A. User Eligibility
By using this Website you agree and represent that:
- You are a resident of India and you are accessing the Website from any part of India;
- You are over 18 years of age and legally competent to enter into a binding contract as per the Indian Contract Act, 1872;
- You are voluntarily sending your product to us and that all actions taken by you under these terms and conditions are voluntary actions without any undue force or coercion by any third person.
B. User Requirement
- You agree that you are the legal owner of the product sent by you to us and that all the rights, interests and titles in the product vest in you. Further, you agree that you have or had not transferred or assigned any rights, title or interest in the product to any third person.
- You agree that the ownership of the product(s) will pass on to us once we receive the product, confirm that the product matches the make, model and terms and conditions of the sell order and make the payment to you as per the option selected by you.
C. Product Requirement
- By submitting the sell order through our Website you warrant that the product(s) you send to us matches the make and model of your sell order. The condition of the product should be appropriately and correctly mentioned in the application form filled by you at the time of placing the sell order.
- The product shall be deemed to be in working condition if it complies with the following terms:
- The product is capable of turning on and off;
- The product is fully functional;
- The screen is working and intact;
- The battery is included;
- The product is not crushed or water damaged.
- The product shall be deemed to be in non-working condition if it complies with the following terms:
- The battery included is dead/not working properly;
- The product is crushed/damaged or half broken;
- The product has a broken/bleeding display (screen), no power up, speaker/microproduct fault, broken aerials etc.
- The product shall be deemed to be in working condition if it complies with the following terms:
- You warrant that before sending the product to us, you shall cancel any airtime contract linked to your product. We are not responsible for any call costs arising before, or after, receipt of your product, or arising from any other circumstances whatsoever.
- You agree to ensure that the SIM card of the product is removed before sending it to us. We shall not be liable for any charges or costs incurred in the event that a SIM card is sent with a product. You shall continue to be responsible for such charges. Further, you agree that any SIM cards received by us shall be non-returnable.
- If the product is specified as under Warranty, it should be valid in India and serviceable by the Manufacturer/Manufacturer’s authorized representative in India. Any documents required to avail of this service should be provided along with the product.
- Registration: You are required to register with us before placing the sell order. Please click on “Register” page and complete the form with your details for registration;
- True and accurate information: You agree that all the details provided by you during the registration process and further while placing the sell order is true and accurate without any misrepresentation.
- Placing the sell order: While placing the sell order you agree to strictly abide by the terms of this website.
- Packing: It is the sole responsibility of the user that the package is securely packaged and the shipping label printed from the website against the order is affixed on the package. We are not liable for any damage due to improper packing.
- Contents of the package: The package should contain the product as specified by the user including all accessories offered. In case there is a discrepancy in the contents, we shall have the option to modify/accept or cancel the order.
- Shipping: Based on your location, shipping option will be offered as either Free Pickup or User selected courier. In case of free pickup, our courier partner will come and collect the sealed package. The courier partner will make two attempts to collect the sealed package from you. In case you are not available to provide the sealed package on the confirmed date, all expenses incurred by the courier partner for collecting the sealed package will be deducted from the price of the sell order placed by you. In case of user selected courier, it shall be the user’s responsibility to send the package at his cost to us at the address specified in the Shipping Label. We are not liable for any loss/damage in transit.
- Product values: You agree and acknowledge that product values offered on our Website shall be decided by us. Further you agree that product values offered on our Website are subject to change without any prior notice to you. When you place the sell order, the prices quoted are guaranteed for 7 days from the date of order. If your product(s) are received after 7 days from the packaging received date, the up-dated, current price will apply. In case of any changes in the prices, we shall;
- Adjusted price/Returns: In the event the product sent by you to us does not match the make, model and conditions of the sell order, we'll propose an adjusted price and communicate the same to you by email. If you choose to decline the proposed adjusted price, the product will be returned to you within 15 working days of your declining the adjusted price offer. Adjusted orders will be automatically processed for payment if you do not reply to our proposed offer email within 7 days of our intimation of you of the adjusted price by email. While returning the product, user shall be responsible to provide Sales Tax form, if required. Octroi/Entry Tax, if applicable, shall be borne by the User.
- Payments: After placing the sell order at our Website you shall receive payment via direct online bank. Bank cheque option shall be used only when direct online bank transfer is not possible. We are not liable for any loss due to incorrect payment details provided by the user. Payments will be made by us only after we receive the product sent by you and confirm that it meets the make, model and terms and conditions of the sell order. Payments will be made within 7 working days (Monday to Friday, excluding public holidays) after receipt of the product. Payment confirmation will be sent to you email including amount and mode of payment.
- Amendment: The terms and conditions of our Website including but not limited to product values offered may be changed at anytime at our sole discretion without any prior notice to you. Hence it is your responsibility to keep yourself updated of the new terms and conditions. Any losses incurred by you due to your failure to keep yourself updated of the new terms and conditions shall be borne by the you and we shall have not be liable for the same.
- Indemnity: You agree and acknowledge that by sending your product to us, you agree to release us from all and any claims, losses or damages that may arise with respect to the product including but not limited to any claims related to the ownership of the product and any data stored in it. In the event of any claims that may be brought against us, we have the right to terminate the contract with you immediately without any prior notice. Any data stored or contained therein or on any media used in conjunction with the product (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")) will be erased by us and we will not be responsible for any losses incurred by you due to the removal or loss of any such Data. Further, you agree that to the maximum extent permitted by applicable law, we shall not liable for any indirect, special, incidental, consequential or punitive damages or losses, which may be suffered by you with respect to the subject matter hereof and our total liability in any event shall be limited to a total amount equal to the value of the product as determined by us. You agree and acknowledge that we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused due to or by events outside our reasonable control (‘Force majeure’ events) or due to our compliance with any applicable laws or regulations. The term “Force Majeure” shall include war, rebellion, civil disturbance, earthquake, fire, flood, strike, lockout, labor unrest, acts of governmental authorities, acts of God, acts of the public enemy and, in general, any other causes or conditions beyond our reasonable. If any event of force majeure continues for more than five (5) calendar days, either you or we may terminate the contract upon written notice to the other party.
- You may terminate the contract (defined in clause F) with us with or without reasons at any time until the package is pickup up by the courier or you send the package using your courier.
- You agree that you cannot terminate the contract at any time after sending the product to us. The contract may however be terminated if we confirm that the product sent by you does not meet the terms and conditions and the product is returned to you. [see above clause D(v)]. iii. You acknowledge that we have the right to terminate the contract with or without reasons at anytime without any prior notice to you except as provided under clause D(vi).
- You acknowledge that we have the right to terminate the contract with or without reasons at anytime without any prior notice to you except as provided under clause D(vi).
F. Governing Law and Dispute Resolution
This contract shall be construed and interpreted in accordance with the laws of India. Any controversy or claims or disputes arising out of or relating to this Agreement, the claims of breach of this Agreement or interpretation hereof shall be subject to the exclusive jurisdiction of the courts of Kolkata.
You agree that a contract will be concluded between you and Budli Internet Pvt. Ltd., only when we, upon receiving the product sent by you confirm that it matches the make, model and terms and conditions of the sell order and make the payment to you as per the option selected by you. You agree that such contract shall be binding on the User’s and Budli Internet Pvt. Ltd.’s successors and assignees respectively.