Term Conditions Page
Conditions Relating to Your Use of Wainsy.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.
2. Privacy
The personal information / data provided to us by you during the course of usage of Wainsy.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Wainsy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Wainsy.com
4. Access to Wainsy.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Wainsy grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wainsy online platform and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold,resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Wainsy online platform and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wainsy.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Wainsy online platform or its affiliates' names or trademarks without the express written consent of Wainsy and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Wainsy online platform and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Wainsy.com as long as the link does not portray Wainsy online platform products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wainsy.com logo or other proprietary graphic or trademark as part of the link without express written consent of Wainsy online platform and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Wainsy.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue.
to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Wainsy.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Wainsy violates these Conditions of use and, or terminate your permission to access or use this website.
8. Claims against Objectionable Content
You can refer to the product detail page on Wainsy.in for checking any product details provided by the seller regarding the following:
the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.
mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; .
goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage; .
importer and the guarantees related to the authenticity or genuineness of the imported products; and.
guarantees or warranties applicable to such goods or services. .Further, all contractual information required to be disclosed by law is incorporated as part of the Wainsy Agreement executed by each seller on Wainsy.com, prior to listing its products. .
Because Wainsy.com lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Wainsy.com operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, Wainsy.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
9. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wainsy and , its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Wainsy Online platform and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Wainsy and, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.You may not systematically extract/ or re-utilise parts of the contents of the website without Wainsy online platform and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Wainsy online platform and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Wainsy and / or its affiliate's (as may be applicable) express written consent.
10. Intellectual Property Claims
Wainsy and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
11. Trademarks
WAINSY and other marks indicated on our website are trademarks or registered trademarks of Wainsy.com,or its subsidiaries (collectively "Wainsy"), in the India. Wainsy.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Wainsy. Wainsy's trademarks and trade dress may not be used in connection with any product or service that is not Wainsy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wainsy. All other trademarks not owned by Wainsy that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wainsy.
.12. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall 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. We shall not mediate or resolve any dispute or disagreement between you and the sellers or 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 the website. 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. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Wainsy nor shall Wainsy have any obligations or liabilities in respect of any transactions on the website.
13. Indemnity and Release
You shall indemnify and hold harmless Wainsy, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees,made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Wainsy and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
15. Children
Use of Wainsy.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Wainsy.com only with the involvement of a parent or guardian.
16. Other Businesses
Parties other than Wainsy and its affiliates may operate stores, provide services, or sell product lines on Wainsy.com For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Wainsy does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
17. Communications
When you visit Wainsy.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
18. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
19. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
21. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
22. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune.
23. Our Details
This website is operated by Siraom Private Limited.
For the Wainsy.com website, you could contact us by visiting: contact@wainsy.com
24. Customer Complaint Details
The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers.
25. Wainsy Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Wainsy Services (the "Wainsy Software").
Notice and Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may write an email. We respond expeditiously to rights owners and their agents who communicate concerns about any alleged infringement.
Upon receipt of email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Wainsy the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the email to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Wainsy for all claims brought by a third party against Wainsy arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Wainsy.com and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Email to Wainsy may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers
("We" or "Our" or "Us", wherever applicable) on the Wainsy.in (the website). These conditions
signify your agreement to be bound by these conditions.
In addition, when you use any current or future Wainsy.com service (eg: Wishlist or Marketplace or
Wainsy Service), you will also be subject to the terms, guidelines and conditions applicable to that
service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will
control.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to
purchase a product from us, you will receive an e-mail/Text message confirming receipt of your
order and containing the details of your order (the "Order Confirmation E-mail"). The Order
Confirmation E-mail/ text message is acknowledgement that we have received your order, and
does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your
offer, and conclude the contract of sale for a product ordered by you, when the product is
dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched
to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package,
you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch
Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between
you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are
purchased for your internal / personal purpose and not for re-sale or business purpose. You
authorize us to declare and provide declaration to any governmental authority on your behalf
stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch
Confirmation E-mail relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an
average household. This applies both to the number of products ordered within a single order and
the placing of several orders for the same product where the individual orders comprise a quantity
typical for a normal household.
