Terms

THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE SMAZING APP AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE SMAZING APP. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE SMAZING APP, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.

For the purpose of the present Terms of Sale, the following capitalized words or expressions shall have the following meanings as under:

(i) ‘Buyer’ means a User in these Terms of Sale who purchases various Products from the Seller (as defined below) on the Smazing App.

(ii) ‘Seller’ is referred to as an individual or any legal entity who lists, advertises, exhibits, offers to sell, make available, market, sale and deliver any Products to the Buyer through the Smazing App.

The Seller and Buyer are sometimes collectively referred to as the ‘User’. Any other capitalized term not defined herein but used in these Terms of Sale shall be subject to the same definition as set forth in the Terms of Use. 

2.1 These Terms of Sale, inter alia, the terms of offer for sale/ sale, acceptance of the offer for sale by the Buyer and the purchase of the Products through the Smazing App from the Seller.

2.2 These Terms of Sale also contain certain statements and disclaimers made by BrilVoice which is the operator/ administrator of the Smazing App platform and shall be binding on the Buyer and the Seller, as the case may be.

3.1. These Terms of Sale are subject to revision/ modification from time to time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Smazing App.

3.2. The User is expected to regularly visit the Smazing App to view the most current Terms of Sale. It shall be the responsibility of the User to check these Terms of Sale periodically for any changes/ revisions. 

3.3. The User may be asked to provide its specific consent to any updates in a specified manner before use of the Smazing App and related services.

3.4. In the event, no separate consent is sought from the User, the continuous use of the Smazing App by the User following such changes/ revisions/ modifications to the Smazing App or these Terms of Sale shall constitute deemed acceptance of the User to such changes/ revisions/ modifications.

4.1. The Smazing App which is operated/ managed/ administered by BrilVoice is an online platform which provides various Services including but not limited to the marketplace which enables the Buyers to purchase the Products offered on the Smazing App at the price indicated therein or any other service which is available for an offer on the Smazing App by the Sellers. Accordingly, the aforesaid transaction will be subject to a strict bipartite arrangement/ agreement between the Buyer for buying the Products listed on the Smazing App and Sellers offering/ selling the same.

4.2. That BrilVoice is only a facilitator and provides various Services to facilitate the engagement between the Buyers and the Sellers under commerce on the Smazing App such as provision of payment gateway services, maintenance of records and information, forwarding orders of the Products to the Sellers received from the Buyers etc. AND is not and cannot be a party to or control in any manner any transactions between the Buyer and the Seller on the Smazing App.

4.3. That BrilVoice neither recommends the User to buy or sell any Products on the Smazing App nor does BrilVoice endorses any such Products and nor does BrilVoice 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 Smazing App.

5.1 The Seller hereby makes an offer to sell the Products listed by Seller on the Smazing App and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is a bipartite contract between Buyer and the Seller. BrilVoice is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that BrilVoice has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with these Terms of Sale, Terms of Use, Privacy Policy or under any contract or policy between BrilVoice on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

6.1. The Platform allows only limited and restricted access to the Services for unregistered users.

6.2. In order to use the Platform, as part of the registration process, the User will have to create an account on the Platform (“User Account”), which can be done by the User entering its identifying information, its name, e-mail address and contact details and shipping address (collectively hereinafter “Login Credentials”). Users are solely responsible for maintaining the confidentiality of Login Credentials, and to the extent allowed by law, Users accept responsibility for all activities on User account authenticated through User’s Login Credentials, whether authorized or not. Each User agrees to keep User Login Credentials confidential and secure, and Users will not give or make Login Credentials available, directly, or indirectly, to any unauthorised individual. Users acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to Login Credentials, with or without permission, the User is authorising that person to use the Services, and User will be responsible for all transactions that result from such access, even if User did not want the transactions performed, and even if they are unauthorized or fraudulent. Smazing shall not be held liable in any manner whatsoever for lack of any such authorisation whilst creating the User Account.

6.3. While registering with Smazing to use the Platform, the User shall not:

6.3.1. create a User Account for anyone other than the User, unless such person's prior permission has been obtained;

6.3.2. use a User Account that is the name of another person with the intent to impersonate that person;

6.3.3. use a name for the User Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

6.3.4. create more than one User Account on the Platform.

6.4. Once registered, in order to log into the User Account on the Platform, the User will be required to provide the e-mail address and password used at the time of registration (“User Account Information”).

6.5. Once logged in, to facilitate the provision of Services to the User, the User will be required to provide Smazing with certain information, which shall include, inter alia, the type of business and industry of the User, Goods & Services Tax (GST) registration details, Know Your Customer details, details of the User Bank Account and the User’s address.

6.6. The User agrees that the information that it provides to Smazing at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. The User agrees that if it provides any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if Smazing has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Smazing shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide the User access to the Platform.

6.7. The User shall not transfer or share its User Account Information with anyone. The User is solely responsible for maintaining the confidentiality of the User Account Information and for all activities that occur under the User Account.

6.8. If there is reason to believe that there is likely to be a breach of security or misuse of the User Account, Smazing may request the User to change the password or Smazing may suspend access to the User Account without any liability to Smazing, for such period of time as we deem appropriate in the circumstances. Smazing shall not be liable for any loss or damage arising from the User’s failure to comply with this provision. In addition to the above, Smazing reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the User Account Information.

