Terms & Conditions

Terms and Condition  

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.abhivya.com website.

The domain name www.abhivya.com (hereinafter referred to as "Website") is owned by M/s Abhivya a Propreitorship  firm with its office at 684, Musaraffarganj, Mirzapur- 231001, Uttar Pradesh, India (hereinafter referred to as "Abhivya").

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 M/s Abhivya and these terms and conditions including the policies constitute Your  binding obligations, with Abhivya.

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. Abhivya allows the User to surf the Website or making purchases without  registering on the Website. The term "We”, "Us”, "Our" shall mean M/s Abhivya, a sole proprietorship firm.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews,  Seller 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.


By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Abhivya 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 Abhivya 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. Abhivya  reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Abhivya'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.


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. Abhivya is not and cannot be a party to or control in any manner any transaction between the Website's Users.


All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The  commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period  and mode of delivery, warranties related to products and services and after sales services related to products and services.  Abhivya does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance  of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are  by the Seller/Brand and not by Abhivya.

Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the  Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller 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 Seller, shall be refunded to the  Buyer. Further, the Seller 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 the Seller and may vary from  individual to individual.

Abhivya 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. Abhivya does not implicitly or explicitly  support or endorse the sale or purchase of any products or services on the Website. Abhivya accepts no liability for any  errors or omissions, whether on behalf of itself or third parties.

Abhivya is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers.  Abhivya cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on  the Website. Abhivya shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and  Sellers.

Abhivya 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 User that You choose to deal  with on the Website and use Your best judgment in that behalf.

Abhivya does not at any point of time during any transaction between Buyer and Seller on the Website come into or take  possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or  claims over the products or services offered by Seller to Buyer.

At no time shall Abhivya hold any right, title or interest over the products nor shall Abhivya have any obligations or liabilities in  respect of such contract entered into between Buyers and Sellers. Abhivya 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.

The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services.  Abhivya is only providing a platform for communication and it is agreed that the contract for sale of any of the products or  services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall Abhivya hold any right, title or interest over the products nor shall Abhivya have any obligations or liabilities in  respect of such contract.

Abhivya 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.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the  seller(s) that You transact with.

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 seller may be incorrectly reflected and in such an event seller may cancel such your  order(s).

You release and indemnify Abhivya 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, Abhivya 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. Abhivya does not charge any fee for browsing and buying on the Website.  Abhivya reserves the right to change its Fee Policy from time to time. In particular, Abhivya 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 Abhivya  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 M/s Abhivya.

Use of the Website

(a) You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles: 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, Abhivya's prior written consent means a communication coming from Abhivya'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;

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.

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.

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.

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.

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.

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 Abhivya and / or others.

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 Income Tax, Octroi, GST, 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.

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.

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold  by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate  or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

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.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Abhivya shall have the right to  remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or  letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF  THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such  Content posted does not necessarily reflect Abhivya views. In no event shall Abhivya assume or have any responsibility or  liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of  Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which  You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third  parties or contain any libellous, tortious, or otherwise unlawful information.

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.

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.

Abhivya 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 Abhivya has no control over such third party user generated content  as Abhivya 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 Abhivya'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.


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 affiliates may 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 you access 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, Abhivya  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.

Abhivya 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. Abhivya 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.


As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are  incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our  Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary  rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures

that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must  be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item  description does not match the actual condition of the item, you agree to refund any amounts that you may have received  from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Abhivya  reserves the right to delete such multiple listings of the same product listed by you in various categories.



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:

Lack of authorization for any transaction/s, or

Exceeding the preset limit mutually agreed by You and between "Bank/s", or

Any payment issues arising out of the transaction, or

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.


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 Seller and payment facility is merely used by the  Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Abhivya 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 Abhivya's Website.

You have specifically authorized Abhivya 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 Abhivya is on a principal to principal basis and by accepting these Terms of Use you agree that Abhivya is an independent contractor for all purposes, and does not have control of or liability for the products or  services that are listed on Abhivya's Website that are paid for by using the Payment Facility. Abhivya does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

You understand, accept and agree that the payment facility provided by Abhivya 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 Abhivya Website using the existing authorized banking  infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Abhivya 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 the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall  pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

You, as a Buyer, may agree with the Seller 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 Abhivya 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 Abhivya in case of any misuse by Buyer. Refund shall be subject to Buyer complying with Policies.

Abhivya reserves the right to impose limits on the number of Transactions or Transaction Price which Abhivya 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.

Abhivya 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 Abhivya or breach/violation of any law or any charges imposed by  Issuing Bank or breach of any policy.

Abhivya 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 Abhivya. As a result of such  check if Abhivya is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Abhivya 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 Abhivya.

Abhivya may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Abhivya deems suspicious or for  Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Abhivya  may hold Transaction Price and Abhivya 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.

The Buyer and Seller acknowledge that Abhivya 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 Abhivya.

Compliance with Laws:

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.

Buyer and Seller 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 Abhivya Website.

Buyer's arrangement with Issuing Bank:

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.

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.

Abhivya's Replacement Guarantee*

Abhivya's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The  return policy period (Abhivya's Replacement Guarantee) depends on the product category and the seller. Kindly click here to  know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return  policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller  subject to the following terms and conditions

Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy  period and the same product/s will be replaced in return of the defective product/s.

Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller. Following products shall not be eligible for return or replacement:

a. Damages due to misuse of product;

b. Incidental damage due to malfunctioning of product;

c. Any consumable item which has been used/installed;

d. Products with tampered or missing serial/UPC numbers;

e. Digital products/services (Flyte music downloads)

f. Any damage/defect which are not covered under the manufacturer's warranty

g. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if  any, and all other items originally included with the product/s delivered;

h. Jewellery which is 'made to order' on customer's request

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions: Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged. Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile  covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee)  applicable for different categories.

If Abhivya 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, Abhivya 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 Abhivya will not be allowed to  return their products.

Abhivya 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, Abhivya 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 Abhivya.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  Abhivya.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, Abhivya.com, Seller  or the Manufacturer shall not be responsible for the same and I will not approach Abhivya.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 Abhivya.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 Abhivya.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 Abhivya, 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.

Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued  by entities operating in India and subject to Indian regulations.

Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we  do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that  you shall pay all amounts due upon demand by us.


You shall indemnify and hold harmless Abhivya, 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 Delhi.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Abhivya 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  Abhivya 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 Abhivya and products are sold by both Abhivya & respective Sellers. 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

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

Product Description

Abhivya 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.

Limitation of Liability


Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this  Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the  Grievance Officer are provided below:

Mr. Abhishek Kumar Singh


684 , Musaffarganj, Mirzapur – 231001 (U.P.)

contact us

Email: abhivyacom@gmail.com

Phone: +91 9208165025

Time: Mon - Sat (9:00 - 18:00)


Profanity Policy

Abhivya 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 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. Abhivya 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:

Limits placed on account privileges;

Loss of special status;

Account suspension.

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the  time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of  the product/s can ask for replacement of the product/s from the seller.

If Abhivya has 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, misleading or not genuine, then Abhivya may while reserving its rights to initiate  civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display  Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this  program.

Abhivya 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, Abhivya 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.