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. The use of website baniyasupermarket.com

For the purpose of these terms of use, wherever the context so require You shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the “Baniya Super Market”. When you use any of the services provided by the “Baniya Super Market”, including but not limited to, (e.g., Customer 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.

“Baniya Super Market” reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, “Baniya Super Market” grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding

Your Account and Registration Obligations: –

If you use “Baniya Super Market”, you shall be responsible for maintaining the confidentiality of your User ID and Password (where applicable) and you shall be responsible for all activities that occur under your User ID and Password.

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or “Baniya Super Market” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, “Baniya Super Market” has the right to indefinitely suspend or terminate or block access of your membership with “Baniya Super Market” and refuse to provide you with access to the Website.

Membership Eligibility: –

Use of the “Baniya Super Market” 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 “Baniya Super Market” Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the “Baniya Super Market” and shall not transact or use “Baniya Super Market” website.

As a minor if you wish to use or transact on “Baniya Super Market”, such use or transaction may be made by your legal guardian or parents who have registered as users of the “Baniya Super Market”. “Baniya Super Market” reserves the right to terminate your membership and refuse to provide you with access to the “Baniya Super Market” if it is brought to “Tim-Tim’s” notice or if it is discovered that you are under the age of 18 years.

Communications: –

When You use the Website or send emails or other data, information or communication to “Baniya Super Market”, You agree and understand that You are communicating with “Baniya Super Market” through electronic records and You consent to receive communications via electronic records from “Baniya Super Market” periodically and as and when required.

“Baniya Super Market” may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges: –

Membership on the “Baniya Super Market” is free. “Baniya Super Market” does not charge any fee for browsing and buying on the “Baniya Super Market”. However “Baniya Super Market” reserves the right to charge fee and change its policies from time to time. In particular, “Baniya Super Market” may at its sole discretion introduce new services and modify some or all of the existing services offered on the “Baniya Super Market”. In such an event “Baniya Super Market” reserves, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on “Baniya Super Market”. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

You shall be solely responsible for compliance of all applicable laws including those in India for making payments to “Baniya Super Market”.

Contents Posted on Site: –

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the “Baniya Super Market” is owned, controlled or licensed by or to “Baniya Super Market”, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the “Baniya Super Market” and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without “Tim-Tim’s” express prior written consent.

You may use information on “Baniya Super Market” products and services purposely made available by “Baniya Super Market” for downloading from the Site, provided that you

(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of “Baniya Super Market” and you grant “Baniya Super Market” the worldwide, perpetual and transferable rights in such Content. “Baniya Super Market” shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by “baniyasupermarket.com”, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Privacy: –

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under.

Mandatory Declaration: –

• You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
• You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer of Warranties and Liability: –

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “Baniya Super Market” on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, “Baniya Super Market” does not warrant that:

• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.

“Baniya Super Market” will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, “Baniya Super Market” website. “Baniya Super Market” does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through “Baniya Super Market” website; their servers; or electronic communication sent from “Baniya Super Market” are free of viruses or other harmful components. Nothing on “Baniya Super Market” constitutes, or is meant to constitute, advice of any kind.

All the products sold on “Baniya Super Market” are governed by different state laws and if “Baniya Super Market” is unable to deliver such products due to implications of different state laws, “Baniya Super Market” will return or will give credit for the amount received by “Baniya Super Market” from the sale of such product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on “Baniya Super Market”. By registering your phone number with us, you consent to be contacted by “Baniya Super Market” via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. “Baniya Super Market” will not use your personal information to initiate any promotional phone calls or SMS’.

Services: –

Payment While availing any of the payment method/s offered at “Baniya Super Market”, “Baniya Super Market” will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s.

All payments made against the purchases/services on “Baniya Super Market” by you shall be compulsorily in Indian Rupees acceptable by the Union of India. “Baniya Super Market” does not accept any other form of currency with respect to the purchases made on “Baniya Super Market”.

Payment: –

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.

All payments made against the purchases/services on baniyasupermarket.com by you shall be compulsorily in Indian Rupees acceptable. baniyasupermarket.com does not accept any other form of currency with respect to the purchases.

Indemnity: –

You shall indemnify and hold harmless “Baniya Super Market” its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Law: –

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in J&K.

Jurisdictional Issues/Sale in India Only: –

Unless otherwise specified, the material on “Baniya Super Market” is presented solely for the purpose of sale in India. “Baniya Super Market” makes no representation that materials in “Baniya Super Market” are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and “Baniya Super Market” is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction: –

This site is controlled and operated by “baniyasupermarket.com”. All material on this site, including images, illustrations are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on “Baniya Super Market” web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Product Description: –

baniyasupermarket.com tries to be as accurate as possible. However, baniyasupermarket.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by baniyasupermarket.com itself is not as described, your sole remedy is to return it in unused condition.

Risk of loss: –

All items purchased from baniyasupermarket.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items not pass to you upon our delivery to the carrier.

Pricing/Typographical error: –

If baniyasupermarket.com comes across any difference in pricing resulting from typographic errors wrt pricing or product information, baniyasupermarket.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

Cancellation of order: –

baniyasupermarket.com reserves the right to cancel any order without any explanation for doing so; under situation where baniyasupermarket.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the baniyasupermarket.com policy or for any other reason. However, baniyasupermarket.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

Replacement Policy: –

baniyasupermarket.com offers you REPLACEMENT WITHIN 8 – 10 WORKING DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on baniyasupermarket.com i.e if at the time of delivery, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:

1. Notify us of any defects in the product/s at the time of delivery of the product/s and the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with baniyasupermarket.com.
3. Replacement is offered for the product/s sold by baniyasupermarket.com ONLY.

Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning/ Packing of product;
• Any consumable item which has been used/installed;
• Products with tampered;
• Any damage/defect which are not covered under the manufacturer’s warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

Disclaimer: –

“ANY DECISION ON REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD BY baniyasupermarket.com is at the sole discretion of Seller and decision of Seller shall be final and binding. Seller reserves the right to withdraw and/or alter from REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature.”

Limitation of Liability: –

IN NO EVENT SHALL baniyasupermarket.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF “baniyasupermarket.com” HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Our Contact: –

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to baniyasupermarketglobal@gmail.com