Terms & Conditions
The legal agreements set out below are between a user and the Fingo Shop. If you agree with these terms, you may continue using the website, if you don't agree to a part or complete terms of this agreement, do not proceed further and use this website. By accessing or subscribing to any part of Fingo Shop, you are explicitly agreeing to the Terms and Conditions listed below.
These Terms and Conditions (T&Cs) and all applicable policies (defined below), which are incorporated by way of reference, govern the rights and obligations of a user of Fingo Shop, while accessing and using Fingo Shop Platform (defined below) and (or) availing its Services (defined below) and (or) Indirect Services, as may be rendered by "CTOUCH PRODUCTS PRIVATE LIMITED" a company incorporated under the provisions of the (Indian) Companies Act, 1956, having its registered office at #1-89/3/4, 1st Floor,Raghuma Towers,Madhapur,Hyderabad Telangana-500081. ( hereinafter referred to as "Fingo Shop"), through Fingo Shop web (www.Fingo Shop.com or any other portal/subdomain which may be launched from time to time, including mobile and web applications and voice integration) to users from time to time. Any reference to "user" or "you" in the T&Cs means, you, the user of Fingo Shop Platform either for buying or selling the products (below) and (or) availing any of the Services and (or) Indirect Services available on Fingo Shop.
As a user, your access to and use of the Fingo Shop Platform are conditional upon your acceptance and compliance with our T&Cs at all times. By accessing, browsing and (or) using the Fingo Shop Platform and (or) availing any of the Services and (or) Indirect Services, you agree to be bound by these T&Cs and other guidelines, policies, and rules applicable to the Fingo Shop Platform and (or) Services and (or) Indirect Services being provided by Fingo Shop, as may be modified by Fingo Shop from time to time, which shall be deemed to be incorporated in these T&Cs by reference, at all times and unconditionally.
Fingo Shop shall have the sole authority to add, change, modify or remove these T&Cs or any of its policies relating to the provisions of Services and (or) Indirect Services n the Fingo Shop Platform, at any time, without prior written notice of intimation. It is hereby clarified that a user shall be responsible for reviewing the T&Cs and policies on the Fingo Shop Platform periodically and keep one's self updated.
The Services and Indirect Services on the Fingo Shop Platform are only available to users who are competent to enter into legally binding contracts under the Indian Contract Act 1872. Any user who shall be considered incompetent to contract as per the provisions of the Indian Contract Act, 1872, are not eligible to use Fingo Shop Platform, including minors and un-discharged insolvents. Any person using Services and (or) Indirect Services on behalf of a company/firm/partnership/proprietor, represents and warrants that it is duly authorized to accept the T&Cs and the Policies by the user and that such person has the authority to bind the user to these T&Cs and the policies.
Fingo Shop Platform is a platform provided by Fingo Shop for its users to list their products and to buy other products listed on it by various registered users. It is hereby clarified that Fingo Shop is not a party to any transaction between the users (Buyers and Sellers) of the Fingo Shop Platform and shall not be responsible in any manner, whatsoever, for any representations made by a user on the platform.
LISTING ON THE FINGO SHOP PLATFORM
Fingo Shop provides users with the Fingo Shop Platform to display and showcase merchandise / tangible products manufactured and (or) distributed by the users, and intangible products such as digital content through various media including, but not limited to, audio content, video content, games, etc., (Products) distributed by third parties and for sale and purchase by other users ordering and buying the Products on the Fingo Shop Platform. Fingo Shop shall also provide such other Services as may be included and modified by Fingo Shop from time to time. Fingo Shop may charge a user selling the products, for Services and (or) Indirect Services rendered from time to time. The fees payable by a user selling the products may include, listing fees, evaluation fees, commission on the product sold, transaction processing fees, integration fees, any other fees as may be levied from time to time in connection with the Services and (or) Indirect Services availed by such user. The Services and Indirect Services are governed by these T&Cs and all applicable Policies of the Fingo Shop Platform, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and (or) Indirect Services shall be subject to these T&Cs.
In addition to providing a platform to the users for listing the Products on the Fingo Shop Platform, Fingo Shop shall from time to time provide additional Services including setting up e-commerce platforms or web platforms for users to directly display and showcase its Products, create advertising space wherein users can advertise their Products (Indirect Services). The list of Indirect Services may be amended and modified by Fingo Shop from time to time at its own discretion and option. The user hereby agrees and undertakes that such Indirect Services may be offered by Fingo Shop from time to time at such additional charge. The Seller shall on its own provide all relevant material and price information/deals and offers related to the Products to Fingo Shop for including the said information and details on the Fingo Shop Platform. All such information shall be provided to Fingo Shop at least 5 days in advance of listing the Products and shall be in the manner prescribed by Fingo Shop from time to time.
