Terms & Conditions -
Cosmosbuy.com and Cosmosbuy and its affiliates provide their services to you subject to the terms and conditions given here under. If you visit us at Cosmosbuy.com, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Cosmosbuy service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Cosmosbuy, whether or not included in Cosmosbuy, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Cosmosbuy. By using the shopping and other services of Cosmosbuy, you agree to be bound by these terms and conditions. All products/services and information displayed on Cosmosbuyconstitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Cosmosbuy reserves the right to accept or reject your offer at any time or under any circumstances.
"Cosmosbuy" means the online shopping platform www.Cosmosbuy.com (site/website), m.Cosmosbuy.com (mobile site/ mobile website) and the Mobile applications/mobile interfaces applications/ apps) and the services provided by it and its affiliates owned and operated by TV18 Home Shopping Network Ltd. which provides a venue / platform to the Users of Cosmosbuy to buy the products listed on Cosmosbuy.
"Vendor" / "seller" /"affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the Cosmosbuy platform.
"Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Cosmosbuy by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Electronic Communication -
When you visit Cosmosbuy or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Cosmosbuy. 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.
Disclaimer of warranties and limitation of liability -
Cosmosbuy has made this service available to use as a matter of convenience. Cosmosbuy expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Cosmosbuy also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. Cosmosbuy does not warrant that these sites/applications, its servers, or e-mail sent from Cosmosbuy are free of viruses or other harmful components. Cosmosbuy will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Cosmosbuy is provided on an "as is" basis without warranties of any kind, whether express or implied. Cosmosbuy does not represent or warrant maintaining the confidentiality of information; although Cosmosbuy's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
Cosmosbuy does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.
Cosmosbuy will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Cosmosbuy assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services.
Any interruption or errors in the operation of the services. You expressly understand and agree that Cosmosbuy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cosmosbuy has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User's conduct and that Cosmosbuy reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Cosmosbuy, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 Cosmosbuy sites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Cosmosbuy therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on Cosmosbuy.
Cosmosbuy shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organizations / manufacturers / shops etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Cosmosbuy.
Notwithstanding anything contained herein, Cosmosbuy acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogs, SMS, online mobile web store, online mobile apps, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Cosmosbuy, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees and Cosmosbuy reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice.The availability of products is subject to change without prior notice at the sole discretion of Cosmosbuy and orders can be cancelled if (i) the product goes out of stock with the Vendor/Seller; (ii) does not comply with restrictions on the number of products a customer can order as per Terms & Conditions of any particular offer/discount on the product extended by the Vendor/Seller; (iii) payment fraud suspicion by our Safety Team and / or on account of any enforcement agency request; (iv) incorrect or incomplete Buyer/Customer's Address; (v) non serviceability of Buyer/Customer's address by courier partners or Vendor/Seller.
Cosmosbuy reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Cosmosbuy the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Cosmosbuy will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Cosmosbuy for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Cosmosbuy on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Cosmosbuy is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Cosmosbuy. Cosmosbuy does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of Cosmosbuy Shopping are being offered free. However, Cosmosbuy reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Cosmosbuy also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.
Cosmosbuy and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Use of the Cosmosbuy 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 minors, Un-discharged insolvents etc. are not eligible to use Cosmosbuy. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Cosmosbuy and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of Cosmosbuy or can use Cosmosbuy as a Guest User. Cosmosbuy reserves the right to terminate your registration and refuse to provide you with access to Cosmosbuy if it is brought to Cosmosbuy's notice or if it is discovered that you are under the age of 18 years.
User agrees, undertakes and confirms that the goods purchased by you by placing an order on various platforms of Cosmosbuy (online web store, call centre, mail order catalogs, SMS, online mobile web store, online mobile apps, etc.), are purchased for personal consumption / use by you and / or your family members and / or your friends and such goods would not be re-sold by you.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo / image of Cosmosbuy on the home page of the websites , mobile site or applications & other pages and as used in the communication to the User is registered by Cosmosbuy and cannot be used or communicated or distributed without the specific and written permission of Cosmosbuy.
License and Site Access -
Cosmosbuy grants you a limited license to access and make personal use of the websites/ mobile sites / applications and not to download (other than page caching) or modify it, or any portion of it, except in case Cosmosbuy gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites/ mobile sites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cosmosbuy. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cosmosbuy and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Cosmosbuy's name or trademarks without the express written consent of Cosmosbuy. Any unauthorized use terminates the permission or license granted by Cosmosbuy. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Cosmosbuy.com as long as the link does not portray Cosmosbuy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Cosmosbuy logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account -
If you use Cosmosbuy, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Cosmosbuy does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Cosmosbuy only with involvement of a parent or guardian or otherwise, Cosmosbuy has the right to cancel any order or service to the User. Cosmosbuy and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Cosmosbuy is associated with various business partners for the supply and service of goods directly to the customers. Cosmosbuy is a marketplace for the products with its business partners. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centers.
