PehchanKiDukan Buyer App Terms Of Use

Terms Of Use

This document serves as an electronic record under the purview of the Information Technology Act, 2000 (‘IT Act, 2000’), including the corresponding regulations and the provisions related to electronic records in multiple 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.

This document is being presented in compliance with Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, which stipulate the publication of the Rules and Regulations, Privacy Policy, and Terms of Use for accessing or utilizing the website www.pehchankidukan.in. The domain name www.pehchankidukan.in, which includes its mobile website, mobile application, and seller portal (seller.pehchankidukan.in, hereafter referred to as the “Platform”), is the property of and managed by Persistent Digital Commerce Private Limited, a registered company operating under the Companies Act of 1956, with its registered office located at Persistent Digital Commerce Private Limited, 44 – B, New Nehru Colony, Thatipur, Gwalior, 474011, Madhya Pradesh, India.

The utilization of the Platform and its associated services and tools are governed by the following terms and conditions (“Terms of Use”) that are relevant to the Platform, along with the applicable policies that are incorporated herein for reference. If a transaction is conducted on the Platform, you will be obligated to adhere to the policies that apply to the Platform for that particular transaction. By the mere act of using the Platform, you will be entering into an agreement with Persistent Digital Commerce Private Limited, and these terms and conditions, inclusive of the policies, will establish your binding obligation with Persistent Digital Commerce Private Limited.

For the purposes of these Terms of Use, wherever the context so requires, “You” or “User” means any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data when registering on the Platform as a registered buyer or user using the Computer/Mobile system. Persistent Digital Commerce Private Limited allows Users to surf the Platform without registering on the Platform. The terms “We”, “Us” and “Our” mean Persistent Digital Commerce Private Limited.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL  TERMS AND CONDITIONS IN THESE TERMS OF USE,  PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or explicitly accepting these Terms of Use, you also agree to be bound by our policies (including but not limited to the Privacy Policy available at Privacy) as modified from time to time.

Account and Registration Responsibilities:

When using the Platform, you are responsible for safeguarding the confidentiality of your Display Name and Password. You are also accountable for all activities occurring under your Display Name and Password.

Key Responsibilities:

• False Information: If you provide false, inaccurate, outdated, incomplete, or violative information per our Terms of Use, we reserve the right to indefinitely suspend, terminate, or block your membership on the Platform and deny access.
• Primary Identifiers: Your mobile phone number and/or email address are your primary identifiers on the Platform.
• Update Information: It is your responsibility to ensure your mobile phone number and email address are up to date. Promptly inform us of any changes through a one-time password verification.
• If your mobile phone number or email address is not updated: We bear no liability for activities or consequences arising from the use or misuse of information linked to your Account.

Sharing Account Information:

• Separate Profiles: Creating separate profiles or sharing your Account allows others to access your information.
• Sole Liability: You are solely liable for all activities under your Account and any associated consequences.
• Confidentiality Violation: Sharing login details, including username and password, is a violation of our Terms of Use.

Security Measures:

Logout and Notification:

• Ensure successful logout at the end of each session.
• Promptly notify us of any unauthorized Account use.

Security Breaches:

• In case of suspected breaches, we may request a password change or suspend your Account.
• We are not liable for losses arising from your failure to adhere to these security measures.

Eligibility for Membership

Membership and the ability to conduct transactions on the Platform are only open to individuals who have the legal capacity to enter into binding contracts under the Indian Contract Act, 1872. Those categorized as “incompetent to contract” as per the Indian Contracts Act, 1872, including individuals who have not been declared insolvent, are ineligible to use the Platform. If you are a minor, meaning under 18 years of age, you may access and use the Platform and its content only under the supervision, consent, and authorization of your parent or legal guardian. 

As a minor, any transactions you wish to engage in on the Platform must be conducted by your legal guardian or parents. We retain the right to terminate your membership and/or deny access to the Platform if we discover that you are under 18 years of age and conducting transactions on the Platform.

Communications

When utilizing the Platform or forwarding emails, data, information, or messages to us, you acknowledge and agree that your interaction with us is conducted through electronic records, and you provide your consent to receive periodic communications from us via electronic records as necessary. We may reach out to you through email or other means of communication, whether electronic or otherwise.

Platform for Transaction and Communication

The Platform facilitates transactions between the buyer and seller. We are not and cannot become involved in, or control in any way, any transaction between users of the Platform.

Henceforward:

• All the commercial and contractual terms are exclusively offered by and agreed upon between buyers and sellers. These terms encompass but are not limited to, pricing, shipping costs, payment methods, payment terms, delivery dates, delivery methods, product warranties, and after-sales services. We do not possess control or influence over the formulation or acceptance of these commercial and contractual terms between buyers and sellers. All discounts and offers (including exchange offers) are provided by the seller or brand and not by us.
• When a buyer places an order with a seller on the Platform, it constitutes an offer by the buyer to purchase the product(s) from the seller. The seller reserves the right to cancel such an order at its discretion, and the buyer will be duly informed via email or SMS. In the event of such a cancellation, any transaction payment made by the buyer will be refunded. Furthermore, the seller may cancel an order if it exceeds typical individual consumption, including both the quantity ordered within a single order and multiple orders of the same product that cumulatively exceeds typical individual consumption. The determination of what constitutes typical individual consumption will be based on various factors and is at the sole discretion of the seller, varying from person to person.
• We do not make any representations or warranties regarding specific user details (e.g., legal title, creditworthiness, identity) for any of its users. Users are advised to independently verify the credibility of any specific user they choose to interact with on the Platform and use their best judgment on that behalf.
• We are not accountable for the non-performance or breach of any contract formed between buyers and sellers. We cannot guarantee that the involved buyers and/or sellers will fulfil any transaction conducted on the Platform. We are not obligated to mediate or resolve disputes or disagreements between buyers and sellers.
• We do not provide any representations or warranties regarding the specific details (e.g., quality, value, merchantability) of the products or services proposed for sale or purchase on the Platform. We do not endorse or support the sale or purchase of any products or services on the Platform, either implicitly or explicitly. We hold no responsibility for any errors or omissions, whether made by itself or by third parties.
• Our delivery partner will take possession of the products or services offered by you but we do not at any point in time during a transaction between the Seller and a Buyer on the Platform, directly come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by Seller to the Buyer. At no time shall we hold any right/title to or interest in the items nor have any obligations or liabilities concerning such a contract. Our delivery partner and/or Seller will be held solely responsible for this. We are not responsible for the unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
• The Platform serves solely as a means for Users to access a broader base for buying and selling products or services. We are providing a communication platform, and it is agreed that the contract for the sale of any products or services shall be strictly a bilateral agreement between the Seller and the Buyer.
• Any order received will be shipped within a duration of maximum 2 days. Also, the return and refund requests will be processed within a duration of 72 hours from the time of initiation of the request.

