Introduction

Welcome to the IndiBay.com, In using the IndiBay.com service of IndiBay.com you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on IndiBay.com constitute an “invitation to Deals”. Your order for purchase constitutes your “Deals” which shall be subject to the terms and conditions as listed below.

IndiBay.com reserves the right to accept or reject your Deals. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of IndiBay.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your Deals.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” as per local Contract Acts are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users/members. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited.

IndiBay.com reserves the right to terminate your membership and refuse to provide you with access to the Site if IndiBay.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by IndiBay.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Those who choose to access this Site from outside Dubai are responsible for compliance with local laws if and to the extent local laws are applicable.
IndiBay.com will deliver the products only within its jurisdiction and will not be liable for any claims relating to any products ordered from outside its jurisdiction.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of IndiBay.com you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. IndiBay.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If IndiBay.com has reason to believe that there is likely to be a breach of security or misuse of the IndiBay.com Site, we may require you to change your password or we may suspend your account without any liability to IndiBay.com.

You also agree to:

1.Provide true, accurate, current and complete information about yourself as prompted by IndiBay.com registration form (such information being the “Registration Data”)

2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, incomplete, or not current or if IndiBay.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, IndiBay.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information

While IndiBay.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. IndiBay.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, IndiBay.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, IndiBay.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your Deals will not be deemed accepted and IndiBay.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that IndiBay.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to IndiBay.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No cash disbursement shall be made under any condition whatsoever.

Prices and availability are subject to change without prior notice.

Cancellation by IndiBay.com

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. No cash disbursement shall be made under any condition whatsoever.

Cancellations by the Customer

In case we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. IndiBay.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by IndiBay.com and accept IndiBay.com decision regarding the cancellation.

Third Party Products / Re-sellers

Along with the terms and conditions these additional terms are applicable in case you have bought any products not manufactured/traded by IndiBay.com. In other words these additional terms and conditions are applicable in case you buy products sold on IndiBay.com by third party vendors and/or re-sellers. You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (‘Vendors and/or re-sellers’). IndiBay.com may not be able to control the transactions or the acts and omissions of the Vendors/re-sellers in such transactions. When you buy such products from Vendors/re-sellers on the Site the following additional terms and conditions will become applicable:

IndiBay.com is not responsible for any non-performance or breach of any contract entered into between you and the Vendor/re-seller. IndiBay.com cannot and does not guarantee that the Vendors/re-sellers will perform any transaction concluded on the Site.

IndiBay.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor/re-seller. In particular, IndiBay.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. IndiBay.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You release and indemnify IndiBay.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors/re-sellers on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, IndiBay.com cannot control the information provided by other Vendors/re-sellers, which is made available on the Site. You may find other Vendor’s/re-sellers information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

All other terms and conditions of this User Agreement are applicable to such transactions.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on IndiBay.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to IndiBay.com. Further the said information will not be utilized and shared by IndiBay.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. IndiBay.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

Fraudulent /Declined Transactions

IndiBay.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. IndiBay.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm

• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by IndiBay.com for redelivery shall be claimed from you.
• That you will use the services provided by IndiBay.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. IndiBay.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), IndiBay.com has the right in its sole discretion to reject the registration and debar you from using the Services of IndiBay.com and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes: 

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  
• Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Site.
• Breaching any applicable laws.
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Shipping

Shipping costs are based on a combination of the following:

• Weight and dimensions of package.
  
• Method of shipment such as Ground, Air, Ship, Rail etc.
  
• The location you are shipping from (city, state, country)
• The location you are shipping to (also called the destination country)

Costs can be considerably higher for international destinations. Generally, buyers pay additional costs such as duties, taxes, and customs clearance fees. For example, international rates may or may not include pickup and door-to-door delivery with customs clearance. An “extended area surcharge” may apply to buyers depending on their international locations.

Note:

This shipping information is provided to you for general information purposes and may not be applicable or accurate for shipments processed with some carriers or for goods shipped across certain international borders. For international shipments, please also check with countries whose borders your shipment may cross for any additional rules, regulations, duties, or taxes that apply.

Insurance

You should always insure international shipments if the carrier does not provide automatic coverage. Check with the carrier for insurance regulations for each country, they may vary.

Modification of Terms & Conditions of Service

IndiBay.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on IndiBay.com. You should regularly review the Terms & Conditions on IndiBay.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of UAE. The Courts at Dubai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by IndiBay.com and his decision shall be final and binding on the parties hereto. The arbitration shall be held in Dubai. The laws of UAE shall be applicable in such aspects. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or Dealsed to IndiBay.com on or by this Site or otherwise disclosed, submitted or Dealsed in connection with your use of this Site (collectively, the “Comments”) shall be and remain IndiBay.com property. Such disclosure, submission or Deals of any Comments shall constitute an assignment to IndiBay.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, IndiBay.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. IndiBay.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. IndiBay.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. IndiBay.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant IndiBay.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify IndiBay.com and its affiliates for all claims resulting from any Comments you submit. IndiBay.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

IndiBay.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of IndiBay.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to IndiBay.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of IndiBay.com. You may not modify, distribute or re-post anything on this website for any purpose. The IndiBay.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of IndiBay.com   All other marks are the property of their respective companies. No trademark or sevice mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply IndiBay.com endorsement, sponsorship or recommendation of the third party, information, product or service. IndiBay.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of IndiBay.com or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by IndiBay.com, one of its affiliates or by third parties who have licensed their materials to IndiBay.com and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of IndiBay.com and is also protected by international copyright laws. 

