Policy for Buyers

These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.  You acknowledge that the POLICIES FOR BUYERS FOR USING www.Karukala.in are applicable to You (being buyer) in addition to the  TERMS OF USE.

Access to the Website

www.Karukala.in (Website) is a website owned by FarioCity Online Store Limited (FarioCity Online Store/ FarioCity/ FarioCity). Use of the Website by the user (“You”) is subject to the terms and conditions contained herein. FarioCity Online Store may at its sole discretion allow or disallow access to Website and also reserves the right to change any of the terms and conditions contained herein at any point in time.

FarioCity Treats – Loyalty Programme

If you agree to be a member of FarioCity Treats (Loyalty Programme), you allow FarioCity Online Store to share your personal information and purchase history with FarioCity Treats.

Payment Policy:

Payment is an integral part of the online shopping experience. All payments shall be collected through secured payment options.

We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking and etc. FarioCity Online Store may also offer an industry-leading solution for Cash on Delivery.

All payments for purchases made by You on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by FarioCity Online Store, You will be sent a notification by email or SMS at the email address or mobile number provided to FarioCity Online Store confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. FarioCity reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.

Credit and Debit Card

FarioCity Online Store accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to Your issuing bank’s website, where You will have to follow the instruction to complete the payment.

Net Banking:

You can make payment for an order by using Your Net Banking account. The Website accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank’s website where You will be able to make payment after entering in Your login id and password that is known only to You.

EMI Payments

About EMI

EMI is one of the payment methods available on FarioCity Online Store for Your convenience which allows You to pay for Your orders easily. The equated monthly instalments payment method is only available for customers using certain credit cards as per the relevant terms and conditions being in force.

Cash on Delivery

Cash on Delivery is one of the payment methods for making purchases on FarioCity Online Store where You don’t have to make any advance payment.

Cash on Delivery is available as a payment method for all eligible products on FarioCity Online Store. Eligible products will be indicated by the message [‘Eligible for Cash on Delivery’] on the [‘product order page’] for delivery in certain pin codes.

Issues with Payments

Pending Payments:

Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

1. Incorrect debit or credit card details are entered.
2. Card may be blocked or card details are no longer valid or need to be updated.
3. The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.
4. The connection between FarioCity Online Store and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.
5. Card or bank or issuer is not recognised by FarioCity Online Store.
6. Incorrect login or password details are entered.
7. Payment amount exceeds the preset limit mutually agreed to between You and Your bank or issuer.

If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. FarioCity Online Store is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.

Delivery Policy

Shipping address

Your shipping address and pin code will be verified with the database of FarioCity Online Store before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address. You can make purchases on the Website from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.

When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and FarioCity Online Store will have no liability in this regard.

Delivery to partner store (Subject to the availability of function and the facilities by Seller)

Instead of delivering the order to Your shipping address, You can choose to have Your product delivered to a partner store so You can pick-up the package from the partner store at Your convenience. On Your collecting the package You will receive a notification by email or SMS at the email address or mobile number provided to FarioCity Online Storeconfirming delivery of the product. Click here to get a list of our partner stores. If You do not collect the product from the partner store within the allowed time, the product will be returned to the seller and Your order will be cancelled. No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options.

Delivery by FarioCity Online Store or seller

The delivery of the ordered products from the seller to You will be made by logistics service providers assigned by FarioCity Online Store or Sellers. However, large and bulky products such as televisions, refrigerators, air-conditioners, etc. may be delivered to You directly by the seller. Deliveries cannot be rescheduled after the order has been placed.

The logistics service provider assigned by FarioCity Online Store will make a maximum of three [3] attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of products in these attempts FarioCity Online Store reserves the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to FarioCity Online Store. The cancelled order is returned back to the seller. You agree not to hold FarioCity Online Store liable for any cancellation.

If You wish to request the Website to resend the product, You can do so by placing a new order for the product on the terms set out on the [‘product order page’] when You place the new order. Your order will be accepted subject to availability of the product.

In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, FarioCity Online Store will not be responsible for the non-delivery of the product.

Title and risk of loss for all products ordered by You shall pass on to You upon FarioCity Online Store or the seller delivering the products to the shipping address provided by You.

Multiple-product orders

In case You order multiple products in one transaction, FarioCity Online Store would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues or the location of the seller and You may receive the products separately and at different times. If You purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by You. If You wish to ship products to different addresses, then You should book the orders separately based on the shipping addresses.

