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Terms of Use

Welcome to Bharat Wholesales, these Terms of Use (hereinafter referred to as the “Terms”) shall govern the relationship between Seven Star Wedding Decor Mall Private Limited, a private limited company, incorporated under the provisions of Companies Act, 2013, and having its registered office at H.NO 107, G/F, VILLAGE JONAPUR, DELHI, South West Delhi, Delhi, India, 110047 (hereinafter referred to the “Company” or “Bharat Wholesales” or “Us” or “Our” or “We”) and you (hereinafter referred to “You” or “Your” or “User” or “Users” or “Customers”) and shall also govern your use of www.bharatwholesales.in (hereinafter referred to as the “Website” or “Site” or “Platform”).

These Terms are being issued as per Section 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are in compliance with the Consumer Protection (E-Commerce) Rules, 2020, as updated from time to time.

Please read these Terms carefully, as they form the entire agreement between you and Bharat Wholesales. If you do not accept these Terms in its entirety, then you may not use the Site or purchase products listed on our Platform.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms of Use shall be read in conjunction with our Privacy Policy statement.

  1. Acceptance of the Terms of Use
    By accessing or using or registering or shopping on our Website in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
    1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
    2. You are of sound mind and at least 18 years in age, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
    3. In addition to Section 1(ii) above, you are also competent to contract as per other provisions of the Indian Contract Act, 1872. 
    4. We must not have previously disabled your account for violation of law or any of our policies.
    5. You agree, understand and acknowledge that we are an online platform that enable you to purchase the products listed on the Website at the price indicated therein and are only a facilitator and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the vendors on the Website.

  2. Service
    Bharat Wholesales is an online wholesale marketplace platform for Manufacturers and Wholesalers serving the wedding and hospitality industries. Bharat Wholesales is an online marketplace platform that enables the vendors to list their various products on its Platform, and enables its users or buyers to purchase such products that are listed on the Platform, in a minimum order quantity, and at the price indicated therein, at any time and from any location (in which we serve). The products are dispatched from vendor’s warehouses and are directly delivered to the customers/users. (“Services”)

  3. Accounts, Passwords and Security
    1. Account Registration: To access most parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. 
    2. Registration Details and Verification: While registering the User account on the Platform, you will be required to furnish details about you and with respect to your business, including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by us to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 3(e) of these Terms. For the purposes of verification of your account information, you agree that we may share your information with such third-party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.
    3. Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you chose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website.
    4. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
    5. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all of the Services.

  4. Use of the Site
    1. Allowed uses:
      1. Business Use: User must not use the Platform and its Services for their personal use and the Platform shall be used by the User only for their business purposes.
      2. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
      3. Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.
      4. Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the Website, whether a copyright of Bharat Wholesales, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

    2. Restricted uses:
      1. You cannot create multiple accounts, without our express permission.
      2. You can’t impersonate others or provide inaccurate information. 
      3. You can’t raise or comment or write feedback on any political, racist or such other issue which effect’s a person, community or society.
      4. You shall not make any defamatory or denigrating statement(s) about Bharat Wholesales, or our brand name or domain name used by Bharat Wholesales, or otherwise act in any manner that might tarnish the reputation or standing of Bharat Wholesales or Users on the Platform or otherwise tarnish or dilute any of Bharat Wholesales’s trademarks, service marks, trading name, or the goodwill associated with them.
      5. You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
      6. You must not:
        • republish material from this Website;
        • sell, rent or sub-license material from the Website;
        • show any material from the Website in public without our consent;
        • edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);
        • reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
        • redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
        • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors, vendors or any third party;
        • We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.
      7. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
      8. You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
      9. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

        In case of your violation or non-compliance of any of the terms mentioned in this Terms of Use, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.

  5. Representation and Warranties by You
    You are making the following representation and warranties:
    1. you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms; 
    2. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; 
    3. you will use the Platform and Services for business purposes only; 
    4. you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption; 
    5. the address you provide when registering your account on the Platform is the Buyer place of business of your business entity; 
    6. your business is validly existing and incorporated / established as per the provisions of applicable laws; 
    7. you shall comply with all applicable laws while using and accessing the Platform; 

  6. Writing a Review or leaving a Feedback
    You may be able to rate the products you purchase from our website, share your experience, and provide a feedback or review for such products delivered or used by you. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights. We reserve the right to delete or not display your feedback, at our sole discretion.