Reviews, Comments, Communications, and other Contents -
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property 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." 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. Cosmosbuy 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 Cosmosbuy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensee right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cosmosbuy and its affiliates and sub-licensee 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 Cosmosbuy or its affiliates for all claims resulting from content you supply. Cosmosbuy has the right but not the obligation to monitor and edit or remove any activity or content. Cosmosbuy takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement -
Notwithstanding other legal remedies that may be available to Cosmosbuy, Cosmosbuy may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if:
The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Cosmosbuy.
Memorandum of Understanding
This Memorandum of Understanding (MOU) is made by and between:
Cosmos Buy Limited, a private limited company incorporated under the laws of India having its corporate and registered office at Cosmos Buy Pvt. Ltd, #1149, H.B.C. Sec. 15, Hisar - 125001, Haryana, India operating Cosmosbuy.com (hereinafter referred to as the Cosmos Buy )
The person (sole proprietor/company/partnership firm/limited liability partnership firm) who is accepting the terms and conditions of this MOU either himself or through a duly authorised signatory and who is legally allowed to do business in India (hereinafter referred to as the "the Merchant")
Cosmos Buy and the Merchant are hereinafter individually referred to as Partyand collectively as the Parties.
- The Merchant is in the business of selling products in the categories selected as part of this MOU
- Cosmos Buy is involved in the business of providing e-commerce technology, internet marketing services, customer services, payment services, and fulfilment services to Merchants interested in selling their products on the internet, through the e-commerce technology platform & services offered by Cosmos Buy.
- The Merchant, in view of increasing their sales, is desirous of using the services of Cosmos Buy for selling their products online through Cosmos Buy .com and fulfilment & delivery of the order.
- The Parties are desirous of recording the terms and conditions of their MOU for the purposes set out above subject to provisions and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing and the promises contained herein the Parties, hereto agree as follows:
- Services to be provided by Cosmos Buy :
- Technology services: Cosmos Buy offers an end-to-end E-Commerce technology platform that will allow the Merchant to set-up an online store on Cosmosbuy.com. By doing this Merchant can upload their products on the site, manage various aspects of the online store on self-service basis, and make it available to buyers for purchase. The technology services also include complimentary use of business tools available on Cosmosbuy.com through a specific login to be created by Cosmos Buy for the Merchant.
- Internet Marketing Services: Cosmos Buy runs intensive internet marketing services for the entire marketplace to drive traffic. Cosmos Buy can also run specific internet marketing programs and traffic acquisition plans for the Merchant for a fee as decided by the Cosmos Buy.
- Payment Services: Customers can make payments for their orders at Cosmos Buy using payment options including credit card, debit card, net banking, EMI as well as COD (cash on delivery). Cosmosbuy.com has created a wide network of payment gateways as well as companies handling COD.
- Order Fulfilment: Cosmos Buy shall provide customer support services and shall ensure delivery and completion of the transaction.
- Obligations of the Merchants
- The Merchant shall pay the selling service fee and fulfilment service fee as agreed.
- The Merchant shall create an online catalogue of products and upload product listings in their online store at Cosmosbuy.com. The Merchant acknowledges that he shall be solely responsible for the relevant reference numbers of the products and the Merchant shall create, acquire and upload legitimate and accurate catalogue data.
- The Merchant shall be responsible for maintaining and publishing all information relating to products on their online store and shall have non-exclusive right to display, advertise and offer for sale its products on the online platform. The product sold by the Merchant is genuine and new and is not old/used one or a counterfeit product.
- The Merchant shall ensure that the quality of the products is genuine, brand new, and they are legally allowed to be sold in India by the Merchant. The Merchant acknowledges that any and all liabilities arising in connection with any defect, fault or shortcoming in the product(s) including but not limited to infringement of intellectual property rights of any third party, shall be of the Merchant alone and Cosmos Buy shall not be liable for the same in any manner whatsoever. The Merchant agrees to keep Cosmos Buy harmless and indemnified in this regard.
- The Merchant shall regularly update product price and quantity and assumes any liability for the wrong price or product quantity/availability (in case product gets sold). Cosmos Buy shall not be liable for the same in any manner whatsoever and the Merchant agrees to keep Cosmos Buy harmless and indemnified in this regard.
- The Merchant shall deliver the sold products to Cosmos Buy fulfilment team within 72 hours or ship it directly to the customer if the prior approval has been obtained from the Cosmos Buy within 72 hours after the order has been received.
- The Merchant shall be responsible for after sales service for the product and to handle any customer complaint regarding product quality and warranties. Cosmos Buy shall not be liable for the same in any manner whatsoever and the Merchant agrees to keep Cosmos Buy harmless and indemnified in this regard.
- All tax related liabilities and other liabilities including but not limited to sales tax, KYC etc. relating to the sale of the product shall be responsibility of the Merchant. Cosmos Buy shall not be liable for the same in any manner whatsoever and the Merchant agrees to keep Cosmos Buy harmless and indemnified in this regard.
