Terms & Conditions

Terms and Conditions for Logistics Services and Payment Services

By availing the Logistics Services and/ or Payment Services (defined below) of Third Party Service Providers (hereinafter referred to as ‘we’/ ‘us’), Buyer or Seller or any other party acting on their behalf with an interest in the Order(s) (defined below), (hereinafter collectively referred to as ‘you’), agree to be bound by the terms and conditions set out herein below (“Terms”).

Definitions:

In these Terms:

(a) “Buyer(s)” shall mean the person or individual who has purchased the Products offered for sale by the Sellers on the brillianics Platform and is availing Logistics Services and Payment Services from us.

(b) “Refund” is a settled transaction that is reversed to the Buyer(s) by the Payment Instruments, upon receiving a refund request from the Buyer(s), upon failure of the Seller(s) to provide an explanation along with documentary evidence that the refund request should be rejected.

(c) ‘Consignee’ shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.

(d) ‘Dangerous Goods’ includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

(e) ‘Delivery Note’ shall means the Waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the Logistics Services, including name, delivery address and contact number (if applicable) of the Consignee or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).

(f) ‘Logistics Services’ means the shipping, delivery, including cash on delivery (“COD”) services and other services provided by us to you pursuant to these Terms.

(g) “Order(s)” shall mean an order placed by the Buyer(s) for purchase of Products prescribed by the Seller(s) of such Products. Each Order shall be specifically designated by a unique order number.

(h) “Order Detail(s)” shall mean the details relating to the Order including without limitation, the description of Products, cost of the Products, total amount payable, delivery date etc.

(i) “Payment Services” shall mean the collection of payments by us, for the Order(s), from the Buyer(s): (i) using Payment Instruments (defined below), various banks or financial institutions, that enables the Buyer(s) to pay online; and/ or (ii) for cash on delivery Order(s), by collecting cash and remitting the same to the Seller(s) of Products.

(j) ‘Platform’ means the any website and/ or mobile application whereby Seller(s) display/ list and sell their Products.

(k) “Product(s)” shall mean multiple categories of goods including but not limited to mobiles, cameras, computers, apparels, footwear, healthcare and personal products, consumer home appliances and consumer electronics etc.

(l) “Seller(s)” shall mean the sellers/ vendors that list/ offer for sale to Buyers their Products through the Platform in accordance with the terms of use of such Platform.

(m) ‘Shipment(s) / Consignment(s)’ means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

(n) ‘Third Party Service Provider(s)’ means the third parties that provide Logistics Services and Payment Services to you. At present, this Third Party Service Provider is Hiveloop Logistics Private Limited having its registered office at 1090/O, Municipal No. 1580/1090/O, 17^th Main, Sector -3, HSR Layout, Bangalore, Karnataka – 560 102.

(n) ‘Waybill’ shall include any label that may be produced by us under automated systems, air waybill, or consignment note which shall incorporate these Terms.

1. If you are availing the Logistics Services from us, you agree to be bound by the following terms and conditions:
2. Conditions to Provision of Logistics Services:

(a) We, in our sole discretion, reserve the right to refuse the delivery of any Shipment and/ or forfeit delivery of any Shipment without any liability thereof.

(b) We are entitled to select third party service providers (including but not limited to carriers, storage keepers, warehousing agents, stuffing agents, packers, surveyors, transporters) as independent agents for performance of the Logistics Services under these Terms and Conditions.

(c) Consignments which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.

(d) Consignments addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.

(e) We may, in our sole discretion, reject any Shipment for the provision of Logistics Services and shall return such rejected Shipment in accordance with the relevant return policy that may be notified by us, from time to time.

(f) We reserve our right to weigh the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.

(g) We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.

(h) We may, in our sole discretion, conduct random audit of the Seller’s premises to ensure compliance with the terms set out herein. We may further conduct random verification/ checks of the Shipments that in transit to check your compliance with the terms mentioned herein.

