Contract: All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. By agreeing to the terms and conditions of kiwecart  then you are agreeing to that fact that kiwecart is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time for any location, herein you further agree that kiwecart is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Sale of products on the website shall be bipartite contract between you and the sellers in kiwecart.com.

Representation: Kiwecart does not make any representation or Warranty (express or implied) as to specifics (quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality etc )of the products or services proposed to be sold or offered to be sold or purchased on the Website. Kiwecart accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Kiwecart does not take any warranty of content, information, software, products, services and related graphics on the website.

Breach of Contract: Kiwecart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Kiwecart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Kiwecart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

Warranty: Kiwecart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Kiwecart  advises to independently verify the bona fides of any particular. Kiwecart does not take any warranty of content, information, software, products, services and related graphics on the website.

Right, Title or Interest over product: Kiwecart does not hold any right, title or interest, nor have any obligations or liabilities in respect of any contracts entered into between buyers and sellers. Kiwecart does not take any responsibility for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Bipartite contract: Kiwecart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

Limitation of Liability: Kiwecart shall not be liable in any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages. At Kiwecart, has a Dispute Resolution process in order to resolve disputes between Buyers and Sellers. When a dispute has been raised, Kiwecart may provide both the parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Kiwecart for settling the dispute. Kiwecart disclaims that he will neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.

Buyer Dispute Program

When dispute arises between buyers and sellers, buyers should first contact sellers directly to try to find a solution. If the parties cannot resolve their dispute the Kiwecart Payments Buyer Dispute Program provides a mechanism to address the buyer’s complaint, including under the Kiwecaer Buyer Dispute Program. Buyer Disute Program Works where :

1. In case of a dispute where the Seller is unable to provide a refund or provide a replacement, Kiwecart will actively work towards reaching a resolution between Buyer and Seller. The Buyer Dispute Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
2. The Buyer can write to resolution@Kiwecart .com if the issue with the Seller is not resolved. Kiwecart ’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
3. In due course of resolution, Kiwecart ’s Customer Support Team will facilitate email support between the Seller and the Buyer and if required a conference call too.

Payment : While availing any of the payment method/s available on the Website, Kiwecart will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

Guidelines to be followed before submitting a complaint

• A complaint needs to be submitted within 30 days of making payment. If the seller fails to offer a refund or exchange within 30 days of shipment, for any discrepancies in the item, the consumer can file coverage under the Kiwecart Dispute Program.
• Circumstances in which the item delivered is considered to be “materially different”: (1)Wrong version or edition, (2)Item condition or details not as describe, (3)Wrong item, (4)Missing parts or components, (5)Defective item, (6)Damaged item.

Please note that if disappointment with the satisfaction of the item will not be a ground under ‘materially different’.

• Limitation Period: The consumer must wait for at-least 15 days from the date of purchase. From that point the limitation period extends to 75 days to submit the claim.
• Requirements to Submit a Complaint: (1) The claim must be timely filed, (2) If you have received a materially different item, you must contact the seller within seven (7) days of receipt to request return information, (3) If your item becomes defective more than 30 days past the shipment date and it is under warranty, you must contact the manufacturer for repair or replacement, (4) If you paid by credit card and the issuing bank has initiated a chargeback, then you are not eligible for coverage.
• Submit a Complaint: For submitting a complaint log onto your Kiwecart Payments account or by clicking here ( Link  to be provided )

Governing law and Jurisdiction

Though operating in India, by agreeing to the terms and condition you agree that in case of any dispute you will be governed by laws of India and exclusive jurisdiction lies with the court of Shillong.

   

Shipping Policy

What is Kiewcart.com’s Shipping Policy?

Kiewcart.com endeavours to deliver the shopped products at the earliest to its customers. We assure you that all due precautions are taken so that your package reaches you safely.

How long will my order take to arrive?

 An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to bad weather, flight delays, political disruptions and other unforeseen circumstances. In such cases, we will inform you by email or phone call..However kiwecart.com  is not liable for any delays caused due to circumstances beyond our control.

Delivery 3-5 Business days

For Non Metros and cities not mentioned above, usually your order should reach your doorstep within 5 business days from the time it was confirmed with us. In few locations, the delivery may take longer, depending on the accessibility of your location by our logistics partners. 

Can I expect delivery on all days of the week?

You can expect delivery of your order on business days. Business days are defined as all working days from Monday to Saturday, excluding national and state holidays. 

Why did I receive a partial Order?

Please check if your order contains items with different delivery time. Items with different delivery time are shipped to you separately so please don’t worry your item is on its way.

In some instances, there could be an item in your order that may have failed our Quality Check, which is done prior to dispatch, and don’t have an alternate QC passed item. In such an event you may be sent that part of the Order that is available in stock. Be assured that we will make every attempt to procure the product/s and have it delivered to you at the earliest opportunity unless cancelled by you.