The Seller shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products offered on the Fingo Shop Platform. The rates provided to Fingo Shop for display on Fingo Shop Platform shall at all times include all applicable taxes, fees, charges and any other payments due to any other parties by the Seller. The Seller on the Fingo Shop Platform agrees that it shall keep Fingo Shop indemnified as per the T&Cs.
The Seller shall not offer out-of-stock or expired Products for sale and shall be solely liable for efficiency, quality, quantity, and its ability to sell the Products. Fingo Shop shall not be responsible for the quality, quantity, stability, or other specifications of the Products offered to be sold and purchased on the Fingo Shop Platform. Fingo Shop shall not be responsible for any errors or omissions in relation to the Products.
The Seller confirms and undertakes ownership of the Products and confirms that it shall at all times have the marketable and legal ownership and title in respect of all Products offered on the Fingo Shop Platform and shall pass on marketable and legal ownership and title to the user buying the Product upon completion of a transaction.
The Seller shall inform Fingo Shop of the terms of sale of its Products and confirm the return and refund policy as specified in the T&Cs and the Delivery and Shipment Policy (Below) offered by Fingo Shop for completing transactions.
The Seller shall comply with all applicable laws and regulations in offering the Products and shall ensure that all requisite approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable the Seller to offer Products for sale through the Fingo Shop Platform and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies or cause any detriment to the transactions herein envisaged.
The Seller shall duly comply with all requirements specified in these T&Cs and all other applicable Policies of the Fingo Shop Platform as may be amended from time to time by Fingo Shop.
All complaints relating to the Products purchased from the Fingo Shop Platform shall be routed through the User complaint/redressal mechanism provided on the Fingo Shop Platform. The Seller shall be responsible to resolve any complaints regarding the Product that may be raised by a Buyer and other complaints to the satisfaction of the Buyer. Fingo Shop shall only be the facilitating link between the Buyer and the Seller for any complaints in relation to the Products sold. The Seller agrees and confirms that all customer complaints, product complaints, and transaction failure complaints shall solely be to its account and it shall undertake all necessary steps as may be required as per the complaint/redressal mechanism of Fingo Shop to resolve the complaints at its own initiative and cost. Further, the Seller should acknowledge that Fingo Shop shall not in any way be responsible for ensuring resolution of the complaints and Fingo Shop shall not in any manner either directly or indirectly be liable for any claims made by a user in relation to the Products provided on/through the Fingo Shop Platform.
The user does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (IT Act) as also rules, regulations, guidelines, bye laws and notifications made thereunder (while assessing or feeding any information/data into the computers, computer systems or computer network of Fingo Shop). The user does further unequivocally declare that in case of any violation of any provisions of the IT Act and (or) rules, regulations, guidelines, bye laws and notifications made thereunder, the user shall be solely responsible, at its sole cost and expenses for all acts, deeds, and things and that the user alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.
The user acknowledges that it shall take all precautions as may be directed by Fingo Shop to ensure that there is no breach of security and integrity of the Fingo Shop Platform. Fingo Shop shall not be responsible for any loss incurred by a user for a failed / incomplete Transaction on the Fingo Shop Platform.
The user acknowledges that Fingo Shop has no connection or interest, whatsoever, in the business of the user and (or) third party selling the Products on the Fingo Shop Platform or the Products marketed by such users and (or) third party and Fingo Shop does not in any manner take part in the business of the user and (or) third party, directly or indirectly and is not responsible for the Products provided by the User and/or third party. A Buyer hereby acknowledges that before placing an order for a Product it has performed a diligence and background check of the user and/or third party selling the Product and is entering into the transaction being aware of the T&Cs The user further acknowledges that Services and Indirect Services being provided by Fingo Shop is being provided by it as an independent contractor, and Fingo Shop is in no manner acting as an agent of either the User or of the third party.
The user acknowledges that the Fingo Shop Platform shall provide information pertaining to other users and (or) the third party availing the Services and (or) Indirect Services and information pertaining to Fingo Shop. The user hereby agrees that it shall not copy, modify, distribute or misuse any information provided on the Fingo Shop Platform for its personal use or gain. The user acknowledges that Fingo Shop is the sole and rightful owner of the Intellectual Property and the user agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&Cs. "Intellectual Property" shall mean all information and content available on the site, and also its "look and feel," including, but not limited to, audio clips, brand name, button icons, data compilations, graphics, images, know-how, logos, service marks, software, trademarks and trade secrets, whether registered or not, belonging to Fingo Shop.
