These terms and conditions govern your use of the marketplace e-commerce website namely https://sabaiart.com and mobile application, Sabai Art, of SabaiArt (collectively referred to as ‘Platform’). Sabai Art is a brand owned, operated, and managed by Zephyr Infotech Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 and having its registered office at 240, Bigrabagh, Khatima, Udham Singh Nagar, Uttarakhand, INDIA – 262308 (hereinafter collectively referred to as the (“Company”, “Us”, “We”, “Sabai Art”).
By accessing or visiting this website, or by using the platform, you acknowledge that you have read, understood, and agree to be lawfully bound by the contents of these terms & conditions. Except as otherwise specified, these terms and conditions do not apply to third-party products or services, which shall be governed by their own terms of service.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
- In using/accessing the Platform, you are deemed to have accepted the terms and conditions listed below and we reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions from time to time (“Terms”). These Terms constitute a legally binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Sabai Art on the other part;
- If you do not agree with all the Terms, then you are expressly prohibited from using the Platform and you must discontinue use immediately; &
- We do not permit children i.e. persons below the age of 18 years to use our platform without their parent or guardian’s consent or supervision.
- All donations become the property of the organization (Sabai Art) at the time of placing the order and are non-refundable unless otherwise specifically provided in the terms & conditions of the agreement and customers are not entitled to the 80G Certificate.
- USER REPRESENTATIONS
- The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the applicable law(s) and thereby can register on the Platform. As mentioned above, we do not permit children i.e. persons below the age of 18 years to use our platform without their parent or guardian’s consent or supervision;
- The User shall ensure that the registration-related information provided by him/her on the Platform is accurate, complete, and true. Further, if we suspect that the information provided by the User at any time is untrue, inaccurate, or not in accordance with these Terms, the Company shall have the right to suspend, terminate or block his/her access to the Platform;
- The User shall remain solely responsible for maintaining the confidentiality of his/her registration information and will be liable for all activities and transactions conducted through the User’s account if provided. The Company shall not be liable for any third party claim with respect to any loss that the User may incur as a result of someone else using the User’s password or Account, either with or without User’s knowledge; &
- The User can only use the Platform for his/her own legitimate, legal use, and neither will the User attempt to decipher, decompile, disassemble, hack, or reverse engineer any part of the Platform, nor assist someone else in doing so.
- PERSONAL DATA
- REPRESENTATION AND WARRANTIES
- We have established an adequate grievance redressal mechanism and have appointed a grievance officer (“Gunjan Jindal Poddar”) for consumer grievance redressal, who shall acknowledge the receipt of any customer complaint within 48 (forty-eight) hours and will redress the complaint within 1 (one) month from the date of receipt of the complaint.
- As a marketplace e-commerce entity, we do not impose any cancellation charges on consumers canceling after confirming their purchase unless similar charges are also borne by us or our sellers if they cancel the purchase order unilaterally for any reason.
- As a marketplace e-commerce entity, we shall only record the consent of a customer for the purchase of any goods or services offered on our platform, where such consent is expressed through explicit and affirmative action.
- We shall effect all payments towards accepted refund requests of the consumers as prescribed by the Reserve Bank of India or any other competent authority under any law or the time being in force, within a reasonable period of time, or as prescribed under applicable laws.
- As an e-commerce entity, we do not:
- manipulate the price of the goods or services offered on our platform in such a manner as to gain unreasonable profit by imposing on users any unjustified price having regard to the prevailing market conditions, the essential nature of the goods or services, any extraordinary circumstances under which the goods or services are offered, and any other relevant consideration in determining whether the price charged is justified; and
- discriminate between the users of the same class or make any arbitrary classification of users affecting their rights.
- USER RESTRICTIONS
As a user of the platform, you agree not to:
- upload, modify, or share any information that is misleading, harmful, unlawful, threatening, harassing, defamatory, obscene, pornographic, hateful, or objectionable in any manner;
- retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- collect usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails, building user accounts under false pretenses, etc.
- use the Platform to advertise or offer to sell goods or services, unless so authorized by Us;
- engage in unauthorized framing of or linking to the Platform;
- mislead or defraud us and other users, especially in any attempt to learn sensitive information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct
- interfere with, disrupt, or create an undue burden on the platform or the networks or services connected to the platform;
- attempt to impersonate another user or person or use the username of another user;
- attempt to obtain unauthorized access to the Platform;
- impersonate another person;
- breach any applicable laws for the time being in force;
- sell or otherwise transfer your account;
- use any information obtained from the platform in order to harass, abuse, or harm another person;
- use the platform as part of any effort to compete with us or otherwise use the platform and/or the content for any revenue-generating endeavor or commercial enterprise;
- upload or transmit (or attempt to upload or transmit) viruses, trojan horses, or other material that interrupts, alters, destroys, or limits the functionality of the platform or any part of the platform;
- harass, annoy, intimidate, or threaten any of our employees or agents; or
- use the Platform or any part of the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity that violates the rights, including but not limited to intellectual property rights of Sabai Art or others.
- WEBSITE FEEDBACK & USER CONTENT
On the platform, we will provide a place(s) for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have a first-hand experience with the product you are reviewing;
- Your review should not contain offensive profanity, abusive, racist, or hate language;
- Your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- Your review should not contain references to illegal activity;
- You should not be affiliated with the competitors if posting negative reviews;
- You should not post any false or misleading statements;
- You may not organize a campaign (whether financial or not) encouraging others to post reviews, whether positive or negative.
- INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise stated, We shall own all right, title and interest, including all related intellectual property rights like source code, databases, software, applications, audio, text, images, graphics, trademarks, service marks, etc.
