Terms & Conditions

Welcome to festivedeal.com . In order to use the festivedeal.com Site ("Site"), You ("User") must register as a member of the Site ("Member") and agree to be bound by these Terms of Use ("Agreement"). If You wish to become a Member or to use our site or service ("Service") as guest user or as anonymous user, read these Terms of Use and follow the as mentioned in our terms and condition and privacy policy. Here User ("User") stands for all who uses our site and services. Either member of the site, or Vendor or Buyer or anonymous/guest user. This Agreement sets out the legally binding terms for all User and member of this site. This Agreement may be modified by festivedeal.com from time to time without any prior notice to the User. It is advised to the User to visit our T&C pages to check for any update. Your continued use of the Site pursuant to such change will constitute deemed acceptance of such changes.

This document is an electronic record in terms of Information Technology (IT) 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.festivedeal.com website.

1. User Eligibility.
You must be at least 18 years of age or over to Register as a member of festivedeal.com or to use this Site as User. In case if your age is less than 18 years You must prohibited from using this site. Your use of this Site represents and warrants that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Use of the Website 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. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the festivedeal.com website and shall not transact on or use the website. As a minor if You wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. If we come to know that your eligibility to use the site is not as per this, festivedeal.com has full right and discretion to restrict your access and to terminate your membership without any liability to festivedeal.com.

If festivedeal.com discovers or becomes aware that any member is using this site to promote or engage or indulge in fraud or illegal act his/her membership will be terminated forthwith without any liability to festivedeal.com . festivedeal.com 's discretion to terminate shall be final and binding.

2. Term.

This Agreement will remain in full force and effect while You use the Site and/or are user of festivedeal.com . You may terminate your membership at any time, for any reason by informing festivedeal.com in writing to terminate your Membership. festivedeal.com may terminate your access to the Site and/or your membership for any reason which shall be effective upon sending notice of termination to You at the email address You provide in your application for membership or such other email address as You may later provide to festivedeal.com . If festivedeal.com terminates your membership because of your breaching the Agreement, You will not be entitled to any refund, in case if applicable. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -12, inclusive, of this Agreement.

Communications

When You (User) use the Website or send emails or other data, information or communication to us, You agree and understand that You as a User are communicating with Us through electronic records and your consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or SMS or by such other mode of communication, electronic or otherwise.

3. Non-Commercial Use by Buyer As User.

The festivedeal.com Site is for the personal use of individual members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to festivedeal.com or otherwise. Organizations, companies, and/or businesses may not become Members of festivedeal.com and should not use the festivedeal.com Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Other Terms of Use by Buyer As User.

  • You will not transmit any chain letters or junk email to other festivedeal.com Members. Although festivedeal.com cannot monitor the conduct of its Members on the festivedeal.com Site, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, without their prior explicit consent. Transmission of any such messages shall constitute a breach of this Agreement and festivedeal.com Shall be entitled to terminate your membership forthwith
  • You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with festivedeal.com and/or its Members

5. Content Posted on the Site (Applicable for all User).

  • festivedeal.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the festivedeal.com Site and the festivedeal.com Service. The Site contains the copyrighted material, trademarks, and other proprietary information of festivedeal.com , and its licensors. Except for that information which is in the public domain or for which You have been given express permission by festivedeal.com , You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All lawful, legal and non-objectionable messages (in the sole discretion of festivedeal.com ), content and/or other information, content or material that You post on the forum boards shall become the property of festivedeal.com . festivedeal.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content
  • You understand and agree that festivedeal.com may delete any content, messages, photos (collectively, "Content") that in the sole judgment of festivedeal.com violates this Agreement or which might be offensive, illegal, defamatory, obscene, libelous, or that might violate the rights, harm, or threaten the safety of other festivedeal.com Members.
  • You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Site through the festivedeal.com Service, or transmit to other festivedeal.com Members. festivedeal.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, festivedeal.com may ask You to provide any documentary or other form of evidence supporting the Content You post on the Site. If You fail to produce such evidence, or if such evidence does not in the reasonable opinion of festivedeal.com establish or justify the claim, festivedeal.com may, in its sole discretion, terminate your Membership without any pending refund.
  • By posting Content to any public area of festivedeal.com , You automatically grant, and You represent and warrant that You have the right to grant, to festivedeal.com , and other festivedeal.com Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  • The following is a partial list of the kind of Content that is illegal or prohibited on the Site. festivedeal.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and the Site and terminating the Membership of such violators without a refund. It includes (but is not limited to) Content that:

1.     User must register and provide correct information to Us Like, NAME, ADDRESS, CONTACT DETAILS, FINANCIAL DETAILS and any other information asked on festivedeal.com. All registered user will be checked for correctness and will be verified by festivedeal.com. All Seller has to registered as a "Seller" on festivedeal.com which will be checked and approved by our Admin. 

