RETURNS, REFUNDS, REPLACEMENTS AND CANCELLATION POLICY
THE RETURN POLICY IS AN ELECTRONIC RECORD ISSUED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS RETURN POLICY IS A LEGALLY BINDING DOCUMENT AGREED TO BY THE USERS. THIS RETURN POLICY SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON THE BUYER PURCHASING ANY PRODUCTS LISTED ON THE APPLICATION. THE DEFINED TERMS IN THE RETURNS POLICY WILL HAVE THE MEANING ASCRIBED TO THEM IN THE AGREEMENTS, WHEREVER APPLICABLE.
1.1. Simbiz Technologies owns and operates the Application which means the proprietary Simpel Platform or applications which enables the Buyer to access the catalogue of Products and place orders for specific Products (" Application").
1.2. For the purpose of this Return Policy, wherever the context so requires, capitalized terms not otherwise defined in this Return Policy shall have the meaning given to them in the other Agreements listed on the Application.
1.3. Buyers must ensure prior to accepting shipment of any Product, that the Product' packaging is not damaged or tampered. If the Buyer observes that the package is damaged or tampered, the Buyer may open the packaging to verify whether the Products ordered are damaged or not, and accordingly accept and/or reject delivery.
2.1. The Buyer may in accordance with this Return Policy, return the Products (not being Disqualified Products) purchased on the Application within a period of 7 (seven) days from the date of delivery of the Product, due to the reasons set out below:
(a) Product does not match the description provided on the Product page or Order page (including wrong colour, size, or style);
(b) Defects in the Product;
(c) Damage during shipping or transit;
(d) Product (i.e. the entire pack which was purchased by the Buyer) is missing;
Collectively referred to as "For Cause Returns"
2.2. The Buyer shall be entitled to return the Products (not being Disqualified Products) purchased on the Application within a period of 7 (seven) days from the date of delivery of the Product for reasons other than For Cause Returns ("Other Reasons Returns"), including if You no longer need the Product after placing an Order for such Product, subject to the other terms of this Return Policy.
(a) For select buyers return of items with reasons outside For Cause Returns are not allowed. Simbiz Technologies reserves the right to identify the select buyers based on the past ordering history, at its sole discretion.
2.3. The Buyer may either return the entire Order, or a part of the Order. However, all returns shall only be permitted, if the Products are in pre-defined packs.
2.4. However, Products shall not be eligible for returns, replacement, or refunds, in the event:
(a) Request for return is not within the prescribed time period;
(b) Product is damaged because of use or Product is not in the same condition as the Buyer received it, the packs are broken and/or not in the original condition;
(c) Products not delivered through the same article;
(d) Products are in the nature of made-to-order or customised Products (if any) unless such Products are damaged or defective; and
(e) Anything essential to the integrity of the packaged Product missing from the package the Buyer received, including but not limited to, price tags, labels, original packing, freebies, user manuals or accessories.
Collectively referred to as "Disqualified Products".
2.5. Gift vouchers and other notified products are not returnable or refundable for cash.
2.6. Some specific Products may be subject to additional terms for returns, which shall be specified on the Product page on the Application.
The Buyer may contact the [sales officer of Simbiz Technologies] for returns, refunds, replacement, or cancellation
2.7. In order to return any Products (not being a Disqualified Product) sold through the Application, the Buyer is required to comply with the below mentioned conditions:
(a) Notify Simbiz Technologies by contacting the customer service team of receipt of a damaged or defective Product within 7 (seven) days from the date of delivery of the Product, along with proof of the damage or defect, such photographs, video, etc. If the Buyer is unable to do so within 7 (seven) days as aforesaid, Simbiz Technologies shall not be held liable to facilitate the refund or replacement of the Order;
(b) Upon contacting the Buyer and ascertaining the reasons due to which the Buyer has initiated a returns request, Simbiz Technologies will arrange for the pick-up of the Product from the Buyer's location, depending on the pin-code of the Buyer.
(c) Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
(d) The return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
(e) The returned Products are subject to verification and checks by Simbiz Technologies in order to determine the legitimacy of the complaint / return.
2.8. Notwithstanding the above, Simbiz Technologies may accept request for returns, refund, or replacement above at its sole discretion.
3. Refund and Replacement Policy
3.1. Upon receiving the Buyer's complaint in relation to For Cause Returns, Simbiz Technologies at its sole discretion will verify if the complaint is genuine, and inform the Buyer of its determination. If Simbiz Technologies finds that the Buyer's complaint is genuine, Simbiz Technologies shall either replace the Product or refund the Product to the Buyer at its sole discretion. The Buyer expressly acknowledges that for any claims that the Buyer may have in relation to such Product and Simbiz Technologies shall not in any manner be held liable.
3.2. In the event the return of a Product (either the For Cause Returns Product or Other Reasons Returns Product) is duly accepted by Simbiz Technologies for refund, the value of such Product, as originally paid by the Buyer during acceptance of delivery of Product or otherwise, will be refunded to the Buyer. Please note that any freebies accepted by the Buyer at the time of the receipt of the Product will have to be returned with the Product.