- Third party trademarks may appear on this Platform and all rights therein are reserved to be registered owners of those trademarks. For use of any third party’s intellectual property, User needs to get permission directly from the owner of the intellectual property for any use.
- The Terms do not constitute a sale and do not convey to the User any rights of ownership in or related to the Platform or the goods or services, or any intellectual property rights owned by the Company. The User shall be solely responsible for any violations of any laws and for any infringement of any intellectual property rights.
- TERM AND TERMINATION
These Terms are effective unless and until terminated by either You or Us. It shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty contained in these Terms or any applicable law or regulation. We may terminate your use or participation in the platform or delete any content or information that you may have posted at any time and in our sole discretion. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive action(s).
We may facilitate and allow third-party advertisers to display their advertisements and other information on our platform (“Third Party Advertisers”). Any issues or concerns faced by the user with respect to the advertisements will need to be taken up by the user directly with the relevant third-party advertiser. We will have no liability with respect to the acts, omissions, errors, representations, warranties, or negligence on any part of any third-party advertisers. We disclaim any and all liability arising out of Third Party Advertisers’ advertisements on the Platform. Do note that we simply provide the space to place such advertisements, and we have no other relationship with the third-party advertisers.
We accept the following forms of payment: Visa, Mastercard, Net banking, Cash on delivery, Rupay
For all transactions made via the platform, you agree to provide present, full, and correct payment and account details. You will agree to keep your account and payment records up to date, including your email address and payment card expiration date, if applicable.
- CASH ON DELIVERY
At this time we don’t accept any cash on delivery order requests.
You have now the Paid on Delivery option available and order without any hesitation because we are a trusted and authentic platform.
- CANCELLATION POLICY
The User can cancel the order at any time before the delivery of the products, within 24 hours of placing the order and the refund shall be initiated as per the Refund Policy as stated in the succeeding clause. The User shall make sure that he/she does not accept the order, in case a delivery attempt is made for a canceled order.
- RETURN, REPLACEMENT & REFUND POLICY
- Returns Policy: At this time we are not offering any return policy with our products. You can replace them instead:
If you are confused about the quality then you can order our test products for one time use and then order the main product which you want.
- Replacements Policy
Replacements will be allowed in all products available on the SabaiArt.com platform. In case of such product(s), if the user wishes to replace the product(s) with respect to the color, quality, size, making, etc., then the product(s) can be replaced. However, replacements are subject to availability of the particular product and are at the sole discretion of the Company. If the product is not replaced, then it shall be refunded.
Note: We shall process the refund only once we have received the confirmation from the vendor concerned in respect of the contents of the product relating to that refund.
- Refund Policy
Refunds shall be processed in the mode and manner prescribed below:
- We are not offering any refunds or return at this time.
- In any case you are confused about the quality then you can order our testing products and then buy the main product.
- We wish to increase our capabilities to serve return and refund policies in the future.
- Returns Policy: At this time we are not offering any return policy with our products. You can replace them instead:
- SHIPPING POLICY
We currently deliver across India to all metros and major non-metro cities. We have tied up with a reliable logistics partner that ensures reliable delivery of all products across cities. We try our very best to ensure that there are no delays in shipments, but sometimes it’s beyond our control.
GENERAL SHIPPING TIMELINES • The seller generally packs the product ordered within 2 business days. In case the product is a mode of order, the timelines for getting the product ready are mentioned on the website • Our logistics partners are notified once the vendor has your product ready for dispatch. They pick up the product from the seller and dispatch it to the customer’s location. The general timeline for delivery post-pickup is 10-15 days. • Our operations are live across all business days (except Sundays and National Holidays) For any product-related issues during delivery, you can contact us at email@example.com and we shall revert to you within 24 hours.
The User agrees to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, vendors, users, etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs, expenses, attorney’s fees or other losses arising out of or in connection with any claim, suit action, or other proceeding brought against the Indemnified Parties.
- It is expressly made clear to you that Sabai Art does not manufacture any of the products that are listed on this platform.
- The user understands, agrees, and acknowledges that Sabai Art is an intermediary and online e-commerce marketplace. The ‘contract for sale’ of the products, if any, shall be a bipartite contract between the user and sellers enlisted on the platform.
- Any claim that the User may have with respect to the quality, appearance, nature, consumption, usage, or any other attribute(s) of the products shall be pursued by the User directly with the seller and Sabai Art shall not be made a party to any such claim. User hereby waives any claim and releases Sabai Art from and against any and all liabilities, losses, claims, and damages that may arise out of or in connection with the disclaimer as mentioned in the succeeding clause.
The Platform is provided on an as-is and as-available basis. You understand and agree that your use of the platform-based services is at your own risk. We disclaim all warranties, express or implied, in connection with the Platform and Your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the contents linked to this Platform and we will assume no liability or responsibility for any:
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform or the third-party sellers’ products provided therein;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Platform, &
- Any error(s) or omission(s) in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
- DISPUTE RESOLUTION
These Terms and any disputes arising hereunder shall be determined in accordance with the laws of India. If any dispute arises between the parties in connection with these Terms, then the courts of New Delhi, India, shall have exclusive jurisdiction.
- CONTACT ADDRESS
For any issues regarding the products and Sabai Art, you can contact us at the below-mentioned address and contact details
Business Address: 240, Bigrabagh, Khatima, Udham Singh Nagar, Uttarakhand, INDIA – 262308
Contact Number: +91 8077729151
- Sale & Coupon Usage
- Code is applicable sitewide
- Code is valid till the offer.
- Multiple coupon/discount codes cannot be used in a single transaction
- Code is valid only on the purchase of Rs. 999 & above
- Maximum discount is limited to Rs. 5000 on each order
These Terms and Conditions are in compliance with the Consumer Protection (E-Commerce) Rules, 2020, as applicable to a marketplace e-commerce entity.