ByBuy Seller

Terms & Conditions of Use

Welcome to ByBuy.in & App. TOHANDS PRIVATE LIMITED and its affiliates provide access to the ByBuy.in & App (the "App") to you subject to the conditions set out on this page.

Please read these conditions carefully before using the ByBuy.in & App. By using the ByBuy.in & App, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future ByBuy.in & App service ("ByBuy (Tohands.Pvt.Ltd) Service"), you will also be subject to the terms, guidelines and conditions applicable to that ByBuy (Tohands.Pvt.Ltd) Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Conditions Relating to Your Use of ByBuy.in ,ByBuy App &ByBuy Seller app
Notice and Procedure for Making Claims of Infringement
Notice and Procedure for Notifying ByBuy.in & App of Objectionable Content

Conditions Relating to Your Use of ByBuy.in & App

1. Your Account

If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the App. You agree and acknowledge that you will use your account on the App to purchase products only for your personal use and not for business purposes. Should you wish to order products for business purposes, please create a business account on ByBuy.in & App/business. ByBuy.in & App reserves the right to refuse access to the App, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Policy, which also governs your visit to ByBuy.in & App, to understand our practices. The personal information / data provided to us by you during the course of usage of ByBuy.in & App will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the App.

3. E-Platform for Communication

You agree, understand and acknowledge that the App is an online platform that enables you to purchase products listed on the App at the price indicated therein at any time from any location. You further agree and acknowledge that ByBuy (Tohands.Pvt.Ltd) is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the App. Accordingly, the contract of sale of products on the App shall be a strictly bipartite contract between you and the sellers on ByBuy.in & App.

4. Access to ByBuy.in & App

We will do our utmost to ensure that availability of the App will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the App may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Licence for App access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, TOHANDS PRIVATE LIMITED grants you a limited licence to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TOHANDS PRIVATE LIMITED and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This App or any portion of this App (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of TOHANDS PRIVATE LIMITED and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ByBuy.in & App and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising TOHANDS PRIVATE LIMITED's or its affiliates' names or trademarks without the express written consent of TOHANDS PRIVATE LIMITED and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by TOHANDS PRIVATE LIMITED and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of ByBuy.in & App as long as the link does not portray TOHANDS PRIVATE LIMITED, ByBuy.in & App, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ByBuy.in & App logo or other proprietary graphic or trademark as part of the link without express written consent of TOHANDS PRIVATE LIMITED and / or its affiliates, as may be applicable.

6. Your Conduct

You must not use the App in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way You understand that you, and not ByBuy.in & App, are responsible for all electronic communications and content sent from your computer to us and you must use the App for lawful purposes only. You must not use the App for any of the following:

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
to cause annoyance, inconvenience or needless anxiety

7. Reviews, comments, communications and other content

Users of this App may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. ByBuy.in & App reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of ByBuy.in & App violates these Conditions of use and, or terminate your permission to access or use this App.

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant TOHANDS PRIVATE LIMITED and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) TOHANDS PRIVATE LIMITED and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TOHANDS PRIVATE LIMITED, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the App; that, as at the date that the content or material is submitted to ByBuy.in & App: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable ByBuy.in & App policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify TOHANDS PRIVATE LIMITED and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8. Claims against Objectionable Content

Because ByBuy.in & App lists products for sale offered by sellers on the App and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, ByBuy.in & App operates on a "notice and takedown" basis. If you believe that any content on the App is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, ByBuy.in & App will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

9. Copyright, authors' rights and database rights

All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TOHANDS PRIVATE LIMITED, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this App is the exclusive property of TOHANDS PRIVATE LIMITED and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this App is the property of TOHANDS PRIVATE LIMITED, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the App without TOHANDS PRIVATE LIMITED and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this App, without TOHANDS PRIVATE LIMITED and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this App without TOHANDS PRIVATE LIMITED and / or its affiliate's (as may be applicable) express written consent.

10. Intellectual Property Claims

TOHANDS PRIVATE LIMITED and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

11. Trademarks

ByBuy.in & App, ByBuy (Tohands.Pvt.Ltd), THE ByBuy (Tohands.Pvt.Ltd) LOGO, ByBuy.in & App's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of ByBuy (Tohands.Pvt.Ltd). ByBuy (Tohands.Pvt.Ltd)'s trademarks and trade dress may not be used in connection with any product or service that is not ByBuy (Tohands.Pvt.Ltd)'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ByBuy (Tohands.Pvt.Ltd). All other trademarks not owned by ByBuy (Tohands.Pvt.Ltd) that appear on this App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ByBuy (Tohands.Pvt.Ltd).

12. Patents

One or more patents apply to the App and to the features and services accessible via the App,

13. Disclaimer

You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App. You further acknowledge and undertake that you will use the App to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the App. While we have taken precautions to avoid inaccuracies in content, this App, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the App. At no time shall any right, title or interest in the products sold through or displayed on the App vest with ByBuy (Tohands.Pvt.Ltd) nor shall ByBuy (Tohands.Pvt.Ltd) have any obligations or liabilities in respect of any transactions on the App.

14. Indemnity and Release

You shall indemnify and hold harmless TOHANDS PRIVATE LIMITED, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release TOHANDS PRIVATE LIMITED and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

15. Children

Use of ByBuy.in & App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use ByBuy.in & App only with the involvement of a parent or guardian.

16. Other Businesses

Parties other than TOHANDS PRIVATE LIMITED and its affiliates may operate stores, provide services, or sell product lines on ByBuy.in & App. For example, businesses and individuals offer products via Platform. In addition, we provide links to the Apps of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their Apps. TOHANDS PRIVATE LIMITED does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

17. Communications

When you visit ByBuy.in & App, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the App and/or your order placed on the App.

18. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the App.

19. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our App, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the App or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

20. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

21. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

22. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

23. Our Details

This App is operated by TOHANDS PRIVATE LIMITED.

For the ByBuy.in & App, you could contact us by visiting: https://www.bybuy.in/#wf-form-Contact-Form

24. ByBuy (Tohands.Pvt.Ltd) Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with ByBuy (Tohands.Pvt.Ltd) Services (the "ByBuy (Tohands.Pvt.Ltd) Software").

25. Sanctions and Export Policy

You may not use any ByBuy (Tohands.Pvt.Ltd) Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ByBuy (Tohands.Pvt.Ltd) Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including ByBuy (Tohands.Pvt.Ltd) Software), technology and services.

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to ByBuy (Tohands.Pvt.Ltd) the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify ByBuy (Tohands.Pvt.Ltd) for all claims brought by a third party against ByBuy (Tohands.Pvt.Ltd) arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on ByBuy.in & App and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to ByBuy (Tohands.Pvt.Ltd) may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Notice Form:

If you believe that your rights are being violated by an item or information on the ByBuy.in & App site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:

Name: Praveen M

e-mail PDF: bybuy.legal@gmail.com
Subject Line: Claim of Infringement or Fax: 040 – 39922887

ByBuy Tohands.Pvt.Ltd

A-205 TIRUPATI ASHISH CHS, OPP HOTEL AMBER, SHAHAD, KALYAN (W), THANE 421103, MAHARASHTRA, INDIA.

(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).

Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.

Notice Form

Re: www.ByBuy.in & App

I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:

Contact information
:(a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
Listing and Allegation of Infringed Right:
(a) The listing's detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing). (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
Sign the Notice Form.

Notice and Procedure for Notifying ByBuy.in & App of Objectionable Content

If you believe that any content on, or advertised for sale on, the App contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to ByBuy.in & App of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or Fax to the Grievance Officer:

Name: Praveen M.

e-mail PDF: bybuy.legal@gmail.com

Subject Line: Claim of Objectionable Content

Fax: 040-39922887

TOHANDS PRIVATE LIMITED

A-205 TIRUPATI ASHISH CHS, OPP HOTEL AMBER, SHAHAD, KALYAN (W), THANE 421103, MAHARASHTRA, INDIA.

Please note that this procedure is exclusively for notifying ByBuy.in & App of Objectionable Content on or advertised for sale on the ByBuy.in & App App. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to ByBuy.in & App may result in civil and/ or criminal liability.

Notice to ByBuy.in & App of Objectionable Content

In the matter of ByBuy.in & App

I, [Please set out your full name] of [please give your postal address], [please set your occupation] , says as follows:

I refer to the App www.ByBuy.in & App ("the App"). I make this statement in support of my giving ByBuy.in & App notice that, via the App, it is causing or contributing to the publication of Objectionable Content.
The Objectionable Content (delete whichever paragraph is not applicable): appear on the App at [please cut and paste the address of the relevant Web page from the App where the Objectionable Content appears].
The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated:

Please read the conditions of use carefully before using the ByBuy.in & App App. By using the ByBuy.in & App App, you signify your agreement to be bound by these conditions.

ByBuy (Tohands.Pvt.Ltd) Software Terms

1. Use of the ByBuy (Tohands.Pvt.Ltd) Software

You may use ByBuy (Tohands.Pvt.Ltd) Software solely for purposes of enabling you to use and enjoy the ByBuy (Tohands.Pvt.Ltd) Services as provided by ByBuy (Tohands.Pvt.Ltd), and as permitted by the Conditions of Use, these ByBuy (Tohands.Pvt.Ltd) Software Terms and any Terms. You may not incorporate any portion of the ByBuy (Tohands.Pvt.Ltd) Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ByBuy (Tohands.Pvt.Ltd) Software or otherwise assign any rights to the ByBuy (Tohands.Pvt.Ltd) Software in whole or in part. You may not use the ByBuy (Tohands.Pvt.Ltd) Software for any illegal purpose. We may cease providing any ByBuy (Tohands.Pvt.Ltd) Software and we may terminate your right to use any ByBuy (Tohands.Pvt.Ltd) Software at any time. Your rights to use the ByBuy (Tohands.Pvt.Ltd) Software will automatically terminate without notice from us if you fail to comply with any of these ByBuy (Tohands.Pvt.Ltd) Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain ByBuy (Tohands.Pvt.Ltd) Software that are specifically identified in related documentation may apply to that ByBuy (Tohands.Pvt.Ltd) Software (or software incorporated with the ByBuy (Tohands.Pvt.Ltd) Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ByBuy (Tohands.Pvt.Ltd) Service is the property of ByBuy (Tohands.Pvt.Ltd) and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2. Use of Third Party Services

When you use the ByBuy (Tohands.Pvt.Ltd) Software, you may also be using the services of one or more third parties, such as a wireless carrier, payment gateway or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ByBuy (Tohands.Pvt.Ltd) Software, whether in whole or in part, or create any derivative works from or of the ByBuy (Tohands.Pvt.Ltd) Software.

Updates

In order to keep the ByBuy (Tohands.Pvt.Ltd) Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Sellers and the Customer)

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

In addition, when you use any current or future ByBuy.in & App service, you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

1. Conditions Relating to the Sale of Products to You

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

2. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the App.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

3. Returns

Please review our Returns Policy, which applies to products sold by us.

4. Pricing and availability

We list availability information for products sold by us on the App, including on each product information page. Beyond what we say on that page or otherwise on the App, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.

5. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

6. Health & Safety

By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.

7. Children

Use of ByBuy.in & App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

8. Communications

When you visit ByBuy.in & App, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

9. Losses

10. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

11. Events beyond our reasonable control

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.