TERMS & CONDITIONS

11 BAZAARGATE LLP is a Limited Liability Partnership (referred to herein as “the LLP”, “We”, “Our” or “Us”) and is engaged in the business of [retailing] various categories of goods across India through various modes of distribution channel (“Products”).

These terms and conditions (“Terms”) apply to the access and/or use of www.11bazaargate.com   (“Website”), and the sale and purchase of the Products from the Website by users and/or customers “User(s)” and/or “You”).

Our Products and information displayed on the Website are an 'invitation to offer' only to residents within India. Your order to purchase a Product constitutes your 'offer' which shall be subject to acceptance (by order confirmation) or rejection by Us subject to the terms and conditions as listed below.

Notwithstanding any oral or written information, opinions, evaluations, descriptions or consultations of any kind furnished by Us to You to the contrary, you specifically agree to the terms set forth herein:

 

General Terms

From time to time, we may amend, modify or update these Terms to incorporate changes in applicable law or changes to Our business and operations which terms shall be uploaded to the website in substitution or addition to these Terms (“Updated Terms”). We encourage you to review the Terms and Updated Terms along with any other terms and conditions periodically for any changes.

By using the Website and availing of any Product or Service, you represent that you agree that you are over 18 years of age and have expressly agreed to have read understood and accept these Terms and/or any other Updated Terms.

You agree that We provide all Product(s) and Service(s) on an 'as is' basis no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on the “Website”

You agree that in no event shall the partners of the LLP, its officers, agents, consultants or employees (“Representatives”) be personally liable for any purchases made through the Website nor bear any personal liability of any nature whatsoever and you hereby waive any and all claims against the Representatives arising as a result of or in relation to the Website or purchases made of Products including inter-alia claims relating to payment and delivery of the Products.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you have provided us [here].

You agree and acknowledge that you will use your account on the Website to purchase Products only for your personal use and not for resale or commercial use. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.

It is not possible for us to be aware of the composition and contents of each Product listed for sale, or each comment or review that are displayed on a "notice and takedown" basis. If you believe that any content on the website is offensive, defamatory, ethnically objectionable, or is otherwise injurious to third parties, or otherwise unlawful in any manner whatsoever (“Objectionable Content”), please notify us immediately by emailing us at [●] following which we will make reasonable endeavours to assess and remove such objectionable content within a reasonable time.

 

Conduct & Limitations on Use

You must not use the Website in any manner that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any manner whatsoever.

You understand that you are solely responsible for all electronic communications and content sent from your computer to us and you must use the website only for lawful purposes.

You must not use the website:

for fraudulent purposes or in a manner that is deceptive, misleading or in a manner directly or indirectly connected with any unlawful activity;

in a manner that results in a breach of intellectual property rights, confidentiality, privacy or in any manner that is otherwise adverse to the interests of, or is injurious to third parties;

to impersonate any person or in a manner that is abusive, indecent or ethnically objectionable; or

consists of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam

 

Order Confirmation

We may not accept your order for Products if (a) the item/s is/are out of stock; (b) We are unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product / Location; (d) We find a Product or pricing error; or (e) for any other reason at Our sole discretion.

In any of the aforesaid situations, We will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.

 

Payments

We accept the following modes of payment for domestic transactions: American Express, Mastercard and Visa credit cards, net banking transfers from all major banks, debit cards from all major banks, certain pre-paid wallets and cash on delivery.

We may enter into agreements with third party payment gateways/ payment aggregators and financial institutions authorized by the Reserve Bank of India (“Payment Partners”) for collection, refund, and remittance and facilitate payments for the Products you purchase from the Website.

You understand that your transactions with such third Payment Partners are independent dealings and we do not have any control over such Payment Partners and are not responsible for any errors or omissions on the part of such Payment Partners. Accordingly, you understand and agree that We shall not be liable for any such Payment Partners or your transactions and dealings with the Payment Partners, which are governed by the independent terms and conditions prescribed by such Payment Partners.

We may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers. We reserve the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations, and guidelines under applicable law and those prescribed by the Reserve Bank of India, issuer and acquiring banks, facility providers and other intermediaries involved in the payment process.

All payment transactions are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorise payment, We have the right to cancel the order. We cannot be held responsible if this should result in a delay in dispatching your goods/Products.

