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This article is written by Ayush Agarwal of UPES Dehradun.

Flipkart, Amazon, Myntra are the most accessed e-commerce site among the Indian consumer. Rather preferring to go and buy products in the market, consumer prefer to order online and if they don’t find it appropriate, then they have an option  of getting replacement. With fantastic offers and easy availability of the products the online shopping is getting more popular among the consumers who have access to internet and especially for the one who don’t have time to go and buy the products from the market. Everyone accepts to the terms and conditions given by the site, but no one bothers to go through it. Let’s evaluate the terms and conditions of some of the online retail sites.

Platform for Transaction and Communication

Flipkart in the very starting of its policy specifies what Flipkart actually is. Flipkart terms itself as a Website rather a market where Users utilize to meet and interact with one another for their transactions. Flipkart excludes all the liabilities by specifying that Flipkart is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Important terms and conditions

Contract: All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. Flipkart 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.

Representation: Flipkart 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. Flipkart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Flipkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

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

Warranty: Flipkart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Flipkart advises to independently verify the bona fides of any particular.

Right, Title or Interest over product: Flipkart does not hold any right, title or interest, nor have any obligations or liabilities in respect of any contracts entered into between buyers and sellers. Flipkart does not take any responsibility 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.

Bipartite contract: Flipkart 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.

Limitation of Liability: Flipkart shall not be liable in any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

Payment

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

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

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:

Mr. Chinnappa Karumbaiah Kuppanda

Flipkart Internet Private Limited

Ozone Manay Tech Park, #56/18 & 55/09, 7th floor,

Garvebhavipalya, Hosur Road, Bangalore- 560068

Karnataka, India

Phone: +91- 080-49083910

Email: [email protected]

Time: Mon – Sat (9:00 – 18:00)

Disputes (Resolutions) Policy

At Flipkart, has a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

Buyer Protection Program

Situations where Buyer Protection Program Works:

  1. In case of a dispute where the Seller is unable to provide a refund or a replacement, Flipkart will actively work towards reaching a resolution.
  2. 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.
  3. The Buyer can write to [email protected]if the issue with the Seller is not resolved. Flipkart’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.
  4. In due course of resolution, Flipkart’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.
  5. When a dispute has been raised, Flipkart may provide both the parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Flipkart for settling the dispute.

If you are a buyer then you are subject to following restrictions:

  1. There is a limitation period of 45 days in which you have to file the complaint.
  2. The first step which a buyer should take is contact the seller to resolve the dispute. 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 Flipkart by writing an email to [email protected]
  3. Buyers can make a maximum of 5 claims per year on Flipkart. If the claim was withdrawn, it is not counted. The coverage amount will be limited to ₹50,000.
  4. Buyers are not entitled to immediate refund of money or replacement of the product. Flipkart will be first verifying the dispute and will be processing the claims that are valid and genuine.
  5. Claims related to ‘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.
  6. (Disclaimer) Don’t initiate invalid or false claim or don’t provide incomplete or misleading information because flipkart reserves right to initiate civil and/or criminal proceeding against you in these cases.
  7. If there is a delay in shipment or delivery of the item by seller then you cannot file a complaint or entertain any claim from flipkart through this mechanism.

Amazon

Amazon.com is an American electronic commerce company with headquarters in Seattle, Washington. It is the largest Internet-based company in the United States. Amazon has recently started its e-commerce business in India.

E-Platform for Communication

By agreeing to the terms and conditions of amazon then you are agreeing to that fact that Amazon is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time for any location, herein you further agree that Amazon is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Sale of products on the website shall be bipartite contract between you and the sellers in Amazon.in

Disclaimer

  • Amazon disclaims that he will neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.
  • Amazon provides no ground for mediation or even does not provide any ground for resolving any dispute or disagreement between buyer and the sellers or manufacturers of the products.
  • Further Amazon expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website.
  • Amazon does not take any warranty of content, information, software, products, services and related graphics on the website.
  • It has been clearly stated that amazon does not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Amazon nor shall Amazon have any obligations or liabilities in respect of any transactions on the website

Governing law and Jurisdiction

Though operating in India, Amazon is not an Indian company, by agreeing to the terms and condition you agree that in case of any dispute you will be governed by laws of India and exclusive jurisdiction lies with the court of Delhi.

Buyer Dispute Program

When dispute arises between buyers and sellers, buyers should first contact sellers directly to try to find a solution. If the parties cannot resolve their dispute the Amazon Payments Buyer Dispute Program provides a mechanism to address the buyer’s complaint, including under the Amazon A-to-z Guarantee.

Guidelines to be followed before submitting a complaint

  • A complaint needs to be submitted within 30 days of making payment.
  • If the seller fails to offer a refund or exchange within 30 days of shipment, for any discrepancies in the item, the consumer can file coverage under the Amazon A-to-z Guarantee.
  • Circumstances in which the item delivered is considered to be “materially different”: (1)Wrong version or edition, (2)Item condition or details not as describe, (3)Wrong item, (4)Missing parts or components, (5)Defective item, (6)Damaged item

Please note that if disappointment with the satisfaction of the item will not be a ground under ‘materially different’.

  • Limitation Period: The consumer must wait for at-least 15 days from the date of purchase. From that point the limitation period extends to 75 days to submit the claim.
  • Requirements to Submit a Complaint: (1) The claim must be timely filed, (2) If you have received a materially different item, you must contact the seller within seven (7) days of receipt to request return information, (3) If your item becomes defective more than 30 days past the shipment date and it is under warranty, you must contact the manufacturer for repair or replacement, (4) If you paid by credit card and the issuing bank has initiated a chargeback, then you are not eligible for coverage.
  • Submit a Complaint: For submitting a complaint log onto your Amazon Payments account or by clicking here(https://payments.amazon.com/sdui/sdui/about?nodeId=6025).

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