www.bestofplace.com (hereinafter referred to as “Website”) is owned by Padmapriya Enterprises Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Shrish, B-11, AnandvanVihar, 733/5, Nale Colony Kolhapur – 416007, Maharashtra, India (hereinafter referred to as “Padmapriya Enterprises”).
Here “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Datanwhile registering on the Website as Registered User using the computer systems. bestofplace allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Padmapriya Enterprises Private Limited.
Membership and Eligibility
Use of the Website is available only to persons who are competent under Indian Contract Act, 1872. Minors, un-discharged insolvents etc who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. Being a minor you can use or transact on website, only under the legal guardian or parents. If bestofplace discovers that you are under the age and not adhering to said criteria, of then bestofplace reserves right to terminate your membership and prohibit you to provide access the Website.
Account and Registration Obligations
Mode of Communications
With the use of Website by you or by sending emails, you agree and accept that you are communicating with us through electronic records and shall receive communications via electronic records from us. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Commercial and Contractual terms
The commercial and contractual terms are offered by and agreed to between Buyers and Sellers alone. These commercial and 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. bestofplace 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 and contractual terms between the Buyers and Sellers.
Endorsement or representation or warranty
The bestofplace does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. bestofplace does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. bestofplace accepts no liability for any errors or omissions, whether on behalf of itself or third parties. It also does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc)
Performance of Contract
The bestofplace doesn’t take any responsibility of contract. It is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. bestofplace is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Ownership, possession, title and liability
The bestofplace doesn’t hold any right, title or interest over the products nor shall bestofplace have any obligations or liabilities in respect of contract entered into between Buyers and Sellers. bestofplace 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.
You shall agree the terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with. 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).
Indemnification and precautions
In case of any cost, damage, liability or other consequences of any of your actions on the Website, You shall indemnify bestofplace.
Notwithstanding its reasonable efforts in that behalf, bestofplace cannot take responsibility or control the information provided by other Users which is made available on the Website. Moreover you may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. So You have to be cautious and practice safe trading while using the Website.
The bestofplace does not charge any fee for browsing and buying on the Website, so Membership on the Website is free for buyers. But bestofplace reserves the right to change its Fee Policy from time to time. It is a sole discretion of bestofplace to introduce new services and modify some or all of the existing services offered on the Website. It also reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes in Fee Policy shall be communicated by posting the same 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 Padmapriya Entersprises Private Limited.
Appropriate use of the Website
You shall not upload, modify, publish, transmit, update or share any information or image which is harmful to individual or computer, unlawful,socially inappropriate, inhuman, misleading, against any individual or group or community, threatening, abusive, defamatory, unauthorized copy, pirated, restricted contents or links or pages, unauthorized accessed blogs or communities or account information or bulletins or friend request, a part of contests or sweepstakes or gambling, infringed any patent or trademark or copyright or other proprietary rights, threatening the unity or integrity or security or sovereignty of India. You shall not create any liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access or use or copy any portion of the Website. You shall not attempt to gain unauthorized access to the Website, or any other systems or networks connected to the Website. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not make any negative or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms bestofplace, bestofplace.com,
Contents Posted on Site
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.
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, Bestofplace 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.
Bestofplace 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.
Bestofplace 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 and/or SMS notifications, 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.
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.
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. Bestofplace reserves the right to delete such multiple listings of the same product listed by you in various categories.
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:
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
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.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Bestofplace liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Bestofplace’s Website.
3. You understand, accept and agree that the payment facility provided by Bestofplace is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Bestofplace Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Bestofplace is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent change / 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 Bestofplace 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. In case you do not raise a refund claim using Website features within the stipulated time than this would make you ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services
• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to Bestofplace in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Bestofplace reserves the right to impose limits on the number of Transactions or Transaction Price which Bestofplace may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Bestofplace reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Bestofplace or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Bestofplace may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Bestofplace. As a result of such check if Bestofplace is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. Bestofplace may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Bestofplace deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Bestofplace may hold Transaction Price and Bestofplace may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
8. The Buyer and Seller acknowledge that Bestofplace will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Bestofplace.
Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Bestofplace Website.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Bestofplace 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 Bestofplace 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 Bestofplace 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.
Bestofplace respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to Bestofplace at firstname.lastname@example.org.
Bestofplace 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 BESTOFPLACE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WITH
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:
Padmapriya Enterprises Private Limited,
Shrish, B-11, Anandvan Vihar, Nale Colony,
Bestofplace 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:
1. Report offensive Display Names
2. Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
Bestofplace will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
The Replacement Assurance 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 Bestofplace 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 Bestofplace 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 concept.
Bestofplace 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, Bestofplace 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 concept. 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
Return is defined as the action of giving back the product purchased by the Buyer to the Seller on the Bestofplace website. Following situations may arise:
1. Product was defective
2. Product was damaged during the Shipping
3. Products was / were missing
4. Wrong Product was sent by the Seller.
Return could also result in refund of money in most of the cases.
Points to be noted:
1. Seller can always accept the return irrespective of the policy.
2. If Seller disagrees a return request, Buyer can file a dispute with Us.
We appeal the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong product, Buyer shall not be entitled to any return/refund.
Buyer need to raise the refund request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting us on Our Number, Seller while closing the return request can select one of the following:
1. Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it
2. Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding
3. Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back
4. Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back
5. On certain select days as specified by Bestofplace separate policies may be applicable.
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 request in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favour of the Buyer.
Shipping cost for returning the product shall be borne and incurred by the Seller.
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:
1. Seller can always accept the return irrespective of the policy.
2. If Seller disagrees for a return request, Buyer can file a dispute with Us.
Buyer need to raise the replacement request within 3 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting us on the Number provided on the Website, the following steps shall be followed:
1. Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
1. Product was damaged
2. Product was defective
3. Product was dead on Arrival
4. Product was missing
5. Wrong Product sent
2. An intimation shall be provided to Seller seeking either “approval” or “rejection” of the replacement request.
3. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the
product, Seller shall be obliged to provide the replacement product to the Buyer.
4. Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to email@example.com.
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
Buyers and Sellers may face issues. At Bestofplace, we will resolve disputes between Buyers and Sellers.
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller with regards to a transaction on the Website.
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.
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.
Whenever there is a disagreement, the Buyer or Seller can write to firstname.lastname@example.org in order to raise a dispute. Disputes can be raised at a particular transaction level.
Following are the indicative examples of potential disputes:
1. Wrong Product received by Buyer
2. Product is Not as per description
i. Damaged or Seal broken on Product
ii. Part/Accessory missing
iii. Product not Compatible
iv. Seller Description/Specification is Wrong
v. Defective (Functional issues)
vi. Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Bestofplace 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 not entitled to any refund.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Bestofplace. Bestofplace encourages its Users to be professional, courteous and respectful when communicating by email.
However, Bestofplace will investigate and can take action on certain types of unwanted emails that violate Bestofplace policies.
Threats of Bodily Harm – Bestofplace does not permit Users to send explicit threats of bodily harm.
Misuse of Bestofplace System – Bestofplace allows Users to facilitate transactions through the Bestofplace system, but will investigate any misuse of this service.
Spoof (Fake) email – Bestofplace 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) – Bestofplace’s spam policy applies only to unsolicited commercial messages sent by Bestofplace Users.
Bestofplace Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Bestofplace – Bestofplace prohibits email offers to buy or sell listed products outside of the Bestofplace Website.
Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Bestofplace 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:
1. Limits on account privileges
2. Account suspension
3. Cancellation of listings
4. Loss of special status
Bestofplace 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, Bestofplace assumes no responsibility for examining or evaluating the products and services offered by them. Bestofplace do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Bestofplace does not endorse, in any way, any third party website(s) or content thereof.