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Terms Of Service

Terms Of Service

OVERVIEW

This website is operated by Firm Buy . Throughout the site, the terms “we”, “us” and “our” refer to Firm Buy . Firm Buy offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

TERMS AND CONDITIONS

PLEASE READ THESE “TERMS AND CONDITIONS” CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE “TERMS AND CONDITIONS”. IF YOU DO NOT AGREE TO THESE “TERMS AND CONDITIONS” PLEASE DO NOT USE THIS WEBSITE.

For the purposes of these Terms and Conditions, wherever the context so requires Supplier shall mean any person who is accessing the website or its associated application to list and sell products and Reseller shall mean any user registering on the website as a Reseller and hereby agreeing to being appointed as a marketing agent of the Supplier (referred to as "Reseller"/ "you"/ "your"). Pursuant to such appointment, Reseller will market the products of the respective Suppliers to end-customers (hereinafter “Customers”) through direct messaging and/or social media and earn a margin against Supplier’s listed price of the product. The margin earned by Reseller shall be approved by Supplier and becomes payable by the Supplier in consideration of marketing and sale of the products of the Suppliers after collection from Customers. The company hereby expressly disclaims all responsibility and liability arising directly and indirectly in respect to Reseller's relationship with the Supplier.

The company’s role is limited to the managing application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the “Suppliers”, Reseller, and users ("Services"). The terms whereof are subject to change at any time, without prior notice to you. Any new features or tools which are added to the current website shall also be subject to the Terms and Conditions. To ensure that you are aware of the changes, please review this Terms and Conditions and all the documents referred to hereunder periodically.

CUSTOMER SUPPORT

We may collect personal information through your communications with our customer-support team as specified under the Company’s Privacy Policy.

EXCLUSION OF LIABILITY

You are aware and fully understand that this website is only a website for prospective Suppliers and Resellers and that:
The Supplier alone shall have full legal and moral responsibility and liability for all the products listed and sold on the website or its associated application. Company shall bear no liability or responsibility either for the products being shown in catalogue or for the actual goods or services provided to the end-customers;

The Supplier alone shall be responsible for procuring all licenses, permits, passes etc. as required by applicable law for each of the Products listed or sold. The responsibility lies solely with you and the supplier for ensuring that the products being listed or sold and bought are permitted for advertising, listing, sale and purchase under applicable laws;

It is the Supplier’s responsibility to not list or sell anything that is not permitted under applicable laws and your responsibility to not market anything that is not permitted under applicable laws. An indicative list is provided below, but that list is not exhaustive. We have the right but not the obligation to take down any item that is listed for sale if found to be inconsistent with applicable laws; and

For all orders you may request for a refund within 7 days of delivery, as long as it is unworn, unwashed, without stains, undamaged and with all original tags & packaging intact.

CANCELLATION AND RETURN POLICY

The Reseller and the end-customers have the option to cancel the order only in case when he has placed the order and Supplier is yet to confirm the order. The Supplier gets 48 hours to process the order.

Also, when the product is delivered to the end-customer, the end-customer has the option to arrange for a return within 7 days of delivery of the product. The return will be done as long as it is unworn, unwashed, without stains, undamaged and with all original tags & packaging intact.

Once the return is scheduled by the Reseller and their end-customer, company will get the pick up done by the logistics partner.

REFUND POLICY

Once the cancellation is done by the Reseller and their end-customer, we initiate the refund within 3-4 working days. The end-customer will receive the refund in his back account within 10 working days after the return request is initiated.

PROHIBITED USES

At no point you can sell or market any products which is not allowed by law to be sold either as a Supplier or a Reseller including but not limited to:

Animals and wildlife products – examples include live animals, mounted specimens, and ivory
Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.)
Alcohol
Electronic surveillance equipment prohibited by law
Embargoed goods from prohibited countries
Endangered species of animals and plants, whether alive or dead
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns
Any financial services
Food and health care items without holding requisite permits
Grey market products
Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the army, etc.)
Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights
Medicines, drugs and drug paraphernalia that require a registered medical practitioner's prescription
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985
Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture
Radioactive materials
Reptile skins
Sex determination kit
Stocks and securities
Real estate
Stolen property
Tobacco
Any other sanctioned or prohibited items or services as per applicable laws; and
Any other item deemed unfit by the company.

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its associated application:

for any unlawful purpose
to solicit others to perform or participate in any unlawful acts
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances
to infringe upon or violate our intellectual property rights or the intellectual property rights of others
to submit false or misleading information
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/ entity, other websites/ applications, or the internet
to collect or track the personal information of others
to spam, phish, pretext, spider, crawl, or scrape
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites/ applications, or the internet. We reserve the right to terminate your use of the Service or any related websites/ applications for violating any of the prohibited uses.

COPYRIGHT AND TRADEMARK

Each time you upload the content, you grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon your deletion or removal of the content or other uploaded content in respect of which it is granted; and shall continue to be used by the company.

