TERMS AND CONDITIONS
This website is operated by BhadePay E-Commerce Pvt. Ltd. Throughout the site, the terms “we”, “us” and “our” refer to BhadePay E-Commerce Pvt. Ltd. E-Commerce Pvt. Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Term/Tenure
- The present Rental Agreement shall commence on the date of delivery of the products ("Product(s)") to the Customer and shall remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed to by the Customer while booking the Product(s)] expires and the respective Product is returned to Bhadepay, unless terminated earlier or extended as mutually agreed by both parties.
- Notwithstanding anything contained in this agreement, the minimum tenure for any product shall be at least three months or such minimum period as mentioned against any product on the website/ application or such minimum period mentioned specifically under any offer mentioned on the website or application, whichever is longer.
A. Payment Policy
- Customer shall pay the rental charge by the 10th day of every month as per the invoice raised and mailed to the Customer’s registered E-Mail ID or phone no. by Bhadepay. A fine of Rs. 10 will be charged on per day basis after the expiry of the said 10th day of non-payment of rent. This fine shall be non-negotiable.
- First month payment would be on a pro-rata basis from the date of agreement to the end of the month, post which the payment cycle would begin from the 1st of every month to the end of the month. ‘Month’ for the purposes of this Agreement will be considered a period of 30 days.
- Failure of payment exceeding 20 days from the due date could result in termination of subscription of Customer and removal of the product from the possession of Customer. The security deposit will be refunded on the basis of Refund Policy clause of the present terms.
- The Customer is obligated to make all the payments to Bhadepay only and any payment made to a broker/third party by the Customer will not be considered valid.
- On the basis of chosen mode of payment – a convenience fee may be applicable/ levied as per the gateway vendor’s or your bank policy. The said additional amount is payable by Customer and Bhadepay shall not be liable for the same.
B. Security Deposit
- The Customer will be required to pay/deposit refundable and interest free security ("Security Deposit") for the Rented Product(s) as calculated by Bhadepay.
- The said security deposit will be made to Bhadepay on every Product so rented along with submission of the requisite documents for confirmation of order and delivery will be made only once the Security amount is deposited.
- The said security deposit amount is refundable if the customer cancels the order ____ days prior to full delivery of the package/product.
- Any request for adjustment of monthly rent against the Security Deposit will not be entertained. Any monthly rental payments or late fee charges will not be settled against the Security Deposit.
- On termination of contract between the parties, the final quality check will be performed on the Product(s) at the premises of Bhadepay the status of quality check will be given to the customer within 2 working days of Product Pick-up. In case no damage is found, the Security Deposit shall be refunded within 7 to 10 working days from the date of Product Pick-up from the possession of the Customer.
- The aforementioned security deposit amount will be refunded to the Account details as provided by the Customer via their registered email address.
- Bhadepay reserves the right to deduct the charges for damages or for default in the payment of monthly rental dues (including late charges/fee), from the Security Deposit paid by the Customer and shall either forfeit or refund the remaining balance amount to the Customer.
- The refund of the deposit will be subject to deduction on account of any damage to the Product(s), for further clarification please refer the heads ‘Payment Default’ and ‘Damage Policy’ of this Agreement. Bhadepay reserves the right to make such deductions on account of damage to product(s) and its decision in this regard shall be final.
C. Order Confirmation
- On receipt of Security Deposit and the requisite documents, Bhadepay shall confirm the order with the Customer by sending a confirmation to the registered email address or phone number of the Customer.
- Mere payment of only Security Deposit or furnishing of documents shall not be considered a valid contract as confirmation. The order will only stand confirmed once both security deposit payment is made and documents are submitted with Bhadepay.
- In the event, any product selected by the Customer is unavailable; Bhadepay shall inform the same to the Customer.
- Bhadepay reserves the right to replace any product selected by the Customer in the event of unavailability of said selected product. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order.
- In the event, the Customer does not accept the substitute Product, Bhadepay shall refund the Security Deposit paid by the Customer as per the Refund Policy of this Agreement.
- The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per Bhadepay Policy.
- In case the KYC verification is not successful or the location of Delivery is not serviceable by Bhadepay, Bhadepay reserves the right to reject the Customer’s order any time prior to delivery.