3. Returns
Most items purchased from sellers listed on Wainsy.com are returnable within the return window,
except those that are explicitly identified as not returnable. The return is processed only if:
it is determined that the product was not damaged while in your possession;
the product is not different from what was shipped to you;
the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact,
user manual, warranty card and accessories)
Vendor shall replace or exchange the product within 3-4 days.
Wainsy refund the amount to the consumer after completion of seven days from acceptance of
return.
You can review return policy for products listed on Wainsy.com For the products that are returned
by the customer, the refund is issued to the original payment method (in case of pre-paid
transactions) or to the bank account / as Wainsy Pay balance (in case of Pay on Delivery orders),
The details for making such refund and the timelines are detailed in the refund policy available-
Wainsy Refund Policy
Once we receive your return or the seller notifies us of receipt of return, as the case may be, a
refund is issued to the original payment method (in case of pre-paid transactions) or to your bank
account / as Wainsy Pay balance (in case of Pay on Delivery orders).
*Wainsy Pay balance is a sum of all balances associated with Wainsy Gift Cards in your Wainsy.com
account. Wainsy Gift Cards are issued (Contract with company to issue voucher and coupon)and
are subject to the Wainsy Gift Card Terms and Conditions.
If the standard time-frame as mentioned in the above table has expired and you have still not
received the refund, please contact your credit or debit card issuer or your bank for more
information. Refunds will not be processed in cash. Refunds can be processed via paper cheque
only in exceptional cases.
For Fulfilled by Wainsy (FBA) orders:
1. If the payment method, which you used to make the payment (such as credit/ debit card) at the
time of purchase, is no longer valid, refund will be issued through a demand draft.
2. If we receive a payment failure notice from your bank, refund will be issued through a demand
draft.
We will send you an e-mail asking you to call us and provide your name and address where you
want the demand draft to be sent. After we receive these details, refund will be initiated.
For Seller-Fulfilled orders:
1. For damaged/ defective items, the seller will issue a refund if the item cannot be repaired or
replaced.
2. In any case where a refund is required, the seller(s) need to authorise that refund. Wainsy.com
can assist in facilitating refunds for you only when the seller notifies us of the receipt of the item.
Once the seller notifies us of the receipt of the return item, the above refund time period will apply
for processing refunds.
Refund for Pay on Delivery Orders:
For Pay on Delivery orders, refunds will be processed either to your bank account (via National
Electronic Funds Transfer (NEFT)) or Wainsy account (as Wainsy Pay balance).
If you wish to receive the Pay on Delivery order’s refund to your bank account, you can update the
details of the bank account in Your Account section or from the Returns Centre when you are
returning an item.Amount will be credited to your bank account or to wainsy account after completion of seven day
from acceptance of return.
Note: Refunds cannot be processed to third-party accounts. The name on your Wainsy account
should match with the name of the bank account holder.
4. Pricing and availability
We list availability information for products sold by us on the website, including on each product
information page. Beyond what we say on that page or otherwise on the website, we cannot be
more specific about availability. Please note that dispatch estimates are just that. They are not
guaranteed dispatch times and should not be relied upon as such. As we process your order, you
will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as
applicable - unless stated otherwise.
5. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the purchase of
products from us and you agree to bear any and all applicable taxes including but not limited to
VAT/CST, service tax, GST, duties and cesses etc.
6. Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read
and understood our Health & Safety Guidelines.
7. Children
Use of Wainsy.com is available only to persons who can form a legally binding contract under the
Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only
with the involvement of a parent or guardian.
8. Communications
When you visit Wainsy.in, you are communicating with us electronically. You will be required to
provide a valid phone number while placing an order with us. We may communicate with you by e-
mail, SMS, phone call or by posting notices on the website or by any other mode of
communication. For contractual purposes, you consent to receive communications including SMS,
e-mails or phone calls from us with respect to your order.
9. Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts,
anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential
loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by
us to you was formed.
10. Alteration or Amendments to the ConditionsWe reserve the right to make changes to our policies, and these Conditions of Sale at any time. You
will be subject to the policies and Conditions of Sale in force at the time you order goods from us,
unless any change to those policies or these conditions is required to be made by law or
government authority (in which case it will apply to orders previously placed by you). If any of
these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be
deemed severable and will not affect the validity and enforceability of any remaining condition.
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our reasonable control. This
condition does not affect your statutory rights.
12. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and
remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the
application of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at
Pune.