  7. Ownership Rights
    This Website, its content and products listed on it shall remain the sole property of the Bharat Wholesales or its vendors, as the case may be. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, or any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Bharat Wholesales and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of Bharat Wholesales.

  8. Reservation of Right
    1. Bharat Wholesales does not pre-screen any content or product or information posted, published or transmitted on the Platform by the users or Vendors and Bharat Wholesales is under no obligation to pre-screen any such content or information. However, Bharat Wholesales may at its discretion and/or in accordance with applicable law may voluntarily take down any content or product or information posted by you on the Platform and if Bharat Wholesales determines that any content or information is in violation of these Terms, Bharat Wholesales may remove such content or product or information from the Platform without notice. Such actions do not in any manner negate or dilute Bharat Wholesales’s position as an intermediary or impose any liability on Bharat Wholesales with respect to content or product or information posted/listed, published or transmitted by users or vendors on the Platform.
    2. In the event a User becomes inactive or if no transaction is noticed by Bharat Wholesales, in such a case Bharat Wholesales reserves its right to delist, deactivate or suspend a user’s account in its sole discretion, with or without giving any notice to the User.
    3. Bharat Wholesales reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, Bharat Wholesales may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
    4. If it comes to the knowledge of Bharat Wholesales or Bharat Wholesales reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, Bharat Wholesales shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.

  9. Privacy
    In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website. Click here to visit our Privacy Policy.

  10. Links to Third-party Sites
    The Website might contain links to third-party websites, products, and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You shall use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the Terms of Use, Privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Bharat Wholesales shall not be responsible.

  11. Orders, Payments and Taxes
    1. All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us to charge your debit or credit card or process other means of payment for the same. You shall be responsible to borne all the applicable taxes and duties (wherever applicable), and other charges. 
    2. Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time.
    3. At the time of placing the Order to purchase Products from Seller/Vendor on Platform, we may in our sole discretion require Buyer to pay a token amount equivalent to a certain percentage of the value of the Product(s) purchased from the Seller/Vendor (“Token Amount”). Such Token Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Token Amount shall be non-interest bearing and shall be held in trust by us. This Token Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, we may in our sole discretion either: 
      • refund the Token Amount to the Buyer;
      • forfeit the Token Amount as cancellation fee; or
      • transfer the Token Amount to Seller/Vendor.

        You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you continue to transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.
    4. Buyer acknowledges that it is solely responsible for the transactions / payments made to the Seller/Vendor for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Seller/Vendor and the Buyer. We do not have any obligation, responsibility, or liability to verify any transactions authenticated and/or authorized by the Buyer or its payment instructions.
    5. We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Seller/Vendor Terms. You hereby agree to be bound by the applicable provisions of the Seller/Vendor Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by Bharat Wholesales.
    6. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.
    7. Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Seller/Vendor, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.
    8. In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Seller/Vendor, pending enquiries by the banks or any regulatory body till the resolution of such issues.
    9. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.
    10. Any refunds shall be subject to the Return Policy mentioned in these Terms (Section 12). Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies.
    11. If you avail service from any third party service provider using the Platform, upon receipt of instruction from such third party service provider, you agree and authorize us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third party service provider within such timelines as mentioned in the settlement process of Seller/Vendor Terms. You agree and acknowledge that no separate authorization will be required by us to collect and transfer payment to such third-party service provider.
    12. We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments in the manner which we may deem fit. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.

