Terms of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the www.shopmet.com (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future www.shopmet.com service (eg: Wishlist or Marketplace), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

2. Our Contract
  • Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
  • Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
  • You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
  • Please note that we sell products only in quantities which correspond to the typical needs of an average household. 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 typical for a normal household.
3.Delivery of the Product
  • There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller, Courier Partner (Except when delivery facility is not provided by the seller) and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
  • Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
  • Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
  • Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Shopmet for any loss of any fee or charges that Shopmet shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Shopmet is not consequential or indirect.
  • The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
4. Returns Policy
  • Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
  • The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
  • In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, orto the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the buyer. Shopmet shall have the sole discretion to determine the mode of reversal from the above options.
  • Buyer agrees that if the returned Product is not accepted by the Seller then Shopmet shall have the right 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 the Seller) to any third party to whom those Products are sold.
  • Two type of returns available
    • RTO (Return to origin)
      It means when the courier partner is not able to deliver the shipment due to non-availability of the buyer and hence sends it back to the warehouse of the shipper. There are lots of reasons why the shipment cannot be delivered to the doorstep, such as the buyer is not present, location is not found, and no responds from buyer, about the same and returns back the item to seller. In this we don’t charge any fee of shipment from the seller.
    • Customer return
      This is the order which is the returned by the customer for some reasons like customer is not satisfied with the quality or product damaged, wrong product deliver, and product is not same when buyer receive our ordered product. If the item is returned due to seller’s fault then we charge the shipping fee from the seller for each order.
  • All the detailed structure of product’s policy provided by the seller is mentioned on our return policy.
5. Pricing and availability
  • We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
  • The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by us (SHOPMET) at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
  • All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
6. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
7. Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.
8. Children
Use of www.shopmet.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
9. Communications
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
10. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
11.Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for your benefit. It is not for the benefit of any other person, except for your successors and permitted assigns.

Shopmet 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.shopmet.com website.
  • The domain name www.shopmet.com (hereinafter referred to as "Website") is owned by ASAM Shopmet Private Limited a company incorporated under the Companies Act, 2013 with its registered office at House No L-1/183 VINEET G.N. LKO LUCKNOW 226010 UTTAR PRADESH, India (hereinafter referred to as "Shopmet").
  • 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 ASAM Shopmet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Shopmet
  • 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. Shopmet allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean ASAM Shopmet 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 Shopmet Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
1.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 Shopmet 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.
  • Shopmet reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Shopmet's notice or if it is discovered that you are under the age of 18 years.
2.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.
  • Registered users: Shopmet makes certain sections of the Services available to you through the Website only if You have provided Shopmet certain required User information and created an account and a Shopmet ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Shopmet ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
  • Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
  • Depending upon whether you are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Shopmet may collect certain personal information. Your provision of, and Shopmet's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Shopmet's privacy policy.
2.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.
3.Platform for Transaction and Communication

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

Henceforward:

