Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.OnlyMobiles.com website.

The domain name www.OnlyMobiles.com (hereinafter referred to as "Website") is owned by eParisar Tech Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Vaishnavi Summit, Ground Floor, 7th Main, 80 feet Road, 3rd Block, Koramangala Industrial Layout, Next to Wipro office, Corporation Ward No. 68, Koramangala, Bangalore - 560 034, Karnataka, India (hereinafter referred to as "OnlyMobiles").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with EParisar Tech Private Limited and these terms and conditions including the policies constitute Your binding obligations, with OnlyMobiles.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. OnlyMobiles allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean EParisar Tech Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by OnlyMobiles Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the OnlyMobiles website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. OnlyMobiles reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to OnlyMobiles's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. OnlyMobiles is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

  1. Placement of order by a Buyer with OnlyMobiles.com on the Website is an offer to buy the product(s) in the order by the Buyer to the OnlyMobiles and it shall not be construed as OnlyMobiles' acceptance of Buyer's offer to buy the product(s) ordered. OnlyMobiles retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by OnlyMobiles, shall be refunded to the Buyer. Further, OnlyMobiles may cancel an order wherein the quantities exceed the typical individual consumption. 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 that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of OnlyMobiles and may vary from individual to individual.
  2. OnlyMobiles does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. OnlyMobiles does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. OnlyMobiles accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. OnlyMobiles does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular brand that You choose to deal with on the Website and use Your best judgment in that behalf.
  4. Since OnlyMobiles is not involved in any manufacturing activity. OnlyMobiles is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by us may be incorrectly reflected and in such an event we may cancel such your order(s).

  1. You release and indemnify OnlyMobiles and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, OnlyMobiles cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Website is free for buyers. OnlyMobiles does not charge any fee for browsing and buying on the Website. OnlyMobiles reserves the right to change its Fee Policy from time to time. In particular, OnlyMobiles may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event OnlyMobiles reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to EParisar Tech Private Limited.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • (a) belongs to another person and to which You does not have any right to;
    • (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • (c) is misleading in any way;
    • (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • (e) harasses or advocates harassment of another person;
    • (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    • (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    • (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    • (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • (m) contains video, photographs, or images of another person (with a minor or an adult).
    • (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, OnlyMobiles's prior written consent means a communication coming from OnlyMobiles's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    • (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    • (q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
    • (r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    • (s) harm minors in any way;
    • (t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    • (u) violates any law for the time being in force;
    • (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • (w) impersonate another person;
    • (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    • (y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • (z) shall not be false, inaccurate or misleading;
    • (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    • (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms OnlyMobiles, OnlyMobiles.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of OnlyMobiles or otherwise tarnish or dilute any OnlyMobiles's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or OnlyMobiles's systems or networks, or any systems or networks connected to OnlyMobiles.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OnlyMobiles and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  10. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

  1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  2. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  3. OnlyMobiles shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and OnlyMobiles has no control over such third party user generated content as OnlyMobiles is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without OnlyMobiles's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Product Specifications & Product Images

OnlyMobiles keep regular check over the product specifications and product images, but it may be possible that some information might not have completely covered or wrongly covered. Many a times, product(s) does not look like exactly as it look in person. OnlyMobiles takes no responsibility for it and users are advised to check the same with manufacturers’ of the product.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliatesmay market to you as a result of such sharing unless you explicitly opt- out.

We may disclose personal information to third parties. This disclosure may be required for us to provide youaccess to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, OnlyMobiles does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

OnlyMobiles will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. OnlyMobiles does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Services
Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and OnlyMobiles and payment facility is merely used by the Buyer and OnlyMobiles to facilitate the completion of the Transaction. Use of the payment facility shall not render OnlyMobiles liable or responsible for the non-delivery, non-receipt, non- payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on OnlyMobiles's Website.
  2. You have specifically authorized OnlyMobiles or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with OnlyMobiles is on a principal to principal basis and by accepting these Terms of Use you agree that OnlyMobiles is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on OnlyMobiles's Website that are paid for by using the Payment Facility. OnlyMobiles does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  3. You understand, accept and agree that the payment facility provided by OnlyMobiles is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the OnlyMobiles Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, OnlyMobiles is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price. Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with OnlyMobiles to purchase the products and /or services from us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to us using Payment Facility.

You, as a Buyer, may agree with OnlyMobiles through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

You, as a Buyer, shall electronically notify Payment Facility using the appropriate OnlyMobiles Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

Refund shall be conditional and shall be with recourse available to OnlyMobiles in case of any misuse by Buyer.

Refund shall be subject to Buyer complying with Policies.