- Strictly refrain from uploading any pornographic material, socially and politically objectionable items, adult/mature content or products, any other material which are of restricted nature / require license like alcohol etc. and any material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner. Cosmos Buy shall not be liable for the same in any manner whatsoever and the Merchant agrees to keep Cosmos Buy harmless and indemnified in this regard.
- The Merchant shall ensure that the product pricing on Cosmosbuy.com will be same or less as available on any other site on the internet including Merchant's own site.
- The Merchant agrees to bear the cost of both the forward shipping and reverse shipping for the items sold as Cash on Delivery and returned due to no claim by the buyer. The Merchant further agrees to bear the cost of two way shipping and restocking charges in the event of product being delivered is significantly different from listing description.
- The Merchant agrees to be bound by the Cosmos Buy Return Policy to accept the items returned by customers.
- The Merchant agrees to respond to RTO Orders Delivered to You within 48 hours. All the RTO order will be send directly back to you. An automated mailer will be sent out every day with the list of orders. In case of any discrepancy you must respond within 48 hours to Cosmos Buy Merchant Support.
- The Merchant agrees to pay the selling service fee if the Merchant is unable to deliver or ship a sold item within SLA or unable to fulfil the order.
- The Merchant acknowledges that all payments by Cosmos Buy to the Merchant shall be after deduction of any money due from the Merchant to Cosmos Buy including selling fees, fulfilment fees, return charges against any other orders, etc.
- Merchants are not eligible to be a part of the Cosmos Buy affiliate program. Any direct or indirect association with an affiliate will be a violation of policy and lead to permanent suspension of the merchant's account.
- Representation & Warranties of the Merchant
The Merchant hereby represents and warrants that:
- it has the full right, power and authority to enter into this Agreement and perform its obligations hereunder;
- its execution, delivery and performance of this Agreement, and Cosmos Buy exercise of rights under this Agreement, will not conflict with or result in a breach or other violation of any agreement or other third party obligation by which it is bound;
- it will comply with all applicable Laws in its performance of this Agreement in connection with the offering and sale of all products and services offered and/or sold through the Cosmos Buy.
- it has necessary legal rights to publish the products, pictures, data and other details published by the Merchant on Cosmosbuy.com including any trademarks, logos or devices forming part of the same and is not putting up any details as mentioned in this MOU or otherwise on Cosmos Buy .com which may result in a third party claim against Cosmos Buy or its directors, members, officers and employees or other merchants/vendors.
The Merchant agrees to defend and hold Cosmos Buy and its affiliated and related entities, and any of their shareholders, officers, directors, agents and employees harmless from and indemnified against any claims, lawsuits, penalties and damages arising out of any breach by Merchant of this MOU or the representations and warranties contained in this MOU or of any terms and conditions and/or policies of Cosmos Buy as available on Cosmosbuy.com. In the event of any third party claim in relation to the products being traded by the Merchant on Cosmos Buy .com which is caused due to default of the Merchant, the Merchant shall, on demand, pay liquidated damages of INR 500,000 or the total value of the claim made and legal expenses incurred by Cosmos Buy in defending such claim, whichever is higher ('Merchant LD'). The Merchant LD shall be in addition to and not in derogation of any other rights and remedies that Cosmos Buy may have under law, this MOU or equity.
In the event of a third party claim, specifically in relation to infringement of intellectual property rights of such third party, Cosmos Buy shall be entitled to provide all details of the products, Merchant, sales completed or pending, deliveries made as may be required by such third party or mandated by an order or judgment of any court or other judicial or quasi judicial authorities and Merchant shall be under an obligation to ensure that Cosmos Buy is not a made a party to any such third party claims as described herein and shall promptly and unilaterally take adequate steps to absolve Cosmos Buy from any liability of any nature whatsoever, either present or anticipated.
Merchant acknowledges and agrees that Cosmos Buy may at its sole discretion hold, suspend or debit an amount from Merchant's payment as compensation, in the event Merchant has been found to be in breach of its obligations or warranties under this MoU or it has been alleged by a third party that the Merchant is in breach of policies of Cosmosbuy.com. Merchant acknowledges that the aforesaid remedies shall be addition to the right of Cosmos Buy to terminate this MoU forthwith without any notice to Merchant
Without prejudice to any other remedies BOTH PARTIES shall have the right, at any time, to terminate this MOU forthwith, by giving a notice in writing to the OTHER PARTY.
- Governing Law and Jurisdiction
This MOU shall be governed by and construed in accordance with the law of India and the parties hereto submit to the exclusive jurisdiction of the courts at Chandigarh, India.
- Electronic Execution
This MOU is being executed electronically and each Party recognizes that the same is validly executed under the Information Technology Act, 2000 and shall form a binding agreement between the Parties and no Party shall claim invalidity of this MOU merely on the grounds that this MOU is being executed electronically. For the aforementioned purposes, the Parties hereby agree that this MOU is being concluded and executed at Chandigarh.
Merchant shall not be entitled to assigns its rights and obligations under this MOU without prior written consent of Cosmos Buy.