Terms & Conditions

Conditions for Offers

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Conditions of Use

Welcome to themobilestore.in. The Mobile Store Limited and its affiliates provide access to the themobilestore.in website (the "website") to you subject to the conditions set out on this page.

Please read these conditions carefully before using the Themobilestore.in website. By using the Themobilestore.in website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future themobilestore.in service (e.g. Wish List or Marketplace), you will also be subject to the terms, guidelines and conditions applicable to that The Mobile Store. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  • Conditions Relating to Your Use of themobilestore.in
  • Notice and Procedure for Notifying themobilestore.in of Objectionable Content

Conditions Relating to Your Use of themobilestore.in

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 My Account area of the website. themobilestore.in reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Notice, which also governs your visit to themobilestore.in, to understand our practices. The personal information / data provided to us by you during the course of usage of themobilestore.in 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.

 4. Access to themobilestore.in

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. License for website access

The Mobile Store Limited grants you a limited license 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 The Mobile Store Limited and / or its affiliates, as may be applicable. This license 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 The Mobile Store Limited 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 themobilestore.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising The Mobile Store Limited's or its affiliates' names or trademarks without the express written consent of The Mobile Store Limited and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by The Mobile Store Limited 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 themobilestore.in as long as the link does not portray The Mobile Store Limited, themobilestore.in, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any themobilestore.in logo or other proprietary graphic or trademark as part of the link without express written consent of The Mobile Store Limited 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 themobilestore.in, 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, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, 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, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
  • 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. themobilestore.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of themobilestore.in violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

  • (a) grant The Mobile Store Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  • (b) The Mobile Store Limited and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such  content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Mobile Store Limited, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to themobilestore.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable themobilestore.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify The Mobile Store Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

 8. Claims against Objectionable Content

Because themobilestore.in lists thousands of products for sale 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, themobilestore.in 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, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; 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, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, themobilestore.in 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 The Mobile Store Limited, its affiliates or its content suppliers and is protected by India’s copyright and database right laws. The compilation of all content on this website is the exclusive property of The Mobile Store Limited and its affiliates and is protected by laws of India’s copyright and database right laws. All software used on this website is the property of The Mobile Store Limited, its affiliates or its software suppliers and is protected by India copyright laws.

You may not systematically extract/ or re-utilise parts of the contents of the website without The Mobile Store Limited 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 The Mobile Store Limited 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 The Mobile Store Limited and / or its affiliate's (as may be applicable) express written consent.

10. Intellectual Property Claims

The Mobile Store Limited 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

THEMOBILESTORE.IN, TMS, THE MOBILE STORE, AND TMS.IN, FED, FASTEST EXPERT DELIVERY, MOE, and other marks indicated on our website are trademarks or registered trademarks of themobilestore.in, Inc. or its subsidiaries (collectively "THE MOBILE STORE"), in India. themobilestore.in's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of The Mobile Store. The Mobile Store's trademarks and trade dress may not be used in connection with any product or service that is not The Mobile Store's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Mobile Store. All other trademarks not owned by The Mobile Store 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 The Mobile Store.

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. We shall neither be liable nor responsible for any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard.

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.

13. Indemnity and Release

You shall indemnify and hold harmless The Mobile Store Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, 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.

You hereby expressly release The Mobile Store Limited 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.

14. Children

Use of themobilestore.in 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 themobilestore.in only with the involvement of a parent or guardian.

15. Other Businesses

Parties other than The Mobile Store Limited and its affiliates may operate stores, provide services, or sell product lines on themobilestore.in. 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. The Mobile Store Limited 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.

16. Communications

When you visit themobilestore.in or send e-mails to us, 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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 Delhi.

22. Our Details

This website is operated by The Mobile Store Limited.

For the themobilestore.in website, you could contact us by visiting: www.themobilestore.in/contact-us

Notice and Procedure for Notifying themobilestore.in of Objectionable Content

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined above, please notify us immediately by copying the Notice to themobilestore.in of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail: Wecare@themobilestore.in or Call to Customer Care at 7045-500-000 to the Grievance Officer:

Please note that this procedure is exclusively for notifying themobilestore.in of Objectionable Content on or advertised for sale on the themobilestore.in website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to themobilestore.in may result in civil and/ or criminal liability.

Conditions of Sale (between The Mobile Store and the Customer)

Please read these conditions carefully before placing an order for any products with the The Mobile Store ("We" or "Our" or "Us", wherever applicable) on the themobilestore.in (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future themobilestore.in service (eg: Wishlist or Marketplace), 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 confirming receipt of your Order Confirmation. The Order Confirmation e-mail 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 confirmation is sent to you by SMS that the product has been dispatched to you with AWB details. If your order is dispatched in more than one package, you may receive a separate SMS for each package, and each Dispatch SMS and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch SMS.

Your contract is with us and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. 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.

3. Returns & Refunds

Please review our Returns Policy, which applies to products sold by us.

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 or by Call if any products you order turn out to be unavailable.

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/VAT, cesses etc. levied thereon.

6. Children

Use of themobilestore.in 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.

7. Communications

When you send e-mails to us, 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.

8. 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.

9. Alteration or Amendments to the Conditions

We 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.

10. 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.

11. 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.

12. 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 Delhi.

FED Service: - FED (Fastest Expert Delivery) is an additional service provided on selected items sold on themobilestore.in across selected pin codes. Under this service customer is eligible to receive the order within 2 Hours from confirmation call.

Prices

All prices are listed in Rupees. "Price", as displayed, is inclusive of all taxes at the appropriate rate. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it.

(For products where the total cart value is below Rs.1000 shipping charges of Rs.80 will be charged over the total selling price of items in cart. This shipping charge will be displayed when items are added to cart. No shipping charges will be applied if the total cart value exceeds Rs. 1000)

M.R.P.

The M.R.P. displayed for products on our website represents the full retail price listed on the product itself as shared by Manufacturers, Distributors or Sellers. While we attempt to ensure that this information is accurate, there may be cases where M.R.P. of the product delivered is different from the M.R.P. given on the website due to various reasons including time lag in updating prices post changes in M.R.P., product belonging to a different batch or different M.R.P.s being used by manufacturers in different regions.

About Price Matching

themobilestore.in doesn't offer price matching for any items sold on our website or other websites.

ZestMoney EMI

  • When you use ZestMoney EMI you are taking a loan. To avail this loan customers must follow the application process set by ZestMoney and its affiliated lending partners, submit all the required documents and get approved for the loan. In case (s) of rejection themobilestore.in will not stand responsible.
  • ZestMoney its affiliated lending partners at its sole discretion can alter or modify the terms of EMI or reject (on the basis of the customer's history, amount of transactions etc.), or withdraw the entire EMI scheme.
  • Customers are expected to inquire about the status of their respective EMI requests etc from ZestMoney. themobilestore.in shall not be responsible for any disputes regarding the non-conversion of a transaction into EMI.
  • Customers are expected to repay all of their EMIs on or before the due date as communicated to them by ZestMoney. This payment can be automatically collected using a signed & verified NACH from their bank account or using Other payment modes like netbanking, debit card via payment gateway.
  • If the relevant EMI amount is not available for collection by ZestMoney in full on each due date we will charge a missed payment fee of INR 250 and a variable fee as applicable.

Have more questions? Browse through ZestMoney’s FAQs - https://zestmoney.in/faq/

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