Eligibility Of Membership :
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by bagdeal.net for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 11 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your bagdeal.net account to another party or person. If you do not qualify, you may not use the Service or the Site.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
Prices & Payments :
The Bagdeal.net always employee its best efforts to provide you with the best prices possible on products and services you buy from bagdeal.net, however bagdeal.net does not guarantee that the price will be the lowest in the city, state, region or geography. The Prices and availability of the product are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The bagdeal.net pricing policy reserves its sole right to determine prices, discounts and offers on its products and/or services.
While bagdeal.net trying it's best to provide the customers accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed with an incorrect price or with incorrect information due to an error in pricing or product information, Bagdeal.net may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. The bagdeal.net will have the right to modify the price of the product and same time contact the customer for further instructions using the e-mail address or telephone number provided by you at the time of registration, or cancel the order and notify you of such cancellation. In the event that bagdeal.net accepts your order the same shall be debited to your credit card account. The payment may be processed prior to bagdeal.net dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery ("COD") option.
Prices, available products or other Services may change from time to time at our sole discretion. Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order (excluding the cases where the opted mode of payment is Cash on Delivery).
Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order.
For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.
Transactions & Cancellations:
Credit Card Details:
You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions:
In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Cancellations by the Customer:
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
Cancellation by Bagdeal.net:
Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
lack of authorization for any transaction/s,
or exceeding the preset limit mutually agreed by you and between your "Bank/s",
or any payment issues arising out of the transaction,
or decline of transaction for any other reason/s.
All payments made against the purchases/services on Bagdeal.net by you shall be compulsorily in Indian Rupees acceptable by the Union of India. The Bagdeal.net does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
A refund is processed based on the mode of payment. Credit card refunds are done back to the credit card itself and will feature in the following monthly billing statement. Net banking refunds are done back to the bank account.
1. Force Majeure:
Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the our control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of FirstCry.com 's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
5. Governing Law:
This Agreement will be governed by laws of India, subject to the Jurdication of Mumbai , without reference to conflict of laws principles, if any.
6. Payment Decline:
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We at our sole discretion reserve the right to change, amend or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service.
If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.
You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.