1. Use of the Website1.1. You understand and agree that Www.aadekhenzara.com and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Www.aadekhenzara.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission neither selects nor modifies the information Contained in the transmission. www.aadekhenzara.com has no control over the third party user generated contents.
1.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration as Registered User or as Guest User, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Www.aadekhenzara.com of the same at email@example.com.
6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to buyer (as defined under the Buying section) at any place outside India.
6A. you shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
7. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
8. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Www.aadekhenzara.com as detailed and agreed in MOU signed by merchants/sellers.
6. Platform for CommunicationThe Website is only a venue where Users may meet and interact with one another for their transactions. Www.aadekhenzara.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
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, warranties related to goods and services and after sales services related to goods and services. Www.aadekhenzara.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / Contractual terms between buyers and sellers.
2. Www.aadekhenzara.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Www.aadekhenzara.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Www.aadekhenzara.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. Www.aadekhenzara.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Www.aadekhenzara.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Www.aadekhenzara.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Www.aadekhenzara.com does not make any representation or warranty as to the attributes (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.
5. Www.aadekhenzara.com does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor do it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. Aa Dekhen Zara may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title of any product or service sold.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Www.aadekhenzara.com 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 any right, title or interest over the items vest with Www.aadekhenzara.com nor shall Www.aadekhenzara.com have any obligations or liabilities in respect of such contract. Www.aadekhenzara.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
7. At no time shall any right, title, or interest over the items vest with Www.aadekhenzara.com nor shall Www.aadekhenzara.com have any obligations or liabilities in respect of such contract. Www.aadekhenzara.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers. 8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify Www.aadekhenzara.com 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, Www.aadekhenzara.com cannot 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, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons, or people acting under false pretense. 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).
8. PaymentsPayments for items on the Website can be made through the purchase of vouchers as specified or electronic or through Cash on delivery transactions, as may be permitted by Www.aadekhenzara.com to the website seller(s) in its sole discretion. We process online payments on merchant’s behalf and send the money to merchant after deducting our service fees. Merchants do not have to deal with online payments as we take care of it. All we need from merchants is some banking and accounting information for us to set-up online bank transfer account.
10. BuyingAll purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller. By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. Www.aadekhenzara.com strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Www.aadekhenzara.com . Please be aware that even if you do not give Www.aadekhenzara.com your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed. In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
11. Fulfillments and Shipping.Www.aadekhenzara.com from time to time may offer certain fulfillment services to Sellers; however, Company remains responsible for the overall shipping quality, time it takes for the delivery, and cost of shipping. Www.aadekhenzara.com may provide pick-up, storage, and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of merchants. At no time, Www.aadekhenzara.com takes title or ownership of any product or inventory.
12. Buyer Protection at Khoobkharido.com:All the merchants selling at Khoobkharido.com are well screened by our team before they are brought on board. We assure you that all the products you buy from our website, regardless of the merchant are genuine, authentic, products being sold by well reputed and honorable merchants at the best prices possible.
12.1 If Www.aadekhenzara.com has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Www.aadekhenzara.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 user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
12.2 Www.aadekhenzara.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, Www.aadekhenzara.com may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
12.3 Any person who, knowingly and with intent to injure, defrauds or deceives, 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.