The user further acknowledges that Fingo Shop may collect, transfer, store and use the information provided by such user on its Platform for the purpose of providing the Services and the Indirect Services.
The user acknowledges that Fingo Shop liability with respect to the Services and Indirect Services shall be limited and shall be as per these T&Cs. Fingo Shop reserves the right, in its sole discretion and without assigning any reason, to exclude certain Products offered by a User from being displayed for sale on the Fingo Shop Platform, wherein such Products are deemed unfit or unsuitable by Fingo Shop at its sole discretion.
The user agrees and confirms that the sole and exclusive responsibility and obligation of Fingo Shop are to ensure that the Services and Indirect Services are being provided in compliance of all applicable laws, rules, and regulations.
The user acknowledges that the Services to the Fingo Shop Platform may be interrupted while browsing, transacting, using or uploading information on the Fingo Shop Platform. The user further agrees that Fingo Shop reserves the right to suspend the Services and (or) Indirect Services, forthwith without assigning any reason whatsoever, at the sole discretion of Fingo Shop.
The user agrees that, if it does not agree to the applicability of any of the T&Cs and the Policies contained herein or other Policies on the Fingo Shop Platform, then the only remedy a user shall have will be to not use the Services and discontinue using its account on the Fingo Shop Platform. However, till such time that the user uses the Fingo Shop Platform and avails the Services and (or) the Indirect Services it shall be deemed that the User agrees to and shall continue to adhere and abide by the T&Cs and the Policies.
The user agrees and confirms that the payment gateway and logistic support Services are being provided by Fingo Shop on a best efforts basis with all efforts to keep these valid and subsisting. Fingo Shop shall not in any manner be liable to a user for failure or delay in providing these Indirect Services.
The user will be required to provide a valid phone number in order to avail the Services and/or Indirect Services provided by Fingo Shop, including and not limited to placing orders for buying the Products. By registering their phone number with Fingo Shop, the user consents to be contacted by Fingo Shop via phone calls and (or) SMS notifications, in case of any order or shipment or delivery related updates.
The user undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which a user does not have any right to;
(ii) is abusive in any nature, blasphemous, defamatory, derogatory, harassing, hateful, grossly harmful, libelous, obscene, pedophilic, pornographic, slanderous, threatening, invasive of another's privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or any information that advocates violence against any individual or group or is otherwise unlawful in any manner;
(iii) infringes any patent, trade secret, trademark, copyright or other proprietary rights or rights of publicity or privacy of any third-party;
(iv) violates any law for the time being in force;
(v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vi) impersonates another person or includes identity documents and (or) personal information including financial details
(vii) any information that is fraudulent, misleading and/or misrepresenting as to the nature of the goods and Services or pertains to the sale of any illegal, counterfeit, stolen or unauthorized goods and (or) Services.
The User, and/or the third party selling the Products on the website shall ensure, at all times, that any of its Products which are listed on the Fingo Shop Platform is not:
(a) alcoholic beverage, liquor, tobacco product, drug, narcotic, any psychotropic substance, medicine, intoxicant of any nature, any substance of curative nature, any good or service which is prohibited under any law in force including but not limited to the Drugs and Cosmetics Act, 1940, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Indian Penal Code, 1860 and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955;
(b) any living or dead body of any human being and (or) any part of a human being preserved in a natural or artificial manner, including but not limited to blood, organ or bodily fluids;
(c) any living or dead body of any creature and (or) any part of the creature preserved in natural or artificial manner, including but not limited to rugs, skins, specimens of any creature, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, any animal product which is prohibited from being sold and (or) bought under any law in force including but not limited to the Wildlife Protection Act, 1972 or the Environment (Protection) Act, 1986;
(d) any object and (or) information including but not limited to books, artifacts, idols, scriptures or paintings which is in relation to any religion or belief and (or) is likely to involve and (or) evoke, in any manner, religious sentiments of any individual or group;
(e) any cinematograph, video, graphics or any other material the display, use, public exhibition and (or) sale of which is prohibited under any law in force and/or includes any subject-matter which offends the prevailing reasonable standards of morality, decency and (or) propriety or is likely to be repulsive or offensive in any manner, whatsoever, so as to deprive any individual's mind;
(f) any artifact, antique or any material treated like a treasure the use, storage or collection of which is prohibited under any law in force including the Antiquities and Art Treasures Act, 1972;
