- INTRODUCTION
These terms and conditions govern your use of the marketplace e-commerce website namely https://isiente.com . I SIENTE is a brand owned, operated and managed by EBIZ COMMERCE INDUSTRY PRIVATE LIMITED, a company duly incorporated under the Pursuant to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014. and having its Registered office at 118/133 Gumti No.5 Kaushalpuri Kanpur-208012, and Corporate office at 51 Industrial Estate, Kalpi Road, Fazalganj, Kanpur Uttar Pradesh 208012 (“Company”, “Us”, “We”, “I SIENTE”).
By accessing or visiting this website, or by using the Platform, you acknowledge that you have read, understood, and agree to be lawfully bound by the contents of these terms & conditions. Except as otherwise specified, these terms and conditions do not apply to third-party products or services, which shall be governed by their own terms of service.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
- TERMS
2.1 In using/accessing the Platform, you are deemed to have accepted the terms and conditions listed below and we reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions from time to time (“Terms”). These Terms constitute a legally binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and I SIENTE on the other part;
2.2 A User shall mean and include any person who accesses, browses, or in any way transacts, or avails any services on the Platform. Further, by impliedly or expressly accepting these Terms, You also accept and agree to be bound by our guidelines, rules, privacy policy, and/or other applicable policies (if so applicable), as may be updated and made available to You from time to time;
2.3 If You do not agree with all the Terms, then You are expressly prohibited from using the Platform and You must discontinue use immediately;
2.4 We do not permit children i.e. persons below the age of 18 years to use our Platform without their parent or guardian’s consent or supervision.
2.5 All donations at the time of placing the order are non-refundable. The donation shall be disbursed to Give Foundation. The customer’s details shall be shared with Give Foundation for the purposes of issuing tax exemption receipts under the Income-Tax Act in accordance with applicable law to eligible donors, other social and charitable activities, compliance with applicable law, and defending/initiating legal, contractual or equitable claims when the need arises.
- USER REPRESENTATIONS
3.1 The User hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the applicable law(s) and thereby can register on the Platform. As mentioned above, We do not permit children i.e. persons below the age of 18 years to use our Platform without their parent or guardian’s consent or supervision.
3.2 The User shall ensure that the registration related information provided by him/her on the Platform is accurate, complete and true. Further, if We suspect that the information provided by the User at any time is untrue, inaccurate, or not in accordance with these Terms, the Company shall have the right to suspend, terminate or block his/her access to the Platform.
3.3 The User shall remain solely responsible for maintaining the confidentiality of his/her registration information and will be liable for all activities and transactions conducted through the User’s account, if provided. The Company shall not be liable for any third party claim with respect to any loss that the User may incur as a result of someone else using the User’s password or Account, either with or without User’s knowledge.
3.4 The User can only use the Platform for his/her own legitimate, legal use, and neither will the User attempt to decipher, decompile, disassemble, hack or reverse engineer any part of the Platform, nor assist someone else in doing so.
- PERSONAL DATA
We will be processing the personal data and sensitive personal data that is provided by You to, or collected by or for, or processed in connection with our Platform in accordance with our PRIVACY POLICY. Please take a moment to familiarize yourself with our Privacy Policy and let Us know if You have any questions. If You do not agree with the following Privacy Policy related Terms, please do not access the Platform. If You continue to use the Platform including the App, or any I SIENTE’s products or services including its website, We understand that You are aware of this Privacy Policy and its contents, and have provided Your informed consent on such basis. You accordingly agree and consent to Us collecting, storing, processing, transferring, and sharing Your personal information (including sensitive personal information) with third parties or service providers for the purposes set out in the Privacy Policy.
In case you have registered with I SIENTE and you want to close your account, kindly email us at helpdesk@isiente.com and we will de-register you from our marketplace.
5. Cancellation by I SIENTE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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 require 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.
And also we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
Hence, We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
6. Cancellations by the Customer
In case of requests for order cancellations, I SIENTE reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. I SIENTE has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by I SIENTE and accept I SIENTE’s decision regarding the cancellation. I SIENTE also reserves the right to cancel your order in case of:
1. Problems identified by our credit and fraud avoidance department.
2. Inaccuracies or errors in Product or pricing information.
3. Limitations on quantities available for purchase.
We may also require 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 returned back in your Credit Card Account. If you’d like to discuss cancelling an order, email us at helpdesk@isiente.com or talk to our customer support.