  12. Refunds and Exchange
    1. We allow refunds and exchange in certain situations. You may raise a Return Request on the Platform for any one of the following reasons:
      • Product(s) is physically damaged or is defective, including damage to the outer box delivered;
      • warranty issues or quality related issues with respect to the Product delivered;
      • wrong Product or the Product is not matching the description or specifications mentioned on the listing page on the Platform;
      • part of the Order/ Products is found to be missing due to reasons attributable to the Seller.
      • part of the Order/ Products are found to be missing due to any reasons attributable to the logistics;
      • Product was damaged in-transit; or
      • Any other logistics related issues.
    2. At the time of making a Return Request on the Platform, Buyer will be required to provide appropriate supporting documentation/ proof including without limitation:
      • images of the Product(s) indicating the issue in the Product/ shipment delivered. The images need to capture the following: (a) the shipping label with Order ID; (b) Order details; (c) packed shipment; (d) issue observed by the Buyer in the Product; (e) damages to the Product; and/or (f) the IMEI number (in case the Product is a mobile phone);
      • unboxing/ normal video clip indicating the issues in the Product/ shipment delivered. The video clip needs to capture all sides of the package, order details, shipping label, quantity of the Product, damages in the Product, IMEI number (in case of mobile phones), any tampering with the outer box etc.;
      • copy of bill/ tax invoice for the Product received.

        If any further information or clarification is required from the Buyer, we will contact the Buyer.

    3. Return Window: The buyer must submit the return request within a period of 24 (twenty-four) hours from the receipt of the products.  
    4. Acceptance of Return Request: If the Return Request has been approved by the Vendor, in such case, the Reverse Shipment will be shipped to the Seller; or if we determine that the Return Request is a Logistics RVP, in such case, (i) we will pay the full value (as declared) of the Shipment to the Seller; and (ii) we shall have the right to proceed with the liquidation of such Reverse Shipment. In case of approval of the Return Request, if the Buyer has already paid for the Order, the order amount for the Product(s) shall be refunded to the Buyer or third party as per instructions of the Buyer.
    5. Rejection of Return Request: The Return Request raised by Buyer shall be rejected if the Buyer does not respond to the inquiry calls and/or communication via other modes made by us to procure missing documentation and information in relation to the Return Request; or the supportive documents are insufficient, or the Buyer is unable to provide sufficient proof in support of the claim.
    6. Exceptional Cases: In exceptional cases such as fraud, deficiency in service, or any other circumstance which may affect the user experience on the Platform, we may on good faith basis and in our sole discretion decide to pay the transaction amount for the disputed Product in the absence of Seller's approval of such returns. The said payment of transaction amount shall be made to compensate for the inappropriate user experience. In such exceptional cases, payment will be initiated to the Buyer within forty-eight (48) banking hours from:
      • the date of approval of the Return Request by us; or
      • from the date Buyer confirms the dispatch of the Product from Buyer's premise/ shop/ designated pick-up location; whichever is later.
    7. In all the above-mentioned cases wherein, the Return Requests are approved by the Seller, refund will be initiated to the Buyer. We disclaim all responsibility and liability with respect to any Return Request, except for Logistics RVP which are accepted by us and Seller(s) agree not to hold us liable for any such claims or disputes.
    8. We may, in our sole discretion, check the contents of the returned Shipment that are picked up from the Buyer, however, we shall not assume any responsibility or liability with respect to such verification of the Shipment. If we choose to do such verification, our check will be limited to checking that the Products which are handed over to us match the description of the Products, quantity, color, size, and/ or brand with the Product for which Return Request has been raised. Buyer's return request shall automatically stand cancelled in case the Products handed over to us do not pass the verification check. We will not entertain any further return request in case of any cancellation due to verification check.

  13. Fees and Charges
    1. We will charge the Buyer for providing Logistics Services and unless otherwise stated, all such charges shall be exclusive of Goods and Service Tax. The charges payable for availing the Logistics Services will be displayed on the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event the Buyer continues to avail the Logistics Services from us, it shall be deemed that the Buyer agrees to such change in charges.
    2. Any taxes, duties, or levies applicable on entry or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer will be liable to pay the same.
    3. The charges shall be subject to applicable taxes, as per prevailing applicable laws. Buyer shall deduct income tax as applicable against the amounts payable to Bharat Wholesales if required by applicable law, except to the extent where Bharat Wholesales submits a nil/reduced withholding certificate. Buyer shall remit the withholding taxes to the relevant tax authorities and enable Bharat Wholesales to claim a tax credit by providing an appropriate and timely certificate of withholding as stipulated under the applicable law.
    4. For any additional services availed by the Buyer from Bharat Wholesales, Bharat Wholesales will charge additional charges for any such additional services. Bharat Wholesales may enter into a separate bi-partite contractual arrangement with the Buyer for provisioning of such additional services to the Buyer. Bharat Wholesales reserves its right to levy penalty or late payment charges in case of delay by the Buyer in clearing any dues payable to Bharat Wholesales. 