Select products offered by sellers may be eligible for business purchases on the Platform.

1. Upon your purchase of products eligible for business purchases, you may be able to avail GST input tax credit benefits. Therefore, upon your request, the Seller(s) selling such products shall issue an invoice containing the GSTIN provided by you (“Tax Invoice”).

1.1.   The GST invoice will include, among other details: Your registered business’s associated GSTIN, as provided by you.

1.2.   The entity name of your registered business, as provided by you.

1.3.   Not all products are eligible for business purchases on the Platform, and the eligibility is solely at the discretion of the Sellers. You can verify the Tax Invoice’s eligibility on the product page on the Platform.

1.4.  Purchases on the Platform must strictly be for end consumption. Users must refrain from using products purchased on the Platform for any commercial, promotional, resale, or further distribution purposes.

1.5.   For the smooth utilization of input tax credit, please ensure that the delivery address matches the address listed as the registered place of business according to the records of the GST authority. Please note that the availability of input tax credit is subject to the provisions of the GST Act and rules.

1.6.  The delivery and billing addresses must be the same; please note that the GST authority will reject the input tax credit if the delivery address and GSTIN on the GST invoice belong to different states.

1.7.   Failure to provide the GSTIN and/or business entity details will be considered a personal purchase, not a business purchase.

1.8.   We are not responsible for verifying the correctness of the GSTIN and/or entity name provided by you, and you will be entirely responsible for providing correct details.

1.9.   We and the Seller will not entertain any requests for revising the GST Invoice. We and the Seller will not be liable for any default on your part, including issues related to the details provided by you.

1.10.                 We will not be liable if you are unable to avail the input tax credit or if the credit is denied to you for any reason whatsoever.

1.11.                 You will be solely responsible for all compliance required under applicable laws.

1.12.                 You agree to indemnify and hold us and the Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability, including any third-party claims (including any penalties imposed by governmental authorities), arising from the GSTIN and/or entity name provided by you, or the input tax credit claimed by you, or your use or misuse of the GST Invoice, or your non-compliance with applicable laws, or your use or misuse of any third-party details, including GSTIN.

1.13.                 We may deny business purchases on the Platform to you in case of identified fraudulent activity.

1.14.                 Sellers reserve the right to not issue a Tax Invoice or to issue a credit note against an already issued Tax Invoice to cancel the transaction in case of identified fraudulent activity.

2. You are responsible for mutually agreeing with the seller(s) on the specifics of delivery, payment, insurance, and other terms and conditions for your transactions.

Disclaimer: Please note that the pricing of any product(s) displayed on the Platform may be subject to changes due to technical issues, typographical errors, or inaccuracies in the product information provided by the seller, and in such cases, the seller may choose to cancel your order(s).

3. You agree to release and indemnify Persistent Digital Commerce Private Limited and/or its officers and representatives from any costs, damages, liabilities, or other consequences arising from the actions of other users of the Platform, and you specifically waive any claims you may have in this regard under any applicable law. Despite its reasonable efforts in this regard, we cannot take responsibility for or control the information provided by other users that is made available on the Platform. You may come across other users’ information that is offensive, harmful, inconsistent, inaccurate, or deceptive. Exercise caution and practice safe trading when using the Platform.

Please be aware that there may be risks associated with dealing with underage persons or individuals acting under false pretenses.

Use of the Platform

You affirm, commit, and confirm that your use of Platform will be strictly governed by the following obligatory principles:

• You shall not host, display, upload, modify, publish, transmit, update, or share any information which:

(a) pertains to another individual to which you have no lawful right;

(b) is excessively detrimental, harassing, blasphemous, defamatory, indecent, pornographic, pedophilic, slanderous, intrusive of another’s privacy, offensive, or racially, ethnically objectionable, demeaning, or that encourages money laundering or gambling or is otherwise unlawful in any way; or unlawfully menacing or unlawfully harassing, including, but not limited to, “indecent representation of women” as defined in the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any manner;

(d) is conspicuously offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any nature against any group or individual;

(e) harasses or advocates harassment of another person;

(f) encompasses the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conducts that are abusive, threatening, obscene, defamatory, or libellous;

(h) infringes upon or violates the rights of any third party, including but not limited to intellectual property rights, privacy rights (including unauthorized disclosure of a person’s name, email address, physical address, or phone number), or publicity rights;

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to file a complaint about uploaded copyrighted material), such as offering pirated computer programs or links to them, providing information to bypass manufacturer-installed copy-protection devices;

(j) contains restricted or password-protected access pages, hidden pages, or images (those not linked to or from another accessible page);

(k) supplies material that exploits individuals in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities, such as creating or purchasing illegal weapons, violating someone’s privacy, or creating or distributing computer viruses;

(m) includes videos, photographs, or images of another person (whether a minor or an adult);

(n) attempts to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information from other users for commercial or illegal purposes;

(o) engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, our prior written consent means communication from our Legal Department in direct response to your request and explicitly addressing the activity or conduct for which you seek authorization;

(p) solicits gambling or participates in any gambling activity that we, in our sole discretion, deem to be or could be construed as illegal;

(q) disrupts another user’s use and enjoyment of the Platform or another person’s use and enjoyment of similar services;

(r) references any Platform or URL that, in our sole discretion, contains material that is unsuitable for the Platform or any other Platform, contains content that would be banned or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes on any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is not fraudulent or related to the sale of counterfeit or stolen products;

(u) breaches any currently applicable law;

(v) deceives or misleads the recipient/users regarding the source of such messages or communicates any information that is extremely offensive or menacing in nature;

(w) impersonate another individual;

(x) includes software viruses or any other code, files, or programs intentionally created to disturb, harm, or limit the operation of computer systems; or encompasses any harmful software, such as trojan horses, worms, time bombs, cancelbots, concealed elements, or other computer-based processes that could impair, negatively affect, reduce the worth of, secretly intercept, or seize control of any system, data, or personal information;

(y) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or provokes the commission of any cognizable offense or obstructs the investigation of any offense or insults any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) must not, either directly or indirectly, provide, endeavour to provide, exchange, or endeavour to exchange any item, the trade of which is forbidden or limited in any way under the provisions of any currently applicable laws, rules, regulations, or guidelines.

