Terms & Conditions

TERMS AND CONDITIONS

Welcome to Wowfas. Please read these terms and conditions carefully before participating or purchasing from our website. You should understand that by participating in the offers and using our Platform, you agree to be bound by these terms and conditions including Terms of Use and Privacy Policy of the Platform. Please understand that if you refuse to accept these terms and conditions, you will not be able to access the offers provided under our Platform.

USER AGREEMENT — WOWFAS

TERMS OF USE

The Platform is owned by Wowe Retail Private Limited, having its registered office in Punjab.

Your use of the Wowfas and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to Wowfas including the applicable policies which are incorporated herein by way of reference. By mere use of Wowfas, you shall be contracting with Wowfas Designs Private Limited, the owner of the Platform. These terms and conditions including the policies constitute your binding obligation to Wowfas.

For these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Wowfas”, “We”, “Us”, “Our” shall mean Wowfas Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Buyer Reviews), You will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By implicitly or expressly accepting these Terms of Use, you also accept and agree to be bound by Wowfas Policies including but not limited to Privacy Policy as amended from time to time.

1.USER ACCOUNT, PASSWORD, & SECURITY

  • If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
  • You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
  • You agree to immediately notify Wowfas of any unauthorised use/breach of your password or account and ensure that you exit from your account at the end of each session.

2. SERVICES OFFERED

Wowfas provides several Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as consumer electronics, home appliances and gym equipment from various lifestyle brands. The Products can be purchased through the Platform through various methods of payments. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a replacement request, users are required to confirm that the product being replaced is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s replacement request shall be declined, and the said product shall be re-shipped back to the customer. Further, if the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Wowfas assumes no liability concerning the replacement or refund for the said re-shipped product. Also, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Wowfas does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. USER CONDUCT & RULES ON THE PLATFORM

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles-

  • You shall not host, display, upload, modify, publish, transmit, update, or share any information which belongs to another person and to which You do not have any right to is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatsoever is misleading in any way
  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous or infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses contains video, photographs, or images of another person (with a minor or an adult).
  • Tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • Interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
  • Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products violates any law for the time being in force.
  • 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 offence or prevents investigation of any offence or is insulting any other nation.
  • Shall not be false, inaccurate, or misleading
  • Shall not create liability for Us or cause Us to lose (in whole or part) the services of Our internet service provider (“ISPs”) or other suppliers.

A USER MAY BE CONSIDERED FRAUDULENT OR LOSS TO BUSINESS DUE TO FRAUDULENT OR LOSS TO BUSINESS DUE TO FRAUDULENT ACTIVITY IF ANY OF THE FOLLOWING SCENARIOS ARE MET-

  • Users don’t reply to the payment verification mail sent by Wowfas
  • Users fail to produce adequate documents during the payment details verification
  • Misuse of other Users’ phone/email
  • Users use invalid addresses, email, and phone numbers.
  • Overuse of a voucher code
  • Use of a special voucher not tagged to the email ID used.
  • Users return the wrong product
  • Users refuse to pay for an order
  • Users involved in the snatch and run of any order
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Wowfas
  • User with a very high return rate
  • Repeated request for monetary compensation for fake/used order

WOWFAS MAY CANCEL ANY ORDER THAT QUALIFIES AS ‘BULK ORDERS/FRAUD ORDERS’ UNDER CERTAIN CRITERIA AT ANY STAGE OF THE PRODUCT DELIVERY. AN ORDER CAN BE CLASSIFIED AS ‘BULK ORDERS/FRAUD ORDERS’ IF IT MEETS WITH THE BELOW-MENTIONED CRITERIA, AND ANY ADDITIONAL CRITERIA AS DEFINED BY WOWFAS.

  • Products ordered are not for self-consumption but commercial resale
  • Multiple orders are placed for the same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
  • Any order placed using a technological glitch/loophole.
  • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or cause to interrupt, damages the use by other Users of Wowfas.
  • You shall not use any false e-mail address, impersonate any person or entity, or otherwise misleads Wowfas by sharing multiple addresses and phone numbers or transacting with mala fide intentions.
  • We on certain landing pages even allow our Users to experience free exchange of ideas and observations regarding interest in the field of consumer electronics , including ‘viewing user-generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing, and/or posting any user-generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Wowfas on the Platform. You agree and undertake that when accessing, viewing, and/or posting any user-generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit any of these ‘Terms of Service’ of the Platform.
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  • You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
  • You 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, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You 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.
  • From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasise the attributes of such products or services to mislead other Users in any manner.
  • You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
  • The Content posted does not necessarily reflect Wowfas views. In no event shall Wowfas assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  • Wowfas hereby disclaims any guarantees of exactness as to the finish, appearance, size, colour, etc., of the final Product as ordered by the User. Wowfas Return & Exchange Policy offers you the option to return or exchange items purchased on Wowfas within the return/exchange period (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of repl of the purchased item, please refer to the “Return Policy” on our Wowfas.

4. CONTENTS POSTED ON PLATFORM

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), is third-party user-generated content and Wowfas has no control over such third-party user-generated content as Wowfas is merely an intermediary for this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual, and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted following applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use the information on the products and services purposely made available on the Platform for downloading, provided that You,

  • do not remove any proprietary notice language in all copies of such documents,
  • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  • make no modifications to any such information, and
  • do not make any additional representations or warranties relating to such documents.

5. DISCLAIMER OF WARRANTIES & LIABILITIES

  • All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Wowfas does not warrant that: Platform will be constantly available, or available at all or the information on Platform is complete, true, accurate, or non-misleading.
  • All the Products sold on Platform are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by Us from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, you consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment, or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

6. E-PLATFORM FOR COMMUNICATION

You agree, understand, and acknowledge that Wowfas is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time.

You further agree and acknowledge that Wowfas is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Wowfas.

7. INDEMNITY

You shall indemnify and hold harmless Wowfas, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy, and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

8. TRADEMARK, COPYRIGHT AND RESTRICTION

The platform is controlled and operated by Wowfas and products are sold by Us. All material on the Platform, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Material on Wowfas is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Wowfas or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of Our various Service. However, we reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually, and worldwide right to Us to use the content for reasonable business purposes.

9. LIMITATION OF LIABILITY

In no event shall Wowfas be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorised access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Wowfas shall not be held responsible for non-availability of the Wowfas during periodic maintenance operations or any unplanned suspension of access to the Wowfas. The User understands and agrees that any material and/or data downloaded at Wowfas is done entirely at the User’s discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, Wowfas’s liability shall be limited to an amount equal to the Products purchased value bought by You. Wowfas shall not be liable for any dispute or disagreement between Users

10. TERMINATION

Wowfas may suspend or terminate your use of the Wowfas or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Wowfas chooses to terminate them.

  • If You or Wowfas terminates your use of the Platform or any Service, Wowfas may delete any content or other materials relating to your use of the Service and Wowfas will have no liability to you or any third party for doing so. However, your transaction details may be preserved by Wowfas for purposes of tax or regulatory compliance.
  • Wowfas may unilaterally terminate Your account on any event as mentioned in the Terms of Use. Any credits earned through loyalty or referral program, Wowfas credit, and pending refunds if any will be forfeited in such a case. Returns/Refunds for such Users shall be at the sole discretion of Wowfas.
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Wowfas by sharing multiple addresses and phone numbers or transacting with malafide intentions, Wowfas reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

11. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Platform is presented solely for sale in India. Wowfas makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their initiative and Wowfas is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

12. GOVERNING LAW

These terms shall be governed by and constructed following the laws prevailing in India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forums etc. situated at Ludhiana only.

The place of jurisdiction shall be exclusively at Ludhiana only for all purposes.

13. CONTACTING US

At Wowfas, we are committed to ensuring that disputes between Us and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, if You wish to contact Wowfas about any of our products or services, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support or access the help centre at [email protected]

14. DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgement before entering into any transactions through Wowfas. We shall neither be liable nor responsible for any actions or inactions of manufacturers nor any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. At no time shall any right, title, or interest in the products sold through or displayed on Platform vest with Wowfas nor shall Wowfas have any obligations or liabilities in respect of any transactions on Platform.

DELIVERY RELATED– User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of the order or signature verification) shall be notified to Wowfas within 1-3 Weeks from the alleged date of delivery of product reflecting on the Wowfas portal. Non-notification by You of non-receipt or non-delivery within the time specified shall be construed as a deemed Delivery in respect of that transaction. Wowfas disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 1-3 Weeks from the alleged date of delivery of product reflecting on the Wowfas portal.

15. CART NOTIFICATION

You understand that in the event selected products in your cart are out of the inventory, Wowfas provides You an option in your cart to select the product of another manufacturer, You understand that price of the product by another manufacturer may differ.

16. MULTIPLE MANUFACTURERS

You understand that products of a particular style may be sold on the Platform by multiple manufacturers and the product price on the listing page of the Platform may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of several parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all manufacturers on the Platform for the relevant style.

17. PLATFORM FEE

Wowfas may levy a platform fee for providing access to the Platform, and on account of Your usage of the Platform, hereinafter referred to as “Platform Handling Fee” or “Platform Fee”, subject to the Terms of Use and the below terms and conditions:

  • The Platform Fee shall be specified on the checkout page on the Wowfas Platform.
  • The Platform Fee shall be charged on the overall cart value.
  • Wowfas reserves the right to modify/waive off the Platform Fee from time to time.
  • The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws for making payments to Wowfas Private Limited

18. FORCE MAJEURE

Wowe Retail Private Limited/Wowfas shall not be responsible or liable for any delay in failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond its reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strike, spread of pandemics, lockdown, curfew, act of any State or Central Governments or authorities, delays in obtaining licences or rejection of applications under the Statues, failure of communication infrastructure, power failure fire or floods etc.etc.

19. ADDITIONAL INDEMNITY

The company i.e Wowe Retail Private Limited is doing business of trading only and does not manufacture any product. The products are supplied by the company to customers after procurement of products from different vendors/manufacturers on ‘as it is’ basis and even do not pack or re-pack the products procured from venders/manufacturers. However, the company carries logistic packing of the products so procured. The company always tries to procure genuine and original products from the market/vendors/manufactures for supply to its customers. In case, any product procured by the company from any vendor/dealer/manufacturer is found to be fake or duplicate, the company shall not be responsible for the same and in that case the customer indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any said claim

The customer hereby agrees, confirms and acknowledges that the Product is owned by the Manufacturer or dealer of manufacturer from where the company has procured the products for supply to its customers and that the Company is merely a facilitator/trader for sale of the Manufacturer’s Product, hence the Company is not responsible/ liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever.