Bhati Mobile
Mobile Phone store
Terms and Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/or transacting and/or usage of www.bhatimobile.in and sets out the terms and conditions governing it and the disclaimer "(Terms & Conditions)".
All kinds of correspondence should be addressed to the support office address as given above.
Use of this Website is regulated by the Terms & Conditions provided herein. Users’ visit, dealings, transactions and/or otherwise using this Website shall be treated as you have read, understood and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and the User. If the User does not agree with any and/or all of these Terms & Conditions, then the User should stop dealing with and/or cease to initiate and do any transaction on this Website. By impliedly or expressly accepting these Terms of Use, the User also accepts and agrees to be bound by Bhati Mobile Policies (including the privacy policy) as amended from time to time.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, are solely for the User's information and subject to the Users acceptance of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. The User's use of the Website and/or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, service providers and/or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information.
The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict Users’ access to parts and/or all of the services without notice and/or liability to the Users.
1. Definitions
a. The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
i. "Agreement" shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
ii. "Company" shall mean Bhati Mobile.
iii."Product(s)" shall mean any good and/or service offered for sale on the Website for consideration.
iv. "Refund Policy" shall have the meaning ascribed to it in Clause 8.
v."User"/"Users" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.bhatimobile.in in any way.
2. Eligibility
a. Any person who is above eighteen (18) years of age, transacting in legally acceptable currency and competent to enter into a valid contract as defined under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If the User is not competent to enter into a valid contract then the User is prohibited to visit, use, deal and/or transacting at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as defined under the Indian Contract Act, 1872.
b. User agrees to be responsible for maintaining the confidentiality of User display name and passwords and User shall be responsible for all activities that occur under User’s display name and password. User shall further be responsible for User's use of the services and access of the Website (as well as for use of Users account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation Users name, email address, street address, telephone number, mobile number, credit/debit card and/or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may render the User’s account to be temporarily or permanently suspended or indefinite blockage of access to the Website.
3. Registration Data
a. User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. The user shall be solely responsible for the confidentiality of their User Id and Password.
b. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
c. User shall not (a) select or use the name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of or cancel User id at its discretion.
d. In order to ensure that the Company is not violating any rights that the User may have in his/her Information, the User hereby agrees to grant in favour of the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the database rights which the User has in his/her Information, including but not limited to rights in any media now or in future with respect to Users Information solely to enable the Company to use the information supplied by the User to the Company. The Company will only use User's Information in accordance with the Agreement.
e. User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
i. Delivery of Product(s) at the wrong address furnished by User
ii. Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User or the User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, and/or misleading information to the Company.
4. Cancellation and blocking due to Bulk Purchases and fraudulent transactions on bhatimobile.in
a. This site is meant for retail customers. If we find that the purchased product is bought/used for re-selling, or is a bulk purchase (more than 2 units), we reserve the right to cancel such orders and initiate the refund of said orders within 14 working days. This encompasses, placing an order with multiple quantities of the same or different products, spanning across multiple orders, under the same name, group, mobile number, email address, or IP address. We may, at its discretion, treat the said order as a bulk order, and reserves it’s right to cancel/reject such order(s) partially or completely, and also to block these users permanently from transacting on bhatimobile.in and our stores as well without any notice and liability.
b. If we notice any fraudulent transaction, including but not limited to return of fake/old/damaged products in place of original product, or if user does not return the product even after we refund the amount paid for the product, we reserve our right to restrict such user’s future transactions, and/or block these users permanently from transacting with us without any notice and liability.
5.1. Representations and Warranties
a. User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, and does not violate rules and regulations.
b. User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, partners and/or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail/information posted by User without any prior intimation to User.
c. User agrees and undertakes that she/he shall be solely responsible for his/her Information and confirms that information submitted by User:
i. is correct, complete, relevant and accurate.
ii. is not fraudulent.
iii. does not stalk or otherwise harass another user
iv. does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
v. shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
vi. shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
vii. shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
viii. shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
ix. shall not be or include material that is technically harmful (including, without limitation, computer/mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish the value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
x. shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
xi. is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
xii. is not illegal in any other way.
xiii. Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail/information.