Missing items

In the event, the product package received by You is missing one or more products or accessories or does not include the freebie or the order is partly delivered,  You should inform FarioCity Online Store through the Customer Care Team within 5 days of  delivery date of the package. Missing products claims will not be accepted after 5 days from the delivery date.

When a package delivered is missing one or more products or accessories, You are requested to return the original package delivered to the seller in accordance with the Return Policy.

In the event of a dispute, FarioCity Online Store will coordinate with You and the seller to reach an amicable solution. FarioCity Online Store is only a facilitating link between You and the seller and will not be liable in any manner.

Refusal of delivery

Before accepting delivery of any product, kindly ensure that the product’s packaging is not damaged or tampered. If You observe that the package is damaged or tampered, You are requested to refuse to accept delivery and inform FarioCity Online Store within 5 days of the delivery date.

You are requested to fill the delivery sheet/acknowledgement used by the logistics service providers and note down the condition of the delivered package. Damaged or tampered products claims will not be accepted  beyond the returns policy

In the event of a dispute, FarioCity Online Store will coordinate with You and the seller to reach an amicable solution. FarioCity Online Store is only a facilitating link between You and the seller and will not be liable in any manner.

Delivery time

An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing Your order, You will receive an email or SMS at the email address or mobile number provided to FarioCity Online Store containing a summary of the order and also the estimated delivery time to Your location. The seller may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period of time is to be added to the shipping speed You choose.

Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

About delayed delivery

Sometimes, the delivery may take longer due to:

1. Bad weather.
2. Transportation delays.
3. Natural calamities.
4. Political disruptions.
5. Logistics service provider related challenges.
6. Product lost in transit.
7. Regional or national holidays which are considered as delivery holidays.
8. Other unforeseen circumstances or events beyond the control of FarioCity Online Store or logistics service provider.

If the estimated delivery date has passed and You still have not received Your order, please talk to us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.

FarioCity Online Store will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to FarioCity Online Store if any product in the order is unavailable or is delayed or lost in transit.

Shipping Charges

You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will appear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller is located in a different area. Delivery charges will vary according to pin codes as well as the type of product.

Open delivery

FarioCity Online Store reserves the right to provide Open delivery or not. Open delivery service which is provided by FarioCity Online Store with some Specifics logistics service providers. Open delivery depends upon our logistics service provider’s service dependencies. You can’t open parcel if logistics service provider doesn’t allow. You have a right to accept the parcel after paying the amount and thereafter You can use our hassle-free return policy.

Please refer to the Return and Refund Policies, if You wish to return the delivered product to FarioCity Online Store.

Return Policy

Reasons for return

Return Policy makes it possible for You to return a product if You receive a damaged or defective product or if the product is significantly different from what was purchased or when the package delivered is missing one or more products or accessories.

Conditions for return

In order to return any product sold through the Website, You are required to comply with the below mentioned conditions, viz.:

1. The return has to be in compliance with the Return Policy associated with the product category.
2. FarioCity Online Store should be notified of the receipt of a damaged or defective product or if the product is significantly different from what was purchased or the package delivered is missing one or more products or accessories,  within the period mentioned in the returns policy.
3. Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to You.
4. The return packages should be strongly and adequately packaged so that there is no damage to products during transit.
5. The returned products are subject to verification and quality checks by the sellers selling on FarioCity Online Store in order to determine the legitimacy of the complaint or return.
6. If You have chosen the partner store option for delivery of the order and wish to return the product, You should return the product to the same store from where You collected the order or to other store that the partner might allow from time to time. You should return the product in an original and unused condition along with all original price tags, labels, packing, barcodes, user manuals, warranty card and invoices, accessories, freebies and boxes received. The store reserves the right to accept the product and after a quality check.
7. You should fill the Return Form provided by FarioCity with the originally delivered package or make available to You over email or account and include it in the returned package. Return requests are not processed if the Return Form is incomplete or absent in the returned package received. The reason for return should be stated in the Return Form. You should additionally fill out the delivery sheet used by the logistics service providers and note down any damaged or tampered condition of the delivered package.
8. The return has to be in compliance with the return policy of the seller or the manufacturer of the product where applicable.