7. USER RESTRICTIONS
As a User of the Platform, You agree not to:
7.1 Upload, modify or share any information that is misleading, harmful, unlawful, threatening, harassing, defamatory, obscene, pornographic, hateful or objectionable in any manner.
7.2 Collect usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited email, or build User accounts under false pretence, etc.
7.3 Use the Platform to advertise or offer to sell goods or services, unless so authorised by Us.
7.4 Engage in unauthorized framing of or linking to the Platform.
7.5 Mislead or defraud Us and other users, especially in any attempt to learn sensitive information such as User passwords.
7.6 Make improper use of our support services or submit false reports of abuse or misconduct.
7.7 Interfere with, disrupt, or create an undue burden on the Platform, or the networks or services connected to the Platform.
7.8 Attempt to impersonate another User or person or use the username of another User.
7.9 Attempt to obtain unauthorized access to the Platform.
7.10 Impersonate another person.
7.11 Breach any applicable laws for the time being in force.
7.12 Sell or otherwise transfer Your account.
7.13 Use any information obtained from the Platform in order to harass, abuse, or harm another person.
7.14 Use the Platform as part of any effort to compete with Us or otherwise use the Platform and/or the content for any revenue-generating endeavour or commercial enterprise.
7.15 Upload or transmit (or attempt to upload or transmit) viruses, trojan horses, or other material that interrupts, alters, destroy, or limit the functionality of the Platform or any part of the Platform.
7.16 Harass, annoy, intimidate, or threaten any of our employees or agents.
7.17 Use the Platform or any part of the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity that violates the rights, including but not limited to intellectual property rights of I SIENTE or others.
7.18 Retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
8. WEBSITE FEEDBACK & USER CONTENT
On the Platform, We will provide place(s) for You to leave reviews or ratings. When posting a review, You must comply with the following criteria:
8.1 You should have a first-hand experience with the product You are reviewing.
8.2 Your review should not contain offensive profanity, abusive, racist, or hate language.
8.3 Your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
8.4 Your review should not contain references to illegal activity.
8.5 You should not be affiliated with the competitors if posting negative reviews.
8.6 You should not post any false or misleading statements.
8.7 You may not organize a campaign (whether financial or not) encouraging others to post reviews, whether positive or negative.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Unless otherwise stated, We shall own all right, title and interest, including all related intellectual property rights like source code, databases, software, applications, audio, text, images, graphics, trademarks, service marks, etc.
9.2 Third party trademarks may appear on this Platform and all rights therein are reserved to be registered owners of those trademarks. For use of any third party’s intellectual property, User needs to get permission directly from the owner of the intellectual property for any use.
9.3 The Terms do not constitute a sale and do not convey to the User any rights of ownership in or related to the Platform or the goods or services, or any intellectual property rights owned by the Company. The User shall be solely responsible for any violations of any laws and for any infringement of any intellectual property rights.
10. TERM AND TERMINATION
These Terms are effective unless and until terminated by either You or Us. It shall remain in full force and effect while You use the Platform. Without limiting any other provision of these Terms, We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty contained in these Terms or any applicable law or regulation. We may terminate Your use or participation in the Platform or delete any content or information that You may have posted at any time and in our sole discretion. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive action(s).
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of EBIZ COMMERCE INDUSTRY PRIVATE LIMITED. and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of EBIZ COMMERCE INDUSTRY PRIVATE LIMITED.
11. ADVERTISEMENTS
We may facilitate and allow third party advertisers to display their advertisements and other information on our Platform (“Third Party Advertisers”). Any issues or concerns faced by the User with respect to the advertisements will need to be taken up by the User directly with the relevant Third Party Advertiser. We will have no liability with respect to the acts, omissions, errors, representations, warranties or negligence on any part of any Third Party Advertisers. We disclaim any and all liability arising out of Third Party Advertisers’ advertisements on the Platform. Do note that We simply provide the space to place such advertisements, and We have no other relationship with the Third Party Advertisers.
