Terms Of Use

Dalmia Best Price Terms of Use

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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Dalmia Best Price.com website.

The domain name www.Dalmia Best Price.com (hereinafter referred to as "Website") is owned by Dalmia Biz Retail Private Limited a company incorporated under the Companies Act, 1956 with its registered office at B-38, Ist Floor, Institutional Area, Sector-1, Noida(U.P)-201301, India (hereinafter referred to as "Dalmia Best Price").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms of Use" ) 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 Dalmia Biz Retail Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Dalmia Best Price. For the purpose of these Terms of Use, 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. Dalmia Best Price allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean Dalmia Biz Retail 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 of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use 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 of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Dalmia Best Price Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

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 Dalmia Best Price 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. Dalmia Best Price reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Dalmia Best Price's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification.

You agree that Dalmia Best Price shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Dalmia Best Price is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Dalmia Best Price does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Dalmia Best Price.

2. Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

3. Dalmia Best Price does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Dalmia Best Price does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Dalmia Best Price accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4. Dalmia Best Price is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Dalmia Best Price cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Dalmia Best Price shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

5. Dalmia Best Price 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. Dalmia Best Price 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 Dalmia Best Price hold any right, title or interest over the products nor shall Dalmia Best Price have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Dalmia Best Price 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. Dalmia Best Price 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 Dalmia Best Price hold any any right, title or interest over the products nor shall Dalmia Best Price have any obligations or liabilities in respect of such contract.

Dalmia Best Price 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.

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).

2. You release and indemnify Dalmia Best Price 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, Dalmia Best Price 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.

Charges

Membership on the Website is free for buyers. Dalmia Best Price does not charge any fee for browsing and buying on the Website. Dalmia Best Price reserves the right to change its Fee Policy from time to time. In particular, Dalmia Best Price 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 Dalmia Best Price 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 Dalmia Biz Retail 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:

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Dalmia Best Price has no control over such third party user generated content as Dalmia Best Price is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Dalmia Best Price's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Dalmia Best Price does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Dalmia Best Price will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Dalmia Best Price does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Dalmia Best Price reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

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 Dalmia Best Price 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, or through any other method available on the Website, as chosen by You.

For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.

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).

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.

Refund shall be conditional and shall be with recourse available to Dalmia Best Price in case of any misuse by Buyer.

We may also request you for additional documents for verification.

Refund shall be subject to Buyer complying with Policies.

Compliance with Laws:

Dalmia Best Price's Replacement Guarantee*

Dalmia Best Price's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (Dalmia Best Price's Replacement Guarantee) depends on the product category and the seller. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Inner wear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

If Dalmia Best Price has any 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 or not genuine, Dalmia Best Price may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Dalmia Best Price will not be allowed to return their products.

Dalmia Best Price 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, Dalmia Best Price 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.

Exchange Offers:

By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

You agree to indemnity and keep indemnifying Dalmia Best Price.in and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Dalmia Best Price.in, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Dalmia Best Price.in, Seller or the Manufacturer shall not be responsible for the same and I will not approach Dalmia Best Price.in for any retrieval of the data.

I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

I agree to indemnity and keep indemnifying the Dalmia Best Price.in and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Dalmia Best Price.in, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

I understand once a device is sent by me to Dalmia Best Price, in no scenario can this device be returned back to me.

I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

Digital Content: Music

Music (MP3 format): Only certain short listed Seller (at the sole discretion of Dalmia Best Price) shall be entitled to sell Music (MP3 format) on the Website. You may be able to purchase DRM-free digital music in MP3 file format on the Website from the respective Sellers. Such MP3 music files shall be provided to You as per selection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time. Territory: Currently You can purchase downloadable digital MP3 music only through the Website and Flyte Music Application as may be made available from time to time on the Website, only within the territory of India. Rights Granted: Music download right is a non-exclusive, non-transferable right to use for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the MP3 music file only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the MP3 music file only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the MP3 music file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use MP3 music file. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for MP3 music file. You acknowledge that the MP3 music file embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for MP3 music file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.

Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Website currently.

All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are not permissible on website. Once You have purchased MP3 music files, Dalmia Best Price encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.

Further Dalmia Best Price assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does not support the music download application / software available by the Seller on the Website, by whatever name called.

You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.

Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Dalmia Best Price as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of MP3 music files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Digital Content: eBooks

ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the Dalmia Best Price Website and the Flyte eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Website.

Download rights: You will need to be registered with Dalmia Best Price to make an ebook purchase. The eBooks which you purchase from the Dalmia Best Price Website or Flyte eBooks application shall be added in your Dalmia Best Price eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the Flyte eBooks Application only.

Flyte eBooks application: Flyte eBooks application will enable you to read the digital books purchased from the Flyte eBooks store, on your mobile or tablet devices. The app also has an in-app Flyte eBooks store where the user can quickly purchase eBooks. The Flyte eBooks app will be available in the Android platform. The Android app will be compatible with both mobiles and tablet devices. You can download the Flyte eBooks android app for free from the Dalmia Best Price Website and also Google Play.

Territory: Currently you can purchase downloadable eBooks only through the Website and Flyte eBooks Application as may be made available from time to time on the Website, only within the territory of India. You have to be within the Indian Territory to even download the already purchased files from your Dalmia Best Price eBooks library.

DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The Flyte DRM specifications restrict the following permissions:

Default Restrictions Dalmia Best Price Settings
Printing Not Allowed
Copying Not Allowed
Side-Loading (from one device to other) Not Allowed
e-mailing Not Allowed
Saving Images Not Allowed
Read out aloud Not Allowed
Number of distinct devices for file downloading Allowed (Six)
Social media sharing 140 word

Rights Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive, non-transferable right to use the downloaded ebook for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may store the ebook only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the ebook only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law. Explicit Consent: You agree that we shall have no liability to you for ebook downloaded by You on the Website or Flyte Apps if you find the same to be offensive, indecent or objectionable. Payment: The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.

Dalmia Best Price will allow the user to buy ebook using the following forms of payments.

--> Credit Cards

--> Internet Banking

--> Debit Cards

--> any other mode of payment, as may be decided and made available on the Website.

Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.

Cash on Delivery as a mode of payment is not available for purchasing ebook on the Website currently.

Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.

All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment. The ebook will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The eBooks will also be replaced in cases of genuine technical errors as mentioned in the replacement policy.

You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Dalmia Biz Retail Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein (typically, the right to read the ebook in Flyte eBooks Application), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement. Software: We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Indemnity

You shall indemnify and hold harmless Dalmia Best Price, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Noida.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Dalmia Best Price 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 Dalmia Best Price 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.

Trademark, Copyright and Restriction

This site is controlled and operated by Dalmia Best Price and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Dalmia Best Price respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Dalmia Best Price at feedback@Dalmia Best Price.in

Product Description

Dalmia Best Price 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 DALMIA BEST PRICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Dalmia Biz Retail Pvt Ltd.
B-38, Ist Floor, Institutional Area,
Sector-1, Noida-201301, India

contact us:

Email: feedback@dalmiabestprice.in

POLICIES

Profanity Policy

Dalmia Best Price 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:

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.

Dalmia Best Price will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

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 Dalmia Best Price 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 Dalmia Best Price 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.

Dalmia Best Price 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, Dalmia Best Price 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 s/help/cancellation-returns Returns Policy

Return could also result in refund of money in most of the cases.

Points to be noted:

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category Condition
Electronics Should be included
Clothing and Footwear Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care Should be "New & Unopened"
Sports & Equipment Should be "New" and returned with original packaging
Office Products Should be "New" and returned with original packaging
Jewellery Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

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 Toll Free Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

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

Overview

Generally, transactions are conducted smoothly on Dalmia Best Price. However there may be some cases where both the Buyers and Sellers may face issues. At Dalmia Best Price, 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 dispute@Dalmia Best Price.in, while the Seller can write to ss@Dalmia Best Price.in, 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:

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Dalmia Best Price will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, Dalmia Best Price will actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller. The Buyer can write to resolution@Dalmia Best Price.in if the issue with the Seller is not resolved. Dalmia Best Price's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.

In due course of resolution, Dalmia Best Price's Customer Support Team will facilitate a conference call including the Seller and the Buyer.

When a dispute has been raised, Dalmia Best Price may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Dalmia Best Price for settling the dispute.

Buyer Eligibility and Restrictions?

Only the Buyers who have purchased the product on Dalmia Best Price are eligible for the Buyer Protection Program.

