Introduction
These are the conditions that the Viewer agrees to while creating an online account with 'Mobile Ki Dukan'. Viewers will browse through the website, select a device they can shortlist, and contact the Vendor for the particular device they are interested in.
WHEREAS:
- a) The Company has set up an online mall branded as 'Mobile Ki Dukan' at mobilekidukaan.in, where viewers can browse mobile devices and accessories listed by independent vendors.
- b) Vendors listed on the Marketplace are independent businesses and not employees or representatives of the Company.
- c) Viewers are not consumers of the Company but customers to the Vendors listed on the Marketplace.
- d) Viewers can browse and search for devices and contact Vendors to inquire about them.
- e) Viewers are not obligated to buy from the Vendors they contact, and the transaction is entirely at their discretion.
- f) Viewer data collected by the Company will be retained securely and will not be shared with Vendors.
- g) There is currently no direct selling or purchasing functionality available on the Marketplace.
Terms Binding Upon the Viewers and the Marketplace:
1) Browsing the Marketplace:
Viewers will use the Marketplace as a virtual mall where they can browse various shops and find mobile devices for their needs.
2) Account Creation:
Viewers must create an account with necessary details and can use it to shortlist devices they are interested in.
3) Customer Relationship:
Once a purchase is made, the viewer becomes a direct customer of the Vendor and not the Marketplace.
4) Area-wise Listing:
Vendors are listed based on area proximity selected by the viewer. Viewers can select a device and then contact the Vendor for further inquiries.
5) Vendor Independence:
Vendors listed on the Marketplace are independent subscribers and not employees or managers of the Company or the Marketplace.
6) Caution - Fair Pricing:
- 6.1: Vendors must list products at competitive and fair prices. Vendors may have festive or bank discounts as per their discretion.
- 6.2: Vendors are prohibited from listing prices below market standards to avoid unfair competition.
- 6.3: Vendors must clearly notify if the device being sold is open-box or refurbished to avoid any misrepresentation.
- 6.4: Vendors can only list products that are in their inventory and available for sale.
7) Communication:
Vendors are prohibited from making unsolicited calls or sending bulk communications to Viewers who have shown interest in their products. Repeated messaging will be treated as spam, and the Vendor may face penalties.
8) False Endorsement:
Vendors cannot falsely represent themselves as employees or representatives of the Company or the Marketplace to influence sales. Any violation will be treated as an offense under appropriate laws.
9) Disputes:
- 9.1: The Marketplace or the Company are not responsible for any consumer disputes between the Viewers and Vendors. The Vendors are directly responsible for such issues.
- 9.2: The Marketplace or the Company are not liable for any legal disputes regarding intellectual property violations such as trademark or copyright infringement. Vendors are solely responsible for any such violations.