This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents or others as defined in the said Act are not eligible to use the Website or its services. If You are a minor under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the website. Any/all use of the Website by a minor may be made only by a legal guardian or parent. Party Zebra reserves the right to terminate any membership and/or refuse to provide You with access to the Website if it is brought to Our notice or if it is discovered that you are a minor as defined in the Contracts Act, 1872.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to interact with one another for their transactions. Party Zebra is not, and cannot, be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Users who are buyers (hereinafter “Buyer” or “Buyers”) and/or Users who are sellers (hereinafter “Seller” or “Sellers”) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Party Zebra does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller and not by Party Zebra.
2. Party Zebra does not make any representation or Warranty as to specifics (such as quality, value, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Party Zebra does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Party Zebra accepts no liability for any errors or omissions, whether on behalf of itself, or third parties.
3. Party Zebra is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Party Zebra cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Party Zebra shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. Party Zebra does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in any transaction.
5. Party Zebra does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Sellers to Buyers.
6. At no time shall Party Zebra hold any right, title or interest over the products nor shall Party Zebra have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Party Zebra is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Party Zebra is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
8. At no time shall Party Zebra hold any right, title or interest over the products nor shall Party Zebra have any obligations or liabilities in respect of such aforesaid contract.
9. Party Zebra is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
10. Buyers shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that Buyers transact with.
11. Party Zebra is not responsible for the pricing on any product(s) as is reflected on the Website. If due to any technical issue, typographical error or any other reason, product information published by Seller is incorrectly reflected, Party Zebra is not responsible for the same and the Seller may cancel Your order(s).
12. You release and indemnify Party Zebra and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Party Zebra cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for Buyers. Party Zebra does not charge any fee for browsing and buying on the Website. Party Zebra reserves the right to change its Fee Policy from time to time. In particular, Party Zebra may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Party Zebra reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Party Zebra Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (hereinafter, collectively or in part, "Content");
2. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a) belongs to another person and to which You does not have any right;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) is misleading in any way;
d) is patently offensive to the online community, such as sexually explicit Content, or Content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e) harasses or advocates harassment of another person;
f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights in any patent, trademark, copyright or other proprietary rights or third party's trade secrets or shall not be fraudulent or involve the sale of counterfeit or stolen products; rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m) contains video, photographs, or images of another person (with a minor or an adult).
n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
q) interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
s) harm minors in any way;
t) violates any law for the time being in force;
u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
v) impersonate another person;
w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
y) shall not be false, inaccurate or misleading;
z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
aa) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
4. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
5. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms PATS India, party zebra, partyzebra.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Party Zebra or sellers on platform or otherwise tarnish or dilute any Party Zebra's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Party Zebra's systems or networks, or any systems or networks connected to Party Zebra.
7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
10. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
12. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
15. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
16. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
17. Party Zebra shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Party Zebra does not warrant that:
1. This Website will be constantly available, or available at all; or
2. The information on this Website is complete, true, accurate or non-misleading.
Party Zebra will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Party Zebra does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Party Zebra reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Party Zebra liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Party Zebra's Website.
You understand, accept and agree that the payment facility provided by Party Zebra is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Party Zebra Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Party Zebra is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
1. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
2. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch/Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
3. You, as a Buyer, shall electronically notify Payment Facility using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
4. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
5. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
6. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
7. For Cash On Delivery transactions, refunds, if any, will be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI), the later of, 10 business days after the necessary banking/account details are provided by the Buyer, or 10 business days after the necessary processing of the refund.
8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees subject to any applicable adjustments.
9. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
10. Refund shall be conditional and shall be with recourse available to Party Zebra in case of any misuse by Buyer.
11. Refund shall be subject to Buyer complying with Policies of Party Zebra and any other policies made available to the Buyer directly or through the Website.
Party Zebra reserves the right to impose limits on the number of Transactions or Transaction Price which Party Zebra may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Party Zebra reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Party Zebra or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Party Zebra may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Party Zebra. As a result of such check if Party Zebra is not satisfied with the creditability of the Buyer or genuineness of the Transaction/Transaction Price, it will have the right to reject the receipt of/Buyers commitment to pay Transaction Price.
Party Zebra may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Party Zebra deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Party Zebra may hold Transaction Price and Party Zebra may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Party Zebra will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Party Zebra.
Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Party Zebra Website.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Returns and Replacement Policy
Party Zebra's returns processing seeks to assist Buyers who have purchased and received a product(s) made available by the seller for sale on the Website (“Product” or “Products”) and wishes to return eligible Products.
'Return' is defined as the action of giving back the Product purchased by the Buyer to the Seller on the Website.
‘Replacement’ is the action or process of replacing something in place of another.