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, IndiBay.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity  You agree to defend, indemnify and hold harmless IndiBay.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to IndiBay.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or IndiBay.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. IndiBay.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to IndiBay.com. Upon any termination of the User Agreement by either you or IndiBay.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.

IndiBay.com right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Stock Status “On Demand”

Please note that items marked as “On Demand” will be ordered on your demand after payment. This will not guarantee the stock availability within our supplier and we will do our best to provide you the item as soon as possible.

E- Communications

When you visit the Website or send emails to IndiBay.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and IndiBay.com with respect to the IndiBay.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IndiBay.com with respect to the IndiBay.com sites/services. IndiBay.com failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in Dubai that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.

Transaction Currency:

The standard transaction currency on our e-commerce portal is UAE Dhirams (AED). If the customer is using a credit card supplied by banks other than those in the UAE, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.

Country of Merchant Domicile:

IndiBay.com is under the responsibility of Company Name: is a Limited Liability Company registered in Dubai, UAE. 

Returns & Cancellations

If the item arrives dead/faulty

If your item is faulty or not in working condition due to a product defect or not functioning as it is supposed to – then you can still return it. We will arrange a pickup of the item to be returned to the seller. The seller will check the complaint and see if it is genuine. Upon their confirmation we will process the refund of the money back to your credit card.

Within 7 days of receiving the item(s):

If you wish to return the item after receiving it, you have up to seven (7) days to do so, so long as the item is in the same condition as received and with the original packaging intact.

We understand that sometimes you might change your mind on a bought item, If after making the purchase online and you still have not received the item, you could still cancel your order. If you have paid through electronic means (Credit or Debit card, other payment cards) then the money would be refunded, but due to individual card providers, the amount may take time to reflect in your card statement.

In all circumstances you can contact the Customer Service Team through the Contact Us page for a return of an item or refunds.

The item will be checked for the packing conditions and if it is still in sellable condition, the money will be refunded back to you.

If any kinds of Bank charges to revert amount, it will be deduct from your side.

Shipping fees will be deducted from the amount or it will be extra charge to customer

After 7 days from receiving the item(s):

If there is nothing wrong with the item and you just want to return it, please note that some individual sellers do not accept a product back after the seven (7) days have passed although we can contact the seller on your behalf to try and arrange such a return however that is dependent on their acceptance and policies.

Will take minimum 20% of product invoice value and we will return remaining money if cash or credit card.

If item is not working we will send it to our supplier / manufacture for replacement product for customer or else we will make sure it’s properly service and working unit(s)

Refund

Shipping fees will be deducted from the amount, but you will receive a refund for the balance. So basically, if it is a return because you have simply changed your mind then the shipping fees will be retained by IndiBay.com and we just refund you amount paid for the item(s).

You will be refunded the shipping fees for returned items not in proper working condition or faulty and/or defective.

Guarantee and/or Warranty is Deals on items sold on IndiBay.com

There are different types of supplier with IndiBay.com and hence different Warranty Deals. Please read the Deals note against each item listed carefully to understand the individual seller’s policies and procedures. If the item(s) bought is from. IndiBay.com is not responsible for those items however as a buyer you have several recourses for any complaints in regards to individual supplier product.

I think the item I bought might not be a genuine item, what can I do?

IndiBay.com does not tolerate any fake items to be displayed by any of its supplier and strict action will be taken against any supplier should this happen. Our Customer Service Teams will investigate thoroughly any such complaint and the selling of fake or banned items could lead to a seller’s blacklisting and closure of his/her products.

Can I return it and get a refund?

If after the seven (7) days No Questions Asked return period has elapsed, and you item deemed fake, then absolutely yes, so long it is in its original condition and with the original packaging intact, and you can do so via the Customer Service Team through the Contact Us page or filing a complaint requesting a return.

I filed my complaint and contacted your Customer Services and nothing has happened yet?

Firstly, we apologise for the delay. Every complaint filed or issue sent to Customer Services is logged and remains open until full satisfactorily resolution. We work in partnership with all or buyers and sellers to resolve matters speedily, however at times due to complexity of an issue it might require longer to resolve. But rest assured that your case or complaint is not ignored and is being worked on.

But a complaint I had was closed by the seller and I am still not happy or satisfied?

Your complete satisfaction is our primary goal, and you can still re-open the complaint or contact the Customer Service Team through the Contact Us page.

I need to speak directly with a seller/buyer, how can I do that?

Normally this is done via our Customer Services Team through the Contact Us page, however you also have an option to file a complaint directly against an order you made and a seller must respond to you. Failing that you could also escalate the matter to the Customer Service Team.