Terms & Conditions

Terms and Condition for Use-

Welcome to the Fitsmybudget.in website (the "Website") and our selling services (the "Services"). Any person who wants to access the Site and use the Website to sell items must accept the terms and conditions of this Enrolment Agreement without change.

BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS ENROLLMENT AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

Fitsmybudget.in (“FMB,” “we” “us” “our” and “ShreeShital Procurement Solutions”) reserves the right to change any of the terms and conditions contained in this Enrolment Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Enrolment Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

YOU’RECONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING FBS’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS ENROLLMENT AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.


Eligibility.Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid Bank information. You represent and warrant that:

(a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country

(b) you have all requisite right, power and authority to enter into this Enrolment Agreement and perform your obligations hereunder; and

(c) any information provided or made available by you or your affiliates to FMB or its affiliates is at all times accurate and complete.

Our business hours

Our hours are 9:30AM to 7 PM Monday to Saturday at +912262231894

Conditions of Use :-

You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Fitsmybudget, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law.

You must not use the Site for any of the following:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  •  to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or    which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise
  • injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
  • to cause annoyance, inconvenience or needless anxiety;

Seller Approval-

If you submit material, and unless we indicate otherwise, you grant ShreeShital Procurement Solutions LLP  and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant ShreeShital Procurement Solutions LLP and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ShreeShital Procurement Solutions LLP and its affiliates for all claims arising from content you supply. ShreeShital Procurement Solutions LLP has the right but not the obligation to monitor and edit or remove any activity or content. ShreeShital Procurement Solutions LLP takes no responsibility and assumes no liability for any content submitted by you or any third party.

Services Description

ShrreShital Procurement Solutions LLP, FMB and its affiliates attempt to be as accurate as possible. However, FMB does not warrant that descriptions of or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. FMB provides links to other sites over which FMB has no control. FMB is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

Disclaimer of warranties and limitation of liabilities

This site is provided by ShreeShital Procurement LLP or FMB on an “as is” and “as available” basis. FMB makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. you expressly agree that your use of this site is at your sole risk. FMB reserves the right to withdraw or delete any information from this site at any time in its discretion.

To the full extent permissible by applicable law, FMB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FMB does not warrant that this site, its servers, or e-mail sent from FMB are free of viruses or other harmful components.FMB will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages

Applicable Law

By visiting this Site, you agree that the laws of India will govern these Terms of Use and any dispute of any sort that might arise between you and FMB or its affiliates

Disputes

Any dispute relating in any way to your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Mumbai, India.

Site Policies, Modification and Severability

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

Enrolment Agreement-

Applicable Policies and Guidelines.You agree to abide by the procedures and guidelines--contained herein for conducting fixed price sales, which are incorporated by reference into, and made part of, this Enrolment Agreement. The procedures and guidelines contained below explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to this section to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Site. For each item you list on the Site, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not communicate with the customers directly except otherwise requested by FMB team. Where Shipment is done by Seller, Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you ("Confirmation of Shipment"). If you fail to provide Confirmation of Shipment within the time frame specified by us (e.g., 3 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us.

Returns of Items from Customer-

In case the the Items are returned by customers due to misrepresentation of Information or inaccurate information uploaded in such cases the seller will have to pay FMB the logistics handling Fees on actuals+5% (To and From) in case the shipment is handled by FMB, No negotiations will be entertained on the cost of Shipment in such cases, as FMB has rates fixed with Logistics partners and the most economical rates available TO FMB are considered.

Fitsmybudget Role.

FMB provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. As a Seller, you may list any item on the Site unless it is a prohibited item by law of the country where it is required to be shipped, in such case a clear declaration is required from the sellers stating the country where the item is not intended to be sold. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk

Sellers' Listing Fees and Payment Terms.

The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. All fees, including but not limited to subscription plan fees, are payable upon demand.

FMB will add a commission of 10% on the amount listed in the website, this commission will be changed time to time and it is sellers responsibly to check on the commission amount whenever he is listing the items.

You agree that FMB has full right to trade on items listed by you and you will have no objection, claim right on the difference of the cost at which item is sold in case of trading, you also undertake to submit all documentation required for taxation/Octroi purpose.

 

Your Money

To initiate a transfer of funds from your seller account to your Account, Fitsmybudget requires:Valid information the bank account to which funds will be transferred to you.

After a sale occurs and you have sent FMB confirmation that the order has been shipped, FMB ACCOUNT processes the payment from the buyer and credits the net proceeds from the sale to your seller account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your account from sales.

The funds in your seller account will be automatically Transferred to your bank account every 30 days for advance payments and if PDC (Post Dated Cheque) are taken in such case upon clearance of PDC(In such case the seller will be notified). Transfer of funds will be initiated once FMB ACCOUNTS concludes that it is no longer necessary to hold funds to cover chargebacks, refunds, Guarantee claims, or other claims against your sales transaction.

At FMB the amount are displayed in US Dollars as well as INR, if the item is sold overseas in such cases the exchange rate for the Purchase will be the closing rate on the date of Purchase. Seller agrees to bind by the Dollar rate which is displayed on the site and no consideration will be given on any request for change in amount.

We may refuse service to anyone for any rea son. We reserve the right, upon termination of this Enrolment Agreement or Seller's use of the Services, to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with Your Transactions from Seller's Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means as necessary for the amount incurred by FMB for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.

Sales Proceeds will be held in an account with FMB Accounts (a "Payment Account") and will represent an unsecured claim against FMB Accounts. Prior to disbursing funds to you, FMB Accounts may combine Sales Proceeds held with the funds of other users of the Services, invest them , or use them for other purposes permitted by applicable laws. You will not receive interest or any other earnings on any Sales Proceeds. To the extent required by applicable laws.


Your Transactions

a.     For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price on site who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

b.    FMB works on a standard commission cost as well as trading in materials, FMB has full right to change the Proposed pricing by vendor and sell it at higher cost where by the seller should have no right or objection over the difference in such case all necessary paperwork required by FMB has to be delivered to FMB upon their request by the seller. The seller will be paid on the basis of amount Proposed by the seller less commission where applicable.

Seller Taxes.

You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Fitsmybudget is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.

Logistics

Logistics is a very important component of online business, FMB will be using its own logistics providers for shipping all items to its destination, The charges for delivery will be decided depending on Destination, the size, weight and volume of the equipment. These charges will be intimated to buyers upon receipt of final confirmation.

Only upon receipt of final confirmation the seller will be advised to keep all material ready for dispatch.

In case the seller is required to dispatch the material he will be intimated accordingly where by the charges for the logistics will be borne by the Seller and if in disagreement the seller will intimate FMB to negotiate with customers accordingly.

FMB verified Products

FMB provides verification services to the Seller at location, in case of verified listings a product guarantee at works is given to the buyers. Additionally buyers can also request for verification for items not verified by us, in such cases a Verification fees of 10% of the Product value will be charged to the customer.

However FMB does not take any liability of products verified nor offer replacement unless agreed by seller.Products verified by FMB only certifies that the item if fit for purpose at the time of inspection,any modification/damages to the equipment while in transit are not covered under gurantee

The vendor is obligated to allow FMB employees in their premises and cooperate fully in assessing the condition of equipment’s and where required run the equipment to reach a proper assessment of the Product.

These verified Items will be endorsed in the website and displayed on preferential basis.

Products not verified by FMB -

FMB does not take any guarantee of any products not verified by FMB, FMB will not be liable for replacement, repair or refund of items not verified by FMB and purchased by the customer.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL FMB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE FMB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FMB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Scroll