A Buyer can request for return/replacement of the purchased Product only if:
1. The Product is unopened and unused
2. The Product is defective/damaged
3. Product(s) was/were missing
4. Wrong Product was sent by the Seller
5. Unsatisfactory Products - Inauthentic/Low Quality/Expired
Points to be noted:
1. Seller can always accept the return/replacement irrespective of the policy.
2. Some Products sold on the Website cannot be returned/replaced. We encourage the Buyer to review the listing before making the purchase decision. In case the Buyer orders a wrong item or orders an item that is not eligible for return/replacement, the Buyer shall not be entitled to any return/replacement/refund.
3. Buyer needs to return/request replacement of any purchased Product within, the later of, 3 days of the date of receipt of the Product or the return period identified on the Website for each Product listed therein.
4. For Returns:
· Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
· For Cash On Delivery transactions, refunds, if any, will be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI), 10 business days after the necessary banking/account details are provided by the Buyer).
· Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees subject to any applicable adjustments
· For electronics payments, refund shall be made through payment facility using NEFT /RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
5. Refund/replacement shall be conditional and shall be with recourse available to Party Zebra in case of any misuse by Buyer.
6. Refund/replacement shall be subject to Buyer complying with Party Zebra Policies.
7. Once Buyer has raised a return/replacement request, the following steps shall be followed:
· Buyer is asked for "Reason for Return/Replacement" - the Product is unopened and unused; the Product is defective/damaged; Product(s) was/were missing; wrong Product was sent by the Seller.
· An intimation shall be provided to the Seller seeking either "approval" or "rejection" of the request.
· In case the Seller accepts the return/replacement request, Buyer shall be required to return the product to the Seller and only after return of the Product in conformance with the conditions listed hereinbleow, Seller shall be obliged to issue a refund to the Buyer or send a replacement Product to the Buyer, as applicable.
· Incase Seller rejects the return/replacement request, Buyer can choose to raise a dispute by writing to email@example.com giving details of the order and the return request.Party Zebra shall endeavour to respond to such emails within 48 hours of receipt.
· In case the Seller doesn't pick up the item from the Buyer within three (3) days from the date of the return/replacement request, Buyer can choose to raise a dispute by writing to firstname.lastname@example.org giving details of the order and the request.Party Zebra shall endeavour to respond to such emails within 48 hours of receipt.
· For returns/replacement request being made by Buyer to the Seller of the product, the returned Product(s) should be unopened and "UNUSED" and returned with original packaging, otherwise the Buyer shall not be entitled to any refund of money or replacement of the Product (as applicable) from the Seller.
· Shipping cost for returning the product shall be borne and incurred by the Seller. However, shipping cost/s associated with purchasing the product shall be borne and incurred by the Buyer and shall not be refunded.
· In case of returns where you would like item(s) to be picked up from a different address, the address can only be changed if pick-up service is available at the new address.
At any time after delivery and within the applicable return period stated hereinabove, if any defect is found, then the Buyer of the Product(s) can ask for a refund or replacement of the Product(s) from the Seller, subject to:
1. Notifying the Seller of any defects in the Product(s) within the applicable return period;
2. The Product(s) meeting the pick-up conditions identified hereinabove;
3. For returns, any applicable refund will be processed once the returned Product has been received by the seller;
4. For replacement, the replacement Product(s) will be shipped subject to availability of the same with the Seller, otherwise a refund will be processed;
5. The following products not being eligible for return or replacement:
· Damages due to misuse of product;
· Incidental damage due to malfunctioning of product;
· Any consumable item which has been used/installed;
· Products with tampered or missing serial/UPC numbers;
· Any damage/defect which are not covered under the manufacturer's warranty;
· Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
· Jewellery which is 'made to order' on customer's request.
The return and replacement policy period depends on the product category and the seller, and all products listed under a particular category may not have the same return/replacement period. Kindly check the respective item's applicable return/replacement policy on the product page for any exceptions to the table below.
The general return/replacement policy and return period is within 5 days of the date of delivery, so long as the Product is unopened and unused; defective/damaged; missing items and/or the wrong Product sent by the Seller and with all original tags and packaging still attached.
During pick-up, your Product will be checked for the following conditions:
1. Correct Product- IMEI/ name/ image/ brand/ serial number/ article number/ bar code should match and MRP tag should be undetached and clearly visible.
2. Complete Product - All in-the-box accessories (like kits etc.), freebies and combos (if any) should be present.
3. Unused Product - The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable).
4. Undamaged Product - The product should be undamaged and without any scratches, dents, tears or holes.
5. Undamaged Packaging - Product's original packaging/ box should be undamaged.
The field executive may refuse to accept the return if any of the above conditions is not met.
If Party Zebra has suspicion or knowledge, that any of its Buyers and/or Sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Party Zebra may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
Party Zebra reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Party Zebra may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Party Zebra makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Party Zebra is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Party Zebra and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Party Zebra respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Party Zebra at email@example.com.
Party Zebra does not warrant that Product description or other Content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
PATS India Pvt Ltd.
