By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not agree with these terms, you cannot use the services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to “you”, “your” or “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, and “we”, “us” and “our” shall mean Blinkshop (www.blinkshop.in) and its affiliates.
Please note that we offer the Services “AS IS” and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
1.1 Welcome to www.blinkshop.in (the ‘Website’). Blinkshop is an Internet based content and an e-commerce platform that enables users to purchase merchandise such as home furnishing and furniture (collectively, “Products”) from Blinkshop or other third party vendors (collectively, “Vendors”).
1.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Blinkshop owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to www.blinkshop.com without obtaining authorization from Blinkshop.
2.1 You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Blinkshop that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
2.2 If you represent and are registering as a business entity, by accepting this Agreement you represent and warrant that such entity has sufficient authority under applicable law to enter into this Agreement and that you have the right, authority and capacity to bind the business entity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
3. TERMS OF PURCHASE
3.1 You agree to pay all fees and costs incurred in connection with your purchases, orders including taxes as applicable. The final charges for your order may differ from those depicted on the Website and in case of such differences in the quoted charges; Blinkshop shall have exclusive right to decide upon the final charges to be paid for the respective purchases/transactions.
4. USE OF SERVICE BY USER
4.1 You must create / register an online account with us if you desire to utilize certain online facilities provided through our Website. You shall provide accurate information in the account and we shall not be responsible for the data maintained in the account.
4.3 You are responsible to keep the password confidential and immediately notify us if you suspect any unauthorized use of your email address or any breach of security, or if any unauthorized third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorized to act as your agent for the purposes of using the Services on our Website. You are entirely responsible to maintain the confidentiality of your password.
4.4 You may also be able to register to use the Services of the Website by logging into your account with your credentials from certain third party social networking sites. You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
4.5 We request all accounts to be registered with a regularly accessed, valid personal e-mail address, so that we can communicate with you. We reserve the right to close without any prior notice, any accounts which have been registered with third parties e-mail address or with temporary e-mail addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address.
4.6 By creating an account, you agree to receive certain communications from us, including, but not limited to, order confirmations, notifications and cancellations. Such communications shall be via phone, mobile phone, e-mail or other method as determined by us.
5. RIGHTS OF BLINKSHOP
5.1 We reserve the rights to decline any new registration or to cancel any existing registration at any time without giving prior notice to the User. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
5.2 We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing merchandise from any Vendors and their Goods or Services.
6. PAYMENT TERMS AND REFUND POLICY
6.1 All fees/costs shall be quoted in Indian Rupees and shall be payable to (BLINK). You shall disburse the payment against your purchase by any of the prescribed methods of payment, Net Banking, Debit/Credit Card or any other mode as prescribed on the Website. The terms of payments are subject to change from time to time without prior notice.
6.2 While availing any of the payment methods available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s
6.3 Before initiation of shipping / delivering your order, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
6.4 In case of any non-payment, we reserve the right to issue a warning or temporarily/ indefinitely suspend or terminate your account with the Website and disallow access to the Website. We also reserves the right to take essential legal action against you in case of any non- payment of costs/fees for which you are liable.
7. REFUND & CANCELLATION POLICY
7.1 Refund will be provided only in case the replacement for the same product is not available. In case of refund, the order amount will be credited to you within 10 working days from the day of initiating the refund.
7.2 You can cancel an order within 48 hours of placing an order. Request for cancellation of order once processed shall not be entertained.
8. DISCLAIMER TOWARDS EXACTNESS
We try our best to deliver products exactly the way they appear on the website. However, we hereby disclaim any guarantees of exactness of the finish or appearance of the final product ordered by you over and above generally acceptable standards on the same. The quality of any products, colour, size, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. If the Product is damaged you shall notify at the time of receiving the Product. In such cases, arrangements will be made to collect the Product after an inspection. The goods may be replaced or returned to address the issue. In case if a Product is returned, the value of such Product, as originally paid by you will be refunded to you excluding the delivery charges, provided goods are be in their original, sealed factory wrapping, tags attached and be in sanitary condition, clean and free of tears, burns and stains of any kind. Refund will be processed based on your mode of payment chosen at the time of placing the order. You agree that Blinkshop shall have exclusive right to decide upon whether a Product has been significantly damaged for an exchange.