(ab) must not generate any liability for us or result in our loss (in whole or in part) of the services of our internet service provider (“ISPs”) or other suppliers;

• You are prohibited from employing any method such as a “deep-link,” “page-scrape,” “robot,” “spider,” or any other automated mechanism, program, algorithm, or methodology, or any analogous or equivalent manual process to gain access to, collect, replicate, or track any part of the Platform or any Content. Similarly, you must not attempt to replicate or bypass the navigational structure or presentation of the Platform or any Content in order to obtain, or try to obtain, any materials, documents, or information through any means that are not deliberately provided by the Platform. We retain the right to prohibit any such activity.
• You are not permitted to make unauthorized attempts to access any segment or feature of the Platform, any other systems or networks linked to the Platform, or any server, computer, network, or any of the services provided on or through the Platform, through activities such as hacking, password “mining,” or any other unlawful methods.
• You should not attempt to investigate, scan, or assess the security vulnerabilities of the Platform or any network linked to the Platform, nor violate the security or authentication mechanisms on the Platform or any network connected to the Platform. It is not permitted to trace or attempt to trace any information on any other User of the Platform, or any other visitor to the Platform, or any other customer, including any account on the Platform not owned by You, to its source. The Platform or any service or information provided by or through the Platform should not be exploited in any way with the purpose of revealing information, including but not limited to personal identification or information, other than Your own information as provided for by the Platform.
• You are not allowed to make any negative, denigrating, or defamatory statements or comments about Us, the brand name, or the domain name used by Us, including terms like PehchanKiDukan, pehchankidukan.in, or engage in any behaviour or action that could harm our reputation or reputation of sellers on the platform. This includes actions that might tarnish or diminish the goodwill associated with our trade or service marks, trade name, or otherwise tarnish or dilute such marks or names owned or used by us. You agree not to take any action that unduly or disproportionately burdens the Platform’s infrastructure, our systems or networks, or any systems or networks connected to us.
• You pledge not to use any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Platform or any transaction being carried out on the Platform or interfere with any other person’s use of the Platform.
• You are not allowed to forge headers or use any means to conceal the source of any message or transmission you send to Us via the Platform or any service provided on or through the Platform. Impersonating or misrepresenting yourself as someone else or as a representative of another individual or entity is also prohibited.
• The Platform and its content should not be used for any unlawful purpose or any activity that violates these Terms of Use. It is also forbidden to solicit or promote any illegal activities or actions that infringe upon the rights of Persistent Digital Commerce Private Limited and/or others.
• You must always ensure that you fully comply with the applicable provisions of the Information Technology Act, 2000, and the related rules, as well as any subsequent amendments. Additionally, you must adhere to all relevant domestic laws, rules, and regulations, including those pertaining to exchange control laws or regulations that are currently in force. Furthermore, you must conform to international laws, foreign exchange laws, statutes, ordinances, and regulations, such as those concerning sales tax/VAT, income tax, octroi, service tax, central excise, customs duty, and local levies, with respect to your use of our service and your activities involving the listing, purchase, solicitation of offers to purchase, and sale of products or services. Engaging in transactions involving items or services that are prohibited by any applicable law, including exchange control laws or regulations currently in effect, is strictly prohibited.
• For the sole purpose of allowing us to utilize the information you provide, and to ensure that we do not violate any rights you may hold in your data, you consent to granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights associated with your information, in any media currently known or developed in the future, with regard to your information. We will strictly adhere to using your information in accordance with the Terms of Use and Privacy Policy that apply to the use of the Platform.
• From time to time, it will be your responsibility to provide accurate information about the products or services you intend to offer for sale. You commit to ensuring that all such information is truthful in every aspect. Exaggerating or overemphasizing the attributes of these products or services in a manner that misleads other users is prohibited.
• Engaging in advertising or solicitation of other users of the Platform to buy or sell any products or services, including those displayed on the Platform or connected to us, is not allowed. This includes the transmission of chain letters or unsolicited commercial or junk emails to other users through the Platform. Using information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person, except us, without our explicit prior consent, violates these Terms of Use. To protect our users from such advertising or solicitation, we reserve the right to limit the number of messages or emails a user can send to other users within any 24-hour period, as we deem appropriate in our sole discretion. It is important to understand that we have the right, at all times, to disclose any information, including the identity of individuals providing information or materials on the Platform, as required to comply with any law, regulation, or valid government request. This may include but is not limited to, disclosing information in connection with the investigation of alleged illegal activity, solicitation of illegal activity, or in response to a lawful court order or subpoena. Additionally, we may, and you hereby explicitly authorize us to, disclose any information about you to law enforcement or other government officials when we, at our sole discretion, deem it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We retain the right, although we are not obligated, to oversee the content published on the Platform. We at our sole discretion, have the authority to eliminate or revise any content that, breaches, or is alleged to breach, any applicable law or the essence or wording of these Terms of Use. Nevertheless, YOU ARE SOLELY LIABLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please note that such posted Content may not necessarily reflect our perspectives. Under no circumstances will we assume or bear any responsibility or liability for any Content posted or for any claims, damages, or losses arising from the use of Content and/or the visibility of Content on the Platform. You hereby declare and guarantee that you possess all the requisite rights to the content you provide, along with all the information it contains. Furthermore, you confirm that such content will not violate any intellectual property or other rights of third parties, or include any defamatory, tortious, or otherwise illegal information.

• Your communication or commercial transactions with, or involvement in promotions by, advertisers discovered on or through the Platform, including the payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and such advertisers. We shall not be held responsible or liable for any form of loss or damage incurred as a result of any such transactions or as a consequence of the presence of such advertisers on the Platform.
• It is feasible that other users (including unauthorized users or “hackers”) may publish or transmit offensive or indecent materials on the Platform and that you may inadvertently come across such offensive and indecent materials. It is also possible for others to acquire your personal information due to your use of the Platform, and the recipient may use this information to harass or harm you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not accountable for the use of any personal information that you publicly disclose or share with others on the Platform. Please be cautious in selecting the type of information you choose to publicly disclose or share with others on the Platform.
• We retain the complete authority to take essential measures and seek compensation for any potential harm that may result from your participation, either individually or through one or more groups of individuals, whether deliberate or inadvertent, in activities related to DoS/DDoS (Distributed Denial of Services). If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that we and/or our affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve our and/or our affiliates’ products and services. We and/or our affiliates’ use of your voice data will be in accordance with the Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. We reserve the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
• You acknowledge and agree that the translation features for the Hindi language are provided on the Platform for your convenience but without any express or implied representation or warranty by Us. This includes no guarantee of error-free translations, accuracy, completeness, or reliability. When using the translation feature, you can add delivery addresses in your chosen language from the featured options. These delivery addresses will be transliterated into English for order processing and fulfilment on the Platform. We explicitly disclaim any liability related to these translation and transliteration features. Please note that some features and sections on the Platform may not be available in your selected language, and the English version will be considered definitive in case of any conflict or inconsistency. This feature may not be accessible on certain devices. We reserve the right to modify, enhance, suspend, or discontinue this feature or any part of it at any time without prior notice.