- It shall be at the sole discretion of Bhadepay to reject the order even after successful KYC, payment of security deposit or serviceability of the location without assigning any reasons.
- If the order is rejected by Bhadepay, the Security Deposit paid by the Customer shall be refunded to the Customer as per the Refund Policy of this Agreement.
D. Delivery & Return Policy
- Delivery of products will be done within 72 hours post payment of security deposit and furnishing of documents by the Customer. However, Bhadepay shall not be liable for any delay due to any unforeseeable reasons.
- Bhadepay shall contact the Customer on the registered Email ID or phone number for confirmation of delivery address.
- As per relevant circumstances, the Customer will be intimated of delivery status and timings a day prior/ in advance by the Customer Experience team of Bhadepay.
- Delivery time of 72 hours will be calculated from 9 am of the day following the day on which the order is confirmed. However, if the order is confirmed before 1700 hours or 5 pm on a given day, the delivery cycle will commence from the time of such confirmation on the same day. Illustration. If the Customer’s order is confirmed at 1900 hours or 7 pm on a particular date; the delivery cycle shall begin at 0900 hours or 9 am o the next date. In the alternative if the customer’s order is confirmed at 4:30 pm on a particular date, the delivery cycle shall begin from 4:30 pm on the same day.
- Customer shall communicate his/her unavailability at the time of delivery to Bhadepay prior to the delivery and dispatch of Product(s). In the event of confirmation and subsequent unavailability of the Customer once the Products have been dispatched - the Customer will be liable to bear default delivery charges of Rs. 500/-.
- In the event that the order has reached the customer – the Customer expresses refusal to receive the said products; the said person shall then be liable to bear default delivery charges of Rs. 500/-.
- Customer is expected to check and verify the quality and details of product at the time of delivery.
- In case of partial, damaged or incorrect delivery, the replacement of said product is done within 24 hours subject to the condition that the Customer informs the same at the time of delivery.
- We adhere strictly to our delivery time confirmed earlier by our in-house Customer Care team. In rare instances, when delivery is delayed, we inform the Customer in advance for any such delay.
- In cases of expedited delivery (delivery on the same day or urgent basis) requested by the Customer – the advance intimation and delivery services offered by Bhadepay, including but not limited to installation of appliances, will not be applicable.
E. Payment Default
- Payment made beyond the due date and grace period shall incur a late fee of Rs. 10 per day.
- The late fee charges will be paid along with the rent due to be paid for that respective month. Any further delay or non-payment of monthly rent beyond the grace period will be deemed as the customer’s consent to entitle Bhadepay to terminate the Agreement at any time during which period such payment default continues
- In the event of default beyond the next date of payment of monthly rental, Bhadepay reserves the right to visit and collect the items, with or without the consent of the Customer and without any prior intimation to such person.
- Bhadepay reserves the right to share information with credit rating agencies pursuant to ‘Sharing User Information’ Clause of Terms and Conditions.
- The Customer hereby agrees that non-payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and Bhadepay shall not be liable for any claim from the Customer for sharing such information with the credit rating agencies. Bhadepay reserves the right to enlist recovery/third party agents to recover items on their behalf should the need arise.
- Bhadepay reserves the right to modify the late fee clause without any prior intimation and it would/may be applicable for all existing Customers. The customer shall be informed of any such updates/ changes on their registered Email ID.
F. Damage Policy
- The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay Bhadepay the market price of the Product.
- Customer is obligated to show same extent of care and precautions to the product as he/she will exercise to his/her personal properties.
- Customer will not be charged for any damage which is a result of raw material or manufacturing defects.
- Any damage that results in the product being unusable will result in the value of the product being charged to the Customer.
- The extent of damage would be ascertained by comparing against the quality control document signed by the Customer and photographs taken on delivery.
- Customer will be charged for any variation showing damages, if ascertained as not caused by normal wear and tear.
- Representative of Bhadepay will create a damage report on the spot and will hand over a copy to the Customer. At the time of pick-up, a damage report will be generated as per damage policy.
- Items will undergo quality check at the premises of Bhadepay to determine the repair cost. Repair cost shall be mitigated from security deposit.
