Cancel, Return and Refund Policy

GULLYSTORE : AN ONLINE RETAIL STORES

Cancellations and Refund Policy- GULLYSTORE India

Selling:

1. After placing the order for new products user is allowed to cancel only before 7 days from ordered date.

2. After cancellation refund is done with in 1 to 7 working days.

3. Order taker will be credited with the ordered amount only between 7 to 15 working days.

4. Delivery will be done with 1 to 3 working days.

https://gullystore.in/help-centre

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchase by the Orderer to the Order taker on the GULLYSTORE Platform. Following situations may arise:

Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Order taker.

Return could also result in refund of money in most of the cases.

Points to be noted:

Order taker can always accept the return irrespective of the policy.
If Order taker disagrees a return request, Orderer can file a dispute under the Orderer Protection Program*.

We encourage the Orderer to review the listing before making the purchase decision. In case Orderer orders a wrong item, Orderer shall not be entitled to any return/refund.

Orderer needs to raise the return request within the return period applicable to the respective product.Once Orderer has raised a return request by contacting Us on Our Toll Free Number, Order taker while closing the return ticket can select one of the following:

Replace after shipment collection - Order taker has agreed to wait for the logistics team to collect the shipment from the Orderer before replacing it)
Refund after shipment collection - Order taker has agreed to wait for the logistics team to collect the shipment from the Orderer before refunding)
Refund without shipment collection - Order taker has agreed to refund the Orderer without expecting the original shipment back)
Replace without shipment collection - Order taker has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by GULLYSTORE (such as 'The Big Billion Day') separate policies may be applicable.

In the event the Order taker accepts the return request raised by the Orderer, Orderer will have to return the product and then the refund shall be credited to the Orderers account.

In case the Order taker doesn't close the ticket in 3 days from the date of intimation to the Order taker about the refund request, the refund request shall be settled in favor of the Orderer.

Further for returns being made by Orderer to the Order taker of the product, the following parameters needs to be ensured by the Orderer:

Category Condition

Electronics Should be included

Clothing and Footwear Should be "New & Unworn" (other than for trial)

Beauty, Health & Personal Care Should be "New & Unopened"

Sports & Equipment Should be "New" and returned with original packaging

Office Products Should be "New" and returned with original packaging

Jewellery Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Orderer shall not be entitled to any refund of money from the Order taker.

Shipping cost for returning the product shall be borne and incurred by the Order taker.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Orderer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

Order taker can always accept the return irrespective of the policy.
If Order taker disagrees for a return request, Orderer can file a dispute under Orderer Protection Program*.

Orderer needs to raise the replacement request within the return period applicable to the respective product. Once Orderer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:

Orderer is asked for "Reason for Return". Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Order taker seeking either "approval" or "rejection" of the replacement request.
In case the Order taker accepts the replacement request, Orderer shall be required to return the product to the Order taker and only after return of the product, Order taker shall be obliged to provide the replacement product to the Orderer.
Incase Order taker rejects the replacement request, Orderer can choose to raise a dispute by contacting us through this link: https://gullystore.in/help-centre

In case the Order taker doesn't have the product at all, Order taker can provide the refund to the Orderer and Orderer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Order taker doesn't respond to the Orderer's replacement request, within three (3) days from the date of replacement request placed by the Orderer, refund shall be processed in favour of Orderer and Order taker shall be liable to refund amount paid to the Order taker.

All shipping and other replacement charges shall be borne and incurred by the Order taker.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on GULLYSTORE. However there may be some cases where both the Orderers and Order takers may face issues. At GULLYSTORE, we have a Dispute Resolution process in order to resolve disputes between Orderers and Order takers.

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Orderer and a Order taker in connection with a transaction on the Platform.

How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Orderer and the Order taker. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Orderer/Order taker raises a dispute, they should attempt to solve the issue. Please note that whenever a Orderer raises a dispute, the Order taker's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?

Whenever there is a disagreement, the Orderer can contact us through this link https://gullystore.in/help-centre , while the Order taker can write to support@gits.in, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

Wrong item received
Item Not as described
Damaged or Seal broken on Product
Part/Accessory missing
Item not Compatible
Order taker Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice

In case the Order taker rejects the return request of the Orderer, and Orderer raises a dispute, then GULLYSTORE will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favor of the Orderer, a refund is provided once the product is returned to the Order taker. If the dispute is settled in favor of the Order taker, Orderer is entitled to any refund.