Services

Payment

When you use any of the available payment methods on the Platform, please be aware that we will not be held responsible or liable for any loss or damage, whether direct or indirect. This includes (but not limited to) situations such as:

• Lack of authorization for a transaction.
• Exceeding the mutually agreed preset limit between You and your “Bank/s.”
• Payment issues that arise during the transaction.
• The rejection of a transaction for any other reason.

All payments made for purchases/services on the Platform must be in Indian Rupees acceptable in the Republic of India. The Platform does not support transactions in any other currency for purchases made on the Platform.

In certain cases, before shipping or delivering your order, the Seller may request you to provide additional documents (including, but not limited to, government-issued identification and proof of address) to verify the ownership of the payment method you used for your purchase. This verification process is carried out to ensure a secure online shopping environment for our Users.

Moreover:

• You have expressly authorized us or our service providers to electronically collect, process, facilitate, and remit payments or the transaction price between Users in connection with transactions through the Payment Facility, including the option of Cash on Delivery. Your relationship with us is founded on a principal-to-principal basis. By accepting these Terms of Use, you acknowledge that we operate as an independent contractor for all purposes and assume no control or liability over the products or services listed on the Platform that are paid for using the Payment Facility. We do not guarantee the identity of any User and do not ensure that a Buyer or a Seller will successfully conclude a transaction.
• The transactions, transaction price, and all commercial terms, including delivery and dispatch of products and/or services, are based on a principal-to-principal bilateral agreement between the Buyer and the Seller. The payment facility is simply utilized by the Buyer and Seller to streamline the completion of the transaction. Please note that using the payment facility does not make us responsible for issues such as non-delivery, non-receipt, non-payment, damage, breaches of representations and warranties, failure to provide after-sales or warranty services, or any fraudulent activities related to the products and/or services listed on our Platform.
• Please understand, accept, and agree that our payment facility is not a banking or financial service. It serves solely as a facilitator for electronic, automated online payments, including Cash on Delivery, and the collection and remittance of funds for transactions on the Platform. This is achieved by utilizing the existing authorized banking infrastructure and credit card payment gateway networks. Additionally, by providing the Payment Facility, we do not act as a trustee or in a fiduciary capacity concerning the Transaction or the Transaction Price.

Payment Facility for Buyers:

• As a Buyer, you acknowledge that by initiating a Transaction, you are entering into a legally binding and enforceable contract with the Seller to acquire products and/or services using the Payment Facility. You agree to make payment for the Transaction Price through your Issuing Bank to the Seller using the Payment Facility.
• You, as a Buyer, can mutually agree with the Seller, through electronic communication and electronic records, to extend or increase the Dispatch and/or Delivery time using the automated features provided by the Payment Facility. Such an extension or variation of the Transaction must comply with the Payment Facility Rules and Policies.
• Upon Delivery or non-delivery, you, as a Buyer, should promptly inform the Payment Facility using the appropriate features on the Platform, as per the provided Policies. Failure to notify the Delivery or non-Delivery within the specified time, as outlined in the Policies, will be construed as deemed Delivery for that Transaction. For Cash-On-Delivery transactions, you are not required to confirm the receipt of products or services.
• In the event that you do not receive the Delivery within the agreed time or the time specified in the Policies, whichever is earlier, you, as a Buyer, have the right to claim a refund of the Transaction Price as your sole and exclusive remedy. However, failure to raise a refund claim within the stipulated time renders you ineligible for a refund.
• Please note that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions, as mentioned in the Policies. Therefore, you may not be entitled to a refund for Transactions involving those products and/or services.
• Please be aware that refunds may only be supported for select banks. In cases where a bank is not supported for processing refunds, you will be required to provide alternative bank account details for the refund process.
• Except for Cash On Delivery transactions, refunds, if applicable, will be issued through the same Issuing Bank from which the Transaction Price was received or via another method available on the Platform, as selected by you.
• For Cash On Delivery transactions, refunds, if any, will be conducted through electronic payment transfers.
• Refunds will be processed in Indian Rupees and will be equivalent to the Transaction Price received in Indian Rupees.
• For electronic payments, the refund process will utilize payment facilities such as NEFT/RTGS or any other online banking/electronic funds transfer system approved by the Reserve Bank of India (RBI).
• The refund is subject to conditions and remains subject to our right to take recourse in the event of any misuse by the Buyer.
• We may also request you for additional documents for verification.
• Refunds are subject to Buyer compliance with the Policies.
• Furthermore, we reserve the right to decline Transactions from Buyers with a history of questionable charges, breaches of agreements, or violations of laws, among other reasons.
• We may conduct checks as we deem appropriate before confirming payment receipt or the Buyer’s commitment to pay (for Cash-On-Delivery transactions) the Transaction Price. If we are not satisfied with the Buyer’s creditworthiness, the genuineness of the Transaction, or for other reasons within its sole discretion, we reserve the right to reject the payment receipt or the Buyer’s commitment to pay the Transaction Price. To clarify, the ‘Cash on Delivery’ feature may be disabled for certain account users, at our sole discretion.
• We may postpone the notification of payment confirmation, i.e., informing the Seller to dispatch, in the case of suspicious activities or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. Additionally, we may withhold the Transaction Price and may not inform the Seller to Dispatch or remit the Transaction Price to law enforcement officials (instead of refunding it to the Buyer) upon the request of law enforcement officials or if the Buyer is involved in any form of illegal activity.
• We retain the right to enforce limits on the number of Transactions or Transaction Prices received from an individual Buyer during any time period and may refuse to process Transactions exceeding such limits.
• Both the Buyer and Seller acknowledge that we will not be held liable for any damages, interests, or claims resulting from the non-processing of a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price that is beyond our control.