(i) Seller hereby expressly authorises us and/ or our third party service providers to undertake insurances for safe keeping of goods in the warehouses and during transit of products, as the case may be, and claim insurance from the relevant insurance company in the event of loss or damage of Products while in its custody (including transit). The Seller has no objection to the payment of claims to us and/or our third party service providers in the event of a loss.

2. Representation, warranties, and obligations:

(a) Seller shall ensure that the Consignment does not contain any letter of communication which will infringe the Indian Postal Act, 1983 or any other applicable laws. We accept Consignments in good faith that the Consignments do not contain anything which will infringe or be in violation of any applicable laws.

(b) If more than one Consignment is booked to the same receiver, Seller must ensure that the full address of the Consignee or designated recipient is written on all the Consignments.

(c) Seller shall not enclose cash, high value gift articles, share certificates, travel documents, Dangerous Goods, explosives, firearms, cattle, or any other product that is prohibited by applicable laws in the Shipment. If Dangerous Goods or any goods that are prohibited by applicable laws are found in the Shipment which constitute a risk to other goods, property, life or health, such Shipment may without notice be destroyed or otherwise dealt with at our sole discretion and at your risk and expense. In this regard you shall, at all times, fully indemnify us and hold us harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such goods.

(d) Seller shall be solely responsible to declare the accurate value of the Consignment in the consignment note at the time of booking your Consignment for delivery.

(e) Seller represents and warrants that the description and particulars of the Consignment (including but not limited to the weight, content, measure, quality, condition, marks, numbers, and value) are complete and accurate with all laws, regulations, and requirements that may be applicable.

(f) Seller represents and warrants that:

(i) all information provided by you or person acting on your behalf relating to the Shipment(s) are complete and accurate;

(ii)  the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;

(iii) the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting; and/or

(iv) the Shipment(s) are in compliance with all laws, regulations, and requirements as may be applicable.

(g) Seller shall ensure that all the Consignments are provided to us before the specified cut-off-time specified by us for on time delivery with all the proper documents (in accordance with applicable laws including but not limited to goods & services tax Act, 2007 (GST)) required to ship the Shipments. GST on the products contained in Shipments and all applicable statutory tax compliances shall be your sole responsibility and we shall not be responsible for any losses, damages resulting from any such non-compliances.

(h) Seller shall be solely responsible to ensure that the Consignment is handed over to us within the time slots allotted to Seller by us. If Seller does not handover the Shipment within the time slot allotted, then Seller shall be charged extra for second attempt being made by us to take the Shipment.

(i) Seller shall be solely responsible for procuring appropriate insurance policies for the Consignments to cover all or any risks and liabilities that Seller may foresee. If Seller requires greater protection, then insurance cover may be arranged by us for the Shipment, in our sole discretion, upon your prior written instructions.

(j) Seller shall be solely responsible to raise invoices directly on the Buyers. In the event any penalty is levied by any governmental or regulatory authority on us due to Seller’s non-compliance of applicable laws, including without limitation, non-availability of invoices with the Consignments etc., Seller agrees to indemnify us, in this regard for all costs, losses, liabilities, penalties or expenses that we may have to incur. We shall not assume any liability for Seller’s failure to comply with this clause.

3. Delivery Services:

(a) Upon receiving a service order for the Logistics Services, we shall use our best endeavours to deliver the Shipment(s) to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Consignee. We will endeavour to verify the identification of the person receiving the Package at the designated delivery address and obtain the signature of such person’s signature on the Delivery Note.

(b) For onward delivery of Shipments, Seller hereby authorizes us to print Delivery Note containing information with respect to Shipment on its behalf.

(c) Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to Seller, inspect the contents of Shipment to ensure Seller’s compliance to these Terms.

(d) Proof of delivery of the Shipment can be made available upon Seller’s request provided such a request is made within 30 days from the date of dispatch of the Consignment. We will not accede to any requests after the expiry of the aforesaid time limit.

(e) Every effort will be made to adhere to the delivery schedule that may be prescribed by Seller, however, the Shipment may be delayed due to circumstances beyond our reasonable control.