  1. OnlyMobiles reserves the right to impose limits on the number of Transactions or Transaction Price which OnlyMobiles may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  2. OnlyMobiles reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with OnlyMobiles or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  3. OnlyMobiles may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of OnlyMobiles. As a result of such check if OnlyMobiles is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, OnlyMobiles shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of OnlyMobiles.
  4. OnlyMobiles may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if OnlyMobiles deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, OnlyMobiles may hold Transaction Price and OnlyMobiles may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  5. The Buyer acknowledge that OnlyMobiles will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of OnlyMobiles.

Terms and Conditions of Credit Card No Cost EMI

The following terms and conditions apply to no cost equated monthly installment ("EMI") transactions made using a credit card issued by any bank and using EMI facility as a payment option ("No Cost EMI").

  • The No Cost EMI facility is being offered to the customers who make a purchase transaction on OnlyMobiles.com or the mobile application/ mobile site thereof (collectively, "OnlyMobiles.com") using a credit card issued by any bank using EMI facility; if available on OnlyMobiles.com
  • The No Cost EMI facility is funded by OnlyMobiles and brands (as the case may be) and is made available on select products, as determined from time to time by such sellers and/or brands.
  • The No Cost EMI payment option can only be availed using the credit card of any bank on OnlyMobiles.com and is not available on purchases made using any other payment method including debit cards or net banking or cash on delivery payment methods.
  • Using the No Cost EMI payment option, the customers who undertake the purchase transactions on OnlyMobiles.com, will only pay amounts such that the total of these amounts during the EMI tenure is equal to the list price of the products as displayed on OnlyMobiles.com (at the time of making the purchase transactions). OnlyMobiles.com or brands (as the case may be) will provide amounts equivalent to the interest imposed by the banks to undertake the purchase transactions on EMI.
  • The banks issuing the credit cards reserve the right to charge Goods and Services Tax (GST) or other applicable taxes on the purchase transactions undertaken on EMI.
  • To avail the No Cost EMI facility, customers must place an order with only one eligible item added to the cart. The No Cost EMI payment option cannot be used with multiple items (including multiple eligible items) in the cart.
  • The customers may avail the No Cost EMI facility, provided that:
    • the order is not cancelled by the customer or By OnlyMobiles
    • the product is not returned / exchanged by the customer.
  • The EMI facility is made available to the customers by and in the sole discretion of the banks issuing the credit cards. OnlyMobiles.com will not be liable for any claims on account of availability or non-availability of EMI facility.
  • OnlyMobiles reserves the right to stop No Cost EMI payment option at any time without prior notice and without any liability.
Compliance with Laws:
  1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  2. Buyer and OnlyMobiles shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and OnlyMobiles Website.

Buyer's arrangement with Issuing Bank:

  1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
OnlyMobiles' Returns Policy

Our returns policy is towards consumer protection and in line with the law of the land. Not all products or categories have the same returns policy. For all products, the policy on the product page shall prevail over the general returns policy. You can even call at our customer support at 1800-313-0306 for more details.

Part 1 Category, Return Window, Mode of Payment & Actions Possible

Category
Return Window
Mode of Payment
Return or Replacement
Category Mobile
Return Window Phones 10 Days
Mode of Payment
Cash On Delivery
Full Payment via Credit Card
Full Payment via Debit Card
Full Payment via UPI
EMI Via Credit Card
Cardless EMI (PayU Monedo)
Full Payment via Digital Wallets
Full Payment via Net Banking
Return or Replacement
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Replacement
Replacement
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Category Tablets & iPads
Return Window Phones 10 Days
Mode of Payment
Cash On Delivery
Full Payment via Credit Card
Full Payment via Debit Card
Full Payment via UPI
EMI Via Credit Card
Cardless EMI (PayU Monedo)
Full Payment via Digital Wallets
Full Payment via Net Banking
Return or Replacement
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish
Replacement
Replacement
Return Or Replacement; as per customer's wish
Return Or Replacement; as per customer's wish

Part 2 Returns & Replacement Request Processing

In case if you want to return the product and want to claim refund or want to opt for the replacement, keep in the mind the below.

Reason for Return/Replacement
Request Window
Actions to Follow
Reason for Return/Replacement Wrong Product Delivered
Request Window 48 Hours from the time of delivery
Actions to Follow

We shall approach you and collect the product back from you. Customer needs to ensure that they must not use the product in such case.

Reason for Return/Replacement Wrong Color Product Delivered
Request Window 48 Hours from the time of delivery
Actions to Follow

We shall approach you and collect the product back from you. Customer needs to ensure that they must not use the product in such case.