The user confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
d. User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
e. User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. User agrees and understands that she/he is responsible for all of his/her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website.
f. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/or by the applicable law. Also, the User must not harass, intimidate or impersonate other Users or use any information obtained from the service in order to do so.
5.2. Store Pick Up Service
a. The Users shall pick-up the Product(s) within Forty-Eight (48) hours of receiving the Invoice on the Website from such stores of the Company as may be selected by the User from the Store locator "(Store)" during the transaction on the Website "(Store Pick Up Service)". In case the Product(s) is not collected within the aforesaid stipulated time, the Company may at its sole discretion cancel the order at the point of time and the money will be refunded in accordance with the Refund Policy.
b. An original valid Photo ID of the User whose name is mentioned on the invoice from the list of valid Photo IDs acceptable by the Company shall be produced at the time of pick-up. The same will be scanned and kept in the Company's records for any future references -
i. Pan Card
ii. Valid Driving licence
iii. Election Card
iv. Passport Copy
v. Aadhar Card
vi. Valid College ID (considered only for students)
c. In case the Customer who placed an order on the Website cannot visit the store of the Company for collecting the Product, the User can send anybody with authority letter, printed copy of the order confirmation email and copy of the photo identity proof which would be presented along with the said representative’s photo identity proof.
d. The User shall have to visit the Store in case of any returns and/or refunds in respect to the Product(s) which are purchased by the User by availing the Store Pick up Service option.
e. The Company hereby expressly states that any request from the User in respect to any change in colour and/or model of the Products purchased by the User through the Website shall not be accepted by the Company.
f. The order for the purchase of the Products placed by the User using the Store Pick Up Service can be cancelled by the User at the Store.
6. Pay-on-Delivery Order Cancellations/Replacement
a. If you want to cancel the order, please do so by calling on +919660962050
b. Once the product is delivered it cannot be returned however in case of any defect or damage in transit or where the product delivered is different from the product for which the order was placed, the User may by following the requisite steps replace such product.
c. Company may in case of a shortage of stocks or in any case it deems fit accept the products and choose to return the amount paid by the User. The remittance would be done via NEFT.
d. All eligible refunds for Pay on Delivery transactions will happen in the Users Account via NEFT.
7.1. Payment Terms
a. User shall be entitled to use a valid credit/debit and/or any other payment cards, or online banking facility to make payment against any transaction being effected at the Website. The user undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit/debit and/or any other payment cards, or online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/information relating to his/her credit/debit and/or any other payment cards or online banking accounts.
b. User hereby agrees and understands that the facility of finance by way of equated monthly instalment (EMI) is provided by banks and/or NBFCs and available for the purchase of specific products. User understands and agrees that for converting any Purchase Transaction into EMI, the same is done by respective Banks and/or NBFCs and not by the Company. EMI is at the sole discretion of the bank and/or NBFCs. Any refund-related to interest charged to the customer should be dealt with the issuing bank and/or NBFCs directly. For PayLater/deferred payment option, the Company may need to provide the User's information to the third parties to facilitate this payment option. Such third parties may contact the User for documentation and payment. The User shall be solely liable and responsible for the payments under this option and the Company shall not be liable in any case for the incidental actions arising from the delayed or non-payment under this option. The User is advised to read the detailed Terms and Conditions before availing of this payment option. User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental to the User arising, directly or indirectly, out of the decline of authorization for any transaction, resulting from the User exceeding his/her present permissible payment limit under the credit/debit and/or any other payment cards and/or online banking accounts.
c. The Company confirms that the detail provided by the User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
d. Further, the Company actively reports and prosecutes actual and suspected credit/debit/cash card fraud. The Company may require further authorization from the User such as a telephone confirmation of Users order and/or other information. The Company’s decision to require further authorization is at its sole discretion. The company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected. The company shall not be liable to the User for any loss resulting from such cancellation.
e. The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If an order is suspected to be fraudulent, all records will be submitted with or without a