You agree and confirm that

All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on this website (“IP”) is owned by and/or licensed to us or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by and/or licensed to the person uploading such content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
No extracts of this website or part thereof shall be displayed, printed or downloaded by you or with your assistance, for any reason, including without limitation to commercialise any IP in any way.
Your use of this website does not confer on you or any other party, any licence or other rights under the intellectual property or other proprietary rights of the company, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
The company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the products and/or Services their content and/or content.

Content removal and disabling or terminating your account

We can remove any content or information that you share on the website, if we believe that it violates these Terms and Conditions, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the service to you immediately to protect our services, or if you create risk or legal exposure for us, violate these Terms and Conditions or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our website, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of, result from or in connection with:

Breach of these Terms and Conditions by the Supplier and/ or the Reseller;
any content or documents Reseller and/or Supplier incorporate by reference;
Reseller's and/or Supplier's violation of any law;
Violation of the rights including intellectual property rights of a third-party; and
Any claims from end-customers in relation to orders, return request, cancellation requests or for any other reason.

Cookies and Similar Technology

We and our third party service providers, such as advertising networks and analytics service providers, may collect anonymous information automatically through the use of "cookies" and similar technology. The service providers also may collect information about your online activities over time and on other websites or apps. Cookies are small pieces of information that are stored by your browser on your computer's hard drive to collect information about your activities on our website.

Cookies do not contain any personal information. We use cookies to collect and store information for statistical purposes, including browsing and Service usage activity, and to improve the services we provide. For example, if you are a registered user, we will use a cookie to save your service settings and to provide customizable and personalized services. Cookies also enable you to select products, place them in your shopping cart and purchase the items. If you select, market, purchase products, we keep a record of your browsing activity and purchases. Most browsers allow you to refuse cookies from websites or to remove cookies from your hard drive. If you choose to do this, you may not be able to access or use portions of the website.

INFORMATION USE

We use personal information to:

Facilitate and improve services.
Communicate with you.
We may use aggregate information for marketing and promotional purposes.

Internal and Service-Related Usage. We will use information, including personal information, for internal, administrative, and service-related purposes. We may use and retain any data we collect to provide and improve our services. For example, we use personal information submitted by Resellers, Suppliers, end-customers to process and complete the orders, including for shipping and billing purposes. We also use personal information submitted by independent business owners to calculate and process commissions.

Communications. We use a Supplier's, Reseller's, end-customer's name, mailing address, e-mail address and telephone number for the following limited purposes:

Sending emails for informational and operational purposes, such as account management or system maintenance.
Monitoring and ensuring end-customers'/ users' satisfaction, including troubleshooting problems and resolving disputes.
Keeping you informed of new products and promotions
Aggregate Data. We may anonymize and aggregate data collected through the service and use it for any purpose. For example, we may aggregate usage and transaction information to provide product recommendations to website and corresponding mobile application users.

INFORMATION DISCLOSURES

We may share your information:

with our third-party vendors and service providers;
to refer you to an independent business owner;
to comply with legal obligations;
to protect and defend our rights and property with your permission.

We do not rent, sell, or share personal information about you with other people or non affiliated companies for their direct marketing purposes, unless we have your permission. We may share anonymous information for marketing and advertising purposes.

Vendors and Service Providers

We want to provide you with excellent service and make your experience as seamless as possible. We share information, including nonpublic personal information, with third parties that perform services on our behalf so we can provide and improve our services. For example, we may disclose personal information for fraud detection and prevention. These third parties must abide by this Privacy Policy and keep nonpublic information confidential and use it only for its intended purpose.

Marketing

We do not rent, sell, or share personal information about you with other people or non affiliated companies for their direct marketing purposes, unless we have your consent. We may allow access to other data collected by the service to enable the delivery of online advertising on the service, or otherwise facilitate transmission of information we think may be useful or relevant to you.

ORDERS, LOGISTICS AND COMMERCIAL TERMS

a. Payment Terms: Payment will be released in 7 working days after confirmation of product delivery.. The release of payment is subject to the Reseller and their end-customer not initiating a return request.

b. Delivery Timeline: Supplier must accept the order and provide his/her address details for pick-up within 48 Hours of receiving the order. Non-compliance within said timeline would result in auto-cancellation of order.

c. Return Policy (No Questions Asked 7 days Return Policy): If the- end-customer does not wish to keep the product for reasons including, but not limited to product being defective, of a different size or colour or print, he/she can initiate the return within 7 days of receiving the shipment. In case of an –end-customer requesting return of product, forward and reverse logistics charges will be borne by the Supplier.

d. Product Quality: Any claim related to product and product quality is the sole responsibility of the Supplier.

e. Logistics: It's mandatory to use Company's logistics partner for pick-up, delivery and return of orders, unless otherwise stated.

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India and the Courts of Bangalore, Karnataka, India will have the exclusive jurisdiction.

FORCE MAJEURE

We shall not be held liable for any of our obligations under this agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold us liable for any delay or adverse effect caused due to the occurrence of such an event.

DISCLAIMER

We reserve the right to change/modify/amend these Terms & Conditions and reserve the right to modify the fees and/or payment structure. You should make sure to view these Terms & Conditions periodically to make sure you are familiar with the changes.