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 domain name www.Flipshop.app (hereinafter referred to as “Website/Mobile Application “) is owned by Flip solutions Private Limited a company incorporated under the Companies Act, 1956 with its registered office Shop no 235 Basment New Auto Market Hisar Haryana 125001.
Use of the Website/Mobile Application 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 minors, un-discharged insolvents etc. are not eligible to use the Website/Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Flip shopWebsite/Mobile Application and shall not transact on or use the Website/Mobile Application. As a minor if you wish to use or transact on Website/Mobile Application, such use or transaction may be made by your legal guardian or parents on the Website/Mobile Application. Flip shop reserves the right to terminate your membership and or refuse to provide you with access to the Website/Mobile Application if it is brought to Flip shop’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website/Mobile Application. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website/Mobile Application 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 Website/Mobile Application through a onetime password verification.
You agree that Flip shop shall not be liable or responsible for the activities or consequences of use or misuse of any information and videos that occur under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website/Mobile Application.
When You use the Website/Mobile Application 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 Website/Mobile Application is a platform that Users utilize to meet and interact with one another for their transactions.Flip shop is not and cannot be a party to or control in any manner any transaction between the Website/Mobile Application Users.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone.Thecommercial/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. Flip shop 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 Flip shop.
- Placement of order by a Buyer with Seller on the Website/Mobile Application 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.
- Flip shop 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 Website/Mobile Application. Flip shop does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website/Mobile Application. Flip shop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Flip shop is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Flip shop cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website/Mobile Application. Flip shop shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- Flip shop 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/Mobile Application and use Your best judgment in that behalf.
- Flip shop does not at any point of time during any transaction between Buyer and Seller on the Website/Mobile Application 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 Flip shophold any right, title or interest over the products nor shall Flip shop have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Flip shop 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 Website/Mobile Application is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Flip shop 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 Flip shop neither hold nor right, title or interest over the products nor shall Flipshop have any obligations or liabilities in respect of such contract.
Flipshop 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.
- 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 Website/Mobile Application 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 Flipshop 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 Website/Mobile Application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Flipshop cannot take responsibility or control the information provided by other Users, which is made available on the Website/Mobile Application. 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 Website/Mobile Application.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Membership on the Website/Mobile Application is free for buyers. Flip shop does not charge any fee for browsing and buying on the Website/Mobile Application. Flip shop reserves the right to change its Fee Policy from time to time. In particular, Flip shop may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website/Mobile Application. In such an event Flip shop reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website/Mobile Application and such changes shall automatically become effective immediately after they are posted on the Website/Mobile Application. 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 flip solutions Private Limited.
Use of the Website/Mobile Application
You agree, undertake and confirm that your use of Website/Mobile Application 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, pedophilic, libelous, 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, pedophilia, 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 libelous;
(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 Website/Mobile Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website/Mobile Application 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 Website/Mobile Application 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 Website/Mobile Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Mobile Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/Mobile Application . We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website/Mobile Application , or any other systems or networks connected to the Website/Mobile Application or to any server, computer, network, or to any of the services offered on or through the Website/Mobile Application , by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website/Mobile Application or any network connected to the Website/Mobile Application nor breach the security or authentication measures on the Website/Mobile Application or any network connected to the Website/Mobile Application . You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website/Mobile Application , or any other customer, including any account on the Website/Mobile Application not owned by You, to its source, or exploit the Website/Mobile Application or any service or information made available or offered by or through the Website/Mobile Application , 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 Website/Mobile Application .
- 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 Flipshop, Flyte, Digiflip, Flipshop, Flipshop.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Flipshop or sellers on platform or otherwise tarnish or dilute any Flipshop trade or service marks, trade name andor 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 Website/Mobile Application or Flipshop systems or networks, or any systems or networks connected to Flipshop.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/Mobile Application or any transaction being conducted on the Website/Mobile Application , or with any other person’s use of the Website/Mobile Application .
- 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 Website/Mobile Application or any service offered on or through the Website/Mobile Application . 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 TaxVAT, 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 Website/Mobile Application , 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 Website/Mobile Application .
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website/Mobile Application 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 Website/Mobile Application , 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 Website/Mobile Application 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 Website/Mobile Application . Please carefully select the type of information that You publicly disclose or share with others on the Website/Mobile Application .
- Flipshop shall have all the rights to take necessary action and claim damages that may occur due to your involvementparticipation in any way on your own or through groups of people, intentionally or unintentionally in DoSDDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website/Mobile Application for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
User Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items and other elements provided by Flipshop onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Flipshop Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Flipshop elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services “above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users please contact us at: feedback@FLipshop.app.
Flip shop takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is FLipshop’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Flip shop has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Disclaimer of Warranties and Liability
This Website/Mobile Application , all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Flipshop does not warrant that:
This Website/Mobile Application will be constantly available, or available at all; or
The information on this Website/Mobile Application is complete, true, accurate or non-misleading.
Flipshop will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website/Mobile Application .Flipshop does not warrant that this Site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website/Mobile Application ; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website/Mobile Application constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website/Mobile Application are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website/Mobile Application . By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, s andor any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description or Video Content of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website/Mobile Application. Flipshop reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment methods available on the Website/Mobile Application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transactions, or
- Exceeding the preset limit mutually agreed by You and between “Banks”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reasons
All payments made against the purchasesservices on Website/Mobile Application by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website/Mobile Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/Mobile Application .
Before shipping delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products andor services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Flipshop liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and or services listed on FlipshopWebsite/Mobile Application.