(f) If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavours, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, treat the performance of the obligations as terminated and place the Shipment or any part of them at your disposal at any place which the we may deem safe and convenient, whereupon our responsibility in respect of the Shipment shall cease. Seller shall be responsible for any additional costs of carriage to, and delivery and storage at, such place and all other expenses incurred by us in this regard.

(g) Notwithstanding anything contained herein, our total aggregate liability for any claims or losses that may arise in connection to this shall be limited to the amount recovered by us from the insurance company in respect of Products in dispute or fee received from the you in the preceding six (6) months from the date such claim arose, as the case maybe

4. Failed Delivery or Undelivered Shipment:

(a) You acknowledge that a delivery failure (“Failed Delivery” or “Undelivered Shipment”) may occur for various reasons, including but not limited to:

(i) the Consignee’s name is incorrectly stated in the Delivery Note;

(ii) the delivery address is incorrectly stated in the Delivery Note;

(iii) there is no recipient available at the designated delivery address to receive the Shipment; or

(iv) the recipient refuses to receive the Shipment.

(b) In the event of a Failed Delivery due to the reasons stated in clause (a) above, we shall retain the Shipment and make a reasonable number of re-delivery attempts (as determined by us in our sole discretion) to deliver the Shipment in accordance with the RTO Policy as displayed on the Platform.

(c) In the event of Failed Delivery even after making such number of re-delivery attempts to deliver the Shipment, we will notify Seller and use reasonable efforts to return the Shipment to Seller in accordance with the RTO Policy.

(d) Our RTO Policy can be access.

Returns:

5. Buyer may raise a return request with respect to the following reasons of deficiency in delivery of Shipment provided by us:
6. Missing Product or some items from the entire order placed found to be missing which arise due to reasons attributable to us;
7. Damage to the outer box delivered or Product damaged in transit; or
8. Any other logistics or warehousing related issues.
9. At the time of raising the return request, Buyer will be required to provide appropriate documents/ information at the time of submission or post submission of the claim/ dispute in support of its claim. These documents/ proof may include without limitation:

• Images of the Product(s) indicating the issue in the Product/ shipment delivered. The images need to capture the following: (a) the shipping label with Order ID; (b) Order details; (c) packed shipment; (d) issue observed by you in the Product; (e) damages to the Product; and/or  (f) the IMEI number (in case the Product is a mobile phone);
• Unboxing/ normal video clip indicating the issues in the Product/ shipment delivered. The video clip needs to capture all sides of the package, order details, shipping label, quantity of the Product, damages in the Product, IMEI number (in case of mobile phones), any tampering with the outer box etc.;
• Copy of bill/ tax invoice for the Product received.

If we require any further information or clarification from the Buyer we will contact you.

3. Upon internal scrutiny and verification of the claim / return request, we may either accept or reject the claim/ return request. In case we accept the claim raised by the Buyer, we will arrange for the pick-up of the Shipment (if required) that has been delivered by us. It shall be the responsibility of the Buyer to pack the Product to be returned in a manner such that the packed shipment can withstand the handling and transportation process.

If the return request of the Buyer has been rejected due to the following reasons that: (a) Buyer does not respond to the inquiry calls and/or calls made by us to procure missing documentation and information; or (b) supportive documents are insufficient, or Buyer is unable to provide sufficient proof in support of the claim,  Buyer may raise a new return request within three (3) days from the date of such rejection.

4. We will initiate a refund of the order amount paid by the Buyer within forty-eight (48) banking hours, in cases where refund request is initiated under Para 5(a) which is attributable to any deficiency of service provided by us:
5. from the date of approval of claim/ dispute; or
6. from the time of successful pick-up of the Product from Buyer’s shop/ designated pick-up location;

whichever is later.