90/31B, First Floor, Malviya Nagar, New Delhi, Delhi 110065
Phone: +91 - 9999361267
Party Zebra prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Party Zebra will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including, limits placed on account privileges; Loss of special status; Account suspension.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on partyzebra.com. However there may be some cases where both the Buyers and Sellers may face issues. At Party Zebra, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to firstname.lastname@example.org, while the Seller can write to email@example.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or Seal broken on Product
4. Part/Accessory missing
5. Item not Compatible
6. Seller Description/Specification Wrong
7. Defective (Functional issues)
8. Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Party Zebra will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
In case of a dispute where the Seller is unable to provide a refund or a replacement, we will actively work towards reaching a resolution.
The Buyer can write to firstname.lastname@example.org if the issue with the Seller is not resolved. Our Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
Buyer Eligibility and Restrictions
1. Buyers can file a dispute within 30 days from the date of delivery of the product.
2. Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility.
3. Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Party Zebra by writing an email to email@example.com
4. Fraudulent charges and claims are not covered.
5. If the Buyer has already initiated chargeback through the credit card issuing bank, Party Zebra will not intervene, though in such cases a Seller can file a claim separately.
6. Blacklisted and Blocked Buyers are not eligible.
7. Buyers can make a maximum of 5 claims per year. If the claim was withdrawn, it is not counted.
8. We do not provide any guarantee/warranty to Buyers for Products sold on partyzebra.com against technical/manufacturing defects.
9. Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Party Zebra shall verify the disputes so raised and may process only such claims that are valid and genuine.
10. Party Zebra shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
11. Party Zebra reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Party Zebra may at its sole discretion suspend, block, restrict, cancel the Display Name (and related Display Names) of such User and/or disqualify that User and any related users from availing protection through this program.
12. Decisions made by Party Zebra shall be final and binding on its Users.
13. Party Zebra reserves the right to modify these policies without any prior notice period to its Users.
Party Zebra shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
Party Zebra Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 7 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies.
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Party Zebra. Party Zebra encourages its Users to be professional, courteous and respectful when communicating by email.
However, Party Zebra will investigate and can take action on certain types of unwanted emails that violate Party Zebra policies.
1. Threats of Bodily Harm - Party Zebra does not permit Users to send explicit threats of bodily harm.
2. Misuse of the Website - Party Zebra allows Users to facilitate transactions through the Website and relates systems, but will investigate any misuse of this service.
3. Spoof (Fake) email - Party Zebra will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
4. Spam (Unsolicited Commercial email) - Party Zebra's spam policy applies only to unsolicited commercial messages sent by Party Zebra Users. Party Zebra Users are not allowed to send spam messages to other Users.
5. Offers to Buy or Sell Outside of partyzebra.com - Party Zebra prohibits email offers to buy or sell listed products outside of the Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
6. Party Zebra policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
1. Limits on account privileges
2. Account suspension
3. Cancellation of listings
4. Loss of special status
Party Zebra does not take responsibility or liability for the actions, products, Content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Party Zebra assumes no responsibility for examining or evaluating the products and services offered by them. Party Zebra does not warrant the offerings of, any of these businesses or individuals or the Content of such third party website(s). Party Zebra does not endorse, in any way, any third party website(s) or Content thereof.
Infringement Verification - Reporting Violations
Party Zebra has put in place an infringement verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Our interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through our infringement verification process. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us. If your listing was removed through our infringement verification process, and you believe that your listing was removed in error, please contact us.
Party Zebra does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Party Zebra is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Party Zebra.
To report a violation and/or a listing issue, We require only that You fully complete and email Us at firstname.lastname@example.org a “Notice of Infringement” form (as shown below) specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Party Zebra to easily identify the material or listing to be ended.
You shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
Notice of Infringement
PATS India Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Annexure to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
When identifying item numbers please use one of the Reasons Codes below. When removing products from the site, Party Zebra will inform Sellers of the specific reason for the removal of their products.
· TM 001 - Trademark owner doesn't make this type of product or has discontinued the production of the product
· TM 002 - Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
· TM 003 - Trademark-listing description infringement
· TM 004 - Listing(s) has unlawful comparison to trademark owner's brand or product
· TM 005 - Listing(s) contains unlawful use of trademark owner's logo
· CP 001 - Item(s) is unlawful duplication of printed material
· CP 002 - Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
· CP 003 - Listing(s) comprises unauthorized copy of copyrighted text
· CP 004 - Listing(s) comprises unauthorized copy of copyrighted image
· CP 005 - Listing(s) comprises unauthorized copy of copyrighted image and text
· PT 001 - Item(s) is unlawful use, sale, offer for sale, importation of a product covered by an Indian Patent.
Reason Code: ___________________________________________________
Trade Mark/Copyright Registration or Patent Number: ____________________________
Please provide evidence of ownership of Trademark/Copyright/Patent (The applicable Registration Certificate should be in the name of applicant)
Work(s) infringed: ___________________________________________________
Item Number(s): ___________________________________________________