The terms and conditions published herein in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.frapen.in website & App.
The domain name www.frapen.in and Frapen App (hereinafter referred to as "Website") is owned by M/S SUPER BAZAAR (hereinafter referred to as "MSB") with its registered office at K.NO-147, P.NO-2570/3583, Poddar Heights, Khetrajpur, Sambalpur - 768003, Odisha, India.
Buyer’s use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, The Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, The Buyers shall be impliedly contracting with MSB and these terms and conditions including the policies constitute Buyer’s binding obligations, with MSB.
For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer at any of Frapen’s Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. MSB allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
When The Buyers use any of the services provided by MSB through the Website, including but not limited to, (e.g. Product Reviews), The Buyers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. MSB reserves the right, at MSB’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The Buyers. It is Buyer’s responsibility to review these Terms and Conditions periodically for updates / changes. Buyer’s continued use of the Website following the posting of changes will mean that The Buyers accept and agree to the revisions. As long as The Buyers comply with these Terms and Conditions, MSB grant The Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES BUYER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, The Buyers also accept and agree to be bound by Frapen Policies (including but not limited to Privacy Policy etc.) as amended from time to time.
M/S SUPER BAZAAR (“MSB”) is the licensed owner of the brand frapen and the website frapen.in (”The Site”) and the app(Frapen-Your Fresh Pantry). MSB respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by MSB on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by MSB in the manner provided in this Privacy Policy.
Usage of, and purchases at 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 minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If the Buyers are a minor i.e. under the age of 18 years, the Buyers shall not register on the MSB website and shall not transact on or use the website. As a minor if the Buyers wish to use or transact on the website, such use or transaction may be made by Buyer’s legal guardian or parents on the Website. MSB reserves the right to terminate Buyer’s membership and / or refuse to provide the Buyers with access to the Website if it is brought to MSB’s notice or if it is discovered that the Buyers are under the age of 18 years.
All persons wishing to use, register on, and purchase at the Website shall provide the following information – a). Name & b). Mobile Number or Email ID(mandatory for Website)
As part of the registration process on the Site, MSB may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
If The Buyers use the Website and register as a buyer, The Buyers shall be responsible for maintaining the confidentiality of Buyer’s Display Name and Password and The Buyers shall be responsible for all activities which occur under Buyer’s Display Name and Password. The Buyers agree that if The Buyers provide any information that is untrue, inaccurate, not current or incomplete or MSB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, MSB shall have the right to indefinitely suspend or terminate or block access of Buyer’s membership on the Website and refuse to provide The Buyers with access to the Website.
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
Membership on the Website is free for buyers. MSB does not charge any fee for browsing and buying on the Website. MSB reserves the right to change its Fee Policy from time to time. In particular, MSB 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 MSB 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. The Buyers shall be solely responsible for compliance of all applicable laws including those in India for making payments to MSB.
The delivery will be available to user in 3 types.
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
The Buyer’s refund will be processed once MSB receives the originally ordered item back. Unfortunately, an order cannot be cancelled once the item has been delivered to the Buyer.
In order to Cancel the order, the Buyer can login to the website and click on Return/Exchange/Cancel order link in My Account section. Enter the order details and submit. Once MSB receives the request, MSB will initiate the Return/Exchange/cancellation request.
Our Return and Refund policy entitles all our members to return the product at the time of delivery or lodge a request within 24hours of delivery (not eligible on certain products, for detail please see, Return Policy) if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and initiate the refund, it will be credited back to the payment mode/account that was originally used to make the transaction.
Shipping charge will be refunded only if the entire order is cancelled. However for a partial cancellation, MSB does not have a refund for the shipping charge.
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
MSB does not warrant that Product description or other content of this Website are completely accurate, complete, current, or error-free and assumes no liability in this regard.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of MSB. Such disclosure, submission or offer of any Comments shall constitute an assignment to MSB of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MSB owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MSB will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MSB is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". MSB does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant MSB the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MSB and its affiliates for all claims resulting from any Comments you submit. MSB and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
MSB, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of MSB or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to MSB. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MSB. You may not modify, distribute or re-post anything on this website for any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MSB,its affiliates, its partners or its suppliers. All other marks are the property their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply MSB endorsement, sponsorship or recommendation of the third party, information, product or service. MSB is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of MSB or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MSB, one of its affiliates or by third parties who have licensed their materials to MSB and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of MSB and is also protected by Indian and international copyright laws.
