Terms & Conditions

Overview

carbhartics.com are data controllers of personal information collected and processed through bhartics Services. As described in our Privacy Notice, we share information with carbhartics.com (Bhartics Ecom Services Pvt Ltd) and the subsidiaries it controls, which are either subject to our Privacy Notice or follow practices at least as protective. We also share information with third-party service providers — for example, to register your new car or transfer the name of a used car, and to fulfil orders and deliver vehicles or packages. For any queries relating to carbhartics.com, contact us.

When you use any current or future carbhartics.com service (e.g. Wish List or Marketplace) ("bhartics Service"), you will also be subject to the terms, guidelines and conditions applicable to that service ("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 applicable law, generated by a computer system, and do not require any physical or digital signature.

These Conditions of Use cover:

• Conditions Relating to Your Use of carbhartics.com
• Notice and Procedure for Making Claims of Infringement
• Notice and Procedure for Notifying carbhartics.com of Objectionable Content

Conditions Relating to Your Use of carbhartics.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, and to inform us immediately if you believe your password has become known to anyone else or is being used in an unauthorised manner. Please ensure the details you provide are correct and complete, and inform us of any changes. You may access and update much of this information in the Your Account area. You agree to use your account to purchase products only for your personal use and not for business purposes; for business orders, please create a business account. carbhartics.com reserves the right to refuse access, terminate accounts, and remove or edit content at any time without notice.

2. Privacy

Please review our Privacy Notice, which also governs your visit to carbhartics.com. The personal information provided by you will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws. If you object to your information being transferred or used, please do not use the website.

3. E-Platform for Communication

You acknowledge that the website is an online platform enabling you to purchase products listed at the indicated price. bhartics is only a facilitator and cannot be a party to, or control, any transaction on the website. The contract of sale is strictly a bipartite contract between you and the sellers on carbhartics.com.

4. Access to carbhartics.com

We will do our utmost to ensure availability is uninterrupted and transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access may occasionally be suspended or restricted for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension.

5. Licence for website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, Bhartics Ecom Services Private Limited 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 without express written consent. This licence does not include any resale or commercial use of the website or its contents; any collection and use of product listings, descriptions or prices; any derivative use; any downloading or copying of account information for another seller; or any use of data mining, robots or similar tools.

This website or any portion of it (including copyrighted material, trademarks or proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent. You may not frame or use framing techniques to enclose any trademark, logo or proprietary information, nor use meta tags or hidden text using our names or trademarks, without consent. Any unauthorised use terminates the permission granted. You are granted a limited, revocable, non-exclusive right to hyperlink to the welcome page of carbhartics.com, provided the link does not portray us, our affiliates or products in a false, misleading, derogatory or offensive manner.

6. Your Conduct

You must not use the website in any way that causes, or is likely to cause, it or access to it to be interrupted, damaged or impaired. You are responsible for all electronic communications and content sent from your computer, and must use the website for lawful purposes only. You must not use the website for any of the following:

• Fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
• To send, use or reuse any material that does not belong to you, or that is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, defamatory, obscene, or otherwise injurious to third parties; promotes money laundering or gambling; is harmful to minors; impersonates another person; threatens the unity, integrity, defence or security of India; or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or spam.
• To cause annoyance, inconvenience or needless anxiety.

7. Reviews, Comments, Communications and Other Content

Users may post reviews, comments and other content and submit suggestions, provided the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or spam. carbhartics.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that violates these Conditions of Use, and to terminate your permission to use the website.

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

• Grant Bhartics Ecom Services Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media; and
• Grant them the right to use the name you submit in connection with such content, if they choose.

You agree these rights are irrevocable during the entire period of protection of your intellectual property rights, and you waive your right to be identified as the author and to object to derogatory treatment of such content. You represent that you own or control all rights to the content you post; that it is accurate and lawful; and that its use does not breach any policies or cause injury to any person. You agree to indemnify Bhartics Ecom Services Private Limited and its affiliates for all third-party claims arising from a breach of these warranties.

8. Claims against Objectionable Content

You can refer to the product detail page on carbhartics.com to check product details provided by the seller or car dealership, including:

• The total price in a single figure, along with the break-up showing all compulsory and voluntary charges such as delivery, RTO registration, insurance, extended warranty, accessories, handling and applicable tax. These appear on the invoice issued to you.
• Mandatory notices and information required by applicable laws, and the expiry date of the goods where applicable. Most of the time the invoice is raised by the new car dealer in the name of the customer.
• Goods and services offered for sale, including country of origin, necessary to make an informed decision at the pre-purchase stage.
• Guarantees or warranties applicable to such goods or services. All contractual information required by law is incorporated as part of the agreement executed by each seller on carbhartics.com prior to listing.

Because carbhartics.com lists many products offered by sellers and hosts many reviews, it is not possible for us to be aware of the contents of each listing or comment. carbhartics.com therefore operates on a "notice and takedown" basis. If you believe any content is Objectionable Content, please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. We will make all reasonable endeavours to remove such content within a reasonable time.