In case we are unable to fulfill your purchase we will refund you the payment made towards that item.

Tracking

How do I track my Order?

Email and sms are sent to you after the Order is shipped that contains the tracking number and name of the logistics provider.

Visit the website of the logistics provider and enter the tracking number for your shipment details.

I should have received my order by now but I haven’t. What do I do?

If you have the tracking information ( reference number and name of the Courier partner) please visit the courier partner’s site and check for your Order. You can call the courier partner with your reference number for clarification. If you need further information, do email us  at feedback@kiewcart.com  with order number and we will assist you.

Cancellation and Return Policy:

 

Returns : Return is the action of giving back the item purchased on the Website by a buyer to the seller. The following situations may arise:

1. Item was defective / missing
2. Item was damaged during shipping / Wrong item was sent by the seller
3. Return could also result in refund of money in most of the cases.

Points to be noted:

1. You can always accept a return irrespective of the policy.
2. If you disagree to a return request, the buyer can file a dispute under. Buyer Protection Program (refer to Buyer ToU for more details)

We encourage buyers to review the listings before making their purchase decisions. In case a buyer orders a wrong item, the buyer shall not be entitled to any return/refund. A buyer needs to raise the refund request within 7 days of delivery. Once the buyer has raised a return request by contacting us on the toll-free number, you can select one of the following while closing the return receipt:

1. Replace after shipment collection (You have agreed to wait for the logistics partner to collect the shipment from the buyer before replacing it)
2. Refund after shipment collection (You have agreed to wait for the logistics partner to collect the shipment from the buyer before refunding)
3. Refund without shipment collection (You have agreed to refund the buyer without expecting the original shipment back)
4. Replace without shipment collection (You have agreed to replace the order without expecting the original shipment back)
5. In case a seller doesn’t close the ticket in 3 days from the date of receiving intimation about the refund request, the refund request shall be settled in favor of the buyer.

Further, for a return being made by the buyer to the seller, the following parameters

need to be ensured by the buyer:

Category	Condition
Electronics	Should be New with original accessories included
Clothing and Footwear	Should be “New & Unworn” (other than for trial)
Beauty, Health & Personal Care	Should be “New & Unopened”
Sports & Equipment’s	Should be “New” and returned with original packaging
Office Products	Should be “New” and returned with original packaging

If a product being returned is not in accordance with the above parameters, then the buyer shall not be entitled to any refund of money from the seller.

The shipping cost for returning the product shall be borne and incurred by the seller.

Replacement Policy:  Replacement is the action or process of replacing something in place of another. A buyer can request for replacement whenever s/he is not happy with an item, the reasons for which could be damaged shipping, defective item, item(s) missing, wrong item shipped and the like.

Points to be noted:

1. A seller can always accept a return irrespective of the policy.
2. If a seller disagrees to a return request, the buyer can file a dispute under Buyer Dispute Program.

 A buyer needs to raise the replacement request within 7days of the date of delivery of products. Once a buyer raises a replacement request (say, by contacting us on the number provided or through email provided on the Website), the following steps shall be followed:

1. The buyer shall be asked the ‘reason for return”. Among others, the following may be the reasons:
2. hipping was damaged
3. Item was defective
4. Item (s) dead / missing on arrival or during packaging
5. Wrong item sent

2. An intimation shall be provided to the seller seeking either ‘approval’ or ‘rejection’ of the replacement request.
3. In case the seller accepts the replacement request, the buyer shall be required to

return the product to the seller and only after return of the product, the seller shall be obliged to provide a replacement product to the buyer.

4. Incase the seller rejects the replacement request, the buyer can choose to raise a dispute by writing to dispute@Kiwecart .com.
5. In case the seller doesn’t have the product at all, the seller can provide a refund to the buyer and the buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
6. If the seller doesn’t respond to the buyer’s replacement request, within three (3) days from the date of replacement request placed by the buyer, a refund shall be processed in favour of the buyer and the seller shall be liable to refund the amount paid to the seller.
7. All shipping and other replacement charges shall be borne and incurred by the seller.

If you are a buyer then you are subject to following restrictions:

1. There is a limitation period of 30 days in which you have to file the complaint.
2. The first step which a buyer should take is contact the seller to resolve the disagreement. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Kiwecart  by writing an email to  customercare.kiwecart@gmail .com
3. Buyers are not allowed to immediate refund of money or replacement of the product. Kiwecart will be first verifying the disagreement and will be processing the claims that are valid and authentic. Don’t initiate invalid or false claim or don’t provide incomplete or misleading information because Kiwecart reserves right to commence civil and/or criminal proceeding against you in these cases.
4. Buyers can make a maximum of 5 claims per year on Kiwecart excluding the withdrawn claims. The coverage amount will be limited to 25,000.Claims related to ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this system..
5. If there is a delay in shipment or delivery of the item by seller then as a buyer you cannot file a complaint or Kiwecart cannot entertain any claim through this system.