Terms & Conditions
OVERVIEW
Welcome to Bazaar5.com.
"Bazaar5" provide website features and other products and services to
you when you visit or shop at Bazaar5.com, use Bazaar5 products or services,
use Bazaar5 applications for mobile, or use the software provided by Bazaar5 in
connection with any of the foregoing (collectively, "Bazaar5
Services"). Bazaar5 provides the Bazaar5 Services subject to the following
conditions.
PRIVACY
Please review
our Privacy Notice, which also governs
your use of Bazaar5 Services, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you use Bazaar5
Services or send emails, text messages, and other communications from your
desktop or mobile device to us, you may be communicating with us
electronically. You consent to receive communications from us electronically,
such as e-mails, texts, mobile push notices, or notices and messages on this
site or through the other Bazaar5 Services, such as our Message Center, and you
can retain copies of these communications for your records. You agree that all
agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included
in or made available through any Bazaar5 Service, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software is the property of Bazaar5 or its content suppliers and protected
by the India and international copyright laws. The compilation of all
content included in or made available through any Bazaar5 Service is the
exclusive property of Bazaar5 and protected by the India and international
copyright laws.
LICENSE AND
ACCESS
Subject to your
compliance with these Conditions of Use and any Service Terms, and your payment
of any applicable fees, Bazaar5 or its content providers grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and make
personal and non-commercial use of the Bazaar5 Services. This license does not
include any resale or commercial use of any Bazaar5 Service, or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of any Bazaar5 Service or its contents; any downloading,
copying, or other use of account information for the benefit of any third
party; or any use of data mining, robots, or similar data gathering and
extraction tools. All rights not expressly granted to you in these Conditions
of Use or any Service Terms are reserved and retained by Bazaar5 or its
licensors, suppliers, publishers, rightsholders, or other content providers. No
Bazaar5 Service, nor any part of any Bazaar5 Service, may be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Bazaar5. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Bazaar5
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing Bazaar5's name or trademarks without the
express written consent of Bazaar5. You may not misuse the Bazaar5 Services.
You may use the Bazaar5 Services only as permitted by law. The licenses granted
by Bazaar5 terminate if you do not comply with these Conditions of Use or any
Service Terms.
YOUR ACCOUNT
You may need your own
Bazaar5 account to use certain Bazaar5 Services, and you may be required to be
logged in to the account. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
account, and you agree to accept responsibility for all activities that occur
under your account or password. Bazaar5 does sell products for children, but it
sells them to adults, who can purchase with a credit card or other permitted
payment method. If you are under 18, you may use the Bazaar5 Services only with
the involvement of a parent or guardian. Parents and guardians may create
profiles for teenagers in their Bazaar5 Household. Alcohol listings on Bazaar5
are intended for adults. You must be at least 21 years of age to purchase
alcohol or use any site functionality related to alcohol. Bazaar5 reserves the
right to refuse service, terminate accounts, terminate your rights to use Bazaar5
Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews,
comments, photos, videos, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights
(including publicity rights), or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam" or unsolicited commercial electronic messages. You may not
use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. Bazaar5 reserves the right
(but not the obligation) to remove or edit such content but does not regularly
review posted content.
If you do post content
or submit material, and unless we indicate otherwise, you grant Bazaar5 a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, perform, translate, create
derivative works from, distribute, and display such content throughout the
world in any media. You grant Bazaar5 and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Bazaar5 for all claims
resulting from content you supply. Bazaar5 has the right but not the obligation
to monitor and edit or remove any activity or content. Bazaar5 takes no
responsibility and assumes no liability for any content posted by you or any
third party.
INTELLECTUAL
PROPERTY COMPLAINTS
Bazaar5 respects the
intellectual property of others. If you believe that your intellectual property
rights are being infringed, please use our contact us form at
https://bazaar5.com/index.php?route=information/contact to
report listings that you believe violate your intellectual property rights and
we will investigate the matter
RISK OF LOSS
All purchases of
physical items from Bazaar5 are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
RETURNS, REFUNDS
AND TITLE
Bazaar5 does not take
title to returned items until the item arrives at our fulfillment center. At
our discretion, a refund may be issued without requiring a return. In this
situation, Bazaar5 does not take title to the refunded item.