9. Copyright, authors' rights and database rights

All content on the website — text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software — is the property of Bhartics Ecom Services Private Limited, its affiliates or its content suppliers, and is protected by Indian and international copyright and database-right laws. You may not systematically extract or re-utilise parts of the website's contents, use data-mining tools, or create and publish your own database featuring substantial parts of this website (e.g. prices and product listings) without express written consent.

10. Intellectual Property Claims

Bhartics Ecom Services Private Limited and its affiliates respect the intellectual property of others. If you believe your intellectual property rights have been used in a way that gives rise to infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

11. Disclaimer

You acknowledge that you access the services and transact at your own risk, using your best and prudent judgment. We are neither liable nor responsible for any acts or omissions of sellers, nor any breach of conditions, representations or warranties by sellers or manufacturers, and we expressly disclaim all such responsibility. We will not mediate or resolve disputes between you and sellers or manufacturers. We further disclaim any warranties (express or implied) regarding quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose or legality of products. All content and services are provided "as is", without warranty of any kind.

12. Indemnity and Release

You shall indemnify and hold harmless Bhartics Ecom Services Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees from any claim, demand or action (including reasonable attorney's fees) arising out of your breach of these Conditions of Use or any incorporated document, or your violation of any law or the rights of a third party. You expressly release bhartics and its affiliates from any cost, damage or liability arising from the acts or omissions of vendors.

13. Children

Use of carbhartics.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor (under 18 years), you may use carbhartics.com only with the involvement of a parent or guardian.

14. Other Businesses

Parties other than Bhartics Ecom Services Private Limited and its affiliates may operate stores, provide services or sell product lines on carbhartics.com. We are not responsible for examining or evaluating, and do not warrant or endorse, the offerings of these businesses or the content of their websites. You can tell when a third party is involved in your transaction, and we may share related customer information with that third party. Please review their privacy statements and conditions of use carefully.

15. Communications

When you visit carbhartics.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order. We may communicate with you by e-mail, SMS, WhatsApp, phone call, or by posting notices on the website. For contractual purposes, you consent to receive communications (including transactional, promotional and commercial messages) from us regarding your use of the website and your orders.

16. 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.

17. 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 you use the website or order goods, unless a change is required by law or government authority (in which case it applies to previously placed orders). If any condition is deemed invalid or unenforceable, it will be severable and will not affect the validity of the remaining conditions.

18. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control. This condition does not affect your statutory rights.

19. 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.

20. 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 Kolkata.

21. Our Details

This website is operated by Bhartics Ecom Services Private Limited. To contact us, please visit Contact Us.

22. Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status and tracking details) are provided in the return e-mails sent back to customers.

23. bhartics Software Terms

In addition to these Conditions of Use, the bhartics Software Terms below apply to any software (including updates, upgrades and related documentation) that we make available to you for use in connection with bhartics Services.

24. Sanctions and Export Policy

You may not use any bhartics Service if you are the subject of Government of India sanctions, or of sanctions consistent with Government of India law imposed by the government of the country where you are using bhartics Services. You must comply with all export and re-export restrictions that may apply to goods, software, technology and services.

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may complete and submit the Notice Form. We respond expeditiously to rights owners and their agents. Upon receipt of a Notice Form we may take certain actions, including removing information or an item — all taken without any admission as to liability and without prejudice to any rights, remedies or defences. In submitting a Notice Form, you grant bhartics the right to use, reproduce, modify, adapt, publish, translate, create derivative works from and display its content worldwide in any media, including forwarding the form to the parties involved. You agree to indemnify bhartics for all third-party claims arising from the submission of a Notice Form.

Note on Third-Party Seller listings: Third-Party Seller listings are merely hosted on carbhartics.com and posted at the direction of Third-Party Sellers, who may be contacted via their "Seller Information" page.

Important warning: giving false, misleading or inaccurate information in the Notice Form may result in civil and/or criminal liability. You should contact a legal advisor if you have any questions.

Notice Form

If you believe that your rights are being violated by an item or information on the carbhartics.com site, complete and submit the Notice Form. The signed form can be sent as an e-mail PDF to the Grievance Officer:

• e-mail PDF: customersupport@carbhartics.com
• Subject line: Claim of Infringement
• or by post: Bhartics Ecom Services Pvt Ltd, P1, New CIT Road, Kolkata 700073

(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement", unless by prior agreement we have agreed an alternative receipt mechanism.) The form should state your full name and title, and set out:

• Contact information — your and/or your company's name, address, telephone number and contact e-mail; and the contact e-mail we may provide to Third-Party Sellers so they can contact you to resolve the issue.
• Allegation of infringed right — a detailed description of where the allegedly infringing information is located on the site (including the seller name if it is a Third-Party Seller listing), and a description of the intellectual property right you claim has been infringed (e.g. copyright, trademark or patent).
• The statement: "I have a good faith belief that the portion of the listing(s) described above violates the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."

Include the statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above." Then sign the Notice Form.