Adherence to Legal Requirements:

• In accordance with the applicable law, if a Customer engages in a purchase equal to or exceeding INR 2,00,000.00, the Customer will be obligated to upload a scanned copy of their PAN card on the Platform within four days of making the purchase. Failure to do so will result in the cancellation of the Customer’s purchase. The PAN card submission is a one-time requirement, and if the Customer has previously submitted it, there is no need to resubmit. However, any inconsistency between the Customer’s name and the name on the PAN Card will result in the cancellation of the Customer’s order.
• Both the Buyer and Seller are required to adhere to all pertinent laws (including, but not limited to, the Foreign Exchange Management Act, 1999, along with the regulations and notifications issued under it, and the Exchange Control Manual as issued by the Reserve Bank of India periodically, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002 and its corresponding regulations, the Foreign Contribution Regulation Act, 1976, and the associated regulations, the Income Tax Act, 1961, and the related regulations, as well as the Export-Import Policy of the government of India) in the context of utilizing the Payment Facility and our Platform.

Buyer’s arrangement with the Issuing Bank:

• Every valid Credit/Debit/Cash Card, along with other payment instruments, undergoes processing through a Credit Card payment gateway or the appropriate payment system infrastructure. This process is subject to the terms and conditions mutually accepted between the Buyer, the relevant Issuing Bank and the payment instrument provider.
• In the case of Online Bank Transfers from Valid Bank Accounts, these are facilitated using the gateway offered by the respective Issuing Bank, which extends support for Payment Facilities to serve Users. The regulations governing all such Online Bank Transfers through the Payment Facility are based on the terms and conditions established by the Buyer in agreement with the corresponding Issuing Bank.

Customer Conduct

Terms:

• We are committed to fostering diversity, inclusion, and equity while protecting the individuals who engage with us as delivery partners from any form of discrimination. Discrimination based on factors such as race, social origin, caste, ethnicity, nationality, gender, gender identity and expression, sexual orientation, disability, religion or belief, age, or any other grounds is strictly prohibited.
• We retain the right to withhold access to the Platform and restrict Your use of it at our sole discretion if your behaviour towards any delivery partner working with us is discourteous, disrespectful, abusive, or otherwise deemed inappropriate or unlawful.
• It is expected that you treat all delivery partners with courtesy and respect in all your interactions.
• Under no circumstances and for no reasons, including but not limited to race, religion, caste, place of origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristics protected under applicable law, shall discrimination against delivery partners be allowed.

Charges and Fee Policy:

We may impose a nominal fee for accessing and making purchases on the Platform. We retain the right to modify our Fee Policy periodically.

Fee Policy Modifications:

• We reserve the right, at our sole discretion, to introduce new services/fees or modify existing ones on the Platform.
• Changes may involve implementing fees for new services or revising/introducing fees for existing or new services.

Notification of Changes:

• Changes to the Fee Policy will be published on the Platform.
• They will automatically take effect immediately after being posted on the Platform.

Currency and Legal Compliance:

• Unless specified otherwise, all fees will be denominated in Indian Rupees.
• You are solely responsible for ensuring compliance with all relevant laws, including those in India, when making payments to Persistent Digital Commerce Private Limited.

Privacy

Safeguarding your privacy is of paramount importance to us. We unequivocally recognize that both you and your Personal Information are among our most valuable assets. We securely store and process your Information, including any sensitive financial data collected (as defined by the Information Technology Act, 2000), on computers protected by physical and reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and its relevant regulations. Our current Privacy Policy can be accessed at Privacy. If you disagree with the transfer or use of your Information in this manner, please refrain from using the Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

Personal information may be disclosed to third parties. Such disclosure may be necessary to grant you access to our Services, fulfill our legal obligations, enforce our User Agreement, facilitate our marketing and advertising endeavours, or prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We will not divulge your personal information to third parties for their marketing and advertising purposes without your express consent.

We may disclose personal information if required by law or in good faith belief that such disclosure is reasonably essential to respond to subpoenas, court orders, or other legal processes. Personal information may also be shared with law enforcement authorities, third-party rights owners, or others in good faith belief that such disclosure is reasonably necessary to: uphold our Terms or Privacy Policy; address claims of third-party rights violations related to an advertisement, posting, or other content; or safeguard the rights, property, or personal safety of our users or the general public.

In the event that we (or our assets) intend to merge with, be acquired by, or undergo reorganization, amalgamation, or business restructuring with another business entity, we and our affiliates may share or sell some or all of your personal information. Should such a transaction take place, the other business entity (or the newly combined entity) will be obligated to adhere to this privacy policy concerning your personal information.

Contents Posted on the Platform

The Platform contains various forms of user-generated content, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively referred to as “Content”). It’s important to note that this Content is created by third-party users, and the Platform just serves as an intermediary as per these Terms of Use. We do not have control over such user-generated content.

Except as explicitly stated in these Terms of Use, no part of the Platform or its 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, platform, or medium for publication or distribution or for any commercial purpose without our prior written consent.

You are permitted to download the details about the products and services offered on the Platform under the following conditions: 

1. Ensure that you retain any proprietary notices in all document copies. 
2. Utilize this information strictly for personal, non-commercial informational purposes and refrain from copying or sharing it on any networked computer or through any media. 
3. Do not make any alterations to this information. 
4. Avoid providing any additional representations or warranties regarding these documents.

Any content, including notes, messages, emails, reviews, ratings, billboard posts, photos, drawings, profiles, opinions, concepts, images, videos, audio files, or other materials, that you post or transmit to the Platform becomes our property. By posting such Content, you grant us worldwide, perpetual, and transferable rights to utilize that Content. We are authorized to use the Content or its elements in various ways, including promotional and advertising purposes, across all media, both current and future. This usage may involve creating derivative works that incorporate your provided Content. You acknowledge and accept that we may use any Content you post, following our Privacy Policy and Site Rules of Conduct, and you are not entitled to any payment or compensation for such use.

Please be aware that certain content on the Platform may not be appropriate for all viewers. Viewer discretion is advised. Furthermore, some content may not be suitable for children. We recommend that parents and/or legal guardians use caution before permitting their children and/or wards to access content on the Platform.

Policy on Inappropriate Content

We maintain a strict policy against the use of language that is considered racist, hateful, sexually explicit, or obscene when used in public areas. This policy applies to text within product listings, on Seller pages, and all other sections of the Platform that may be visible to other users. In cases where such language is found in a product’s title, Sellers are allowed to partially obscure the offensive word using asterisks (e.g., s*** or f***).

If you come across any violations of this policy, please report them to the appropriate department for review:

• Report offensive Display Names.
• Report offensive language in a listing or any other section.