- You understand, accept and agree that the payment facility provided by Flipshop is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the FlipshopWebsite/Mobile Application using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Flipshop is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension increase of Dispatch Delivery time or subsequent novation variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Flip shopWebsite/Mobile Application features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website/Mobile Application features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Website/Mobile Application, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT RTGS or any other online banking electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to Flipshop in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
- Flipshop reserves the right to impose limits on the number of Transactions or Transaction Price which Flipshop may receive from on an individual Valid CreditDebit Cash Card Valid Bank Account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- Flipshop reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Flipshop or breachviolation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Flipshop may do such checks as it deems fit before approving the receipt ofBuyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Flipshop. As a result of such check if Flipshop is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Flipshop shall have the right to reject the receipt of Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Flipshop.
- Flipshop may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Flipshop deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Flipshop may hold Transaction Price and Flipshop may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that Flipshop will not be liable for any damages, interests or claims etc. resulting from not processing a TransactionTransaction Price or any delay in processing a TransactionTransaction Price which is beyond control of Flipshop.
Compliance with Laws:
- As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of hisher PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
- Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and FlipshopWebsite/Mobile Application .
Buyer’s arrangement with Issuing Bank:
- All Valid Credit Debit Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website/Mobile Application is presented solely for the purpose of sale in India. Flip shop make no representation that materials in the Website/Mobile Application are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Flipshop is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable
Trademark, Copyright and Restriction
Respective Sellers sell this site is controlled and operated by Flipshop and products. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website/Mobile Application is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website/Mobile Application or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Flip shop respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to flip shop at email@example.com
Flip shop we do not warrant that Product description or other content of this Website/Mobile Application is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Flip shop 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 Website/Mobile Application ; or email communication between Users in relation to transactions conducted on Website/Mobile Application 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.
Flipshop 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;
- Account suspension.
Flip shop 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 Flip shop is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Flip shop shall have the right to delete the customer review. Flip shop 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 Website/Mobile Application. If at the time of delivery andor within specified days from the date of delivery of the products, if any defect is found, then the buyer of the products can ask for replacement of the products from the seller.
If Flip shop 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 Flip shop may while reserving its rights to initiate civil andor 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.
Flip shop 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, Flip shop 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 offence and will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to helpcancellation-returns.
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the FlipshopWebsite/Mobile Application. Following situations may arise:
- Item was defective
- Item was damaged during the Shipping
- Products was were missing
- The Seller sent wrong item.
Return could also result in refund of money in most of the cases.
Points to be noted:
Return will be processed only if:
- it is determined that the product was not damaged while in your possession;
- the product is not different from what was shipped to you;
- the product is returned in original condition (with brand’s/manufacturer’s box, MRP tag intact, user manual, warranty card and all the accessories therein).
- If you wish to return an electronic device that stores any personal information, please ensure that you have removed all such personal information from the device prior to returning. Amazon shall not be liable in any manner for any misuse or usage of such information.
- Products may not be eligible for return in some cases, including cases of buyer’s remorse such as incorrect model or color of product ordered or incorrect product ordered.
- Products marked as “non-returnable” on the product detail page cannot be returned.
- Seller can always accept the return irrespective of the policy.
- If Seller disagrees a return request, Buyer can file a dispute to Flip shop
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.
Buyers raise the return request within 7 days applicable to the respective product. Once Buyer has raised a return request by contacting Us through our mobile app, 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 Flip shopseparate 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 Buyer can contact flip shop team to settle the dispute.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
|Electronics||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|
|Office Products||Should be “New” and returned with original packaging|
|Jewellery||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.
Generally, transactions are conducted smoothly on Flipshop. However there may be some cases where both the Buyers and Sellers may face issues. At flipshop, 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 Website/Mobile Application .
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 complaintissue.
It is important that before a BuyerSeller 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 write to dispute@Flipshop.app, while the Seller can write to ss@Flipshop.com, 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
- PartAccessory missing
- Item not Compatible
- Seller DescriptionSpecification 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 Flipshop 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 notentitled to any refund.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Flipshop. Flipshop encourages its Users to be professional, courteous and respectful when communicating firstname.lastname@example.org.
However, Flipshop will investigate and can take action on certain types of unwanted emails that violate Flipshop policies.
Threats of Bodily Harm – Flipshop does not permit Users to send explicit threats of bodily harm.
Misuse of Flipshop System – Flipshop allows Users to facilitate transactions through the Flipshop system, but will investigate any misuse of this service.
Spoof (Fake) email – Flipshop 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 ‘Contact Us’ tab.
Spam (Unsolicited Commercial email) – Flipshop spam policy applies only to unsolicited commercial messages sent by Flipshop Users. Flipshop Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Flipshop – Flipshop prohibits email offers to buy or sell listed products outside of the FlipshopWebsite/Mobile Application.Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Flipshop 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
- Account suspension
- Cancellation of listings
- Loss of special status
Flipshop does not take responsibility or liability for the actions, products, content and services on the Website/Mobile Application , which are linked to Affiliates and or third party Website/Mobile Application using Website/Mobile Application APIs or otherwise. In addition, the Website/Mobile Application may provide links to the third party Website/Mobile Application of Our affiliated companies and certain other businesses for which, Flipshop assumes no responsibility for examining or evaluating the products and services offered by them. Flipshop do not warrant the offerings of, any of these businesses or individuals or the content of such third party Website/Mobile Application (s). Flipshop does not endorse, in any way, any third party Website/Mobile Application (s) or content thereof.