product description and specification carefully. In case the buyer needs further assistance, the buyer may reach out to the seller directly via chat, audio call or video call through the Platform. The buyer will not be charged by us for such chat or call.
- 5.4. The details provided via the catalog, price list or any other mode on or through the Platform are solely based on the information provided by the Sellers.
- 5.5. While the Company has exercised and deployed maximum cautionary measures and standards to verify the information provided by its users, BigBox, its owners, associates and employees shall not be held responsible for, including, but not limited to, misrepresentation and fraudulent activities of the Parties using the Platform or incompleteness, alteration, variation, modification, cancellation or unavailability of products, services or information available on or through our Platform.
- 5.6. We are not responsible or liable for any illegal or prohibited action or behaviour of the parties and you are advised to exercise due caution and best judgment while interacting and transacting on the platform. You are also expected to immediately bring such conduct to our attention.
6. OWNERSHIP OF RIGHT
- 6.1. Copyright: Any use of our Platform or its contents, including copying or storing it, in whole or part, other than for your own personal and non-commercial use is prohibited without the explicit permission of the Company. All information displayed, transmitted or carried on the Platform is protected by copyright and other intellectual property laws. Copyright and other intellectual property in respect of some of the content on our Platform may be owned by the third parties. Our Platform is designed, updated and maintained by BigBox. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work therefrom, distribute, repost, perform, display or in any way commercially exploit any of the content available on or through our Platform.
- 6.2. Trademark: The products, listed on our Platform contain trademarks, which include words, logos, phrases and packaging of third-parties. BigBox is our trademark. Every other trademark belongs to their respective owners. We do not claim any rights over the trademarks borne by the products listed on our website.
- 6.3. If you do find a product or content that infringes your intellectual property, please provide us with relevant details and we will take appropriate action. You can send us your details and the relevant instance of infringement to the following email address firstname.lastname@example.org
- You agree to indemnify, defend and hold harmless BigBox from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or through BigBox that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you or the other party pursuant to these Terms.
- If you breach the conditions mentioned in these Terms and we take no action, it shall not be deemed to constitute a waiver of our rights and remedies in any other situation where you breach these conditions.
- 9.1. The Platform is provided without any warranties or guarantees and in an “As Is” or “As Available” condition. You must bear the risks associated with its use.
- 9.2. BigBox has no control over the quality or price of the Product(s) available on its Platform and the Buyer shall not hold us responsible for any discrepancy in the same.
- 9.3. This disclaimer does not apply to any product warranty offered by the manufacturer or seller of the product as specified in the product specifications. However, this disclaimer constitutes an essential part of these Terms.
- 9.4. All product warranty claims, where relevant, are to be made in accordance with the terms and conditions of the manufacturer, which may be included with the Products purchased and shall be made either directly to the manufacturer or the Seller.
- 9.5. To the fullest extent permitted under the applicable law, BigBox and/or its employees and associates shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or these Terms and Conditions.
- 9.6. Without prejudice to the generality of the section immediately above, the total liability of BigBox to you for all liabilities arising out of these Terms and Conditions is limited to the value of the product ordered, sold or offered for sale by/to you.
- 9.7. BigBox, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, static links or communications provided on or through the use of the Platform or that the operation of the Platform will be error-free, without any glitches and/or uninterrupted.
- 9.8. BigBox does not make any warranty on the effect, efficiency or any other characteristic of the products offered on the Platform. We also do not represent that any paid subscription and/or advertisements offered by us will guarantee conversion to actual business or sales. Neither do we make assurances as to the efficacy of our algorithms. The sellers are advised to avail our services based on their experience alone.
- 9.9. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform and/or any interruption or errors in the operation of the Platform.
- 10.1. In case of violation of any of these Terms and Conditions, we reserve the right to suspend, cancel or delete your account and even prohibit your future use of our Platform.
- 10.2. All offensive, lascivious, sexual, rude and/or harmful speech, texts and/or content are prohibited on the Platform and the user in violation shall immediately have their account suspended pending our final decision.
- 10.3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other system or network connected to the Platform or to any of the services offered on or through the Platform, by legitimate or illegitimate means, including, but not limited to, for the purpose of identifying vulnerabilities or for experimentation.
- 10.4. You shall not flood our platform, networks and systems with unreasonable, unwarranted and/or excessive requests or uploads that may interfere with the normal functioning of our Platform or the BigBox digital infrastructure.
- 10.5. You agree not to use any device, software or program 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.
- 10.6. You shall not make any defamatory or denigrating comment or statement about us, our brand name or domain name “BigBox”, or otherwise engage in any manner that will bring disrepute or tarnish our goodwill and reputation.
- 10.7. In case of suspension or deletion of Seller’s account, the Seller shall not be eligible for any refund on Subscription fee and any amount accrued from sale of any product through our platform shall be adjusted against the amount standing due against such seller and the remainder, if any, shall be remitted to the Seller’s account within 7 – 12 working days.
- 10.8. In case of suspension or deletion of Buyer’s account, the undelivered order shall be cancelled, and refund will be initiated.
- You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
13. GOVERNING LAW
- These terms and conditions shall be governed by and construed in accordance with the laws of India without reference to any principle concerning conflict of laws, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Chennai, India.
14. ENTIRE AGREEMENT
- This Agreement constitutes the entire agreement of the parties relating to the subject-matter hereof and supersedes all prior oral or written communications, understandings and agreements, and any subsequent oral communications, understandings and agreements.
- We reserve the right to change any or all of the foregoing Terms and Conditions from time to time without any obligation to inform you and it shall be your responsibility to consult these terms and conditions from time to time to be updated with our policies.
- You can contact us for any questions on these Terms and Conditions by writing to email@example.com