DISCOUNT CODES,
STORE CREDITS AND GIFT CARD
Bazaar5 provides
store credits, Discount codes and Gift Card to the customers during promotional
activities. While placing an order customer can avail only one option (either
Discount Code or Store Credits or Gift Card) and under no
circumstances these cannot be clubbed together.
Note: Bazaar5 reserves the rights at any time, without any prior notice
to add, alter, modify, change or vary all or any on of these terms and
conditions or to replace it as a whole or in a part, or to withdraw it all
together.
PRODUCT
DESCRIPTIONS
Bazaar5 attempts to
be as accurate as possible. However, Bazaar5 does not warrant that product
descriptions or other content of any Bazaar5 Service is accurate, complete,
reliable, current, or error-free. If a product offered by Bazaar5 itself is not
as described, your sole remedy is to return it in unused condition.
PRICING
"List
Price" means the suggested retail price of a product as provided by a
manufacturer, supplier, or seller. We regularly check List Prices against
prices recently found on Bazaar5 and other retailers. Certain products may have
a "Was Price" displayed, which is determined using the recent price
history of the product on Bazaar5.
With respect to items sold by Bazaar5, we cannot confirm the price of an item
until you order. Despite our best efforts, a small number of the items in our
catalog may be mispriced. If the correct price of an item sold by Bazaar5 is
higher than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation. Other merchants may follow different policies in the event of a
mispriced item.
We generally do not charge your credit card until after your order has entered
the shipping process or, for digital products, until we make the digital
product available to you.
SANCTIONS AND
EXPORT POLICY
You may not use any Bazaar5
Service if you are the subject of U.S. sanctions or of sanctions consistent
with U.S. law imposed by the governments of the country where you are using Bazaar5
Services. You must comply with all U.S. or other export and re-export
restrictions that may apply to goods, software (including Bazaar5 Software),
technology, and services.
OTHER BUSINESSES
Parties other than Bazaar5
operate stores, provide services or software, or sell product lines through the
Bazaar5 Services. In addition, we provide links to the sites of affiliated
companies and certain other businesses. If you purchase any of the products or
services offered by these businesses or individuals, you are purchasing
directly from those third parties, not from Bazaar5. We are not responsible for
examining or evaluating, and we do not warrant, the offerings of any of these
businesses or individuals (including the content of their Web sites). Bazaar5
does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review
their privacy statements and other conditions of use.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
The Bazaar5 services
and all information, content, materials, products (including software), and
other services included on or otherwise made available to you through the Bazaar5
services are provided by Bazaar5 on an "As is" and "As
Available" basis unless otherwise specified in writing. Bazaar5 makes no
representations or warranties of any kind, express or implied, as to the
operation of the Bazaar5 services, or the information, content, materials,
products (including software), or other services included on or otherwise made
available to you through the Bazaar5 services unless otherwise specified in
writing. You expressly agree that your use of the Bazaar5 services is at your
sole risk.
To the full extent
permissible by law, Bazaar5 disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Bazaar5 does not warrant that the Bazaar5
services, information, content, materials, products (including software), or
other services included on or otherwise made available to you through the Bazaar5
services, Bazaar5's servers or electronic communications sent from Bazaar5 are
free of viruses or other harmful components. To the full extent permissible by
law, Bazaar5 will not be liable for any damages of any kind arising from the
use of any Bazaar5 service, or from any information, content, materials,
products (including software), or other services included on or otherwise made
available to you through any Bazaar5 service, including, but not limited to
direct, indirect, incidental, punitive, and consequential damages, unless
otherwise specified in writing.
DISPUTES
Any dispute or claim
relating in any way to your use of any Bazaar5 Service, or to any products or
services sold or distributed by Bazaar5 or through Bazaar5.com will be resolved
by binding arbitration, rather than in court, except that you may assert claims
in small claims court if your claims qualify.
APPLICABLE LAW
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. These Terms will be governed by and construed in accordance with the laws of the State of Delhi, India, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delhi, India for the resolution of any disputes.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Bazaar5 Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.