- In case the amount of deductions to be made from the security deposit in terms of conditions as mentioned in point 4, 6, 8 under the head damage policy, exceeds the amount of security deposit, the excess amount shall be payable to Bhadepay by the customer.
G. Early Termination Policy
- The minimum tenure for the Product shall be calculated as 3 months and the Customer would be liable for 3 (three) month payment regardless of closing date if the same is less than three months.
- Bhadepay provides its Customers, an option to opt for flexible tenure for early closure of the term of the Agreement.
- The Customer can request for closing the order by informing Bhadepay, 2 (two) weeks prior to the pre closure date.
- The Customer shall be liable to pay the minimum period rent amount for 3 months on early termination. That the same shall be calculated on the basis of the following formula: 3 month tenure rental x (multiplied by) 3 – (less) Amount Paid
- In the event of default in payment or non-submission of documents within stipulated time provided in the present terms- the customer will be deemed to have implied intention of termination of the present Agreement. Any forfeiture or deductions will be made as per the policies herein.
- Bhadepay provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement.
- In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates between Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid. The calculation will be as per:- (b multiplied by a) - (x multiplied by y)where:-Tenure decided on = x | Monthly rent for tenure x = yClosure Tenure = a | Monthly rent for tenure a = b
H. Refund Policy
- Any refund will be credited back to the account from where initial deposit was received. In the alternative, if the Customer needs the money to be transferred to a different account, the details and intimation regarding the same should be informed to us in writing via registered Email ID through which order was placed after which Bhadepay will not be held liable for any further claims.
- The refund will be initiated by Bhadepay without interest to such account details provided by the Customer within 7 to 10 working days from the date of pickup of the Product(s) from the possession of Customer. Please note that it may take upto 72 hours from intimation of process of payment from Bhadepay, for such payment to reflect back into your account.
I. Post Delivery Services
- BhadePay will provide maintenance of the Products delivered to the Customer, which would be applicable for the entire duration of the Agreement or as and when requested by the Customer.
- BhadePay shall provide furniture cleaning limited to one time per year, the same will be applicable once the customer completes a minimum 12 months period of renting that particular furniture.
- The periodic maintenance shall not include maintenance of any damage or breakdown of a product due to mishandling by the Customer. BhadePay shall carry out the maintenance/repair of the Product within 3-5 working days after the request has been raised by the Customer.
- In the event, the issue is not resolved during/after repair, BhadePay shall provide a replacement for the Product. Any additional cost incurred by BhadePay during the maintenance and cleaning due to damages shall be borne and paid solely by the Customer, either via online payment or as advised by BhadePay service representative.
J. Miscellaneous
- The Rent subscription membership vide the present agreement is transferable to a third party on the fulfillment of all formalities including but not limited to KYC and submission of any other documents as requisite by Bhadepay from such third party alongwith clearance and payment of any dues outstanding to be paid by the original customer. That once the present agreement is transferred in the name of the third party all the benefits, rights and liabilities arising out of the present agreement will also be deemed to be transferred to such third party as executed with the original owner.
- On the expiry of KYC of documents submitted by the Customer, Bhadepay will intimate the Customer of such expiry. The updated documents have to be furnished by the Customer to Bhadepay.
- If due to unavailability of any documents requisite for execution of the present agreement- mail sent by the Customer in this regard will be substituted in place of such documents. That the original documents have to be presented to Bhadepay within 2 weeks of substitution mail, failing which Bhadepay will have the discretion to remove the products from the possession of the Customer and the present agreement will stand terminated. The refunds and deductions will be made as per the Return & Refund Policy of the present terms & conditions.
- All the disputes between the parties hereto arising out of or related to this agreement or the breach thereof shall lie in the jurisdiction of the city of Pune, Maharashtra.
- That except the cases of theft or missing products; for all other disputes arising out of the present agreement- if first the mediation proceedings fail between the parties herein, the matter shall be subjected to be settled by arbitration at the venue as decided by the parties, in accordance with the provisions of The Arbitration and Conciliation Act, 1996.
- Severability. If any provisions of this Agreement or application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of this Agreement, where the application of such provisions or circumstances other than those as to which it is determined to be invalid or unenforceable shall not be affected thereby, and each provision hereof shall be valid and shall be enforced to the fullest extent permitted by law.