If profanity is present in feedback comments, communications between users on the platform, or email exchanges related to platform transactions, review our feedback removal policy and submit a request for appropriate action or removal. Consequences for non-compliance may include permanent account suspension, temporary account suspension, or issuance of a formal warning. Violations may result in various consequences, including restrictions on account privileges, loss of special user status, temporary account suspension, or formal warnings. We evaluate reported policy violations, considering the user’s trading history, before deciding on appropriate measures. For product reviews, offensive language may lead to review removal, and if a review unfairly impacts a product or artificially enhances its popularity, the review may be deleted. We reserve the right to blacklist customers at our sole discretion, preventing them from posting further reviews.

Email Abuse & Threat Policy

Email communication, including private exchanges, is not directly governed by us. Nonetheless, we strongly encourage all our Users to engage in email correspondence with professionalism, courtesy, and respect.

However, we reserve the right to investigate and address specific types of unsolicited emails that violate our established policies. These types of emails include:

• Threats of Physical Harm: We strictly prohibit the Users from sending explicit threats of physical harm to others.
• Misuse of our Communication System: While we permit Users to facilitate transactions through our platform, any misuse of this service will be subject to investigation.
• Spoof or Fake Emails: It’s important to note that we will never request sensitive information through email. If you receive a fake or spoof email, we kindly request that you report it to us using the ‘Contact Us’ tab.
• Spam (Unsolicited Commercial Email): Our spam policy relates to unsolicited commercial messages sent by Platform’s Users. Users are prohibited from sending spam messages to others.
• Offers to Buy or Sell Outside the Platform: Sending email offers to buy or sell products listed on the Platform outside our platform is strictly forbidden. Such offers pose a potential risk of fraud to both Buyers and Sellers.

This policy also covers threats of physical harm exchanged between Users through various means, including email, phone, and public message boards.

Violations of this policy may lead to various actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

We take the safety and well-being of our Users very seriously and will enforce this policy to maintain a respectful and secure environment for all. 

Disclaimer of Warranties and Liability

Please note that the Platform, along with all materials, products (including software), and services offered through this site, are provided on an “as is” and “as available” basis. This means they are available without any express or implied representation or warranties unless otherwise specified in writing. To clarify:

• We do not guarantee that this Platform will always be available or available at all times.
• We cannot ensure that the information on this Platform is always complete, true, accurate, or free from any misleading information.
• We bear no liability to You in any concerning the Platform’s content, use, or any other connection to it. Additionally, we cannot assure that this site, the information, content, materials, products (including software), or services available on the Platform, their servers, or electronic communications sent from Us, will always be free from viruses or other harmful elements.

We are not liable to You in any way concerning the Platform’s content, use, or any other connection to it. We also cannot guarantee that this site, the information, content, materials, products (including software), or services available on the Platform, their servers, or electronic communications sent from Us, will always be free from viruses or other harmful elements.

It’s important to understand that nothing on the Platform should be considered as advice of any kind. All products sold on the Platform are subject to various state laws. If a Seller is unable to deliver a product due to state-specific legal implications, the Seller will either refund or provide a credit for the amount (if any) that was received in advance for the sale of such undeliverable product.

When placing an order on the Platform, you must provide a valid phone number. By registering your phone number with us, you agree to allow us to contact you via phone calls, SMS notifications, mobile applications, or any other electronic communication method for order, shipment, or delivery updates.

Exchange Offers:

By participating in the exchange, I affirm that I am the sole and absolute owner and/or user of the mentioned product (device).

I confirm that all data on the device will be completely erased before I hand it over as part of the buyback program. I also acknowledge that if any data remains accessible due to technical reasons despite manual or electronic erasure, pehchankidukan.in, the Seller, or the manufacturer will not be held responsible, and I will not request data retrieval from pehchankidukan.in.

I confirm that the device I’m exchanging under the buyback program is genuine, free from any encumbrances, legal disputes, liens, or agreements of sale and that I have clear ownership of the device.

I hereby consent to the processing, transfer, and retention of my personal information provided in connection with this buyback program by the retailer and other entities responsible for program management, for the purpose of validating the information provided and program administration.

I understand that once I send a device to Persistent Digital Commerce Private Limited, it cannot be returned to me under any circumstances.

I am aware that the new device delivery and old device pickup will occur simultaneously, and I will have the old device ready for exchange.

I agree to indemnify and continue to indemnify pehchankidukan.in and any future buyer of the old device against any and all third-party claims, demands, costs, and expenses, including attorney fees, that pehchankidukan.in, its affiliates, or any future buyer may experience or incur due to my use of the device up to the present, and I commit to rectify any such claims.

Products distributed as gifts from state-sponsored or NGO-funded distribution programs are not accepted for exchange under exchange offers.

Buyer Protection Program

In instances where the Seller is unable to offer a refund or replacement, we take an active role in finding a resolution.

The Buyer Protection Program is in place to assist Buyers who cannot reach a satisfactory resolution with the Seller or are dissatisfied with the Seller’s proposed solution.

If a Buyer’s issue with the Seller remains unresolved, the Buyer can contact us through this link: https://www.pehchankidukan.in. Our Customer Support team will investigate the matter to assess the possibility of any fraudulent activity and whether the Buyer has been blacklisted or/restricted from making further purchases on the Platform. Only after these factors are verified can a dispute be officially registered.

Please note that the Customer Support team’s role is to facilitate communication between the customer and the Seller. They do not arrange conference calls.

Once a dispute has been raised, we may provide both parties with access to each other’s Display Names, and contact details, including email addresses, and other pertinent information related to the dispute. Any resolutions between Buyers and Sellers are subject to final approval from us.

Buyer Eligibility and Restrictions

The Buyer Protection Program is exclusively available to those who have made a purchase on the Platform.

Buyers have a 7-day window from the product’s delivery date to file a dispute.

Buyers who have been blacklisted or blocked are not covered by the Buyer Protection Program. Additionally, Buyers who have reached their maximum yearly claim limit are ineligible. Each Buyer is limited to a maximum of 5 claims per year on the Platform, and withdrawn claims are not counted. The maximum coverage amount is Rs. 20,000/-

Please note that any damage or loss to the product that occurs after delivery is not covered by this program and remains the sole responsibility of the Buyer. If the item arrives damaged, Buyers should refuse to accept the delivery.

Filing disputes against Sellers does not automatically entitle the Buyer to a refund or replacement. We will validate the raised disputes and process only those that are found to be genuine and valid.

It’s important to be aware that fraudulent charges and claims are not eligible for coverage under the Buyer Protection Program.

To utilize the Buyer Protection Program, Buyers must first attempt to resolve the issue by contacting the Seller. If there is no response from the Seller or if the issue remains unresolved even after contact, Buyers can initiate a dispute by reaching out to us through this link: https://www.pehchankidukan.in/helpcentre.