(g) any good, object, service or material which is counterfeit, stolen, unauthorized, illegal and/or pirated;
(h) any good, object, service or material which is likely to infringe or pass off any third-party intellectual property or is likely to interfere, in any manner whatsoever, with a third-party's right to privacy and (or) publicity;
(i) is hazardous or dangerous in nature or is likely to cause harm to any person's body or property including but not limited to hazardous chemicals, pesticides and (or) any other material found or used in fireworks, explosives and (or) destructive devices;
(j) any weapon or item which is likely to inflict harm on an individual's body and/or property including but not limited to firearms or any of its parts, ammunition, tear gas, switchblade knives, or any other device or item prohibited under any law in force including but not limited to the Indian Arms Act, 1959;
(k) a lottery ticket, sweepstakes entry, slot machine or any other device, object or service related to gambling or similar activity;
(l) any item which is or has, in any part, Government symbols, emblems, items or insignia including military badges, uniforms and any other material, symbol or item the use of which is limited or prohibited under any law in force including but not limited to the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002;
(m) any security within the meaning of the Securities Contract Regulation Act, 1956, including but not limited to shares, bonds, debentures and/or any other financial instrument or asset of any description;
(n) any scheme which is listed for the purpose of defrauding other users including but not limited to pyramid schemes, multi-level marketing, and those schemes which are abusive, duplicate, fraudulent and/or spam; or
(o) any offensive material intended for use in any sexual setting, display of sexual activity, material relating to items intended for use in sexual activity including Products with graphic adult language;
(p) any other product, item, material or service which, as per the sole and absolute judgment of Fingo Shop. The user and (or) third party, listing and (or) selling its Products on the Fingo Shop, Platform explicitly acknowledges and agrees that Fingo Shop has the right to remove any of the Products listed by the user and (or) third party on the Fingo Shop Platform in the event the Product falls under any of the above-mentioned categories, as per the sole and absolute discretion of Fingo Shop.
Return, Replacement, Refund, and Cancellation
For Products purchased on Fingo Shop, in the event the user has any concern with the Product, the user shall inform Fingo Shop within 48 hours by raising a complaint at [email protected] or call on 1800-313-9899.
Fingo Shop will process the return and refund process as per the return policy as specified in this section.
In case of electronics (like mobile, fridge, TV, washing machine, etc.), return can be made only (i) in case the Product delivered to the Buyer is in non working conditions or (ii) the electronic Product is returned in seal packed box by the Buyer or (iii) if there are no service centers near the location of the Buyer in relation to the faulty electronic Products.
In case the Buyer wants to return precious jewelry, same needs to be packed in a proper wooden/metal box with tamper - proof packing and seal.
All electronics and precious jewelry products must be in new and unopened condition with all the original packing, tags, inbox literature, warranty/guarantee card, freebies and accessories including keys, straps, and locks intact. Any item returned showing signs of wear or engraved, altered, resized or damaged in any other manner shall not be accepted for return.
In the case of industrial goods, a return will be accepted only in case of wrong, defective, damaged products.
All innerwear products are not eligible for return due to hygiene reasons.
In case a user feels a product does not match what is shown in the product image on the website, the product is liable to be returned on the condition that it must be in new and unopened condition with the original packing.
Fingo Shop shall endeavor to process of refund within 5/7 working days from the date the request is made to Fingo Shop's Grievance Department. However, in the case of electronics and precious jewelry, the refund will be processed once the product reaches the Seller in original condition with all original packing, etc.
If you have received a damaged product, please initiate a return on our website within 3 days from the time of delivery. Our courier partner will pick the damaged product from your doorstep and will replace it within 7 working days at no extra cost.
In case we receive a cancellation notice from you within 24-Hrs of placing the order and the order has not been processed by us, we will be more than happy to cancel the order and refund the entire amount to you within 10 to 15 days. We will not be able to cancel those orders that have already been processed and shipped out by us.
Refunds / Returns shall NOT be allowed in the following cases:
(i) return request is made outside the specified time frame of hours as specified above.
(ii) in a case where price tags, labels, original packing, freebies and accessories, box are missing.
(iv) if the Product is damaged by the Buyer, in any manner as may be determined by Fingo Shop at its sole discretion.
(v) if the product has been used by the user buying the Product.
(vi) Product sold as combo/sets cannot be returned as an individual Product.
DELIVERY & SHIPPING POLICY
The Seller has the option of delivering the Products on its own or availing the Services of Fingo Shop in relation to delivery by the logistic partner(s) of Fingo Shop as per the Delivery and Shipping Policy of the Products specified below.
It is hereby clarified that in the event the Seller opts for availing the Services of Fingo Shop in relation to delivery, a delivery charge as specified on the Fingo Shop Platform may be payable by the Buyer on account of the delivery of the Product by Fingo Shop ("Delivery Charge").
Fingo Shop ships Product(s) to most locations within India. For logistical reasons, we are unable to deliver to some locations which are unserviceable. These locations keep on changing and depend on serviceability by our logistics partners. Fingo Shop does not deliver items internationally. The Buyer will be able to make purchases on the Fingo Shop Platform from anywhere in the world, however, the delivery address should be in India.
All Fingo Shop orders will be shipped to the Buyer in accordance with the terms of these T&Cs –
In the case of local area deliveries, as specified on the Fingo Shop Platform, the Product(s) shall be shipped the next day from the time of successful placement of an order by a Buyer, subjected to the availability of the Product with the Seller. In case of national deliveries, outside the local area deliveries, as specified on the Fingo Shop Platform, the Product(s) will be shipped and delivered to the buyer within 12 working days of placing the order, depending on the availability of the Product with the Seller and serviceability of delivery location. In some cases, it may take more than 12 working days, due to the geographical location of the Buyer.
Failure To Receive Order
The logistics partner of Fingo Shop shall make all reasonable efforts to deliver the Products ordered by the Buyer, at the address communicated by it at the time of placing the order. However, if the Buyer is not able to take delivery of the Product, the same would be returned back to the Seller. In the event, the Buyer requests Fingo Shop to resend the Product, the same would be resent only if the Product is available with the Seller. In case of such an event, the Seller may at its discretion levy additional delivery charges. In the event, the Seller is unable to send/resend the Product due to its non-availability, the amount/ price paid for the Product by the Buyer shall be credited back to the account where payment has been made from, through payment gateways.
**In case of Cash on Delivery, a Buyer will have to furnish its bank details through which payment will be directly credited within Fingo Shop's working days time-frame. If the Buyer wishes, Fingo Shop will provide with a voucher in place of a refund for future shopping purposes.
Fingo Shop may dispatch the multiple ordered Products in separate parcels and on different dates.
Delivery for Cash on Delivery Orders
All cash on delivery order payments has to be made at the time of order delivery to our logistics partner. The Product(s) would be handed over to the Buyer only after receiving the payment for the Product(s).
Fingo Shop will make its best efforts to keep the Buyer informed about its order. However, the Buyer can also contact the Fingo Shop's customer care center to inquire about the status of its order.
DISCLAIMER OF WARRANTIES AND LIABILITIES
It is hereby clarified that all Products or Services made available to a user through the Fingo Shop Platform are provided on an 'as is' and 'as available' basis, without any representations and warranties expressed or implied by Fingo Shop.
Fingo Shop does not make any representations pertaining to the information, content, Products or Services included on or otherwise made available to a user through the Fingo Shop Platform.
Fingo Shop Platform uses ordinary industry standard technology designed to help keep your personal information safe. The Secure Server Software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, Fingo Shop will employ commercially reasonable and realistic security practices and procedures, and security methods and technologies. Fingo Shop will also ensure on reasonable and commercial efforts basis that any agent or third party that we employ complies with the same security standards as us, for the protection of your personal information. Your information may be transferred to or be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may not be as protective as those where you live.
If you are located outside India and choose to provide information to us, please be aware that Fingo Shop Platform keeps or transfers information to India and processes it there. Your submission of such information represents your agreement to that transfer. Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive hard to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
Identity theft and the practice, currently known as "phishing," are of great concern to Fingo Shop Platform. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
SHARING AND DISCLOSURE OF INFORMATION
Notwithstanding the above, Fingo Shop uses other third parties such as a credit/debit card processing companies, payment gateway, pre-paid cards, etc. to enable the user to make payments for buying products or availing Services on Fingo Shop. When the user signs up for these Services, he /she may have the ability to save card details for future reference and faster future payments. In such case, Fingo Shop may share relevant personal information as necessary for the third parties to provide such Services, including the user's name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions, and Fingo Shop is not in any manner responsible or liable to the user or any third party for any delay or failure at their end in processing the payments.
Fingo Shop may also share Personal Information if Fingo Shop believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person and violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing, and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.