12. PAYMENT
We accept the following forms of payment:
All Debit Cards
All Credit Cards
Rupay and UPI
Diners and Commercial Cards
Netbanking
Mobikwik
All Wallets (Airtel Money, Oxygen, Freecharge, Jio)
Simple & Ola Money
EMI(CITI, RBL, YES, KOTAK, SCB, HSBC, AXIS, Indusind)
International Card Acceptance
ENACH
For all transactions made via the Platform, You agree to provide present, full, and correct payment and account details. You will agree to keep Your account and payment records up to date, including Your email address and payment card expiration date, if applicable.
13. TERMS OF DELIVERY
13.1 INR 200 flat delivery charges applicable for order not exceding the net amount of INR 250. Any order above INR 250 will be eligible for free shipping charges.
13.2 CASH ON DELIVERY
We provide COD but we charge INR 100 confirmation before which will adjusted in your gross amount, once goods returned INR 100 will not refund but in case of exchange no extra amount will be added for another product with same amount.
COD is not available for orders exceeding the net amount of INR. 1500. Any order above INR 1500 will have to be prepaid.
14. CANCELLATION POLICY
The User can cancel the order at any time before the delivery of the products, within 24 hours of placing the order and the refund shall be initiated as per the Refund Policy as stated in the succeeding clause. The User shall make sure that he/she does not accept the order, in case a delivery attempt was made for a cancelled order.
15. RETURN, REPLACEMENT & REFUND POLICY
We set these policies to ensure that you are fully aware of our refund and return methods and procedures.
Thank you for choosing to shop at I SIENTE . We want to ensure your complete satisfaction with your purchase. Please read our return policy carefully to understand the conditions and procedures for initiating a return.
Return Request Period: In the event that you wish to make a return, please submit a complaint within 7 days from the date of delivery. Any requests received after this period may not be accepted.
Damaged Product: If you receive a damaged product, kindly provide us with an unboxing video and clear photos showing the damage. This evidence is crucial for us to assess the situation and provide appropriate assistance.
Missing Items: Should any items be absent from your order, please share an unboxing video and clear photos displaying the remaining items. Kindly inform us within 7 days from the date of delivery. We will examine the situation and, if confirmed, issue a refund for the missing item(s).
The products qualify for returns only if:
1. The product(s) delivered does not match the User’s order.
2. The size of the product is different.
3. The product(s) delivered were damaged.
4. Damaged or Defective Products: Upon confirmation of the damage or defect through the provided video and photos, we will proceed with the refund process.
5. Missing Items: If we are unable to provide the missing item(s) from your order, a refund will be issued for the respective item(s).
6. Original Condition and Packaging: To qualify for a refund or exchange, returned products must be in their original condition, unused, unwashed, and undamaged. All original packaging, including accessories, tags, and labels, should be included.
User shall ensure that the product to be returned remains unused. The tags and the packaging of the product are also to be kept intact and untampered by the User.
The products that do not qualify for return are:
1. products that have been altered or used; or
2. products whose serial number or bar code has been tampered with; or
3. if the batch number of the product does not match as mentioned in the invoice; or
4. products of home décor or any larger items (any item which is larger than 1 meter in any one dimension, or weighs more than 10 Kilograms).
Return Shipping: The cost of return shipping will be your responsibility, except in cases where the return is a result of our error (e.g., damaged or incorrect item sent). We recommend using a reliable shipping service with tracking to ensure the safe return of the product.
Refund Process: Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, the refund will be processed and applied to the original method of payment within 10 working business Days.
16. SHIPPING POLICY
At I SIENTE, we understand the importance of a seamless and reliable shopping experience for our valued customers. Our Shipping Policy outlines the key information regarding the delivery of your orders. Please take a moment to review the following details:
1.1 Shipping Methods
We strive to provide efficient and secure delivery options. Our primary shipping method is through trusted carriers. The selection of the carrier and shipping method may vary based on the specific items in your order.
1.2 Processing Time
Orders placed through I SIENTE are typically processed within 1-2 business days. This processing time allows us to verify and prepare your order for shipment.
