Refund policy

Payment

Refund timeline : we will process Refund with 7 working days as per our / Bank policy.  

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

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

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

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

Further:

• 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 Ascape.co.in (Ascape Technology) unit of Skira Corporation 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 the Platform.
• You have specifically authorized Ascape.co.in (Ascape Technology) or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery (“Cash on Delivery” or “CoD”) to and from other Users in respect of transactions through payment facility. Your relationship with Ascape.co.in (Ascape Technology) is on a principal to principal basis and by accepting these Terms of Use you agree that Ascape.co.in (Ascape Technology) is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the payment facility. Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) is neither a banking nor financial service but it 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 Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Ascape.co.in (Ascape Technology) 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 Platform 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 Platform features within the stipulated time, then 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 or original mode of payment 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) or through any other payment modes as agreed by 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 Ascape.co.in (Ascape Technology) in case of any misuse by buyer.

Refund shall be subject to buyer complying with Policies.

• Ascape.co.in (Ascape Technology) reserves the right to impose limits on the number of transactions or transaction price which Ascape.co.in (Ascape Technology)  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 the RBI 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.
• Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
• Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) . As a result of such check if Ascape.co.in (Ascape Technology) is not satisfied with the creditability of the buyer or genuineness of the transaction or other reasons at its sole discretion, Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) .
• Ascape.co.in (Ascape Technology) may delay notifying the payment confirmation i.e. informing seller to dispatch, if Ascape.co.in (Ascape Technology) deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Ascape.co.in (Ascape Technology) may hold transaction price and Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) 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 Ascape.co.in (Ascape Technology) .

Compliance with Laws:

1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2, 00, 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer on the Platform and the name on the PAN Card.
2. Buyer and seller shall at all times 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 the Platform.

Buyer’s arrangement with Issuing Bank:

1. All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.

Indemnity

You shall indemnify and hold harmless Ascape.co.in (Ascape Technology), 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.

Release

If You have a dispute with one or more users, You release Us (and our affiliates and subsidiaries, and Our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which You may know or suspect to exist in your favor at the time of agreeing to this release.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented by the independent sellers solely for the purpose of sale in India. Ascape.co.in (Ascape Technology) make no representation that materials in the Platform are appropriate or available for use in other locations/countries other than India. Those who choose to access this Platform from other locations/countries other than India do so on their own initiative and Ascape.co.in (Ascape Technology) 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 Platform is controlled and operated by Ascape.co.in (Ascape Technology) and products are sold by respective sellers. All material on this Platform, including images, illustrations, audio clips and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform 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 Platform 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

Ascape.co.in (Ascape Technology)  respects the intellectual property of others. In case You feel that your Trademark has been infringed, You can write to sellercare@ascape.co.in

Product Description

Sellers are responsible for their product descriptions, contents, features, quality, condition, pricing etc. Ascape.co.in (Ascape Technology)  does not warrant that product description or other Content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL Ascape.co.in (Ascape Technology) unit of Skira Corporation  BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Ascape.co.in (Ascape Technology) liability in any circumstances is limited to be the amount of fees or the transaction price (as the case may be), if any, paid by You to Ascape.co.in (Ascape Technology).

General

None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and Ascape.co.in (Ascape Technology) ; and You shall have no authority to bind Ascape.co.in (Ascape Technology)  in any manner whatsoever.

Except as explicitly stated otherwise, any notice shall be given by postal mail on behalf of Ascape.co.in (Ascape Technology) to Ascape.co.in (Ascape Technology) (in the case of Ascape.co.in (Ascape Technology) or to the email address You provide to Us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Us during the registration process or updated thereafter. In such case, notice shall be deemed given three (3) days after the date of mailing.

If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.

This Terms of Use sets forth the entire understanding and agreement between You and Ascape.co.in (Ascape Technology) with respect to the subject matter hereof.

In Ascape.co.in (Ascape Technology) sole discretion, Ascape.co.in (Ascape Technology) may transfer its rights and obligations (also known as “assign”) under this Terms of Use without your prior express consent, provided that Ascape.co.in (Ascape Technology) unit of Skira Corporatio assigns the Agreement on the same terms or terms that are no less advantageous to You.

Contact Us

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

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

ascape.tech@gmail.com

POLICIES

Profanity Policy

Ascape.co.in (Ascape Technology) 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 Platform 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 Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

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

Ascape.co.in (Ascape Technology)  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.

Other Businesses Ascape.co.in (Ascape Technology)  does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Ascape.co.in (Ascape Technology) assumes no responsibility for examining or evaluating the products and services offered by them. Ascape.co.in (Ascape Technology)  does not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Ascape.co.in (Ascape Technology)  does not endorse, in any way, any third party Platform(s) or content thereof. Ascape.co.in (Ascape Technology) Infringement Verification (Ascape.co.in (Ascape Technology) – Reporting Listing Violations Ascape.co.in (Ascape Technology)  has put in place Ascape.co.in (Ascape Technology) Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Ascape.co.in (Ascape Technology) interest to ensure that infringing products are removed from the Platform, as they erode buyer and good seller trust.

• If you are a Verified Rights Owner and want to report a listing issue, see Ascape.co.in (Ascape Technology) Ascape.co.in (Ascape Technology) . Note: Only the intellectual property rights owner can report potentially infringing products or listings through Ascape.co.in (Ascape Technology)I. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
• If your listing was removed through Ascape.co.in (Ascape Technology), and you believe that your listing was removed in error, please contact us.

Ascape.co.in (Ascape Technology)  does not and cannot verify that sellers have the right or ability to sell or distribute their listed products. However, Ascape.co.in (Ascape Technology)  is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Ascape.co.in (Ascape Technology)  in writing. Ascape.co.in (Ascape Technology) works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Ascape.co.in (Ascape Technology) participants have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be allegedly infringed upon by products listed on Ascape.co.in (Ascape Technology) is encouraged to become a Ascape.co.in (Ascape Technology) member. Program membership entitles you (Verified Rights Owner) to the following benefits:

• Rapid response by Ascape.co.in (Ascape Technology) in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
• Dedicated priority email queues for reporting alleged infringements
• The ability to obtain identifying information about Ascape.co.in (Ascape Technology) unit of Skira Corporation’s users’

How to Become a Ascape.co.in (Ascape Technology) Member To join the Ascape.co.in (Ascape Technology) , We require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Ascape.co.in (Ascape Technology)  to easily identify the material or listing to be ended. In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at ascape.tech@gmail.com Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted. We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner. Notice of Infringement Ascape.co.in (Ascape Technology) _______________________ _______________________ I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows: I am the owner of certain intellectual property rights, said owner being named __________________ (“IP Owner”). I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material or products claimed to be infringing. I may be contacted at:

Name ___________________________________________________________

Title & Company __________________________________________________

Address _________________________________________________________

Email (correspondence) ____________________________________________

Telephone/Fax ___________________________________________________

Date ___________________________ and I make this declaration conscientiously believing it to be true and correct. Declared by ______________________________ on [date] ___________________________________ in [place]________ Truthfully, Signature Addendum to Notice of Infringement: List of Allegedly Infringing Listings, Products, or Materials A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Ascape.co.in (Ascape Technology)  will inform sellers of the specific reason for the removal of their products. Select the most appropriate reason. Please associate each item you report with only one reason code. Trademark-infringement

1. Trademark owner doesn’t make this type of product or has discontinued the production of the product
2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

1. Listing(s) has unlawful comparison to trademark owner’s brand or product
2. Listing(s) contains unlawful use of trademark owner’s logo

Copyright-item infringement

1. Software is being offered without any license or in violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

1. Listing(s) comprises unauthorized copy of copyrighted text
2. Listing(s) comprises unauthorized copy of copyrighted image
3. Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: ____________________________________________________

Work(s) infringed: __________________________________________________

Item Number(s): ___________________________________________________

Note:

1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant).
2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to ascape.tech@gmail.com. Contacting the Seller At Ascape.co.in (Ascape Technology) , we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support by accessing help center.