Non-returnable products

All products cannot be returned. Some of the products that cannot be returned are:

1. Innerwear, lingerie, socks, clothing freebies and swimsuits.
2. Perfumes, personal and beauty care.
3. Products that have been used or installed.
4. Products with tampered or missing serial numbers.
5. Personalised or engraved products or resized products.
6. Product sold in sets or combination cannot be returned individually.
7. Any other product depending upon the Return Policy in force.

If You are unable to inform FarioCity Online Store of the receipt of a damaged or defective product or the product is not as per specifications of Your order or the package delivered is missing one or more products or accessories as per the returns policy and procedure, FarioCity Online Store or Seller shall not be obliged to accept the returned product or be liable in this regard. In the event such a product is sent to Seller, the product will be returned to the Customer and the same needs to be accepted from Seller or assigned logistics service provider. FarioCity or seller will not be responsible if the product is not accepted and no refund will be issued.

Damaged, defective or other non conforming products

Returns of damaged, defective or other products eligible for return are accepted as under:

1. In the event You receive a damaged or defective product or a product that does not comply with the specifications as per Your original or the product is delivered after the expected delivery period or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy, You are required to get in touch with the Customer Care Team through any of the below mentioned channels or submit a return request online (if such facility is available) as per the Returns Policy.
2.     Upon receiving Your return request, FarioCity Online Store shall verify the authenticity and the nature of the request and if the request is genuine, FarioCity Online Store will inform the seller of the return request and will ask the seller for a refund to be processed upon the receipt and quality check of the returned product. It will take a minimum of [ 4-6] business days to process Your request for return of products.

iii.     FarioCity Online Store or Seller may arrange for pick-up of the product through an assigned logistics service provider. You will receive an email or SMS notification at Your email address or mobile number provided to FarioCity Online Store. In the event FarioCity Online Store is unable to arrange pick-up, FarioCity Online Store will notify You regarding the same and You will be required to send the product to the seller at the provided address using a reputed courier service in Your area.

1. For the return of large and bulky products such as televisions, refrigerators, air-conditioners, etc. the seller will arrange for pickup.
2. If Your pin code is not serviceable, FarioCity Online Store may ask You to ship the product to the seller using a relevant and available logistics service provider or Indian Postal services. Customers are required to submit the shipping information of the self ship by contact Customer Service. In the event the details are not provided and the shipment arrives without returns form or invoice, the refund may be delayed.
3. Upon receipt of the returned product by the seller and successful completion of the quality check, You will receive an email or SMS confirmation at the email address or mobile number provided to FarioCity Online Store.

vii.    You will be refunded the product cost along with taxes and shipping charges, if any. Courier freight charges You paid to courier or shipping service for returning the product to seller will be reimbursed as per method agreed with You.

You expressly acknowledge that the seller is solely responsible for the damaged or defective product or a product that does not meet the specifications of Your original order or delayed delivery of the order or delivery of the package with one or more products or accessories missing and for any claims that You may have in relation to such products and FarioCity Online Store shall not in any manner be held liable for the same. In the event of dispute, FarioCity Online Store will coordinate with You and the seller to reach an amicable solution. FarioCity Online Store is only a facilitating link and an Intermediary as per definition under Information Technology Act, 2000 and rules framed thereunder, between You and the seller and FarioCity Online Store will not be liable in any manner.

Dead on arrival products

In the event You receive an electronic or technological product that is has manufacturing defect or is dead on arrival, You should inform FarioCity Online Store the period defined in the returns policy and place a request for return by following the procedure defined in  the Returns Policy. You may be asked to obtain a manufacturer defect or Dead on Arrival certificate from the manufacturer or an authorised service center of the manufacturer. This certificate will have to be produced to FarioCity Online Store for processing Your return request and sent to seller along with the product FarioCity Online Store may engage with a third party at its own discretion to help Customers obtain this certificate and cannot be held responsible for any delay or mishandling of products. If the products is found to be working or the defect is caused to any mishandling, the product will be returned back to You. Customers are required to accept the return

In case a dead on arrival certificate cannot be issued by an authorised service center of the manufacturer, You will be required to get the product serviced or repaired as per warranty provided by the manufacturer and FarioCity Online Store will not be liable in any manner. In the event the certificate provided as dead on arrival certificate is disputed by the manufacturer or deemed as invalid, the product will be returned to You and FarioCity Online Store will not be liable in any manner.

Period for return

Please click here to know the periods within which products can be returned (Period of Return) to seller for a refund. In case of any conflicting Return Periods on this link and on the product information page, Return Period on the product information page will prevail.

