The Domain Name www.Clikshop.co.in (the website), including the related mobile application and mobile site (hereinafter referred to as “Platform”, “website”) is owned and operated by clikshop, a company incorporated under the Companies Act, 1956, with its registered office at Shop No - 53, Ward No - 46, Near Gayatri Temple, Shyama Prasad Mukharjee Nagar, Bilaspur 495001 Chhattisgarh India. And Operational Office Near Milestone Apartment Shop. no.2 Devpuri, Raipur Pin Code: “492001, India.
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Website. If you are minor i.e. under the age of 18 years, you shall not register as a User of the Clikshop website and shall not transact on or use the website. As a minor if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Clikshop reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Clikshop's notice or if it is discovered that you are under the age of 18 years and transacting on the platform.
Your Account and Registration Obligations
Platform for Communication and Transactions
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Clikshop is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. 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, related to products and services. Clikshop 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 are by the Sellers and not by Clikshop.
2. At no time shall Clikshop hold any right, title or interest over the products nor shall Clikshop have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Clikshop 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.
3.Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller
4. Clikshop 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 on that behalf.
5. Clikshop is not responsible for any non performance or breach of any contract entered into between Buyers and Sellers. Clikshop cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Clikshop shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
6.Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
7.The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Clikshop 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.
8. Clikshop 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. Clikshop does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Clikshop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
9. Clikshop 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.
10. You shall independently agree upon the manner and terms and conditions of delivery, payment, etc. with the seller(s) that You transact with.
11. You release and indemnify Clikshop 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, Clikshop 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.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s).
When You use the Website 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 other mode of communication, electronic or otherwise.
Membership on the Website is free for buyers. Clikshop does not charge any fee for browsing and buying on the Website. Clikshop reserves the right to change its Fee Policy from time to time. In particular, Clikshop may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Clikshop 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 and such changes shall automatically become effective immediately after they are posted on the Website. 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 Clikshop.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(i) belongs to another person and to which You does not have any right to;
(ii)is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) is misleading in any way;
(iv) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(v) harasses or advocates harassment of another person;
(vi) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(vii) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or untrue;
(viii) 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];
(ix) 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;
(x) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(xi) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(xii) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
(xiii) contains video, photographs, or images of another person (with a minor or an adult).
(xiv) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(xvi) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;(xvii)contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(xviii)deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xix) harm minors in any way;
(xx) 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;
(xxi) violates any law for the time being in force;
(xxiii) impersonate another person;
(xxiv) 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 offense or prevents investigation of any offence or is insulting any other nation.
(xxv)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;
(xvi) shall not be false, inaccurate or misleading;
(xvii). 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.
(xvii) 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;
Disclaimer of Warranties and Liability
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform 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, Clikshop does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading. All the Products sold on Platform 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 Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, 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.
Selling on clikshop
Clikshop reserves the right to delete such multiple listings of the same product listed by you in various categories.
E-Platform for Communication:
You agree, understand and acknowledge that Clikshop is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Clikshop is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Clikshop.
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:
3. You understand, accept and agree that the payment facility provided by Clikshop 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 Clikshop Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Clikshop 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 Clikshop 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 Clikshop in case of any misuse by Buyer. • Refund shall be subject to Buyer complying with Policies.
4. Clikshop reserves the right to impose limits on the number of Transactions or Transaction Price which Clikshop 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. Clikshop 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 Clikshop or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Clikshop 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 Clikshop. As a result ofsuch check if Clikshop is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject thereceipt of / Buyers commitment to pay Transaction Price.
7. Clikshop may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Clikshop deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Clikshop may hold Transaction Price and Clikshop may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding thesame 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 Clikshop 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 Clikshop.
Compliance with Laws:
Limitation of Liability:
In no event will Clikshop be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
Clikshop does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error free and assumes no liability in this regard.
Please contact us for any questions or comments (including all inquiries) regarding this Website. Grievance officer In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Lokesh Kesharwani
Senior Managing Partner & CEO
Shop No - 53, Ward No - 46, Near Gaytri Temple, Shyama Prasad Mukherjee Nagar,
Bilaspur 495001, Chhattisgarh
Phone No. - 8109658338
Whatsapp - 8109658338
Email - Info@clikshop.co.in , firstname.lastname@example.org
(11:00am - 5:00pm)