Term & Conditions
Term & Conditions
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Marketplace at any point in time.
The Marketplace is a platform for domestic consumers to transact with third party sellers, who have been granted access to the Marketplace to display and offer products for sale through the Marketplace. For abundant clarity, the Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.
The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.
Services on the Marketplace are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers.
Transactions through the Marketplace may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Marketplace.
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/access the Marketplace.
The Marketplace is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Marketplace to purchase products from third-party sellers, who have been granted access to the Marketplace to display and offer their products for sale through the Marketplace.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
License & Access
The Company grants you a limited sub-license to access and make personal use of the Marketplace, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or to any server, computer, network, or to any of the services offered on or through the Marketplace, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information
Belongs to another person and to which you do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harms minors in any way;
Infringes any patent, trademark, copyright or another proprietary/intellectual property right.
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
Is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
GST Effect on Our Delivery
- As our nation welcomes the ‘One Nation, One Tax’’ initiative, effective from July 1st 2017, we, at Beatrix, also welcome this change by making our processes fully compliant with GST.
- We guarantee you that we still will get you the lowest prices on all your items. Moreover, your orders will be fulfilled as usual and in line with the GST guidelines.
- What are the changes you can expect at our end?: Since the government has exempted certain goods from GST, you will receive invoices for them separately. Which means that your order will now be broken down into 3 components:
- At the delivery, our field executive will hand over a delivery statement, listing down all the items you have ordered.
- A Delivery Statement for you to check all the items you’ve ordered
- A Tax Invoice showing all the items that have been taxed
- A Bill of Supply
We assure you that you will receive all the GST benefits and lower priced items, as always from Beatrix. If you still have any questions, please feel free to reach out to us.
- As a user, you may cancel an order placed by you before the order enters the “Enroute” stage. For any permitted cancellations, we will refund payments, if any, made by you under the relevant order within approximately 48-72 hours.
- Further, while precautions are taken to ensure accuracy of product specifications, the details of a product as reflected on the Marketplace may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by third party seller and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such an event, the Company reserves the right to cancel your order and grant credit/coupon for the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on the Marketplace.
- We maintain a list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.
Returns & Refunds
- The Marketplace has a “no questions asked return and refund policy” which entitles all users who have purchased a product on the Marketplace to return the product at the time of delivery if they are not satisfied with the quality of the product.
- Return Policy: If you want to return a product, please keep the product in the original packaging. In addition, the product must be unused and unwashed, with all tags intact.
- Non-returnable products information visible in the product info/description section on the website/app: A few products may not be eligible for return and will be marked “Non-returnable” on the product details page.
- In case you are not available at delivery to check the quality of the product(s), you may raise a complaint within 24-48 hours of delivery. Similarly, in case any product is not delivered at the time of delivery, you may raise a complaint within 48 hours of delivery.
- To pass feedback to the merchants to improve the services, it is mandatory to share the images of the items which you were dissatisfied with. Subject to acceptance from the third-party seller of the product, the Company may take the returned product back and grant credit/coupon in lieu of the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on the Marketplace.
- You may request for a refund/replacement within 7 days of delivery, for Electronics and Cookware products with all original tags & packaging intact in case of any quality issues. It is also requested that a user should check if the product seal is intact (i.e. not broken) while accepting the order to avoid any kind of damage related complaints post delivery.
- Further, it is clarified that for electronic and cookware products, no returns shall be accepted post 7 days of delivery and the user should get in touch with the Brand/Manufacturer with original invoice given at the time of delivery from Beatrix.
- Please note: Few items listed may or may not carry a seller warranty to which Beatrix will support basis return policy.
- Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund as Beatrix Cash in the Beatrix wallet or the refund can be credited in any bank account via NEFT (for which the User shall have to share the bank details).
- For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
- All refunds shall be made in Indian Rupees only.
You Agree and Confirm
- That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you
- We will not be held responsible for any delay or failure to make delivery of your order if the delay or failure arises from any cause which is beyond our reasonable control.
- You agree to use the services provided by the Company for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Marketplace.
- You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
- If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
- You are accessing the services made available by the Company and transacting at your sole risk and are using your best and prudent judgement before entering any transaction through the Marketplace.
- Before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Marketplace, you agree to be bound by the conditions of sale included in the item’s description without exception.
- Notwithstanding the right of the Company on cancellation of the order, any Product in the order may be replaced by the Company in case of unavailability or for other reasons outside the control of the Company, subject to you may refuse to accept such replacement/substitute product. For such cancellations, the Company will refund the payment of the order/product, if any, made by you under the relevant order within 72 hours.
- You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. The Company make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
- The Company does not make any representation or warranties in respect of the products available on the Marketplace nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Marketplace. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Marketplace or otherwise.
- You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
Reviews, Feedback, Submissions
- All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Marketplace or otherwise disclosed, submitted or offered in connection with use of the Marketplace (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
- Further, any reliance placed on Comments available on the Marketplace from a third party shall be at your sole risk and expense.