6.9. In no event and under no circumstances shall Smazing be held liable to the User for any liabilities or damages resulting from or arising out of the User’s use of the Platform, theft of the User Account Information, use of the User Account Information or release of the User Account Information to a third party or User’s authorisation to allow another person to access and use the Platform using the User Account.

6.10. The User understands that once it registers as a user on the Platform, the User may receive Short Message Service (SMS) messages, and phone calls from Smazing on its registered mobile number and the User may receive e-mails on its registered email address. These messages, e-mails and calls could relate to the User’s registration, transactions that the User carries out through the Platform and promotions that are undertaken by Smazing. The User, hereby, by way of accepting these Terms consents to the receipt of such communication from Smazing. The User shall indemnify Smazing for any liabilities including financial penalties, damages, reasonable expenses if the User’s mobile number is registered with Do Not Disturb (DND) database. If the User does not wish to receive communication from Smazing by way of e-mails, call or SMS notifications anymore, the User can send an email to support@smazing.world or call on Toll-Free number 1800 572 2494.

6.11. The User agrees to, (i) immediately notify Smazing of any misappropriation or unauthorised use of the User Account Information or any other breach of security; and (ii) ensure that it exits from the User Account at the end of each session. Smazing cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause. The User may be held liable for losses incurred by Smazing or any user or visitor of the Platform due to authorised or unauthorised use of the User’s User Account, as a result of the User’s failure in keeping its User Account Information confidential. 

6.12. The User upon being successfully registered with Smazing will be provided access to a dashboard (linked to the User Account) which shall contain details of all transactions undertaken by the User through the Platform

7.1 BrilVoice also respects the intellectual property rights of all entities. If the User believes that its intellectual property rights have been violated in any manner, the User may report to the designated Grievance Officer of BrilVoice, Mr. Raghunandan Subramanian, via e-mail support@smazing.world.  

7.2 The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct BrilVoice being the operator of the Smazing App to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to BrilVoice. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BrilVoice being the operator of Smazing App shall have the sole discretion to determine the mode of reversal from the above options.

7.3 With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:

o Seller has the right to sell the Products to the Buyer on or through the Smazing App;

o Buyer shall have and enjoy quiet possession of the Products;

o Products shall be free from any charge or encumbrance in favor of third party;

o Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;

o Product shall meet the description and specifications as provided on the Smazing App.

8.1 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 Smazing App 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 the Seller 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.

8.2 All prices are inclusive of GST and other applicable taxes (if any) unless stated otherwise.

9.1. 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 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 Smazing App and purchased by the Buyer and meet all descriptions and specifications as provided on the Smazing App.

9.2. Buyer's shipping address, pin code will be verified with the database of Smazing App 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.

9.3. The Buyer may 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 Smazing App. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.

9.4. 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 BrilVoice being the operator of Smazing App for any loss of any fee or charges that BrilVoice and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to BrilVoice and its third parties are not consequential or indirect.

9.5. 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.

10.1. Buyer's Product related complainant for refund or replacement will be processed in accordance with the Terms of Sale. Both Buyer and Seller agree to these Terms of Sale. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.

10.2. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.

10.3. 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 Smazing App or be intimated by the Seller at the time of purchase of the Product.

10.4. 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, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BrilVoice shall have the sole discretion to determine the mode of reversal from the above options.

10.5. Buyer agrees that if the returned Product is not accepted by the Seller then BrilVoice shall have the right to liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.

10.6. For the sake of convenience, the summarized version of the standard operating procedure (SoP) for returns/refunds is available at https://www.smazing.world/RefundProcess.

11.1 Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct BrilVoice being the operator of Smazing App to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to BrilVoice. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BrilVoice shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by BrilVoice is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of BrilVoice for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.

11.2 Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.

10.3 Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by BrilVoice in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes BrilVoice being the operator of Smazing App to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.

12.1 These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. The User acknowledges that these Terms of Sale are solely for its benefit. It is not for the benefit of any other person, except for the User successors and permitted assigns.

13.1 BRILVOICE's ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE SMAZING APP TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL BRILVOICE HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL BRILVOICE HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.

13.2 THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND BRILVOICE ON THE OTHER HAND.

13.3 BRILVOICE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE SMAZING APP OR ANY LINKED SITES. BRILVOICE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILITY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND BRILVOICE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. BRILVOICE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER. BRILVOICE RECOMMENDS THAT THE BUYER DOES NOT RELY SOLELY ON THE INFORMATION PROVIDED ON SMAZING APP. PLEASE ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PROVIDED WITH THE PRODUCT BEFORE USE. 

13.4 BRILVOICE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND BRILVOICE SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.

13.5 BrilVoice is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.

13.6 BrilVoice does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to BrilVoice. Prices, Product description and availability of the Product are Seller's responsibility.

13.7 Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and BrilVoice shall not in any manner be held liable for the same.

13.8 BrilVoice shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.

13.9 BrilVoice specifically disclaims any responsibility for any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data or goodwill and/or any indirect or consequential losses and/or any delay or failure to comply with its obligations (if any) under these terms if the delay or failure arises from any cause which is beyond its reasonable control. 

For any other queries, contact us on number 7039050217 or kindly email us at support@smazing.world, and we will get back to you. Keep Smazing!