This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.zaamana.com (hereinafter referred to as "Website") is owned by Zaamana Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Deuli, Belda,Paschim Medinipur,West Bengal-721424, INDIA. (hereinafter referred to as "Zaamana").
Your use of the Website and services and tools are governed by the following terms and conditions ( " Terms & conditions " ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with zaamana.com Private Limited and these terms and conditions including the policies constitute Your binding obligations, with ZAAMANA.
For the purpose of these Terms & conditions, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. ZAAMANA allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean ZAAMANA Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms & conditions and shall be considered as part and parcel of this Terms & conditions. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms & conditions, at any time without any prior written notice to You. It is Your responsibility to review these Terms & conditions periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms & conditions, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the ZAAMANA website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ZAAMANA reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ZAAMANA's notice or if it is discovered that you are under the age of 18 years.
4. ZAAMANA is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. ZAAMANA cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. ZAAMANA shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. ZAAMANA does not make any representation or warranty as to the item-specifics (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.
6. ZAAMANA does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
7. At no time shall ZAAMANA hold any right, title or interest over the products nor shall ZAAMANA have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. ZAAMANA is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. ZAAMANA 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 ZAAMANA hold any right, title or interest over the products nor shall ZAAMANA have any obligations or liabilities in respect of such contract.
ZAAMANA is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8.1. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
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).
8.2. You release and indemnify ZAAMANA 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, ZAAMANA cannot take responsibility or 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, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for buyers. ZAAMANA does not charge any fee for browsing and buying on the Website. ZAAMANA reserves the right to change its Fee Policy from time to time. In particular, ZAAMANA may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ZAAMANA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Zaamana.com Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms & conditions, ZAAMANA's prior written consent means a communication coming from ZAAMANA's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms & conditions.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms of ZAAMANA.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ZAAMANA or sellers on platform or otherwise tarnish or dilute any ZAAMANA's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ZAAMANA's systems or networks, or any systems or networks connected to ZAAMANA.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms & conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of ZAAMANA and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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 listing, purchase, solicitation of offers to purchase, and sale of products 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.
10. From time to time, You shall be responsible for providing information relating to the products 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 products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms & conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
3. You understand, accept and agree that the payment facility provided by ZAAMANA is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the ZAAMANA Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, ZAAMANA is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate ZAAMANA Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to ZAAMANA in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.
1. ZAAMANA reserves the right to impose limits on the number of Transactions or Transaction Price which ZAAMANA may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
2. ZAAMANA reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with ZAAMANA or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
3. ZAAMANA may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of ZAAMANA. As a result of such check if ZAAMANA is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
4. ZAAMANA may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if ZAAMANA deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, ZAAMANA may hold Transaction Price and ZAAMANA may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
5. The Buyer and Seller acknowledge that ZAAMANA will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of ZAAMANA.
Compliance with Laws:
1. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ZAAMANA Website.
In relation to the customer sending the goods to us - customer understands it is his responsibility to ensure that the used products are delivered to the buyer within 5 days of receiving the new product. In case the goods are consigned through any other carrier (other than specific logistics), customer understands that he/she will have to initially make the full payment for the new product and receive 100% of the exchange value, pursuant to delivery and verification of the old device within 20 working days. The customer, in case chooses for transporting the old device, please call +91- 8167496230
In relation to shipping charges of old device - customer hereby understands that he would be charged an amount mentioned as pickup charges towards shipping charges of old device in case he chooses courier partner’s logistics as a transporter to ship the old device to the buyer's.
Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
T&C shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in West Bengal.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India & out of India. ZAAMANA make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and ZAAMANA is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
ZAAMANA we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL ZAAMANA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS & CONDITIONS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
The name and contact details of the Grievance
Officer are provided below for any quarries.
Mr. Saikat Datta
ZAAMANA.COM Pvt Ltd.
West Bengal, India
Phone: +91 - 8167496230
Time: Mon - Sat (15:00 - 16:00)
ZAAMANA prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
· Report offensive Display Names
· Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
ZAAMANA will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If ZAAMANA has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then ZAAMANA may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
ZAAMANA 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, ZAAMANA may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, 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.
For more details related to Replacement Policy, refer to Returns & Cancelation policy of Zaamana.com
Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the ZAAMANA website. Following situations may arise:
1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by the Seller.
Return could also result in refund of money in most of the cases.
Points to be noted:
1. Seller can always accept the return irrespective of the policy.
2. If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is unhappy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
1. Seller can always accept the return irrespective of the policy.
2. If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Help Desk Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:
1. Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
2. Shipping was damaged
3. Item was defective
4. Item Dead on Arrival
5. Item(s) were missing
6. Wrong item sent
7. An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.
8. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
9. Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to firstname.lastname@example.org.
In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on ZAAMANA. However there may be some cases where both the Buyers and Sellers may face issues. At ZAAMANA, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to email@example.com, while the Seller can write also to firstname.lastname@example.org, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Compatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims invalid Invoice
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
ZAAMANA reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ZAAMANA may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by ZAAMANA under the Buyer Protection Program shall be final and binding on its Users.
ZAAMANA reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, ZAAMANA shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
ZAAMANA Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 7 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by ZAAMANA" and failing to do so Seller will be liable for chargebacks (as applicable).
3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by ZAAMANA. ZAAMANA encourages its Users to be professional, courteous and respectful when communicating by email.
However, ZAAMANA will investigate and can take action on certain types of unwanted emails that violate ZAAMANA policies.
Threats of Bodily Harm - ZAAMANA does not permit Users to send explicit threats of bodily harm.
Misuse of ZAAMANA System - ZAAMANA allows Users to facilitate transactions through the ZAAMANA system, but will investigate any misuse of this service.
Spoof (Fake) email - ZAAMANA will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - ZAAMANA's spam policy applies only to unsolicited commercial messages sent by ZAAMANA Users. ZAAMANA Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of ZAAMANA - ZAAMANA prohibits email offers to buy or sell listed products outside of the ZAAMANA Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
ZAAMANA policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
· Limits on account privileges
· Account suspension
· Cancellation of listings
· Loss of special status
Zaamana.com Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, ZAAMANA will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
1. Trademark owner doesn't make this type of product or has discontinued the production of the product
2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful comparison to trademark owner's brand or product
2. Listing(s) contains unlawful use of trademark owner's logo
1. Software is being offered without any license or in violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises unauthorized copy of copyrighted text
2. Listing(s) comprises unauthorized copy of copyrighted image
3. Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to email@example.com.
Contacting the Seller
At ZAAMANA we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at +91 - 90-46471321 or access help center at firstname.lastname@example.org.
Circular for seller :
Ø Internal circular for the charges will be seen at the circular block of the registered page. All monetary calculation will be calculate depending on the circular only. Before uploading the products , seller need to understand the circular.
This circular is valid for 1 year or may be change .
For any help seller can contact on help desk or you may contact to the following number.
Mr. Saikat Datta
ZAAMANA.COM Pvt Ltd.
West Bengal, India
Phone: +91 - 8167496230
Time: Mon - Sat (15:00 - 16:00)
Incentive circular :
Ø This circular also will be send to seller, with 1 yr validity, at incentive circular block at their registered site to earn more . This is also after registration seller will receive it. Zaamana.com authority has to right to change the incentive circular without any notice. For any help seller can contact on help desk. For any help , seller need call at our Help Desk Number.
Mr. Saikat Datta
ZAAMANA.COM Pvt Ltd.
West Bengal, India
Phone: +91 - 8167496230
Time: Mon - Sat (15:00 - 16:00)