Copyright & Trademark
- The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Marketplace. Access to or use of the Marketplace does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the Marketplace are owned by or licensed to the Company. Any use of the Marketplace or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
- You may not modify, distribute or re-post anything on the Marketplace for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Marketplace. Access to or use of the Marketplace does not authorize anyone to use any name, logo or mark in any manner. References on the Marketplace 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 after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
- The Company 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 access a link of any third-party websites, you do so entirely at your own risk and expense.
Wholesale Trading Terms
- You acknowledge and agree that the terms and conditions set out on the Marketplace (including as contained herein – (Conditions-of-Supply and Wholesale Trade) are the terms and conditions applicable to any order placed by you on the App, unless a separate written instrument is executed in relation to a specified order to prevail over these Conditions of Contract
- You understand that by using the Marketplace or any services provided on the Marketplace, 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 Marketplace and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
- You agree to defend, indemnify and hold harmless the Company, its employees, directors, 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 a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims 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.
Limitation of Liability
- The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
- It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
- This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Marketplace. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Marketplace.
- The Company’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Marketplace or affect any liability that may have arisen under the User Agreement prior to the date of termination.
Governing & Jurisdiction
- The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
- Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Jaipur and the language of the arbitration shall be English.
- Subject to the aforesaid, the Courts at Jaipur shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
The collection, Storage and Use of Information Related to You.
We may automatically store certain information including but not limited to information about your web browser, IP address, cookies stored on your device and other information about you based upon your behaviour on the website. We use this information to do internal research on our users’ demographics, interests and behaviour to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not), your computer browser information, your IP address, and other information associated with your interaction with the website.
We also collect and store personal information provided by you from time to time on the website/app. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
- To enable the provision of services opted by you;
- To communicate necessary account and product/service related information from time to time;
- To allow you to receive quality customer care services;
- To undertake necessary fraud and money laundering prevention checks, and comply with the highest security standards;
- To comply with applicable laws, rules and regulations; and
- To provide you with information and offers on products and services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to you.
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request, may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.
Contacts Permissions: If you allow us to access your contact list information including you and your contacts’ e-mail ids and any other details saved therein, it enables us to provide social features to you and your friends/contacts such as sharing your orders with your friends/contacts, inviting your contacts to try our app, send across referral links to your friends/contacts, etc. We may also use this information to make recommendations for groceries. This information will be synced from your phone and stored on our servers.
Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, name, billing address, shipping address, phone number etc.) on the website. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure website of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use.
The Company will not use your financial information for any purpose other than to complete a transaction with you. Additionally, your information may be used to communicate with you, screen orders for potential risk or fraud, use of preferences related information for advertising purposes and site optimization.
Device information: We may need your device permission to get information about your device, like OS (operating system) name, mobile network, hardware model, unique device identifier, etc. Basis these inputs, we intend to optimize your order experience and thereby serving you better.
Location: This permission enables us to give you the benefit of delivering the product to your address and also to provide location specific deals with personalized in-funnel experience.
SMS: If you allow us to access your SMS, we read your SMS to autofill or pre-populate ‘OTP’ while making a transaction and to validate your mobile number. This provides you a seamless purchase experience while making an order and you do not need to move out of the app to read the SMS and then enter it in the app.
Phone: The app requires access to make phone calls so that you can make phone calls to our customer contact centres directly through the app.
Email ID: If you allow us to access your email id then, it enables us to send various deals and offers directly to your email.
Photo/ Media/ Files: We take media storage permissions to cache the Grofers images to provide seamless and fast experience while browsing Grofers app.
Wi-Fi connection information: When you allow us the permission to detect your Wi-Fi connection, we optimize your experience such as more detailing on maps, better image loading etc.
Camera: You can grant camera permission as well to take pictures from your camera like that of the invoice, defected products etc., in our customer chat feature.
To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the website/application and opt out of any non-essential communications from the Company.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.
The Company uses data collection devices such as “cookies” on certain pages of the website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small data files placed on your hard drive or device that assist us in providing our services and may include an anonymous unique identifier. Company offers certain features that are only available through the use of a “cookie”.
If you send the Company personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the website, the Company may collect such information into a file specific to you.
The Company does not retain any information collected for any longer than is reasonably considered necessary by us, or such period as may be required by applicable laws. The Company may be required to disclose any information that is lawfully sought from it by a judicial or other competent body pursuant to applicable laws.
The website may contain links to other websites. We are not responsible for the privacy practices of such websites which we do not manage and control.
Choices Available Regarding Collection, Use and Distribution of Information
To protect against the loss, misuse and alteration of the information under its control, the Company has in place appropriate physical, electronic and managerial procedures. For example, the Company servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a need to know basis to complete the transaction and to provide the services requested by you. Although the Company endeavours to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using the website, you agree that the Company will have no liability for disclosure of your information due to errors in transmission and/or unauthorized acts of third parties.
Please note that the Company will not ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information and forward the information relating to the same for necessary action.
Beatrix shall assume no responsibility for any communication not authorised by Beatrix with respect to the GOBD Sale. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the user. Users are cautioned that Beatrix does not run any call centre, and does not make available for communication any landline/mobile number/email on the internet/social media/any other electronic means to its users.
In case any user wishes to communicate, the user may communicate at the following number/email apart from the faster In app Chat option: