Terms and Conditions

Please read these terms and conditions ("Terms") carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform ("Privacy Policy") and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and the Company (collectively "Agreement"). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

 

1. ABOUT THE TERMS

1.1 What is SBNL MART and who operates it?

1.      SBNL MART is an application which provides an online marketplace ("Application") where registered suppliers ("Suppliers") can offer to sell their products to registered Users of Application including to resellers ("Resellers").

2.      The Application and the website at www.hosbnl.com ("Website") (collectively, "Platform") are operated by Fashnear Technologies Private Limited ("Company").

3.      The Company’s role is limited to managing the Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the Suppliers and the Users ("Services").

4.      Services are not made available on the Website and to avail the same, Users are required to install the Application.

1.2 When are these Terms applicable and binding on User?

1.      The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons are referred to as users, which include without limitation users who are browsers, Suppliers, Resellers, merchants, other purchaser or contributors of content (collectively, "User").

2.      The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

 

1.3 Whether the terms of this Agreement can be modified?

1.      Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

 

1.      It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.

 

1.4 What if the terms of the Agreement are not acceptable to User?

1.      If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By the use of the Services, it is signified that the User agrees to abide by the terms of the Agreement (as updated from time to time).

 

2. PLACING ORDERS AND FINANCIAL TERMS

 

2.1 How does order placement work on the Platform?

1.      The Application allows Users to place orders for the products listed by Suppliers on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.

2.      On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by Supplier concerned, from time to time. Confirmation of the order by Supplier shall be treated as final.

3.      The Company does not own, sell or resell any products on its own and/or does not control the Suppliers and only facilitates the transaction between buyers and sellers including User and Supplier as a 'marketplace'. Company makes all reasonable efforts to promptly update the User’s account and other information to facilitate the transaction completion. Hence, Users are required to provide current, complete, and accurate purchase and account information for all purchases made at on the Application.

4.      Additionally, fulfilment of orders to their end users/consumers by a Reseller shall be the responsibility of the Reseller inter se such end user/consumer. Any add-on service provided by Platform towards such order shall be provided merely as a service provider of such Reseller by the Platform and accordingly, Platform shall not have any privity of contract with such end user/consumer.

 

2.2 How are the commercial terms fixed on Application?

1.      All commercial/contractual terms of sale are offered by Suppliers and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. Company 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 Suppliers and the Users.

2.      Similarly in case of deliveries effected by Resellers using the Platform, the Platform only acts as a service provider for the Reseller facilitating delivery or other service related to an order. Company does not have any control, nor does it determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Reseller and its end user/consumer.

3.      Policies related to returns/exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.

4.      The Company also reserves the right to withhold benefits such as COD payments, right to claim refunds from time to time at its sole discretion owing to internal reasons or external factors.

2.3 How does payment and settlement of payment work on the Platform?

1.      The Users acknowledge and agree that the Company may, at the request of the Supplier or the Reseller, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers and Resellers. The Users understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

2.      In connection with any order, information such as name,  transaction details, device type, Platform usage details, PAN number, payment details, billing address and credit card information and any other information in relation thereto may need to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application. In case of Reseller providing billing information, delivery address or other contact information of its end user/consumer to Company or other delivery service provider, Reseller shall ensure that it has necessary consents and approvals from the respective end user/consumer as may be required under applicable law.

3.      Company merely collects the payment on behalf of the Supplier or Reseller, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Supplier or Reseller. Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Reseller.

4.      The transaction is bilateral between Suppliers & Users and/or Reseller & end users/consumers ("User Transactions"), the Company is not liable to charge or deposit any taxes applicable on such transaction.

5.      The User may provide the bank account details to receive any refunds, margins, referrals and/or other payments which may be owed to the User by SBNL MART. While a User is permitted to update the bank account details, the following conditions will apply:

(a) the user cannot edit or update the bank account details if the bank details already provided are valid and there is no pending payment to the User from SBNL MART;

(b) the user cannot edit or update the bank account details if there is a pending transaction which is being processed to the existing bank account;

(c) the user cannot edit or update the bank account details if the new account number which is being inserted is already in use in another User’s account. The User can only attempt to edit or update the bank account details three times in a day. If the User fails to update the bank account within three attempts, the User will have to wait for 24 hours to attempt to update the bank account details again. SBNL MART may also designate a total number of edits or updates a User can carry out to the bank account details in the lifetime of the account holder.

 

6.      In the event that: (a) a User has breached the total limit to edit or update the bank account details and (b) the same bank account is used for more than ten platform accounts, the User will have to contact the customer support in order to update the bank account details again. SBNL MART reserves the right to change this policy on editing and updating the bank account at its sole discretion.

7.     SBNL MART reserves the right to block cash on delivery (COD_ payments from time to time at its sole discretion for reasons including but not limited to high product value and other such other reasons or factors ( internal or external) that SBNL MART may deem fit.

2.4 Whether Company charges User(s) for Services provided by Company on the Platform?

1.      Services on Platform may require payment of charges, rate of which shall be solely at the discretion of the Company and shall be subject to User approval at the time of placing an order on the Platform. Company reserves the right to revise charges towards Service at any time at its sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of purchase/booking of the respective Service (if any) by User on the Platform.

2.      Company reserves the right to introduce additional chargeable services on the Platform including charges for a premium return service, cancellation charges, cash on delivery handling fees etc.

2.5 Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations ("GST Laws")?

1.      Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User including Reseller, the Company is not liable for any omissions or commissions by such User who acts in violation of the any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction through Platform including whether it is liable for GST registration.

 

2.6(A) What are the terms and conditions regarding the offers and benefits provided on the Platform and advertised by SBNL MART?

 

a.        Subject to below and unless otherwise mentioned, all product discounts and offers are by the Suppliers and not by the Company (“Supplier Offers”).

 

b.        From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our platform (“SBNL MART Offers”). 

 

c.         SBNL MART Offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

 

d.        We reserve the right to make these offer available for a limited time period and to void, amend, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers, including any aspect or feature of such offers at any time without any prior intimation.

 

e.        We reserve the right to vary the timing and dates of the offer; the number and category of products available for offer, at any time, subject to our absolute discretion.

 

f.    The offers, discounts and promotional offers may be changed or amended from time to time.

g.        We reserve the right to make certain offers valid for limited inventory and subject to availability of product at the time of booking.

h.        Certain offers may apply only to products covered under such promotional offers. It will not be applicable to the same or similar products sold by the same Supplier or other Suppliers but not covered under offers. These offers will operate on SBNL MART discretion on first-come-first served basis. Once the offer product stocks are over, you may purchase the same product on the platform outside the promotional offers available.

i.      SBNL MART at its own discretion reserve the right to cancel your option to return or exchange any product purchased under offers and discounts.

j.      It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on our platform.

k.             Any of the offers, discounts or promotional offers may not be valid when used in conjunction with other promotional offers or vouchers unless explicitly permitted by us or the Supplier.

l.      The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.

m.      Certain offers, discounts and promotions offered such as first order discount, reactivation discount etc., may be applied at the cart level and in the event that multiple products are purchased in a single transaction, then such offer, discount, promotion may be divided and applied to each product in the cart, in a manner determined by us. 

n.        Subject to SBNL MART Cancellation and/or Return, Refund and Replacement policy, if the User: (i) cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product. 

o.        In the event, any product is cancelled or returned in accordance with SBNL MART Cancellation and/or Return, Refund and Replacement Policy, then save and except as provided herein,  any offer, promotion, discount applied to such product shall be forfeited.

p.        We and/or the Supplier shall have no liability with respect to the offers, discounts and promotional offers on the Platform.

2.6(B) What are the terms and conditions regarding the Supplier Offers?

a.        Such offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

b.        We reserve the right to make the offer available for a limited time period and to void, amend, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers, including any aspect or feature of such offers at any time without any prior intimation.

c.         We reserve the right to vary the timing and dates of the offer; the number and category of products available for offer, at any time, subject to our absolute discretion.

d.        The offers, discounts and promotional offers may be changed or amended from time to time.

e.        We reserve the right to make certain offers valid for limited inventory and subject to availability of product at the time of booking.

f.     Certain offers may apply only to products covered under such promotional offers. It will not be applicable to the same or similar products sold by the same Supplier or other Suppliers but not covered under offers. These offers will operate on SBNL MART discretion on first-come-first served basis. Once the offer product stocks are over, you may purchase the same product on the platform outside the promotional offers available.

g.      SBNL MART at its own discretion reserve the right to cancel your option to return or exchange any product purchased under offers and discounts.