2.     festivedeal.com reserves the rights to discontinue, deactivate, or terminate Membership if the information provided is not correct and violates our terms of use.

3.     Members will not have any claim against festivedeal.com for any time delay in posting their information into festivedeal.com website due to any technical reasons.

4.     festivedeal.com cannot be held responsible for any loss or damage resulting from discontinuation of the service.

5.     festivedeal.com is not legally responsible for any delay in operation due to technical or other reasons.

6.     Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

7.     Promotes information that the person posting it is aware that it is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.     Promotes an illegal or unauthorized copy of another person's copyrighted work, 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;

9.     Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;

10.  Displays pornographic or sexually explicit material of any kind;

11.  Provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years;

12.  Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

13.  Solicits passwords or personal identifying information for commercial or unlawful purposes from other users / Members; and

14.  Engages in commercial activities and/or sales without the prior written consent festivedeal.com Such as contests, sweepstakes, barter, advertising, and pyramid schemes.

15.  Encourages, invites or solicits extra marital affairs.

  • You must use the festivedeal.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.
  • You should avoid creating multiple users for the same purpose on our website. In case You forget your previous credential details, the same You can request to us on our contact email. 
  • If at any time festivedeal.com is of the view in its sole discretion that your profile contains any information or material or content which is objectionable, unlawful or illegal, Fropper has the right in its sole discretion to either forthwith terminate your membership without refund of any pending balance or delete such objectionable, illegal or unlawful information, material or content from your profile and allow You to continue as a Member.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that your work has been copied and posted on the Site through the festivedeal.com Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; a statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. festivedeal.com 's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Mumbai address located under the Help/Contact section on the site.

7. Buyer and Seller Disputes.
You are solely responsible for your interactions with the other festivedeal.com User (Buyer or Seller). festivedeal.com reserves the right, but has no obligation, to monitor disputes between You and other User.

henceforth, 

a) 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. Festivedeal 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 Festivedeal.

b) Festivedeal 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. Festivedeal does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Festivedeal accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

c) Festivedeal is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Festivedeal cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Festivedeal shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

d) Festivedeal 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 and use Your best judgment in that behalf.

e) Festivedeal does not at any point of time during any transaction between Buyer and Seller on the Website 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.

f) At no time shall Festivedeal hold any right, title or interest over the products nor shall Festivedeal have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Festivedeal 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.

g). The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Festivedeal 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 Festivedeal hold any right, title or interest over the products nor shall Festivedeal have any obligations or liabilities in respect of such contract.

Festivedeal 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.

h) 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 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).

i) You release and indemnify Festivedeal 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 and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Festivedeal cannot take responsibility or control the information provided by other Users which is made available on the Website. 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.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

8. Privacy.

Use of the festivedeal.com Site and/or the festivedeal.com Service is governed by the festivedeal.com Privacy Policy.

9. Disclaimers.
festivedeal.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the festivedeal.com Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the festivedeal.com Service whether online or offline. festivedeal.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. festivedeal.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the festivedeal.com Site and/or in connection with the festivedeal.com Service. Under no circumstances will festivedeal.com be responsible for any loss or damage to any person resulting from anyone's use of the Site or the Service and/or any Content posted on the festivedeal.com Site or transmitted to festivedeal.com Members. The exchange of profile(s) through or by festivedeal.com Should not in any way be construed as any offer and/or recommendation from/by festivedeal.com . festivedeal.com Shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of festivedeal.com . The Site and the Service are provided "AS-IS AVALIABLE BASIS" and festivedeal.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. festivedeal.com cannot guarantee and does not promise any specific results from use of the Site and/or the festivedeal.com Service.

10. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will festivedeal.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the festivedeal.com Service, even if festivedeal.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, festivedeal.com , liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to festivedeal.com , for the Service during the term of membership.

11. Disputes.
If there is any dispute about or involving the Site and/or the Service, by using the Site, You agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Ghaziabad, India.