If a Buyer has already initiated a chargeback through their credit card issuing bank, they will not be eligible for this program; however, in such cases, the Seller can file a claim through the Seller Protection Program.

The Buyer Protection Program does not provide any guarantee or warranty to Buyers for products purchased on the Platform against technical or manufacturing defects.

We shall not be held responsible for any direct or indirect losses, expenses, or costs incurred by Buyers or Sellers.

Claims related to ‘Buyer remorse’—instances where products are mistakenly bought or where the Buyer changes their mind about the purchased product—will not be considered under this program.

Decisions made by us under the Buyer Protection Program are final and binding for Users.

Through this program, we will not entertain claims from Buyers who have incurred losses due to delayed shipment or delivery by the Seller.

Our Customer Support Team may request additional information or clarification from the Buyer to aid in resolving disputes. If the Buyer does not respond with the requested information within 7 days of the request, the dispute will be automatically closed in favour of the Seller.

We retain the right to initiate civil and/or criminal proceedings against Users who submit invalid or false claims or provide misleading or incomplete information. In addition to these legal proceedings, we may, at our discretion, suspend, block, restrict, or cancel the Display Name and related Display Names of such Users, and disqualify them from availing protection through this program.

We reserve the right to modify or discontinue the Buyer Protection Program without prior notice to the Users.

Replacement Guarantee

The aim of our Replacement Guarantee is to aid Buyers who have been deceived by eligible sellers on the Platform. The duration of the return policy varies based on the product category and the seller. For information on the applicable return policy period for different categories, please click here. 

If any defect is detected during delivery and/or within the applicable return policy period, the buyer of the product/s may request the seller to replace the defective product/s, subject to the following terms and conditions:

• Notify the seller of any defects in the product/s at the time of delivery or within the applicable return policy period, and the seller will replace the defective product/s.
• Replacement may be for the entire product/s or specific part/s, contingent upon availability with the seller.

Certain products are not eligible for return or replacement, including but not limited to:

a. Damages resulting from product misuse

b. Incidental damage due to product malfunction

c. Consumable items that have been used or installed

d. Products with altered or missing serial/UPC numbers

e. Digital products/services;

f. Damages/defects not covered by the manufacturer’s warranty

g. Products returned without all original packaging and accessories, including the box, manufacturer’s packaging, if applicable, and all other items originally included with the delivered product/s.

Original tags and packaging must remain intact. Branded packaging should be undamaged.

To understand the return policy period for different categories, please refer to this link.

If we suspect or have knowledge that any of our buyers or sellers are involved in activities that entail false or misleading claims or information, we, while retaining the right to initiate civil and/or criminal proceedings against such members, may also, at its discretion, suspend, block, restrict, or cancel the Display Name of such buyers and sellers. 

Additionally, we may disqualify the user and any related users from availing protection through this program. Customers who have been blocked due to suspicious or fraudulent activity on the Platform will not be permitted to return their products.

We reserve the right to commence civil and/or criminal proceedings against a user who submits an invalid or false claim or provides false, incomplete, or misleading information. In addition to these legal actions, we may, at our sole discretion, suspend, block, restrict, or cancel the Display Name [and related Display Names] of the user. We may also disqualify the user and any related users from accessing protection through this program. 

Any person who knowingly and with the intent to injure, defraud, or deceive files a Fraudulent Complaint containing false, incomplete, or misleading information may be subject to criminal prosecution to the fullest extent of the law.

For further information regarding the Replacement Policy, please refer to the following link: [insert link to Replacement Policy].”

Disputes (Resolutions) Policy

Overview

In most cases, transactions on the Platform proceed smoothly. Nevertheless, there are instances where both Buyers and Sellers encounter issues. We have a Dispute Resolution process in place to address and resolve disputes between Buyers and Sellers.

Definition of ‘dispute’

A ‘Dispute’ refers to a disagreement between a Buyer and a Seller regarding a transaction on the Platform.

Occurrence of a ‘dispute’ in the Marketplace

Disputes arise when a Buyer and a Seller disagree on the resolution of their complaint or issue. Both parties may not be entirely satisfied with the outcome, leading to the filing of a dispute.

Prior to raising a dispute, it is essential for the Buyer/Seller to attempt to resolve the issue. It should be noted that once a Buyer raises a dispute, the payment to the Seller for that specific order is immediately put on hold until the matter is resolved.

Process of initiating a ‘dispute’

If there is a disagreement, the Buyer can reach out to us through this link: https://www.pehchankidukan.in/helpcentre, while the Seller can contact support@pehchankidukan.in to raise a dispute. Disputes can be initiated at a particular transaction level.

What are the various types of ‘disputes’?

Here are some typical examples of potential disputes:

• Receiving the wrong item
• Item not matching the description
• Product arrived damaged or with a broken seal
• Missing parts or accessories
• Compatibility issues with the item
• Seller’s description or specifications were inaccurate
• Functional defects or malfunctions in the product
• Product not working, and the manufacturer claims the invoice is invalid

If the Seller declines the Buyer’s return request, and the Buyer proceeds to raise a dispute, we will step in to mediate and help resolve the dispute between both parties. Should the resolution favour the Buyer, a refund will be issued once the product is returned to the Seller. Conversely, if the dispute is settled in the Seller’s favour, the Buyer will not be entitled to a refund.

Disputes via Chargeback

When a chargeback (CB) is initiated through a payment gateway or bank, the following scenarios may unfold:

• Item Not Received CB: In this case, the Buyer claims they haven’t received the item. A refund will be processed as per the dispute policies.
• Unauthorized CB: This occurs when the Buyer denies making a specific transaction. The refund process will align with the dispute policies.

It is explicitly agreed that the Seller bears the responsibility of issuing correct and complete invoices. Additionally, the Seller must ensure that invoices display “Powered by PehchanKiDukan.” Failure to comply with this requirement may result in chargebacks being applied, as applicable.

• Item Not as Described: This refers to a situation where the item received does not match the Buyer’s expectations. Dispute resolution will be guided by the dispute policies.

Return Policy

Definition: ‘Return’ refers to the action of giving back an item purchased by the Buyer to the Seller on our Platform. Situations giving rise to a return request include defective items, damage during shipping, missing products, or receiving the wrong item from the Seller. Returns may result in a refund of the purchase price.

Important Points to Consider:

• Sellers can choose to accept returns even if it goes against their policies.
• If a Seller disagrees with a return request, the Buyer has the option to file a dispute under the Buyer Protection Program*.