h.        It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on our platform.

i.     Any of the offers, discounts or promotional offers may not be valid when used in conjunction with other promotional offers or vouchers unless explicitly permitted by us or the Supplier.

j.      The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.

k.            Certain offers, discounts and promotions offered such as first order discount, reactivation discount etc., may be applied at the cart level and in the event that multiple products are purchased in a single transaction, then such offer, discount, promotion may be divided and applied to each product in the cart, in a manner determined by us. 

l.      Subject to SBNL MART Cancellation and/or Return, Refund and Replacement policy, if the User:

(i) cancels any product which is subject to any promotions, offer or discounts; or

(ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product. 

m.      In the event, any product is cancelled or returned in accordance with SBNL MART Cancellation and/or Return, Refund and Replacement Policy, then save and except as provided herein,  any offer, promotion, discount applied to such product shall be forfeited.

n.        We and/or the Supplier shall have no liability with respect to the offers, discounts and promotional offers on the Platform.

 

3. USE OF THE PLATFORM

3.1 Can User access and use the Platform at any time or could there be any limitations?

1.      Company endeavours to make the Application available 24X7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

2.      Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

3.      Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

4.      Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an 'as is' and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

5.      Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

3.2 Does the Company guarantee performance of the agreement or other arrangements inter se between User(s) or otherwise in respect of products on Platform?

1.      Company, through Platform, is a mere facilitator of the transaction including between Supplier and User and is not responsible for any non-performance or breach of any contract entered into towards User Transactions. The Company cannot and does not guarantee that the concerned Suppliers will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned including with any other third party.

2.      The Company does not represent any of the Users or the Suppliers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Suppliers or Users displayed on the Platform.

3.      The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any misuse of information shared by Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.

4.      Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning .  property and it cannot, by any means, verify that any Supplier or Reseller selling or supplying merchandise on/through the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third-party rights.

5.      Company does not at any point of time during any transaction between any Supplier and a User take possession of any product offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products, nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

4. LISTING AND SELLING

 

4.1 As Supplier, in addition to this Agreement, what other terms is a User required to abide by?

1.      Suppliers, in addition to this Agreement are also bound by applicable laws of India, including without limitation, the following laws:

1.      The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);

2.      Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);

3.      The Consumer Protection (E-Commerce) Rules, 2020;

4.      Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).

2.      As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Suppliers shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.

4.2 When can the Suppliers get their products listed?

1.      Suppliers are permitted to list products for sale on the Application in accordance with the terms mentioned in this Agreement and any other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail.

2.      By listing its products on the Platform, the Suppliers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. For clarity Suppliers shall refrain from using any third party's images available over any social media without such owner's consent. Suppliers and Users agree that the Company is not responsible for the breach of the same.

5. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS

 

5.1 What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?

1.      Company collects various types of information, some information is non-personal information and some is personal information.

2.      All information about Users that are collected, stored, or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.

3.      For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.

 

5.2 Does the Company use Third Party tools on Platform?

1.      The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control over. User acknowledges and agrees that access to such tools is on an 'as is' and 'as available' basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

2.      Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).

3.      The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third-party websites should be directed to the third-party.

5.3 Does Company use third-party links or third-party tools on Platform? Are these links and tools accurate and secure?

1.      Certain content or products available via the Platform may include materials from third parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

2.      Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third-party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

6. COMMUNICATION

6.1 How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

     All queries, concerns or questions about the Agreement should be sent to Company at legalsupport    [email protected]. 

6.2     Consumer Protection Compliance

 In accordance with the Consumer Protection (E-Commerce) Rules, 2020, please find the required details:

 Legal name of the e-commerce entity: SBNL MART

Address: sahodra bai rai ward bina by pass road khurai distt sagar m.p. 470117

Website: https://www.hosbnl.com/

Email Address: [email protected]

6.3 In case of a call from a person asking for access to User account registered with Company, what should User do?

Company urges the Users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from [email protected]. Please see our Anti Phishing communication available on the Platform.

6.4 Can User disclose its communication through calls with the Company to third parties?

     All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.

 

7. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

7.1 This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Khurai, India.

7.2  Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

7.3   The failure of Company to exercise or enforce any right or provision of this Agreement   shall not constitute a waiver of such right or provision.

7.4   Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User's sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.

7.5 Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.