12. Indemnity.
You agree to indemnify and hold festivedeal.com , its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

Other.

  • By becoming a Member of the Site / festivedeal.com Service, You agree to receive certain specific emails from festivedeal.com .
  • This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the festivedeal.com Service, contains the entire agreement between You and festivedeal.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
  • You are under an obligation to report any misuse or abuse of the Site. If You notice any abuse or misuse of the Site or anything which is in violation of this Agreement, You shall forthwith report such violation to festivedeal.com by writing to Customer Care. On receipt of such complaint, festivedeal.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of any financial liability. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the money.

Please contact us with any questions regarding this Agreement.

As a Seller

Definitions

In this document, unless the context otherwise requires, the following word and phrases shall have the meanings ascribed to them hereunder:

·         "Affiliate Site(s)" shall mean web-pages, websites, of bank, courier or any other associated partner to festivedeal.com or any other affiliate as may be determined by festivedeal.com from time to time.

·         "Customer" means the registered/guest user of festivedeal.com who has bought the product or services from Us.

·         "Merchant(s)" shall mean seller(s), retailers or e-commerce marketplaces or such other business entities who allows our User to use their services and web sites.

·         "Single-Sign-On Services" or "Services" shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access Affiliate Site(s).

·         "Terms and Conditions" shall mean these terms and conditions.

As a registered seller, You are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use (or in Terms & Condition). You must be legally able to sell the item(s) You list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.

The listing description 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. Festivedeal.com reserves the right to delete such multiple listings of the same product listed by You in various categories.

Services

Payment by You

While availing any of the payment method/s available on the Website, 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:

1.       Lack of authorization for any transaction/s, or

2.       Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3.       Any payment issues arising out of the transaction, or

4.       Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

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.

Further:

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or 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 Fesivedeal.com 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 Fesivedeal.com Website. Seller needs to ensure that the product packaging has to be done properly to avoid and physical or liquid damage of the product during transit. Any product damage happened due to poor or non-standard packaging,the Seller will be liable to bear the cost of the product or to provide replacement to the Buyer. 

In case of festivedeal fulfillment, packaging will be done by the company. In such cases seller will ensure to delivery the goods to our inventory center and should be delivered to us in new and working conditions. Any product which is not working or in bad quality shape will be returned back to Seller without delivering to the Buyer.    

2. You have specifically authorized Fesivedeal.com or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Fesivedeal.com is on a principal to principal basis and by accepting these Terms of Use You agree that Fesivedeal.com is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Fesivedeal.com's Website that are paid for by using the Payment Facility. Fesivedeal.com does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

3. You understand, accept and agree that the payment facility provided by Fesivedeal.com 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 Fesivedeal.com Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Fesivedeal.com 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 Fesivedeal.com Website 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 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.

• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

• 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).

• Refund shall be conditional and shall be with recourse available to Fesivedeal.com in case of any misuse by Buyer.

• Refund shall be subject to Buyer complying with Policies.

4. Fesivedeal.com reserves the right to impose limits on the number of Transactions or Transaction Price which Fesivedeal.com may receive from on an individual Valid Credit/Debit/ 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.

5. Fesivedeal.com 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 Fesivedeal.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. Fesivedeal.com may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Fesivedeal.com. As a result of such check if Fesivedeal.com is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

7. Fesivedeal.com may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Fesivedeal.com deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Fesivedeal.com may hold Transaction Price and Fesivedeal.com 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.

8. The Buyer and Seller acknowledge that Fesivedeal.com will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Fesivedeal.com.

Compliance with Laws:

9. 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 Fesivedeal.com Website.

Buyer's arrangement with Issuing Bank:

10. 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.

11. 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.

 

Fesivedeal.com's Replacement Guarantee*

Fesivedeal.com's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (Fesivedeal.com's Replacement Guarantee) depends on the product category and the seller. Kindly read below to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.

2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial/UPC numbers;
• Digital products/services (Flyte music downloads)
• Any damage/defect which are not covered under the manufacturer's warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
• Jewelry which is 'made to order' on customer's request

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:

- Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way. 
- Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
- Returns are not applicable for 'Made to order' jewelry, Innerwear, lingerie, socks, clothing freebies, etc.
- Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee.

Kindly read below to know the return policy period (Replacement Guarantee) applicable for different categories. 

If Fesivedeal.com 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 Fesivedeal.com may while reserving its rights to initiate civil and/or criminal proceedings against member 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.