  14. Logistic Services
    1. We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you.
    2. Upon receipt of order for Logistics Services from you, we shall pick up the Shipment from the location as communicated to us by the Seller and deliver the same to the location as designated by you. You agree that the title and risk in the Shipment shall pass onto you at the time the Shipment is picked up by us.
    3. Upon receipt of Shipment from the Seller, we will use our best endeavors to deliver the Shipment(s) to the Consignee to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identification of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of recipient of the Shipment on the Delivery Note. The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s).
    4. At the time of placing the Order, if the Buyer chooses the option, pay ‘cash on delivery’, we will collect the amount pertaining to the Order at the time of delivery of the Products to the Consignee. The cash collected against the Order at the time of delivery of the Shipment where cash on delivery option is chosen by the Buyer or where the amount against the Order is pre-paid by the Buyer shall be settled and remitted to the Seller in accordance with the settlement process as set out in the Vendor Terms.
    5. Shipment which contains Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.
    6. Shipment addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.
    7. We reserve our right to weigh and measure the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.
    8. We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.
    9. Consignee(s) are required to behave properly with the pickup and delivery associates of Bharat Wholesales. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. Bharat Wholesales reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.
    10. Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to you, inspect the contents of Shipment to ensure compliance to these Terms.
    11. We do not provide any open box delivery for any of the Shipments.
    12. Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event.
    13. If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavours, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient. We may in our sole discretion charge additional costs of carriage to, and delivery and keep at, such place and all other expenses incurred by us in this regard and such additional costs will be as displayed on the Platform.
    14. If you avail shipping and delivery services directly from the Seller, you agree that such provision of service shall be governed by way of a separate arrangement between you and the Seller. You agree not to hold us liable in any manner whatsoever for any deficiency in provision of such shipping and delivery services by the Seller and we disclaim all liabilities in this regard.

  15. Disclaimer
    1. We are a marketplace platform that connects vendors with the buyers. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the vendors of the products.
    2. The site is provided on an “as-is” and “as available” basis, and Bharat Wholesales (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the products listed on our Platform. We (and our licensors, affiliates and vendors) make no warranty that the Site or product will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
    3. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Bharat Wholesales nor shall Bharat Wholesales have any obligations or liabilities in respect of any transactions on the website.

  16. Limitation of Liability
    1. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
    2. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. Bharat Wholesales disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider.
    3. To the maximum extent permitted by law, in no event shall Bharat Wholesales (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Bharat Wholesales has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting there from.
    4. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our suppliers, licensors, vendors or affiliates will have no liability of any kind arising from or relating to these Terms.

  17. Indemnity
    1. You acknowledge to defend, indemnify and hold Bharat Wholesales, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
      • Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;
      • Your wrongful or improper use of products, services, Site ;
      • Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
      • Your violation of these Terms or any other policy of Bharat Wholesales as associated with our services;
      • The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

  18. Copyright Infringement
    1. If we are put on notice that your use, action, comment or feedback violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your feedback from our platform, and/or delete, suspend your account from Website . 
    2. Please notify us if you believe any of your intellectual property rights have been infringed on our Website. (For example, if you believe a counterfeit product is listed on the Website for sale) Please file your copyright infringement claim with our Copyright Agent, namely Vivek Gupta, at csguptavivek@gmail.com for such complaints and claims.
    3. You are required to follow the below procedure to file a claim:
      1. Identify in writing the copyrighted material that you claim has been infringed upon;
      2. Identify in writing the copyrighted material that has infringed upon your copyright;
      3. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
      4. Provide your physical and/or electronic signature;
      5. Send us a written communication to csguptavivek@gmail.com;
      6. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