Buyers can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Dalmia Best Price by writing an email to feedback@Dalmiabestprice.in

Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.

Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Dalmia Best Price. If the claim was withdrawn, it is not counted. The coverage amount will be limited to ₹50,000

Through the Buyer Protection program, Dalmia Best Price does not provide any guarantee/warranty to Buyers for products sold on Dalmia Best Price against technical/manufacturing defects.

Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Dalmia Best Price shall verify the disputes so raised and may process only such claims that are valid and genuine.

Dalmia Best Price shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

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.

Dalmia Best Price 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, Dalmia Best Price 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 Dalmia Best Price under the Buyer Protection Program shall be final and binding on its Users.

Dalmia Best Price reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Dalmia Best Price shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

Dalmia Best Price 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 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

Disputes via Charge back

Whenever a charge back (CB) comes from a payment gateway/bank, following situations may arise:

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 Dalmia Best Price" and failing to do so Seller will be liable for charge backs (as applicable).

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Dalmia Best Price. Dalmia Best Price encourages its Users to be professional, courteous and respectful when communicating by email.

However, Dalmia Best Price will investigate and can take action on certain types of unwanted emails that violate Dalmia Best Price policies.

Such instances:

Threats of Bodily Harm - Dalmia Best Price does not permit Users to send explicit threats of bodily harm.

Misuse of Dalmia Best Price System - Dalmia Best Price allows Users to facilitate transactions through the Dalmia Best Price system, but will investigate any misuse of this service.

Spoof (Fake) email - Dalmia Best Price 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) - Dalmia Best Price's spam policy applies only to unsolicited commercial messages sent by Dalmia Best Price Users. Dalmia Best Price Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Dalmia Best Price - Dalmia Best Price prohibits email offers to buy or sell listed products outside of the Dalmia Best Price Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Dalmia Best Price 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:

For Buyers from Maharashtra

Dalmia Best Price Terms of Use

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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Dalmia Best Price.in website.

The domain name www.Dalmia Best Price.in (hereinafter referred to as "Website") is owned by Dalmia Biz Retail Private Limited a company incorporated under the Companies Act, 1956 with its registered office at B-38, Ist Floor, Institutional Area, Sector-1, Noida-201301,India (hereinafter referred to as "Dalmia Best Price").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms of Use" ) 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 Dalmia Biz Retail Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Dalmia Best Price. For the purpose of these Terms of Use, 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. Dalmia Best Price allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean Dalmia Biz Retail 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 of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use 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 of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Dalmia Best Price Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

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 Dalmia Best Price 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. Dalmia Best Price reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Dalmia Best Price's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Dalmia Best Price is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

At no time shall Dalmia Best Price hold any any right, title or interest over the products nor shall Dalmia Best Price have any obligations or liabilities in respect of such contract.

At no time shall Dalmia Best Price hold any any right, title or interest over the products nor shall Dalmia Best Price have any obligations or liabilities in respect of such contract.

Dalmia Best Price 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.

Charges

Membership on the Website is free for buyers. Dalmia Best Price does not charge any fee for browsing and buying on the Website. Dalmia Best Price reserves the right to change its Fee Policy from time to time. In particular, Dalmia Best Price 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 Dalmia Best Price 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 Dalmia Biz Retail 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:

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Dalmia Best Price shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Dalmia Best Price views. In no event shall Dalmia Best Price assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Dalmia Best Price has no control over such third party user generated content as Dalmia Best Price is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Dalmia Best Price's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Dalmia Best Price does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Dalmia Best Price will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Dalmia Best Price does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

You, as a Buyer, shall electronically notify Payment Facility using the appropriate Dalmia Best Price 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, or through any other method available on the Website, as chosen by You.

For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.

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).

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.

Refund shall be conditional and shall be with recourse available to Dalmia Best Price in case of any misuse by Buyer.

We may also request you for additional documents for verification.

Refund shall be subject to Buyer complying with Policies.

Dalmia Best Price's Replacement Guarantee*

Dalmia Best Price's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (Dalmia Best Price's Replacement Guarantee) depends on the product category and the seller. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

If Dalmia Best Price has any 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 or not genuine, Dalmia Best Price may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Dalmia Best Price will not be allowed to return their products.

Dalmia Best Price 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, Dalmia Best Price 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.