Cancellation of return request

A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and You want to cancel the request, You may choose to inform the logistics service provider that You do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to FarioCity Online Store cancelling Your return request.

Refusal of return request

FarioCity Online Store reserves the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, You will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. You agree not to dispute the decision made by FarioCity Online Store and accept FarioCity Online Store’s decision regarding the refusal or cancellation and further agree not hold FarioCity Online Store liable for any refusal or cancellation.

Frivolous complaints

In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, FarioCity Online Store reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by FarioCity Online Store in this regard.

Return Shipping Process:

Self send process

In case of return of products initiated and subsequent courier of the product by You, if it is found that the returned product was not delivered to the seller or any other designated location specified or the package was empty, the onus shall be on You to prove through submission of proof of delivery from the concerned courier service provider to establish Your claim of return. Self courier of returns should be initiated within the periods specified in the FarioCity Online Store’s Returns Policy. FarioCity Online Store is not liable to process the return request until satisfactory proof of delivery is provided to FarioCity Online Store.

In case of damage claims, FarioCity Online Store may ask for pictures of the damaged product before it is approved or allowed for return.

For return shipping managed by FarioCity Online Store, You will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and You are unavailable or not ready to handover the product, FarioCity Online Store or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by the seller and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned.

FarioCity Online Store will not be liable for the products returned by mistake.

In the event where a product not belonging to the seller selling on FarioCity Online Store is returned by mistake, FarioCity Online Store is not accountable for such misplacement and is not responsible for its delivery back to You or any costs incurred by You or any refund.

The discrepancy between You and our logistics service provider

In case of any discrepancy in the status of pick-up of a product arranged by FarioCity Online Store, (where You claim the product has been returned, while our system suggests otherwise) refund will be initiated only if You successfully furnish the courier slip given by the FarioCity Online Store assigned logistics service provider at the time of the pick-up.

In the case where a seller or designated return location claims that the product received from You is different or the return of the product is not in compliance with the Returns Policy, the product will be dispatched back to Your shipping address and You are required to receive and accept the package. In the event of a dispute, FarioCity Online Store will coordinate with You and the seller to reach an amicable solution. FarioCity Online Store is only a facilitating link between You and the seller and will not be liable in any manner.

Cancellation Policy

 

Cancellation of an order can be done either by FarioCity Online Store or by You as under:

Cancellation by us

FarioCity Online Store has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):

i          Failure to comply with any of these Terms.

ii        Product is unavailable with the seller.

iii      Technical errors or issues.

iv       Problems identified by FarioCity Online Store’s credit and fraud avoidance department.

v         Invalid address is given in order details.

vi       Malpractice is used to place the order.

vii     Bulk order is placed for commercial resale.

viii   Multiple orders are placed for same product at the same address.

ix      Order is undelivered after 2 attempts.

x         EMI offer is rejected by the bank.

xi      Failure to collect the order from partner store within stipulated time.

FarioCity Online Store reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. On such cancellation You will be sent a notification email or SMSat the email address or mobile number provided to FarioCity Online Store.

Cancellation by You

You may cancel an order for any reason, although cancellation by You must be done before the product has been shipped for delivery to You. No cancellation is permitted subsequently.

You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling or emailing Customer Care Team or in Your account on the Website through ‘my account’. You should state the reason for such cancellation. FarioCity Online Store will process the request for cancellation as per the policy in force.

If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to FarioCity Online Store.

FarioCity Online Store reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold FarioCity Online Store liable for any rejection of order cancellations.

You will receive a refund for Your cancelled orders that have been accepted in accordance with the Refund Policy.

Refund Policy

Refunds

Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy.

Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order.

For return requests, the refund of payment is made after the returned product has been received by the seller and has passed the quality checks. The entire product cost along with any taxes and shipping charges if any will be refunded to You.

If any refund is received by You pending the quality checks, You will hold such amounts in trust on behalf of FarioCity Online Store until conclusion of such quality checks unless claimed by FarioCity Online Store anytime before that. If any amounts are wrongly paid or refunded to You, You will transfer such amounts back to FarioCity Online Store within 3 days of Your receipt.

No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options. Refund of Cash on Delivery orders returned by You may subject to levy of a charge which will be deducted from Your refund amount.