We encourage Buyers to carefully review product listings before making a purchase decision. If a Buyer orders the wrong item, they may not be entitled to a return or refund.

The Buyer must initiate a return request within the applicable return period for the specific product. Once a return request has been made by contacting us, the Seller can choose one of the following options when closing the return ticket:

• Replace after shipment collection: The Seller agrees to wait for the logistics team to collect the shipment from the buyer before replacing it.
• Replace without shipment collection: The Seller agrees to replace the order without requiring the return of the original shipment.
• Refund after shipment collection: The Seller agrees to wait for the logistics team to collect the shipment from the buyer before issuing a refund.
• Refund without shipment collection: The Seller agrees to refund the buyer without requiring the return of the original shipment.
• On certain select days as specified by us, separate policies may be applicable.

If the Seller approves the return request initiated by the Buyer, the Buyer must return the product before the refund is credited to their account.

If the Seller does not resolve the request within 2 days of being informed of the refund request, the refund will be processed in favour of the Buyer.

Furthermore, for returns initiated by the Buyer to the Seller, specific parameters must be met by the Buyer:

Category	Condition
Electronics	Should be undamaged and returned with the original packaging
Beauty, Health & Personal Care	Should be “New & Unopened”
Sports & Equipment	Should be “New” and returned with the original packaging
Office Products	Should be “New” and returned with the original packaging

If the returned product does not meet the criteria mentioned above, the Buyer will not qualify for a refund from the Seller.

The expenses associated with returning the product, including shipping costs, will be the responsibility of and covered by the Seller.

Replacement Policy

Definition: Replacement is the act of substituting one item for another. A Buyer can request a replacement if they are not satisfied with the product due to reasons such as shipping damage, a defective item, missing items, or receiving the wrong product.

Important Points to Consider:

• The Seller has the option to accept a return, regardless of the policy.
• If the Seller declines a return request, the Buyer can initiate a dispute under the Buyer Protection Program*.

The Buyer must initiate the replacement request within the specified return period for the product. To do so, the Buyer can contact us through the Number provided on the Platform. Once the replacement request is made, the following steps will be taken:

The Buyer is asked to provide the “Reason for Return,” with options including:

• Shipping damage
• Defective item
• Dead on Arrival
• Missing item(s)
• Wrong item sent

An intimation will be provided to the Seller to either “approve” or “reject” the replacement request.

If the Seller approves the replacement request, the Buyer must return the product to the Seller. Once the product is returned, the Seller will provide the replacement product to the Buyer.

If the Seller rejects the replacement request, the Buyer can opt to initiate a dispute by contacting us through this link: https://www.pehchankidukan.in.

If the Seller does not have the product available, they can offer a refund to the Buyer, and the Buyer must accept the refund in place of a replacement. All product criteria must be adhered to in replacement cases.

If the Seller does not respond to the Buyer’s replacement request within two (2) days from the date of the request, a refund will be processed in favour of the Buyer, and the Seller is responsible for refunding the amount paid by the Buyer.

All shipping and other replacement-related charges will be the responsibility of the Seller.

Other Businesses

We cannot be held responsible or liable for the actions, products, content, and services provided on the Platform through links to Affiliates and third-party Platforms that use the Platform’s APIs or any other means. Additionally, the Platform may contain links to third-party Platforms operated by our affiliated companies and other businesses. In these cases, we assume no responsibility for the assessment or evaluation of the products and services offered by these entities.

We do not guarantee the offerings of these businesses or individuals or the content found on such third-party Platforms. We do not endorse or support any third-party Platforms or their content in any manner.”

Getting in Touch with the Seller

Our commitment is to facilitate amicable resolutions for disputes between sellers and buyers through the dispute resolution mechanisms and procedures mentioned above. Nevertheless, should a buyer wish to establish contact with the seller, they have the following options:

• Access the seller’s contact information, which is provided by the sellers on their product listing pages.
• Alternatively, buyers can reach out to our customer support team or visit our help centre at https://www.pehchankidukan.in.

Trademarks, Copyrights, and Usage Limitations

Persistent Digital Commerce Private Limited exercises control and management over this Platform, with products being vented by respective Sellers. All content on this site, which includes images, illustrations, audio clips, and video clips, is safeguarded by copyright, trademark, and additional intellectual property rights. The content on the Platform is exclusively intended for your personal, non-commercial use. You are expressly prohibited from copying, duplicating, republishing, uploading, posting, transmitting, or disseminating such material through any means, whether direct or indirect, including via email or other electronic methods. Moreover, you are prohibited from assisting any other individual in doing so. Modifying the materials, employing the materials on any other platform or networked computing environment, or using the materials for any purposes other than personal, non-commercial use, without prior written consent from the owner, constitutes an infringement of copyrights, trademarks, and other proprietary rights and is strictly forbidden. Any form of use that results in your receipt of compensation, whether monetary or otherwise, is considered a commercial use under this provision.

Trademark complaint

We respect the intellectual property of others. If you believe that your Trademark has been violated, please don’t hesitate to reach out to us at support@pehchankidukan.in. 

Indemnification

You agree to indemnify and hold Persistent Digital Commerce Private Limited, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees harmless from any claims, demands, actions, including reasonable attorneys’ fees, brought by third parties or penalties imposed due to or arising from your violation of this Terms of Use, Privacy Policy, and other Policies, or your infringement of any law, rules, regulations, or the rights (including intellectual property rights) of a third party.

Product Description

We cannot guarantee the accuracy, completeness, reliability, currentness, or absolute absence of errors in the Product description or other content on this Platform. In this regard, we shall accept no liability.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Gwalior.

Jurisdictional Matters/Sales Limited to India

Unless explicitly stated otherwise, the material available on the Platform is exclusively intended for sale within India. We do not assert that the material on the Platform is suitable or accessible for use in locations or countries other than India. Users who opt to access this site from places or nations other than India do so at their own discretion, and we shall bear no responsibility for the supply of products, refunds for products ordered from locations or countries outside India, or ensuring compliance with relevant local laws, should they apply.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PERSISTENT DIGITAL COMMERCE PRIVATE LIMITED BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

For any inquiries or comments (including all matters unrelated to copyright infringement) concerning this platform, please get in touch with us using the following link: https://www.pehchankidukan.in.”

Grievance Officer

In compliance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

Mr. Prashant Singh Hada,

Persistent Digital Commerce Private Limited,

44 – B, New Nehru Colony, Thatipur

Gwalior – 474011, Madhya Pradesh, India

Email: support@pehchankidukan.in