Exchange Offers:

By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

You agree to indemnity and keep indemnifying Dalmia Best Price.in and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Dalmia Best Price.in, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Dalmia Best Price.in, Seller or the Manufacturer shall not be responsible for the same and I will not approach Dalmia Best Price.in for any retrieval of the data.

I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

I agree to indemnity and keep indemnifying the Dalmia Best Price.in and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Dalmia Best Price.in, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

I understand once a device is sent by me to Dalmia Best Price, in no scenario can this device be returned back to me.

I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

Digital Content: Music

Music (MP3 format): Only certain short listed Seller (at the sole discretion of Dalmia Best Price) shall be entitled to sell Music (MP3 format) on the Website. You may be able to purchase DRM-free digital music in MP3 file format on the Website from the respective Sellers. Such MP3 music files shall be provided to You as per selection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time.

Territory: Currently You can purchase downloadable digital MP3 music only through the Website and Flyte Music Application as may be made available from time to time on the Website, only within the territory of India.

Rights Granted: Music download right is a non-exclusive, non-transferable right to use for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the MP3 music file only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that You will use the MP3 music file only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the MP3 music file. You agree that You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use MP3 music file. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for MP3 music file. You acknowledge that the MP3 music file embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for MP3 music file downloaded by You on the Website if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.

Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Website currently.

All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are not permissible on website. Once You have purchased MP3 music files, Dalmia Best Price encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.

Further Dalmia Best Price assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does not support the music download application / software available by the Seller on the Website, by whatever name called.

You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.

Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the music available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties to upload the music on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Dalmia Best Price as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.

Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of MP3 music files on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, (i) in no event shall Our or software licensors' total liability to You for all damages arising out of or related to your use or inability to use the Software and / or download manager or any other application exceed the amount of ₹20; and (ii) in no event shall Our or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Digital Content: eBooks

ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the Dalmia Best Price Website and the Flyte eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Website.

Download rights: You will need to be registered with Dalmia Best Price to make an ebook purchase. The eBooks which you purchase from the Dalmia Best Price Website or Flyte eBooks application shall be added in your Dalmia Best Price eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the Flyte eBooks Application only.

Flyte eBooks application: Flyte eBooks application will enable you to read the digital books purchased from the Flyte eBooks store, on your mobile or tablet devices. The app also has an in-app Flyte eBooks store where the user can quickly purchase eBooks. The Flyte eBooks app will be available in the Android platform. The Android app will be compatible with both mobiles and tablet devices. You can download the Flyte eBooks android app for free from the Dalmia Best Price Website and also Google Play.

Territory: Currently you can purchase downloadable eBooks only through the Website and Flyte eBooks Application as may be made available from time to time on the Website, only within the territory of India. You have to be within the Indian Territory to even download the already purchased files from your Dalmia Best Price eBooks library.

DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The Flyte DRM specifications restrict the following permissions:

Default Restrictions Dalmia Best Price Settings
Printing Not Allowed
Copying Not Allowed
e-mailing Not Allowed
Saving Images Not Allowed
Read out aloud Not Allowed
Number of distinct devices for file downloading Allowed (Six)
Social media sharing 140 word

Rights Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive, non-transferable right to use the downloaded ebook for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may store the ebook only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the ebook only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we shall have no liability to you for ebook downloaded by You on the Website or Flyte Apps if you find the same to be offensive, indecent or objectionable.

Payment: The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.

Dalmia Best Price will allow the user to buy ebook using the following forms of payments.

--> Credit Cards

--> Internet Banking

--> Debit Cards

--> any other mode of payment, as may be decided and made available on the Website.

Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.

Cash on Delivery as a mode of payment is not available for purchasing ebook on the Website currently.

Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.

All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment. The ebook will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The eBooks will also be replaced in cases of genuine technical errors as mentioned in the replacement policy.

You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Dalmia Biz Retail Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein (typically, the right to read the ebook in Flyte eBooks Application), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

Software: We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Indemnity

You shall indemnify and hold harmless Dalmia Best Price, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Noida.

Jurisdictional

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Dalmia Best Price 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 Dalmia Best Price 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.

Trademark, Copyright and Restriction

This site is controlled and operated by Dalmia Best Price and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Dalmia Best Price respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Dalmia Best Price at feedback@Dalmia Best Price.in

Product Description

Dalmia Best Price 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 DALMIA BEST PRICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Rajesh Jha
Dalmia Biz Retail Private Limited
B-38, Ist Floor,
Institutional Area,
Sector-1, Noida-201301, India.

