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Terms & Conditions

Terms of Service

OVERVIEW

Welcome to Bazaar5.com. "Bazaar5" provide website features and other products and services to you when you visit or shop at Bazaar5.com, use Bazaar5 products or services, use Bazaar5 applications for mobile, or use the software provided by Bazaar5 in connection with any of the foregoing (collectively, "Bazaar5 Services"). Bazaar5 provides the Bazaar5 Services subject to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of Bazaar5 Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Bazaar5 Services or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Bazaar5 Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Bazaar5 Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bazaar5 or its content suppliers and protected by the India and international copyright laws. The compilation of all content included in or made available through any Bazaar5 Service is the exclusive property of Bazaar5 and protected by the India and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Bazaar5 or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Bazaar5 Services. This license does not include any resale or commercial use of any Bazaar5 Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bazaar5 Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Bazaar5 or its licensors, suppliers, publishers, rightsholders, or other content providers. No Bazaar5 Service, nor any part of any Bazaar5 Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bazaar5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bazaar5 without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bazaar5's name or trademarks without the express written consent of Bazaar5. You may not misuse the Bazaar5 Services. You may use the Bazaar5 Services only as permitted by law. The licenses granted by Bazaar5 terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Bazaar5 account to use certain Bazaar5 Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Bazaar5 does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Bazaar5 Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Bazaar5 Household. Alcohol listings on Bazaar5 are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Bazaar5 reserves the right to refuse service, terminate accounts, terminate your rights to use Bazaar5 Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity 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" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bazaar5 reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bazaar5 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bazaar5 and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bazaar5 for all claims resulting from content you supply. Bazaar5 has the right but not the obligation to monitor and edit or remove any activity or content. Bazaar5 takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Bazaar5 respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use our contact us form at  https://bazaar5.com/index.php?route=information/contact to report listings that you believe violate your intellectual property rights and we will investigate the matter

RISK OF LOSS

All purchases of physical items from Bazaar5 are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Bazaar5 does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Bazaar5 does not take title to the refunded item.

DISCOUNT CODES, STORE CREDITS AND GIFT CARD

Bazaar5 provides store credits, Discount codes and Gift Card to the customers during promotional activities. While placing an order customer can avail only one option (either Discount Code or Store Credits or Gift Card) and under no circumstances these cannot be clubbed together.

Note: Bazaar5 reserves the rights at any time, without any prior notice to add, alter, modify, change or vary all or any on of these terms and conditions or to replace it as a whole or in a part, or to withdraw it all together. 

PRODUCT DESCRIPTIONS

Bazaar5 attempts to be as accurate as possible. However, Bazaar5 does not warrant that product descriptions or other content of any Bazaar5 Service is accurate, complete, reliable, current, or error-free. If a product offered by Bazaar5 itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Bazaar5 and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on Bazaar5.

With respect to items sold by Bazaar5, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Bazaar5 is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Bazaar5 Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Bazaar5 Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Bazaar5 Software), technology, and services.

OTHER BUSINESSES

Parties other than Bazaar5 operate stores, provide services or software, or sell product lines through the Bazaar5 Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Bazaar5. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Bazaar5 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Bazaar5 services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Bazaar5 services are provided by Bazaar5 on an "As is" and "As Available" basis unless otherwise specified in writing. Bazaar5 makes no representations or warranties of any kind, express or implied, as to the operation of the Bazaar5 services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Bazaar5 services unless otherwise specified in writing. You expressly agree that your use of the Bazaar5 services is at your sole risk.

To the full extent permissible by law, Bazaar5 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bazaar5 does not warrant that the Bazaar5 services, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Bazaar5 services, Bazaar5's servers or electronic communications sent from Bazaar5 are free of viruses or other harmful components. To the full extent permissible by law, Bazaar5 will not be liable for any damages of any kind arising from the use of any Bazaar5 service, or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Bazaar5 service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

DISPUTES

Any dispute or claim relating in any way to your use of any Bazaar5 Service, or to any products or services sold or distributed by Bazaar5 or through Bazaar5.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. 

APPLICABLE LAW

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. These Terms will be governed by and construed in accordance with the laws of the State of Delhi, India, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delhi, India for the resolution of any disputes.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of Bazaar5 Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.