Notice and Procedure for Notifying carbhartics.com of Objectionable Content

If you believe any content on, or advertised for sale on, the website contains Objectionable Content as defined under Section 8 above, please notify us immediately by completing the Notice below and sending a signed copy via e-mail PDF to the Grievance Officer:

• e-mail PDF: customersupport@carbhartics.com
• Subject line: Claim of Objectionable Content
• or by post: Bhartics Ecom Services Private Limited, P1, New CIT Road, Kolkata 700073

This procedure is exclusively for notifying carbhartics.com of Objectionable Content on or advertised for sale on the website. Please provide your address, telephone number and e-mail address when sending the notice. Important warning: giving false, misleading or inaccurate information may result in civil and/or criminal liability.

Notice to carbhartics.com of Objectionable Content

In the matter of carbhartics.com, I, [full name] of [postal address], [occupation], state as follows:

• I refer to the website www.carbhartics.com. I make this statement in support of giving carbhartics.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
• The Objectionable Content (delete whichever is not applicable): (a) appears in a book being sold via the website entitled [book name and author], on page [page number]; or (b) appears on the website at [address of the relevant web page].
• The words/content I consider Objectionable Content are [exact words complained about].
• This content is Objectionable Content because [reason].

I understand that this statement may be used in any court proceedings arising out of the Objectionable Content complained about. Statement of truth: I declare the facts stated above to be true. Signed: ____ Dated: ____

Carbhartics Software Terms

Use of Carbhartics Software

You may use carbhartics Software solely to enable you to use and enjoy the carbhartics Services, as permitted by the Conditions of Use, these Software Terms and any Terms. You may not incorporate any portion of the software into your own programs, transfer it for use with another service, or sell, rent, lease, lend, distribute or sub-license it, or otherwise assign any rights to it in whole or in part. You may not use it for any illegal purpose. We may cease providing any carbhartics Software and terminate your right to use it at any time. Your rights will automatically terminate without notice if you fail to comply with these Software Terms, the Conditions of Use or any other Terms. All software used in any carbhartics Service is the property of carbhartics and/or its affiliates or software suppliers and is protected by the laws of India.

Use of Third-Party Services

When you use carbhartics Software, you may also use the services of one or more third parties, such as a wireless carrier or mobile platform provider. Your use of these services may be subject to the separate policies, terms of use and fees of those third parties.

No Reverse Engineering

You may not, and will not encourage, assist or authorise any other person to, copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the carbhartics Software, in whole or in part, or create any derivative works from it.

Updates

In order to keep the carbhartics Software up to date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We", "Our" or "Us", where applicable) on carbhartics.com. Placing an order signifies your agreement to be bound by these conditions. When you use any current or future carbhartics.com service, you will also be subject to the Terms applicable to that service; 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, you will receive an e-mail confirming receipt (the "Order Confirmation E-mail"). This acknowledges that we have received your order but does not confirm acceptance of your offer. We only accept your offer, and conclude the contract of sale, when the product is dispatched to you and a "Dispatch Confirmation E-mail" is sent. If your order is dispatched in more than one package, each dispatch concludes a separate contract of sale. Your contract is with us (the Sellers), and you confirm that the products are purchased for your personal use and not for re-sale or business purposes. You can cancel your order at no cost any time before we send the Dispatch Confirmation E-mail.

3. Payments

Usually, bhartics ecom services pvt ltd takes payment from the customer online and offline for booking and balance payments, then transfers it to the respective seller, new car dealer or used car dealer. If there is any difference between the amount the customer transfers to bhartics and the amount bhartics transfers to the seller, bhartics provides a debit note or credit note if the customer asks for it.

4. Returns

After registration or name transfer, return or cancellation is not possible. A few items purchased from sellers listed on carbhartics.com are returnable within the return window, except those explicitly identified as not returnable. A 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; and it is returned in original condition (with the brand's/manufacturer's box, MRP tag intact, user manual, warranty card and accessories). Refunds are issued to the original payment method (for pre-paid transactions) or to the bank account (for Pay-on-Delivery orders). Please review our Returns Policy, which applies to products sold by us.

5. Pricing and availability

We list availability information for products sold by us, including on each product page. Dispatch estimates are just that — not guaranteed dispatch times. As we process your order, you will be informed by e-mail if any products turn out to be unavailable. All prices are inclusive of VAT/CST, service tax, Tax Collected at Source (TCS), Goods and Services Tax (GST), duties and cesses as applicable, unless stated otherwise.

6. Taxes

You shall be responsible for payment of all fees, costs and charges associated with the purchase of products, and you agree to bear all applicable taxes including but not limited to VAT/CST, TCS, service tax, GST, duties and cesses.

7. Health & Safety

By purchasing any product, you acknowledge that you have read and understood our applicable Health & Safety Guidelines.

8. Children

Use of carbhartics.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor (under 18 years), you may purchase only with the involvement of a parent or guardian.

9. Communications

When you visit carbhartics.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls regarding your order.

10. 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 was formed.

11. 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, unless a change is required by law or government authority (in which case it applies to previously placed orders). If any condition is deemed invalid or unenforceable, it will be severable and will not affect the validity of the remaining conditions.

12. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control. This condition does not affect your statutory rights.

13. 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.

14. 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 Kolkata.