The Buyers 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. MSB reserves the right to bar any such activity.
Buyers 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.
The Buyers 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. The Buyers may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to Website, or any other customer, including any account on the Website not owned by The Buyers, 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 Buyer’s own information, as provided for by the Website.
The Buyers agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or MSB's systems or networks, or any systems or networks connected to MSB.
The Buyers 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.
It is possible that other Buyers (including unauthorized Buyers or "hackers") may post or transmit offensive or obscene materials on the Website and that The Buyers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Buyers due to Buyer’s use of the Website, and that the recipient may use such information to harass or injure The Buyers. MSB does not approve of such unauthorized uses, but by using the Website The Buyers acknowledge and agree that MSB is not responsible for the use of any personal information that The Buyers publicly disclose or share with others on the Website. Please carefully select the type of information that The Buyers publicly disclose or share with others on the Website.
The Buyers may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyers send to MSB, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that The Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
The Buyers may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of MSB and / or others.
The Buyers 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, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Buyer’s use of MSB’s service and Buyer’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Buyers 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.
Solely to enable MSB to use the information The Buyers supply to MSB, so that MSB is not violating any rights The Buyers might have in Buyer’s Information, The Buyers agree to grant MSB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights The Buyers have in Buyer’s Information, in any media now known or not currently known, with respect to Buyer’s Information. MSB will only use Buyer’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.
The Buyers shall be responsible to up keeping the providing information relating to the products proposed to be sold by Us. In this connection, The Buyers undertake that all such information shall be secured in all respects. The Buyers shall not defame the attributes of such products or services so as to mislead other Buyers in any manner.
The Buyers shall not engage in advertising to, or solicitation of other Buyers of the Website to buy any products, including, but not limited to, products or services related to that being displayed on the Website or related to us. The Buyers may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without MSB’s prior explicit consent. In order to protect MSB’s Buyers from such advertising or solicitation, MSB reserve the right to restrict the number of messages or emails which a Buyer may send to other Buyers in any 24-hours period which MSB deems appropriate in its sole discretion. The Buyers understand that MSB have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, MSB can (and The Buyers hereby expressly authorize MSB to) disclose any information about The Buyers to law enforcement or other government officials, as we, in MSB’s sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
MSB reserves the right, but has no obligation, to monitor the materials posted on the Website. MSB shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE BUYERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE BUYERS POST ON THE WEBSITE AND IN BUYER’S PRIVATE MESSAGES. In no event shall MSB assume or have any responsibility or liability for any Content posted by another Buyer or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Buyers hereby represent and warrant that the content the Buyers publish on the Website shall not infringe any proprietary or other rights of MSB or any third parties or contain any libellous, tortious, or otherwise unlawful information.
While availing any of the payment method/s available at the Website, MSB will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to: a) Lack of authorization for any transaction/s, or b) Exceeding the pre-set limit mutually agreed by The Buyers and between "Bank/s", or c) Any payment issues arising out of the transaction, or d) Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by the Buyers 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 Buyer’s order to the Buyers, MSB may request the Buyers 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 the Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to MSB’s Buyers.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Buyer and MSB and Payment Facility is merely used by the Buyer and MSB to facilitate the completion of the Transaction.
The Buyers have specifically authorized MSB or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with MSB is on a principal to principal basis.
The Buyers understand, accept and agree that the Payment Facility provided by MSB 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 MSB Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MSB is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
MSB does not provide any credit facilities.
All prices displayed on the Website are final and no further discounts or facilities are available for any customer.
The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with MSB to purchase the products using the Payment Facility (a mechanism to pay through card, cash, or online medium), and the Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to MSB using Payment Facility.
The Buyers may agree with MSB 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.
The Buyers shall electronically notify Payment Facility using the appropriate MSB Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The Buyers 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.
The Buyers shall be entitled to claim a refund of the Transaction Price (as Buyer’s sole and exclusive remedy) in case The Buyers 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 the Buyers do not raise a refund claim using Website features within the stipulated time than this would make The Buyers are ineligible for a refund.
The Buyers 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 The Buyers may not be entitled to a refund in respect of the Transactions for those products and /or services.
Except for Cash payment at 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 via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
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).