3.3. Buyer agrees that Simbiz Technologies shall have the right to liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from Simbiz Technologies) to any third party to whom those Products are sold after the return.
3.4. In the event of false, frivolous, or baseless complaints in relation to For Cause Returns, the Buyer will not be eligible for refund or replacement. In the event the Buyer has sent the Product to Simbiz Technologies claiming defect / damage, etc. and such complaint is found to be false, the cost of re-shipping the Product to the Buyer will be borne by the Buyer.
4.1. Cancellation by the Buyer: Cancellation requests can be raised by the Buyer until the time an order is not accepted by the Buyer. Once the order is cancelled, Simbiz Technologies will refund the Buyer's prepaid amount. The Buyer has a right to refuse delivery of the order.
4.2. For an existing order to be cancelled or returned, the Buyer will have to raise such request with the [sales officer of Simbiz Technologies] who will then intimate the same to the [Support team of Simbiz Technologies] who shall confirm such return or cancellation.
4.3. In case the Buyer has availed any benefit under any marketing or promotions provided by Simbiz Technologies in relation to the Product for which the order has been cancelled by the Buyer, Buyer agrees and authorizes Simbiz Technologies to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer. In case of partial cancellations resulting in the weight of Products falling below the prescribed minimum threshold (as may be notified on the Application from time to time), the Buyer agrees to bear the relevant shipping charges, as indicated by Simbiz Technologies.
5. Refund Process
5.1. In the event that the Buyer requests for a refund, the refund will only be permissible upon Simbiz Technologies authorising the refund. All refunds, pursuant to any returns or cancellations, will only be credited as store credit into the Buyer's account on the Application. The Buyer should make specific requests for such refunds to be processed in any other manner which shall be dealt by Simbiz Technologies on a case to case basis. The timelines for such the credit of refunds shall be notified by Simbiz Technologies from time to time on the Application.
5.2. The status of the refunds can be checked under "My Accounts" section. We will further, provide the Buyer email or SMS communications of the refund.
5.3. If the Buyer has availed third party financing from Simbiz Technologies financial partners, the refunds will be credited directly to the account of such financial partner.
6. Shipping costs
6.1. If the Buyer returns a Product due to Other Reasons Returns, the Buyer may be required to bear shipping costs in connection with such return, if required by Simbiz Technologies in its sole discretion.
6.2. Standard shipping procedures will be used to ship replacement orders. The replacement orders will only be shipped upon receipt of the original order.
In the event that We determine that any Buyer has abused the Returns Policy, then the Buyer may be subject to a range of actions, including account suspension, limiting the privileges or even termination of the User's account. Such determination shall be at the sole discretion of Simbiz Technologies.
8. Applicable Law, Jurisdiction and Dispute Resolution
8.1. If the parties are unable to resolve any such dispute or difference within a period of thirty (30) days, then any such dispute or difference arising out of, under, or in connection with this Agreement, including any question regarding its formation, existence, validity, enforceability, performance, interpretation or the breach, termination or validity thereof, shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and conciliation Act, 1996 as amended from time to time.
8.2. The arbitral tribunal shall consist of three arbitrators, one appointed by each party and the said 2 appointed arbitrators by the parties shall appoint the presiding arbitrator. The venue of the arbitration shall be Mumbai and the language of the arbitration shall be English.
8.3. The arbitral tribunal shall have the authority to order reasonable discovery including but not limited to: the identification of witnesses, the deposition of witnesses, the production of documents, including but not limited to the exchange of any documents with a specific bearing on the interpretation of the Agreement and a party's performance under the Agreement, and the production of any exhibits upon which a party intends to rely at the Arbitration. There shall be a hearing unless the parties agree in writing that the Arbitral tribunal may decide the case solely on the documents submitted by the part. The arbitral tribunal will be empowered to impose costs on any party that seeks adjournment of the proceedings or hearings, or fails to comply with any directions of the Arbitral Tribunal. After 60 days written notice to the parties, the arbitral tribunal also will be empowered to dismiss the claims or strike off the defence of a party that fails to deposit the costs referred to above, pay the fees of the arbitrators, or costs as directed by the tribunal towards conduct of the arbitration proceedings.
8.4. The arbitral award shall be in writing and shall state the grounds upon which it is based. The arbitral award shall be final and binding on the parties. Unless costs are awarded in the arbitration proceeding, all expenses, costs incurred by the parties in connection with such arbitration will be borne by the party jointly except for the legal fees of the Parties. Judgment upon any award rendered by the Arbitrator may be entered by any court having jurisdiction over the parties or their assets, or an application may be made to such court for judicial recognition of the award or an order of enforcement thereof, as the case may be. This paragraph shall survive the Termination or expiry of this Agreement.
8.5. The Return Policy and applicable additional terms/policies shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the above paragraph of this clause, any disputes pertaining to the Return policy shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.