POLICIES

Profanity Policy

Dalmia Best Price 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:

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.

Dalmia Best Price 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:

Replacement Guarantee*

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 Dalmia Best Price 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 Dalmia Best Price 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.

Dalmia Best Price 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, Dalmia Best Price 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 s/help/cancellation-returns

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the Dalmia Best Price website. Following situations may arise:

Return could also result in refund of money in most of the cases.

Points to be noted:

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category Condition
Electronics Should be included
Clothing and Footwear Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care Should be "New & Unopened"
Sports & Equipment Should be "New" and returned with original packaging
Office Products Should be "New" and returned with original packaging
Jewellery Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

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 Toll Free Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

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

Overview

Generally, transactions are conducted smoothly on Dalmia Best Price. However there may be some cases where both the Buyers and Sellers may face issues. At Dalmia Best Price, 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 dispute@Dalmia Best Price.in, while the Seller can write to ss@Dalmia Best Price.in, 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:

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Dalmia Best Price will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, Dalmia Best Price will actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

The Buyer can write to feedback@Dalmia Best Price.in if the issue with the Seller is not resolved. Dalmia Best Price's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.

In due course of resolution, Dalmia Best Price's Customer Support Team will facilitate a conference call including the Seller and the Buyer.

When a dispute has been raised, Dalmia Best Price may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Dalmia Best Price for settling the dispute.

Buyer Eligibility and Restrictions

Only the Buyers who have purchased the product on Dalmia Best Price are eligible for the Buyer Protection Program.

Buyers can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Dalmia Best Price by writing an email to feedback@Dalmia Best Price.in

Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.

Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Dalmia Best Price. If the claim was withdrawn, it is not counted. The coverage amount will be limited to ₹50,000

Through the Buyer Protection program, Dalmia Best Price does not provide any guarantee/warranty to Buyers for products sold on Dalmia Best Price against technical/manufacturing defects.

Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Dalmia Best Price shall verify the disputes so raised and may process only such claims that are valid and genuine.

Dalmia Best Price shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

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.

Dalmia Best Price 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, Dalmia Best Price 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 Dalmia Best Price under the Buyer Protection Program shall be final and binding on its Users.

Dalmia Best Price reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Dalmia Best Price shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

Dalmia Best Price 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 10 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:

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 Dalmia Best Price" and failing to do so Seller will be liable for chargebacks (as applicable).

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Dalmia Best Price. Dalmia Best Price encourages its Users to be professional, courteous and respectful when communicating by email.

However, Dalmia Best Price will investigate and can take action on certain types of unwanted emails that violate Dalmia Best Price policies.

Such instances:

Threats of Bodily Harm - Dalmia Best Price does not permit Users to send explicit threats of bodily harm.

Misuse of Dalmia Best Price System - Dalmia Best Price allows Users to facilitate transactions through the Dalmia Best Price system, but will investigate any misuse of this service.

Spoof (Fake) email - Dalmia Best Price 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) - Dalmia Best Price's spam policy applies only to unsolicited commercial messages sent by Dalmia Best Price Users. Dalmia Best Price Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Dalmia Best Price - Dalmia Best Price prohibits email offers to buy or sell listed products outside of the Dalmia Best Price Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Dalmia Best Price 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:

Other Businesses

Dalmia Best Price does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Dalmia Best Price assumes no responsibility for examining or evaluating the products and services offered by them. Dalmia Best Price do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Dalmia Best Price does not endorse, in any way, any third party website(s) or content thereof.

Dalmia Best Price Infringement Verification (FIV) - Reporting Listing Violations

Dalmia Best Price has put in place Dalmia Best Price Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Dalmia Best Price's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

Dalmia Best Price does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Dalmia Best Price is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Dalmia Best Price.

FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Get Free Combo Masala Pack of 3 on Shopping worth Rs. 800 or above

1. Offer is valid on selected categories like Beauty & Personal Care, Men & Women Fashion, Home & Kitchen and Sports & Fitness.
2. To avail free Combo Masala Pack of 3 offer on categories like Health & Wellness, Mobiles & Accessories, the customer needs to shop worth Rs. 1500 or above.



Last edited on - 25th January 2019

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