5. Our decision with respect to settlement of the claim/ dispute shall be final and binding on the Buyer and we shall not entertain any further claims once the claim/ dispute has been settled/ resolved by us.
6. If the Buyer has raised a return request for any reason other than as mentioned under clause 5 (a) above and where such return request of the Buyer has been accepted , we may provide logistics services to the Buyer for returning the Products to the Seller (if requested by the Buyer). It shall be the responsibility of the Buyer to pack the Product to be returned in a manner such that the packed shipment can withstand the handling and transportation process. Further it shall be the responsibility of the Seller to refund the order amount already paid by the Buyer.  In such cases of Seller approved returns, no liability shall rest with us with respect to refund of order amount to the Buyer.
7. We may, in our sole discretion, check the contents of the returned shipment that are picked up from the Buyer, however, we shall not assume any responsibility or liability with respect to such verification of the shipment. If we choose to do such verification, our check will be limited to checking that the Products which are handed over to us match the description of the Products, quantity, colour, size, and/ or brand with the Product for which return request has been raised. Buyer’s return request shall automatically stand cancelled in case the Products handed over to us do not pass the verification check. We will not entertain any further return request in case of any cancellation due to verification check.

The returned Shipment will be delivered to the Seller within 45 days from receipt of product from the Buyer.

Any delay in delivery due to unforeseen reasons will be communicated by us.

8. The Shipment to be returned will be delivered to the Seller in the same condition in which it was received by us from the Buyer. Seller shall be bound to accept the Shipment returned by the Buyer.
9. At the time of delivery of the returned Shipment to Seller or any of its representatives, we shall open the Shipment at Seller’s location and Seller is bound to accept the same in an open condition. Seller will be required to acknowledge the delivery of the Shipment by signing on the proof of delivery document (“POD”) and clearly write on the POD if the returned Shipment is damaged or tampered with. Seller agrees to allow us to take photos, videos, etc. of the opened Shipment for our record purposes. Seller acknowledges that such photos, videos, etc. collected by us will be used at the time of settling any dispute (if any) that may be raised by Seller with respect to the Shipment.
10. Seller can raise a dispute with respect to the Shipment returned to within seventy-two (72) hours from receipt of the same, failing which it shall be deemed as accepted by the Seller without any damage or fault.  Seller may raise a dispute for any one of the following reasons using the Platform:
11. Reverse Shipment/outer box is in a visibly damaged condition or tampered;
12. Products received does not match with the products which were dispatched by Seller;
13. Difference in the quantity;
14. If the Reverse Shipment is not delivered but marked “delivered” on the Platform; or
15. Mismatch/non-alignment with the approved refund amount.
16. At the time of raising a dispute, Seller will be required to provide documents/ proof in support of the claim, which include without limitation, images of the returned product(s) indicating the issue in the Shipment received. The images need to clearly capture the following:

• packed Shipment;
• issue observed by you in the returned product;
• damages to the returned product;
• brand name/ manufacturer’s name of the returned product; and/or
• the IMEI number (in case the product is a mobile phone).

12. Upon receipt of Seller’s claim, we will scrutinize the documents provided by the Seller and the Evidences collected by us and decide the claim either in favour or against the Seller.

The dispute may be resolved against Seller if it is concluded that:

• Evidences collected by us and documentation, proof, and information provided by Seller in support of the claim does not match;
• document/ proof provided by Seller is insufficient; or
• Seller does not respond to the inquiry calls and/or calls made by us to procure missing documentation, proof, and information in support of its claim.

Our decision with respect to settlement of Seller’s claim shall be final and binding on the Seller.

13. We may in our sole discretion, agree to refund the delivery charges to the Buyer or Seller, as the case may be.
14. If despite our reasonable efforts, we are unable to deliver the returned Shipment to the Seller, the same will be transferred to our liquidation hub for liquidation. Seller agrees to transfer the right, interest, and title to such returned Shipment to us. We shall not assume any liability to pay any amount to the Seller upon liquidation of such returned Product or entertain any claims with respect to such returned Shipment. Seller agrees that it shall not be entitled to receive any money or amount that we may receive from liquidation of such Shipment.
15. If it is found that Buyer or Seller misbehaves with our field executive, we reserve the right to cancel the claim/ dispute raised by them without incurring and assuming any liability thereof.