Time period for refunds

Refunds are processed within 1-6 working days of receiving the product returned and completion of quality checks depending upon the various banking and payment channels.

Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded.

FarioCity Online Store is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

Mode of refund

The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment.

Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your bank account.

Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to Your bank account via NEFT or to Your wallet account depending on the discretion of FarioCity Online Store.

You will need to update the bank account number and IFSC code to enable us to process a refund to Your account. Refunds cannot be processed to third-party accounts, i.e. the name on Your FarioCity Online Store account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to FarioCity Online Store will be sent to You.

All refunds by cheque will be in form of “at par” cheques or via online transfer; basis sole discretion of FarioCity Online Store..

Terminated payment mode

If the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from Your bank, we will send You an email asking You to call us. When You call us, we will collect Your address where You want the cheque to be sent, and proceed with the refund.

Please refer to our Payment Policy for further details.

You explicitly give Your permission to receive communications (by SMS, email or other mode of communication) sent to You by FarioCity Online Store.

TERMS AND CONDITIONS OF OFFER FOR SALE BETWEEN SELLERS AND BUYERS

Listing of Products

 

FarioCity Online Store through the Website platform makes available a variety of branded products and merchandise of the sellers for sale to buyers. Sellers who have agreed to sell their products on the Website list their products on the Website. Purchase and sale of such products will be subject to these Terms.

All product and price information, deals and offers related to the products are provided by the seller to FarioCity Online Store for inclusion on the Website and the sellers are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the products offered on the Website. Separate contracts govern the relationship between FarioCity Online Store and sellers for display and sale of their products on the Website. These Terms do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between FarioCity Online Store and such sellers as set forth in such separate contracts.

FarioCity Online Store does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the products offered for sale by the sellers and purchased by buyers on the Website or for any defects, deficiencies, shortcomings, errors or omissions in relation to the products. Please make sure you have read the product listing information before placing an order.

Ordering

It is not compulsory for you to have an account on the Website to buy the products. You can shop by using a valid email address, mobile number and details while placing orders. You will be informed of the receipt of the order by email or SMS on the email address or the mobile number provided by you to FarioCity Online Store.

You can select any product or seller of your choice from the [‘product order page’] of the Website and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, you should provide the shipping address within India and make payment of the product price or choose payment on delivery as per the payment method for eligible products.

You can also call or email the Customer Care Team to place an order for products eligible for payment on delivery.

Once the Website receives a confirmation of your order from the seller and confirms your order, you will receive an email and SMS informing you of the order confirmation. The email will also provide you with details of your order including order ID, information on the products ordered, as well as the expected delivery time.

You understand that by ordering a product using the Website, you are entering into a binding contract with the seller of the product to purchase the product using the facilities available on the Website.

You agree that the seller is the owner of the products and all the ownership rights and property of, in and upon the products listed on the Website, until transferred to the buyer of the products, shall vest in the seller of the products. The seller confirms and undertakes the seller’s ownership of the products and confirms that the seller shall at all times have marketable and legal ownership and title in respect of all products offered on the Website and shall pass on marketable and legal ownership and title of the product to you upon completion of the transaction.

The buyer and seller acknowledge that the Terms of the Website do not cover products sold by the seller and bought by the buyer from the seller other than through the Website. You should not try to contact other potential buyers to warn them about one or more sellers. If you have a concern about a seller’s behavior, please report it to our Customer Care Team and we will endeavour to investigate.

You confirm that the products ordered by you are purchased for your internal or personal use and not for re-sale. You authorize the seller and the Website to declare and provide declarations to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the Website.

 

Delivery

The seller delivers the ordered products either directly or by availing the services of the Website through its logistics service providers in terms of the Delivery Policy. The Website may change the Delivery Policy without any notice. For more details, please review the Delivery Policy.

 

Pricing and Payment

 

The Website lists availability and pricing information of products on the product display pages of the Website.

All prices are inclusive of Value Added Tax and Central Sales Tax unless stated otherwise. Products in your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product’s price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time you actually purchase it. . Products that are marked as ‘Out of Stock’ are not available for purchase.

The price of products offered by the seller on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with applicable laws. Sellers may or may not specify this information on the Website, and you are advised to independently determine the MRP of such products if you so desire.

The Website shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems appropriate, for and on behalf of the sellers of the products. The seller or FarioCity Online Store will arrange logistics for delivery of large and bulky products such as televisions, refrigerators, air conditioners etc., to the buyer.