Where cash on delivery is offered, We may conduct checks as We deem fit before approving the receipt of Your’ commitment to pay the transaction price for security or other reasons at our discretion. As a result of conducting such a check, if We are not satisfied with the creditability assessment conducted by us or of the genuineness of the transaction/transaction price, We will have the right to reject the order.

All billing and registration information provided must be truthful and accurate. Should You provide any untruthful or inaccurate information, it would constitute a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.

If your card has been debited multiple times at the payment gateway(s) while making a single purchase, please call [] between 9:30 am to 6.30 pm IST from Monday to Friday or email us on [info@11bazaargate.com].

While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User attributable to (i) lack of authorization for any transaction/s, or (ii) exceeding the pre-set transaction limit(s) mutually agreed by and between You and your card issuer or bank, or (iii) any payment issues arising out of the transaction, or (iv) illegitimacy or lack of authorization of the payment methods being used or (v) decline of transaction for any other reason(s).

Notwithstanding anything contained herein, We reserve the right to conduct additional verification for security or other reasons and You hereby agree to provide accurate information, such as credit/debit information for purchasing Products on the Website.

The Website shall not utilize or share any payment instrument or payment related data with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy.

From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without an admission of wrongdoing, We will in good faith try to resolve any issues that may arise as a result of such errors, subject to Your agreeing to cooperate with Us to resolve such issues, and You agree that We shall have full discretion to determine the appropriate resolution in such cases.

 

Links to Third Party Sites

Our Website contains links to third party website(s) through hyperlinks in the form of word link, banners, channels or otherwise. However, please note that We do not have any control over such websites i.e. content and services provided by them.

We may allow User(s) access to content, Products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s websites. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such sites.

We do not endorse, approve, or sponsor any third-party services, or any third-party content, advertising, information, materials, Products, services, or other items. Furthermore, We are not responsible for the quality or delivery of the Products or services offered, accessed, obtained by or advertised at such websites.

We shall under no circumstances be liable for any direct, indirect, incidental or special loss or other damages or losses, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the third-party services. We disclaim all liability in connection therewith.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including Product warranties), privacy and data security, and the like) and We disclaim all liability in connection therewith.

 

Privacy

Please review Our Privacy Notice, which also governs your access and use of the Website to understand Our data privacy practices in respect of the personal information/data provided to us by you during the course of usage of the Website. If you object to your information being transferred or used in accordance with the Privacy Notice, please do not use the website.

 

Reporting Claims of Copyright Infringement

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is Our exclusive property and is protected by India and international copyright, authors' rights, and database right laws. All software used on this website is the property of the LLP, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Webiste by submitting written notification to [info@11bazaargate.com].

Please be aware that if you knowingly materially misrepresent that material on the Website is infringing your copyright, you may be held liable for damages (including costs and legal expenses).

 

Indemnity and Release

You shall indemnify and hold harmless the LLP or its Representatives from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms.

Under no circumstances will LLP or its Representatives be liable under any theory of liability, whether in an equitable, legal, or common law action arising hereunder, for any indirect, incidental, special or consequential damages that result from the use of, or inability to use the Website, including but not limited to loss of revenue or lost profits, or for any costs, liabilities, attorneys fees or damages even if such Party has been advised of the possibility of such damages.

At no point in time shall the maximum aggregate and cumulative liability of the LLP and its Representatives arising out of your use of the Products or Services exceed the value of the Product or Service purchased from the Website save and except for any direct loss, arising out fraud by the LLP or its Representative.

 

Force Majeure

We will not be liable for any delay or failure in performance of any part of these Terms from any cause beyond Our control and without Our fault or negligence, directions, orders or actions of governmental or military authority, changes to applicable laws and regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure delivery of Products or Services owing to acts or omissions of logistics or transportation partners, telecommunications common carriers or acts, omissions, overloading or slowdowns over the internet or any third party Internet service providers, or acts of God which are beyond Our control.

 

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms shall be governed by and construed in accordance with the laws of India. The Parties agree that the courts at Mumbai, India shall have exclusive jurisdiction over any and all matters arising out of or relating to this Agreement.  

 

Severability

If any provision contained in these Terms is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified to have the most similar result that is valid and enforceable under applicable law.

 

Entire Agreement

These Terms with the Website's invoice regarding the Products ordered by You shall constitute the complete and exclusive agreement between You and Us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications relating to the Website or the Products offered therein. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

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We understand that the website would operate and conduct deliveries within India. Accordingly, we have removed references to international transactions and deliveries. Please confirm if you would be conducting cross-border sales/transactions.