 

Indemnity:

You agree to indemnify, defend and hold harmless us, our affiliates and their related officers, directors, employees, agents and sub-contractors from and against all liability, loss, claims (including claims from third parties, sub-contractors or agents), damages, awards, penalties (including penalties imposed by government or regulatory authorities) or expenses (including attorney’s fees) arising out of or related to:

(i) any breach of your obligations, representations or warranties under these Terms;

(ii) any compliance of applicable law;

(iii) any claim or action by a third party in connection with any defect in title of any products;

(iv) information (whether to us or our affiliates, or their sub-contractors, agents or service providers, or government or regulatory authorities) in relation to the Shipment or otherwise pursuant to these Terms or in contemplation of the Logistics Services, that is incorrect, misleading, or erroneous;

(v) your omission to provide information or documentation required by us or any government or regulatory authorities;

(vi) any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the products;

(vii) any alleged or actual personal injury, death or property damage suffered by any party arising from the supply or sale of the Shipment to that party;

(viii) any claim by a third party or Consignee made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of products.

Limitation of Liability:

In no event will we be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, howsoever caused or on any theory of liability. We shall not have any liability whatsoever for any claims arising from:

(a) any of your acts or omissions;

(b) compliance with the instructions given by you or any person acting on your behalf;

(c) an act or order of any government authority;

(d) the insufficiency of the packing or labelling of Shipment; (e) the nature or description of the Shipment;

(f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (g) explosion, fire, flood or storm;

(h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence;

(i) any loss, miss-delivery, delay or damage to any Shipment; and/or

(j) any dispute or claims between the Seller and the Consignee/ Buyer including without limitation relating to the Shipment or Products hereunder.

Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with the Logistics Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of INR 3000/-.

Return Policy

This Returns Policy (“Policy”) will govern request to return any of the product (“Product”) purchased by buyer (referred to as “Buyer”, you, your, etc.) from any third-party seller (“Seller”) using the Platform. For the purposes of this Policy, the term Buyer and Seller are collectively referred to as “User”.

You understand that we are an intermediary platform and will only be responsible to mediate the return request raised by you with the Seller. It shall be sole responsibility of the Seller to resolve the issues/ concerns raised by you in your return request. We shall not assume any liability for any failure on the part of the Seller to resolve your issue.

1. You may raise a return request/ or your concerns on the Platform with respect to any one of the following reasons:
   1. Product with physical damage (if such damage is not in transit) or defective Product;
   2. Warranty issues with respect to the Product;
   3. Wrong Product or Product not matching the description or specifications mentioned on the listing page on the Platform;
   4. Part of the order/ items are found to be missing (which is not due to logistics reasons); or
   5. Issues related to the quality of the Product delivered.
2. You may raise a return request/ or your concerns on the Platform with respect to any one of the following reasons:
   1. Product with physical damage (if such damage is not in transit) or defective Product;
   2. Warranty issues with respect to the Product;
   3. Wrong Product or Product not matching the description or specifications mentioned on the listing page on the Platform;
   4. Part of the order/ items are found to be missing (which is not due to logistics reasons); or
   5. Issues related to the quality of the Product delivered.
3. Any return request/ issues raised by you for any of the following reasons:
   1. Missing Product or some items from the entire order placed found to be missing due to reasons attributable to logistics provider;
   2. Damage to the outer box delivered or Product damaged in transit; or
   3. Any other logistics related issues;

will not be governed by this Policy and it will be the responsibility of your logistics partner to settle any of the above-mentioned concerns raised by you. You may contact your logistics service provider for resolving the above issues. It is hereby clarified that we shall not assume any responsibility for non- redress of your issues by such logistics partner.

• You can raise a return request 3 days from the date of delivery of shipment

4. Your return request will either be approved or rejected and the same will be communicated to you.