9. VOUCHERS, PROMOTIONS AND DISCOUNTS
9.1 We may from time to time offer vouchers, discounts, promotions or gift cards to our members free of charge or for value.
9.2 Any vouchers, discounts, promotions or gift cards offered through the Website cannot be redeemed or refunded for cash with us or use can be used beyond their respective expiry dates.
9.3 You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using our Website. We shall not responsible for any loss or damage of any vouchers, promotions or gift cards and shall not have any obligation to replace them.
9.4 We have no obligation to redeem any vouchers, discounts, promotions or gift cards which appear to our opinion has been tampered with or forged.
10. USER SUBMISSIONS
10.1 Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, feedback and suggestions (collectively “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name / username that you submit, in connection with such review, comment, feedback or other content. We may, but shall not be obligated to, remove or edit any Submissions.
10.2 As per these Terms, you are solely responsible for every material or content uploaded on to the Website. User Submissions do not reflect the opinion of Blinkshop. We do not review the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. You can be held legally liable for the contents and may be held legally accountable if your contents or material include, for example, defamatory comments or material protected by copyright, trademark etc.
11. USE OF CONTENT
11.1 All of the Content available at www.blinkshop.com is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Blinkshop’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Blinkshop nor its suppliers not any vendors grant you any express or implied rights, and all rights in the Site and the Services not expressly granted to you are retained by Blinkshop.
12. WARRANTIES, REPRESENTATIONS AND LIMITATIONS
12.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of Services or Services offered or purchased through the Site and/or the Services. We provide the site and the Services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choice. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Services. Except as expressly set forth herein, Blinkshop make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information. Blinkshop does not warrant that the site or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, software or site are free of computer viruses, contaminants or other harmful items.
12.2 Our endeavors to ensure that all the information on the website is correct, but we do not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to any invalidity of any kind. We accept no liability for any errors or omissions, with respect to any information provided to you by us or on behalf of third parties.
12.3 We shall not be liable for any unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. The items listed on Blinkshop are offered only for a restricted time and only for the available supplies.
12.4 You agree and acknowledge that Blinkshop is only a platform which facilitates the purchases of the products offered by the Vendors to you. Thus you understand and agree that Blinkshop is not a part of any transaction between you and the Vendors and in case of any dispute related to the ordered products shall be solely between you and the respective Vendor and you, Blinkshop shall not be a party to a dispute related to the products or payments thereto. Blinkshop does not guarantee or provide any warranties relating to the third party Vendors or the products offered by them.
12.5 We shall not be liable for any kind of legal issues between user using the service and third party vendor for lack of services, quality or any legal issue.
13. LINKS TO THIRD PARTY WEBSITES
13.1 The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse any advertisement, products or other materials available on these websites or the Services and Services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
15. RESERVATION OF RIGHTS
15.1 We reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Website, its content, and Services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making Services available to you and you will have no rights to make any commercial uses of our Website or service without our prior written consent.
16.2 We use procedural and technological security measures that are designed to safeguard your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration or destruction. We may use encryption, password protection, and other security measures to help prevent unauthorized access to your Personally Identifiable Information.
16.3 We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We will keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
16.4 You can visit the Website and browse without having to provide personal details and during your visit to the Website you remain anonymous.
16.5 None of the information we gather can be used by the public (visitors, other members, and anyone not employed by Blinkshop or its affiliates) to identify a specific individual.