1.3 Shipping Time
The estimated delivery time for your order will depend on your location and the shipping method chosen at checkout. Generally, you can expect your order to arrive within 3-7 business days from the date of purchase. Please note that this timeframe may vary during peak seasons or due to unforeseen circumstances.
1.4 Shipping Costs
Shipping costs will be calculated and displayed during the checkout process. These costs are determined based on factors such as the shipping method selected, the weight of your order, and your delivery address.
1.5 Order Tracking
For your convenience, we provide order tracking information once your order has been shipped. You will receive a confirmation email with tracking details to monitor the progress of your delivery.
1.6 Order Status Updates
You can check the status of your order at any time by logging into your I SIENTE account. Additionally, we will notify you via email about any significant changes in your order’s status.
1.7 Shipping Restrictions
Please be aware that some items may have shipping restrictions due to size, weight, or legal regulations. We will notify you during the checkout process if any such restrictions apply to your order.
1.8 Multiple Items in a Single Order
If your order contains multiple items, it is possible that these items will be shipped separately, depending on their availability and shipping requirements. You will receive separate tracking information for each shipment.
1.9 Shipping Issues and Concerns
In the unlikely event that you encounter any issues with your shipment, such as delays or damage, please contact our customer support team. We are dedicated to assisting you with any shipping-related concerns.
At I SIENTE, our mission is to deliver quality products to your doorstep in a timely and reliable manner. If you have any questions or require further assistance, please do not hesitate to reach out to our friendly customer support team.
17. INDEMNITY
You agree to indemnify and hold I SIENTE (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a 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 End User Agreement or arising out of 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 T&C.
18. LIABILITY
18.1 It is expressly made clear to You that I SIENTE does not manufacture most of the products that are listed on this Platform.
18.2 User understands, agrees and acknowledges that I SIENTE is an intermediary and online e-commerce marketplace. The ‘contract for sale’ of the products, if any, shall be a bipartite contract between User and sellers enlisted on the Platform.
18.3 Any claim that the User may have with respect to the quality, appearance, nature, consumption, usage or any other attribute(s) of the products shall be pursued by the User directly with the seller and I SIENTE shall not be made a party to any such claim. User hereby waives any claim and releases I SIENTE from and against any and all liabilities, losses, claims, damages that may arise out of or in connection with the disclaimer as mentioned in the succeeding clause.
19. DISPUTE RESOLUTION
These Terms and any disputes arising hereunder shall be determined in accordance with the laws of India. If any dispute arises between the parties in connection with these Terms, then the courts of Uttar Pradesh, India, shall have exclusive jurisdiction.
20. THIRD-PARTY LINKS / Links To Other Web Sites
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
21. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
22. ACKNOWLEDGEMENT
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
23. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
24. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
25. DISCLAIMER
The Platform is provided on an as-is and as-available basis. You understand and agree that Your use of the platform-based services is at Your own risk. We disclaim all warranties, express or implied, in connection with the Platform and Your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the contents linked to this Platform and We will assume no liability or responsibility for any:
Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform or the third-party sellers’ products provided therein;
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Platform, &
Any error(s) or omission(s) in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time I SIENTE may offer special promotional offers which may or may not apply to your I SIENTE account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by I SIENTE. This T&C and the relationship between you and I SIENTE will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Uttar Pradesh, India. The failure of I SIENTE to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. I SIENTE does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and I SIENTE and governs your use of the Site, superseding any prior agreements between you and I SIENTE with respect to the Site.
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 present limit mutually agreed by us with our acquiring bank from time to time.
We are always looking for ways to save you money and promise to reduce or eliminate these costs in the future.
Beware of fraudsters posing as employees of I SIENTE. We do not ring customers or direct them to purchase links, so please don’t trust any messages offering gifts, or emails with suspicious links or attachments. I SIENTE Never asks you to transfer money to their personal bank account/UPI. Rest assured, there’s no data breach in our systems so your details always remain safe.
These Terms and Conditions are in compliance with the Consumer Protection (E-Commerce) Rules, 2020, as applicable to a marketplace e-commerce entity.