Terms of use

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean SmackDeal.com, its franchiser, affiliates and partners.

Introduction:

1. www.smackdeal.com website (“Website”) is an Internet based content and e-commerce portal operated by AR Solutions, a company incorporated under the laws of India.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.smackdeal.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SmackDeal.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SmackDeal.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

2. Services Offered:

SmackDeal.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. (collectively, “Products”). Upon placing an order, SmackDeal.com shall ship the product to you and be entitled to its payment for the Services.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SmackDeal.com the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that SmackDeal.com name is stated as the source and prior written permission of SmackDeal.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India and
10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
11. Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about SmackDeal.com, its associates and partners on any property owned by SmackDeal.com.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by SmackDeal.com.

Exactness Not Guaranteed:

SmackDeal.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from ebaystore.in will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. ebaystore.in may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be canceled and you will be fully refunded via your initial method of payment.

Intellectual Property Rights:

1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SmackDeal.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyper links. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SmackDeal.com without obtaining authorization from SmackDeal.com.

2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links To Third Party Sites:

The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of SmackDeal.com or the Website and SmackDeal.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SmackDeal.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. SmackDeal.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SmackDeal.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation Of Liability:

SmackDeal.com has endeavored to ensure that all the information on the Website is correct, but SmackDeal.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall ebaystore.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user’s transmissions or data;(c) any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall ebaystore.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, ebaystore.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond ebaystore.in control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification:

You agree to indemnify, defend and hold harmless SmackDeal.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SmackDeal.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at SmackDeal.com discretion.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon SmackDeal.com’s shipment to the shipping carrier.

Delivery:

SmackDeal.com will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts SmackDeal.com reserves the right to cancel the order(s) at its discretion.

An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to

1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances

In such cases, we will pro actively reach out to you. Please check your emails and SMS regularly for such updates.

Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully canceled.

“The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course being a separate chargeable facilities”

Post Delivery:

Returns and Exchange conditions:

SmackDeal.com will accept Return or Exchange only if the following conditions are met.

1. The tags on the product should be intact.
2. The product should be unwashed, unused and in an undamaged condition.
3. The item needs to be returned along with the original packaging.
4. Request for return is made with 48 hours of receiving the product by you.

SmackDeal.com will accept Return or Exchange only if the following conditions are met.

1. Request for return is made after 48 hours of receiving the product by you.
2. Product is used or is not in its original condition. The product should not be washed or ironed.
3. Products are returned without its original packaging, freebies or accessories.
4. Product was damaged after use/opening.
5. Incidental damage due to malfunctioning of the product.
6. Products like innerwear, freebies, bullion, etc. do not qualify for replacement, exchanges or refund (please refer to relevant FAQ in this regard for complete list).
7. Any consumable item which has been used or installed.
8. Product with tampered or missing serial number/IMEI number/UPC number.
9. Missing manufacturer tag especially in case of apparel and footwear.
10. Any damage/defect which is not covered under the manufacturer’s warranty.

Limitation on refund amount for courier charges

If the customer wants to instant return or return within 30 days, and SmackDeal.com does not offer reverse pickup of the items, the customer can send us the shipment himself/herself. Also, we request the customer to send the scanned copy of the courier slip to  [email protected]   and SmackDeal will refund the amount. SmackDeal.com will refund the courier slip amount or INR 160 per kg, whichever is less. Customers, please ensure that you do not end up paying more than INR 160 per kg for items being returned.

RVP Process:

Limitation on refund amount for courier charges

Please do collect the RVP slip/Written confirmation from the Courier company that the RVP has been done for a particular shipment/order.

RVP slip to be produced in case of discrepancy between customer and our logistics partner

In case of any discrepancy in the status of reverse pick up of a product, (where the customer claims the product has been returned, while our system suggests otherwise) refund will be initiated only if the customer successfully furnishes the RVP slip given at the time of the pick up.

Exchange:

In case of exchange request placed by the customer, the exchange will be done on special price of the item(s) not on MRP.

Termination:

1. SmackDeal.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or SmackDeal.com terminates your use of the Website or any Service, SmackDeal.com may delete any content or other materials relating to your use of the Service and SmackDeal.com will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.