16.6 We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by using our Services or by filling out a form or survey.
16.7 We do not sell, rent, share, trade or give away any of your private information without your permission except to the financial institution that processes your credit card transactions. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
18. YOUR PERSONAL INFORMATION
19. USER CONDUCT & RULES
19.1 You agree and undertake to use the website strictly abiding by the following principles:
ii. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
iii. You will not promote or try to gain unauthorized access or exceed the scope of authorized access to Blinkshop and its connected network
iv. You will not attempt to gain unauthorized access to any portion or feature of Blinkshop website, or any other systems or networks connected to Blinkshop Website
v. You will not interfere with another user’s use of the Blinkshop Website
vi. You will not violate any law currently in force in India or outside
vii. You will not attempt or otherwise impersonate another person during the use of Blinkshop website
viii. You will not probe, scan or breach the vulnerability of Blinkshop website or any network connected to Blinkshop website
ix. You will not use any automatic device, program, or methodology including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of the Blinkshop website or any content within
x. You will not collect or store data about other users.
xi. You will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website whatsoever;
xii. You will not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of Blinkshop:
a. Involves an illegal or unauthorized use of copyrighted work
b. Is not belonging to you or to which you have no rights
c. Refers to any website or URL that contains material that is inappropriate for Blinkshop
d. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
e. Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever
xiii. You will not engage in any activity that inflicts an unreasonable or abnormal load on the Blinkshop website or any systems or networks connected to the Blinkshop.
xv. You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within Blinkshop.
xvi. You agree that your sole purpose of registering or using the Website is to buy the Products including home furnishing and furniture or such products as may be notified in the Website from time to time and you shall not use this Website for any other purpose.
xvii. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
xviii. Blinkshop shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization for any transaction for any reason whatsoever.
19.1 Most orders are shipped within (60) business days of order placement and payment through third party logistics. We will contact you if your order will be delayed with an estimated time for delivery. We ensure that your package will arrive safely and with delivery confirmation.
19.2 We will email you the tracking number once your order has been shipped and you can track the status at the relevant courier service website.
19.3 In case the package is returned to us after attempted delivery or because of a wrong shipping address provided by the User at the time of placing order, we will reship your order, only after receiving an email and correct address from you.
19.4 We process the shipment through third party logistics service providers. You agree and acknowledge that we shall not be liable for any unsatisfactory or delayed performance of shipping services.
19.5 You agree and acknowledge that we shall not be liable for any kind of legal issues arising between you and third party logistics service providers.
21. LIMITED LIABILITY
20.1 In no event shall Blinkshop, its employees, contractors, vendors, officers, directors, agents, parent, other affiliated companies, suppliers, successors and third parties be liable for any special, incidental, indirect or consequential damages of any kind in connection including but not limited to, losses arising out of or in connection with the website, its services. Our liability in any circumstance shall be limited to exercise our reasonable efforts to enable you to receive the refund to the maximum extent of the original value of the product purchased from our website.
21.1 The Terms will continue to apply until terminated by either you or Blinkshop as set forth below. If you desire to terminate your agreement with us, you may do so by (i) not accessing the Website; or (ii) deleting your accounts (if any).
21.2 We shall terminate your account if you breach this Agreement or any terms or policies of the Website.
21.3 We reserve the rights to cancel any new registration or to terminate any existing registration at any time without giving prior notice to you. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. We shall not be liable to you or any third party for any such termination.
21.4 Termination of your accounts shall not affect your liability or obligation arising prior to such termination.
22.1 Electronic Contracting; Copyright Dispute
22.2 International Users
22.4 Entire Agreement
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
22.7 Amendments To The Services
Blinkshop may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the site or scheme at any time and without notice. Blinkshop also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Blinkshop may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
22.8 Force Majeure
We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
d) import or export regulations or embargoes;
e) interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Blinkshop or of a third party);
f) interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
g) power failure or breakdown in machinery.
h) upon the happening of any one of the events set out in Condition (a) Blinkshop may at its option:-
i. fully or partially suspend delivery/performance while such event or circumstances continues;
ii. terminate any Contract so affected with immediate effect by notifying the User and Blinkshop shall not be liable for any loss or damage suffered by the User as a result thereof.
22.9 Breaches Of These Terms And Conditions
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website and / or contacting your internet service provider to request that they block your access to the Website.
22.10 Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.