Reason for Return/Replacement Damaged Product
Request Window 24 Hours from the time of delivery
Actions to Follow

We shall approach you and collect the product back from you. Customer needs to ensure that they must not use the product in such case.

Reason for Return/Replacement Manufacturing
Request Window Defect 10 Days
Actions to Follow

Customer might require to visit the company service centre for the certification about manufacturing defect. Replacement/Return will be based on the replacement certification from the brand's authorised service centre.

Part 3 Brands & Returns/Replacement Processing

Brands
Return/Replacement Applicability
Processing
Brands Apple & Google
Return/Replacement Applicability Replacements Only
Processing

Customer needs to visit the brand's service partner and their service partner will issue the replacement. This is as per these brands' service policies.

Brands All Other Brands Excluding Apple, Google
Return/Replacement Applicability Return OR Replacement; as per customer's wish
Processing

We shall help with the return or replacement as per customer's wish

Part 4 Returns Pick-Up and Processing

Once we receive the product back from the customer, your product will be checked for the following conditions:

Category
Conditions
Category Correct Product
Conditions

IMEI/ name/ image/ brand/ serial number/ article number/ bar code should match and MRP tag should be undetached and clearly visible.

Category Complete Product
Conditions

All in-the-box accessories (like remote control, starter kits, instruction manuals, chargers, headphones, etc.), freebies and combos (if any) should be present.

Category Unused Product
Conditions

The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable). Before returning a Mobile/ Tablet, the device should be formatted and Screen Lock (Pin, Pattern or Fingerprint) must be disabled. iCloud lock must be disabled for Apple devices.

Category Undamaged Product
Conditions

The product (including SIM trays/ charging port/ headphone port, back- panel etc.) should be undamaged and without any scratches, dents, tears or holes.

Category Undamaged
Conditions

Packaging Product's original packaging/ box should be undamaged.

There may be certain pin codes where we cannot arrange reverse-pickup, customer will require to send the product to our provided location. However, we will bear the entire transportation charges in such cases. Customer will require to provide the transport charges receipt of the shipping company and customer’s bank account details for the credit of the same.

If OnlyMobiles has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, OnlyMobiles may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on OnlyMobiles will not be allowed to return their products.

OnlyMobiles reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, OnlyMobiles may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Exchange Offers:

By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

You agree to indemnity and keep indemnifying OnlyMobiles.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by OnlyMobiles.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, OnlyMobiles.com, Seller or the Manufacturer shall not be responsible for the same and I will not approach OnlyMobiles.com for any retrieval of the data.

I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

I agree to indemnity and keep indemnifying the OnlyMobiles.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by

OnlyMobiles.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

I understand once a device is sent by me to OnlyMobiles, in no scenario can this device be returned back to me.

I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

Indemnity

You shall indemnify and hold harmless OnlyMobiles, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore. Jurisdictional Issues/Sale in India Only Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. OnlyMobiles make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and OnlyMobiles is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by OnlyMobiles and products are sold by us. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

OnlyMobiles respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to OnlyMobiles at support@OnlyMobiles.com

Product Description

OnlyMobiles we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Buyer must check with the respective manufacturer before making any purchase decision.

Limitation of Liability

IN NO EVENT SHALL ONLYMOBILES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

POLICIES

Profanity Policy

OnlyMobiles prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

OnlyMobiles will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

OnlyMobiles reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, OnlyMobiles may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

OnlyMobiles reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, OnlyMobiles may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

  1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
  2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
  3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by OnlyMobiles. OnlyMobiles encourages its Users to be professional, courteous and respectful when communicating by email.

However, OnlyMobiles will investigate and can take action on certain types of unwanted emails that violate OnlyMobiles policies.

Such instances:

Threats of Bodily Harm - OnlyMobiles does not permit Users to send explicit threats of bodily harm.

Misuse of OnlyMobiles System - OnlyMobiles allows Users to facilitate transactions through the OnlyMobiles system, but will investigate any misuse of this service.

Spoof (Fake) email - OnlyMobiles will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - OnlyMobiles's spam policy applies only to unsolicited commercial messages sent by OnlyMobiles Users. OnlyMobiles Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of OnlyMobiles - OnlyMobiles prohibits email offers to buy or sell listed products outside of the OnlyMobiles Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

OnlyMobiles policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status

Other Businesses

OnlyMobiles does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, OnlyMobiles assumes no responsibility for examining or evaluating the products and services offered by them. OnlyMobiles do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). OnlyMobiles does not endorse, in any way, any third party website(s) or content thereof.