Fesivedeal.com 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, Fesivedeal.com 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.


Exchange Offers:

• By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

• I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

• You agree to indemnity and keep indemnifying Fesivedeal.com.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Fesivedeal.com.com, its affiliates or any future buyer due to usage of the device by You till date and You undertake to make good the same.

• I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Fesivedeal.com.com, WS Retail or the Manufacturer shall not be responsible for the same and I will not approach Fesivedeal.com.com for any retrieval of the data.

• I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

• I agree to indemnity and keep indemnifying the Fesivedeal.com.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Fesivedeal.com.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

• I understand once a device is sent by me to Fesivedeal.com, in no scenario can this device be returned back to me.

• I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

• In relation to the customer sending the goods to us - customer understands it is his responsibility to ensure that the used products are delivered to the buyer (WSR) within 5 days of receiving the new product. In case the goods are consigned through carrier, customer understands that he/she will have to initially make the full payment for the new product and receive 100% of the exchange value, pursuant to delivery and verification of the old device, within 20 working days. In relation to the option of the customer to use 3PL - the customer, in case chooses to use a 3PL for transporting the old device, please contact us for the same.

• In relation to shipping charges of old device - customer hereby understands that he would be charged an amount mentioned as pickup charges towards shipping charges of old device in order to ship the old device to the buyer's.

• Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

Digital Content: Music

Music: Only certain short listed Seller (at the sole discretion of Fesivedeal.com) who are authorized and have proper license to sell as per the prevailing law shall be entitled to sell Music on the Website. You may be able to purchase digital music in on the Website from the respective Sellers. Such music files shall be provided to You as per selection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of music files from the catalogue of music displayed on the Website. The music may include full-length audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time.

Territory: Currently You can purchase downloadable digital music only through the Website as may be made available from time to time on the Website, only within the territory of India.

Rights Granted: Music download right is a non-exclusive, non-transferable right to use for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the music file only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the music file only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the music file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use music file. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for music file. You acknowledge that the music file embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for music file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us. Cash on Delivery as a mode of payment is not available for purchasing music on the Website currently.

All Sales Final; Downloading and Risk of Loss; Availability of music files: All sales of music files are final. Returns of music files are not permissible on website. Once You have purchased music files, Fesivedeal.com encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.

Further Fesivedeal.com assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does not support the music download application / software available by the Seller on the Website, by whatever name called.

You bear all risk of loss after purchase and for any loss of music files You have downloaded, including any loss due to a computer or hard drive crash.

Seller may, from time to time, at its sole discretion, remove music files from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Fesivedeal.com as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Your request to download a music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of music files (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of music files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Digital Content: eBooks

eBooks: You will be able to purchase eBooks (digital book only) on the Fesivedeal.com Website. You shall be granted specified download rights of files from the catalog of eBooks displayed on the Website. All ebooks will be provided as soft copy only. For eBooks we will not provide any hard copy.

Download rights: You will need to be registered with Fesivedeal.com to make an ebook purchase. The eBooks which You purchase from the Fesivedeal.com Website shall be added in your Fesivedeal.com eBooks library from where You can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by You will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading.

Territory: Currently You can purchase downloadable eBooks only through the Websiteas may be made available from time to time on the Website, only within the territory of India. You have to be within the Indian Territory to even download the already purchased files from your Fesivedeal.com eBooks library.

DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The DRM specifications restrict the following permissions:

Default Restrictions

Fesivedeal.com Settings

Printing

Not Allowed

Copying

Not Allowed

Side-Loading (from one device to other)

Not Allowed

e-mailing

Not Allowed

Saving Images

Not Allowed

Read out aloud

Not Allowed

Number of distinct devices for file downloading

Allowed (Six)

Social media sharing

140 word

Rights Granted: Upon your payment of our fees for ebook, we grant You a non-exclusive, non-transferable right to use the downloaded ebook for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may store the ebook only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the ebook only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for ebook downloaded by You on the Website or Flyte Apps if You find the same to be offensive, indecent or objectionable.

Payment: The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.

Fesivedeal.com will allow the user to buy ebook using the following forms of payments.
» Credit Cards
» Internet Banking
» Debit Cards
» Fesivedeal.com Wallet
» any other mode of payment, as may be decided and made available on the Website.

Please note that payment can be made only in India Rupees and all the above payment instrum