  • 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. Shopmet 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 Shopmet.
  • 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.
  • Shopmet 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. Shopmet does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Shopmet accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4.User Obligation & Role Of Shopmet
  • Subject to compliance with the Agreement(s), Shopmet grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that your access on the Website in accordance with clause 7.
  • You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Shopmet. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, you may report such content in the manner prescribed under clause 14 herein.
  • The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Shopmet using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Shopmet does not endorse any User Content on the Website and is not responsible or liable for any User Content. Shopmet reserve the right to disable access to the User Content on the Website.
  • You hereby grant Shopmet a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  • You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Shopmet is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website.
  • Shopmet is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between you and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Shopmet neither recommends You to buy or sell any Products on the Website nor does Shopmet endorses any such Products and nor does Shopmet provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Shopmet does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
  • When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
    • Belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    • harms minors in any way;
    • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Shopmet server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • 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 may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Shopmet, including any Shopmet Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shopmet or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • violate any applicable laws or regulations for the time being in force within or outside India;
    • violate the terms of the Agreement.
  • You agree that you are solely responsible to Shopmet for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Shopmet or its affiliates or its vendors may suffer) for any such breach.
  • Shopmet does not pre-screen User Content. Shopmet has no obligation to monitor any User Content. However, Shopmet at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Shopmet determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Shopmet removes any User Content from the Website, Shopmet will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negates or dilute Shopmet's position as an intermediary or impose any liability on Shopmet with respect to User Content.
  • You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
  • You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  • You may need to install updates that we are introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  • Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Shopmet reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Shopmet as per certain criteria. Any rewards or benefits provided by Shopmet and used by you for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Shopmet for the purpose of identifying 'Bulk Order', including but not limited to:
    • Products ordered for commercial resale and not for self-consumption;
    • Multiple orders placed for same product at the same address;
    • Bulk quantity of the same product ordered;
    • Invalid address given in order details; or
    • Any malpractice used to place the order.
  • There may be certain orders that Shopmet is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Shopmet's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
  • In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by you.
5.Intellectual Property Rights
  • The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Shopmet or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. Shopmet reserves the right to change or modify the Content from time to time at its sole discretion.
  • The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Shopmet or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Shopmet, the vendor/seller or the third party that may own the Marks.
  • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Shopmet owns all intellectual property rights to and into the trademark "Shopmet", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Shopmet or thirty party owner of such Content.
  • General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Shopmet may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Shopmet shall not be held liable for any loss suffered by you based on Your reliance on or use of such Third Party Content.
  • In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Shopmet makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
6.Indemnification & Limitation Of Liability
  • You agree to indemnify, defend and hold harmless Shopmet, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
  • Shopmet may notify you of any claims which You shall be liable to indemnify Shopmet against. You will then be required to consult with Shopmet regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Shopmet without the express prior written consent of Shopmet which can be withheld or denied or conditioned by Shopmet in its sole discretion.
  • Notwithstanding anything to contrary in the Agreement(s), Shopmet's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Shopmet under the relevant order to which the cause of action for the liability relates.
  • Notwithstanding anything to contrary in the Agreement(s), in no event shall Shopmet, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Shopmet has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
7.Terms
  • The Agreement will continue to apply until terminated by either you or Shopmet as set forth below. If you want to terminate your agreement with Shopmet, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Shopmet has made this option available to You.
  • You agree that Shopmet may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Shopmet determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to Shopmet, for which monetary damages may be inadequate, and You consent to Shopmet obtaining any injunctive or equitable relief that Shopmet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Shopmet may have at law or in equity.
  • In addition to mentioned point above, Shopmet may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
    • Shopmet is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
    • The provision of the Services to You by Shopmet is, in Shopmet's opinion, no longer commercially viable;
    • Shopmet has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
    • In the event Shopmet faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
  • Shopmet may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
  • You agree that all terminations shall be made in Shopmet's sole discretion and that Shopmet shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
  • Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Shopmet chooses to terminate them. Shopmet may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Shopmet may also cancel all your non-fulfilled orders on the Website without any obligation or liability towards You.
8.Governing Law & Jurisdiction
  • These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Shopmet shall be governed in accordance with the laws of India without reference to conflict of laws principles.
  • You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Shopmet shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
9.Report Abuse & Take DownPolicy
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Shopmet. Report and Take Down Policy available at www.snapdeal.com under "Policy Info" section.
10.General Regulations
  • Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party. Shopmet's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Shopmet to any third parties without the requirement of seeking Your prior consent. Shopmet may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement. Shopmet shall have right to transfer Your Account and Account Information to a third party who purchases Shopmet's business as conducted under the Website.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Shopmet may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  • Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • Principal to Principal Relationship: You and Shopmet are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Shopmet. As an abundant caution, it is clarified that Shopmet shall not have any right to conclude any contract for sale or purchase of Products for and / or on your behalf and both you and Shopmet have entered this agreement on principal to principal basis.
  • Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Shopmet is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Shopmet or its third parties performing such services as sub-contractor to Shopmet and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Shopmet shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Shopmet shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
11.Feedback & Information
  • Any feedback you provide to this Website shall be deemed to be non-confidential. Shopmet shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Shopmet is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Shopmet may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Shopmet for the feedback under any circumstances.
  • To clarify, Shopmet may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Shopmet shall not be obliged to do so. Further, in the event that Shopmet makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Shopmet, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.