  19. Transaction and Disputes between you and Vendors
    1. Bharat Wholesales is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.
    2. When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that Bharat Wholesales cannot and does not confirm each Vendor’s purported identity. Bharat Wholesales encourages Buyers to exercise discretion and caution while dealing with various Sellers.
    3. User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. You agree to purchase the products from the vendor for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption.
    4. For any Services, Bharat Wholesales does not represent either the vendor or the buyer in specific transactions. Bharat Wholesales does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the vendor to complete a sale or the ability of Buyers to complete a purchase. Bharat Wholesales does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with Bharat Wholesales nor shall Bharat Wholesales have any obligations or liabilities in respect of any transactions on the Platform.
    5. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
    6. Bharat Wholesales shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. Bharat Wholesales shall not mediate or resolve any dispute or disagreement between Buyer and the vendor of the products or any third party that is rendering services to you.
    7. If any User has a dispute with any party to a transaction such User agrees to release and indemnify Bharat Wholesales (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Bharat Wholesales site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.
    8. We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the vendor. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the vendor and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the vendor and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the vendor and we will not be made a party to any such issue and/or dispute between the vendor and the Buyer.
    9. The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

  20. Governing Law and Dispute Resolution
    1. Governing Law: The Terms and any dispute arising out of or relating to the same will be governed by applicable laws of the Republic of India. 
    2. Dispute Resolution:
      1. Amicable Resolution: If in case, any controversy, conflict or dispute of any nature arises between the user and Bharat Wholesales, in connection with the provisions of these Terms, or our Privacy Policy, or out of or relating to or in connection with the use of our Website, the parties shall spend at least 30 days to try and use all means to amicably resolve that dispute or conflict or controversy, with mutual discussions.
      2. Binding Arbitration: If however, the attempt to settle such a dispute amicably fail, then such controversy, conflict or dispute between the user and Bharat Wholesales, shall be submitted to the binding expedited Arbitration, to be presided over by a sole Arbitrator, which is to be appointed by Bharat Wholesales. The Arbitrator so appointed shall decide the rules of the Arbitration proceeding. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English and the seat shall be at New Delhi, India.
      3. Cost and Expenses: The parties to the Arbitration proceedings shall mutually bear all the costs and expenses relating to the appointment of Arbitrator, and of the Arbitration proceedings. 
      4. Challenge to the Arbitration: In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, and in any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Delhi, India.

  21. Notices
    When you use the Website or send emails to Bharat Wholesales, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Bharat Wholesales will communicate with you by email, SMS, WhatsApp, phone call or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@bharatwholesales.in.

  22. Miscellaneous
    1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
    2. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Bharat Wholesales and you or any other party be deemed to modify any provision of these Terms.
    3. Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.
    4. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use or the Purchase, Return and Refund Policy, there shall be no third-party beneficiaries to these Terms of Use or the Purchase, Return and Refund Policy.
    5. No Assignment: You may not assign these Terms of Use or the Purchase, Return and Refund Policy (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Bharat Wholesales, which may be withheld at Bharat Wholesales’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Purchase, Return and Refund Policy shall be null and void. 
    6. Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Bharat Wholesales and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
    7. Force Majeure: Bharat Wholesales, its vendors and delivery partners will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
    8. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

  23. Grievance Officer
    In the compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Consumer Protection (E-Commerce) Rules, 2020 and other similar legislation and rules, we are mandated to appoint a Grievance Officer to address the user complaints. 

    Therefore, in the event you have any grievance regarding anything related to these Terms or our Privacy Policy statement, or with any content or service or product of Bharat Wholesales, in that case you may freely write your concerns to the Grievance Officer to:-

    Name: Balkrishan 
    Contact: +91 75619 45389
    Email: grievances@bharatwholesales.in 
    Timings: Mon – Sat 10 AM – 7 PM

  24. Feedback and Information
    We welcome your questions or comments regarding the Terms. You can write to us via email: info@bharatwholesales.in.

Last updated on 25-08-2021.