Refund shall be conditional and shall be with recourse available to MSB in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.
MSB reserves the right to impose limits on the number of Transactions or Transaction Price which MSB 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 RBI 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.
MSB reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with MSB or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
MSB 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 MSB. As a result of such check if MSB 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.
MSB may delay notifying the payment confirmation i.e. delay to Dispatch, if MSB deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, MSB may hold Transaction Price and MSB may not 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 MSB 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 MSB.
Buyer 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 thereunder, 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 MSB Website.
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 Buyers. 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.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law. MSB and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
MSB 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 Buyer may view. If the profane words are part of a title for the item being sold, MSB will 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review: a) Report offensive Display Names & b) Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Buyers on the Website; or email communication between Buyers in relation to transactions conducted on Website contain profanity, please review MSB’s feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a Buyer's account, temporary suspension, or a formal warning.
MSB will consider the circumstances of an alleged policy violation and the Buyer's trading records before taking action.
Violations of this policy may result in a range of actions, including: a) Limits placed on account privileges; b) Loss of special status; & c) Account suspension.
You agree to defend, indemnify and hold harmless MSB, its employees, proprietor, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MSB or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or MSB. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. MSB may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to MSB. However, Account created on the website www.frapen.in would be for life time of the customers. Upon any termination of the User Agreement by either you or MSB, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. MSB’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
IN NO EVENT SHALL MSB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF BUYER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
In case The Buyers feel that an IPR has been infringed, The Buyers can write to MSB at support@frapen.in.
Overview: Generally, transactions are conducted smoothly on the Website. However there may be some cases where both the Buyers and MSB may face issues. MSB’s Dispute Resolution Process is as follows – When there is a dispute between the Buyers and MSB, both Parties shall make all attempts to mutually and amicable resolve such dispute. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
What is a 'dispute'? A 'Dispute' can be defined as a disagreement between a Buyer and MSB in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace? a) Disputes are filed as a result of a disagreement between the Buyer and MSB. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. b) It is important that before a Buyer/MSB raises a dispute, they should attempt to solve the issue.
How is a 'dispute' created? Whenever there is a disagreement, the Buyer can write to support@frapen.in, 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: a) Wrong item received b) Item Not as described c) Damaged or Seal broken on Product d) Part/Accessory missing e) Item not Compatible f) Seller Description/Specification Wrong g) Defective (Manufacturing defects) h) Product not working i) MSB claims invalid Invoice j) Payment not received.
Disputes via Chargeback: a) Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise: b) Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies c) Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies. d) Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies. e) MSB expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of MSB.
Email Abuse & Threat Policy: a) Private communication, including email correspondence, is not regulated by MSB. MSB encourages its Buyers to be professional, courteous and respectful when communicating by email. b) However, MSB will investigate and can take action on certain types of unwanted emails that violate MSB policies. c) Such instances: d) Threats of Bodily Harm - MSB does not permit Buyers to send explicit threats of bodily harm. e) Misuse of MSB System - MSB allows Buyers to facilitate transactions through the MSB system, but will investigate any misuse of this service. f) Spoof (Fake) email - MSB will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers are requested to report the same to MSB through 'Contact Us' tab. g) Spam (Unsolicited Commercial email) –MSB’s spam policy applies only to unsolicited commercial messages sent by MSB Buyers. MSB Buyers are not allowed to send spam messages to other Buyers. h) Offers to Buy or Sell Outside of MSB - MSB prohibits email offers to buy or sell listed products outside of the MSB Website. Offers of this nature are a potential fraud risk for both Buyers and MSB. i.)MSB policy prohibits Buyer-to-Buyer threats of physical harm via any method including, phone, email and on MSB’s public message boards
Violations of this policy may result in a range of actions, including: a) Limits on account privileges; b) Account suspension; c) Cancellation of listings; d) Loss of special status.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by MSB and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Sambalpur. The High Court of judicature at Sambalpur, Odisha alone shall have the jurisdiction and the Laws of India shall apply.
In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:
Grievance Officer, M/S SUPER BAZAAR at K.NO-147, P.NO-2570/3583, PODDAR HEIGHTS,
KHETRAJPUR, SAMBALPUR, Odisha, India. Pin - 768003.
Email: support@frapen.in
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at support@frapen.in or phone number 8144041418.