By purchasing the products using the Website and authorizing the Website to process the payment, you agree, accept and understand that the Website as part of its services, is only a facilitator providing an automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the products.

For more details, please review the Payment Policy applicable to the products ordered from the sellers. The Website may change the Payment Policy without any notice.

Returns and Cancellation

All products which are not delivered to you or returned by you in accordance with the Return Policy will be returned to the seller of the products.

Return and cancellation of the products may be initiated in accordance with the Website’s policies. Please review the Returns Policy and Cancellation Policy as applicable to the products purchased by you. The Website may change the Returns Policy and Cancellation Policy without any notice.

 

Taxes

You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and you agree to bear any and all applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.

Limitation of Liability

All products or services are made available to users through the Website on an “AS IS” basis and “AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable law and FarioCity Online Store does not accept any liability for any defects, deficiencies, short comings, errors or omissions.

FarioCity Online Store does not make any representations pertaining to the information, content, products or services included on or otherwise made available to you through or on the Website. The prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. FarioCity Online Store does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

Any breach of this contract or any claim arising from such breach is the subject matter of the seller and the buyer alone and FarioCity Online Store will not be a party to such breach or any claim or proceeding arising from such breach. The communication arising from such breach may entail between the seller and the buyer directly without FarioCity Online Store being involved except as a mere facilitating link between the buyer and the seller. FarioCity Online Store is not required to mediate or resolve any dispute between buyer and seller.

The buyer acknowledges that before placing an order for a product the buyer has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.

The buyer acknowledges that the product images are indicative in nature and actual product may differ from the image. The buyer further acknowledges that services provided by the Website are being provided by FarioCity Online Store as an independent contractor, and FarioCity Online Store is in no manner acting as an agent, partner or joint venturer of either the seller or of a third party. The buyer further acknowledges that the services provided by FarioCity Online Store are free of cost or charge.

The buyer acknowledges and understands that the buyer cannot claim any compensation from FarioCity Online Store, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) opportunities missed by buyer for availing any offers or discounts on the Website for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by FarioCity Online Store or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by FarioCity Online Store; (vi) buyer faces any issues with logistics service provider’s personnel.

Being a marketplace and intermediary (except where title of the product is held by FarioCity Online Store), FarioCity Online Store holds no possession, or title of the products at any time, and the sale shall be restricted to you and the seller of your choice, the contract of sale is purely a bipartite contract between you and the seller and FarioCity Online Store is not responsible for any claims arising from such a contract.

Notwithstanding anything stated under these Terms, in the unlikely and rare event, of FarioCity Online Store being liable to you, the aggregate liability of FarioCity Online Store from any cause whatsoever shall not in any event exceed an amount equivalent to the payment attributable towards FarioCity Online Store services from the payment made by you in relation to the transaction under which such claim has been made.

In no event is the Website liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, whether based on warranty, contract, tort, equity or in any other means or action.

Communications

You will be required to provide a valid email address and phone number in order to avail the services provided by the Website, including and not limited to placing orders for buying the products. By registering your email address and phone number with the Website, you consent to be contacted by the Website via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The Website may notify or communicate with you by e-mail, SMS, phone or by posting notices on the Website or by any other mode of communication.

 

Severability

Each of the provisions in  these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Force majeure

Notwithstanding anything contained in these Terms or elsewhere, FarioCity Online Store shall not be held responsible for any loss, damage to you if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond FarioCity Online Store’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

Disputes

All complaints relating to the products purchased from the Website are routed through the Customer Care Team of the Website. The seller is responsible to resolve any complaints regarding the product that may be raised by the buyer and other complaints to the satisfaction of the buyer. The Website is only the facilitating link between the buyer and the seller of the product for any complaints in relation to the products sold by the seller. All buyer complaints, product complaints and transaction failure complaints shall solely be to the seller’s account and the seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the Website to resolve the complaints at the seller’s own initiative and cost. The Website is not in any way responsible for ensuring resolution of the complaints and the Website shall not in any manner either directly or indirectly be liable for any claims or proceedings made by any user in relation to the products provided on or through the Website or otherwise.

Acknowledgements

You acknowledge that FarioCity Online Store is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and FarioCity Online Store will not be held liable for any act of seller or other third party service provider. Further FarioCity Online Store’s liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with any transaction initiated by You, shall be nil, in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.