Orderer Protection Program

In case of a dispute where the Order taker is unable to provide a refund or a replacement, GULLYSTORE will actively work towards reaching a resolution.

The Orderer Protection Program covers Orderer who are unable to successfully resolve their dispute with the Order taker or are not satisfied the resolution provided by the Order taker.

The Orderer can contact us through this link https://gullystore.in/help-centre if the issue with the Order taker is not resolved. GULLYSTORE’s Customer Support team will look into the case to check for possible fraud and if the Orderer has been blacklisted/blocked from making purchase on the Platform. Only after verifying these facts, a dispute can be registered.

CS team will not facilitate a conference call, CS team acts as the bridge between customer and Order taker.

When a dispute has been raised, GULLYSTORE may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Orderers and Order takers are subject to final consent from GULLYSTORE for settling the dispute.

Orderer Eligibility and Restrictions

Only the Orderer who have purchase the product on GULLYSTORE are eligible for the Orderer Protection Program.

Orderer can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Orderer responsibility. Orderer should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Orderer Protection Program, Orderer should first contact the Order taker and attempt to resolve the issue. If the Orderer doesn't hear from the Order taker or is unable to resolve the issue with the Order taker even after contact, a dispute can be raised with GULLYSTORE by contacting us through the link: https://gullystore.in/help-centre

Fraudulent charges and claims are not covered under Orderer Protection Program

If the Orderer has already initiated chargeback through the credit card issuing bank, it will not be covered under Orderer Protection Program, though in such cases a Order taker can file a claim through the Order taker Protection Program.

Blacklisted and Blocked Orderer are not covered by the Orderer Protection Program.

Orderers who have reached their maximum lifetime limit for claims are also not eligible. Orderer can make a maximum of 5 claims per year on GULLYSTORE. If the claim was withdrawn, it is not counted. The coverage amount will be limited to â‚¹50,000

Through the Orderer Protection program, GULLYSTORE does not provide any guarantee/warranty to Orderer for products sold on GULLYSTORE against technical/manufacturing defects.

Raising disputes against Order takers does not automatically entitle the Orderer to a refund or replacement for the product purchase. GULLYSTORE shall verify the disputes so raised and may process only such claims that are valid and genuine.

GULLYSTORE shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Orderer/Order taker.

Claims of the nature of 'Orderer remorse' (i.e. instances where products are bought by the Orderer by mistake or where the Orderer chooses to change his/her mind with regard to the product purchase by him) will not be entertained through this program.

GULLYSTORE reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GULLYSTORE 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.

Decisions made by GULLYSTORE under the Orderer Protection Program shall be final and binding on its Users.

GULLYSTORE reserves the right to modify / discontinue Orderer Protection Program without any prior notice period to its Users.

Through this program, GULLYSTORE shall not entertain claims of Orderer who have incurred loss due to delayed shipment or delivery of the item by the Order taker.

GULLYSTORE Customer Support Team may seek additional information / clarification from Orderer to facilitate resolution of the dispute. In the event Orderer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favor of the Order taker.

Disputes via Chargeback

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

Item not received CB - Orderer hasn't received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB - Orderer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

Order taker expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Order taker. Furthermore, Order taker shall ensure that invoices state "Powered by GULLYSTORE" and failing to do so Order taker will be liable for chargebacks (as applicable).

Item not as described - meaning item is not what Orderer expected. Dispute will be decided in accordance with the dispute policies.

Payment

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:

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 purchase /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 purchase made on Platform.

Before shipping / delivering your order to you, Order taker 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.

Cash on delivery payment mode is not available for all transactions.

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 Orderer and Order taker and payment facility is merely used by the Orderer and Order taker to facilitate the completion of the Transaction. Use of the payment facility shall not render GULLYSTORE 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 GULLYSTORE’s Platform.
You have specifically authorized GULLYSTORE or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price to and from other Users in respect of transactions through Payment Facility. Your relationship with GULLYSTORE is on a principal to principal basis and by accepting these Terms of Use you agree that GULLYSTORE is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on GULLYSTORE’s Platform that are paid for by using the Payment Facility. GULLYSTORE does not guarantee the identity of any User nor does it ensure that a Orderer or a Order taker will complete a transaction.
You understand, accept and agree that the payment facility provided by GULLYSTORE is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the GULLYSTORE Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, GULLYSTORE is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Orderer:

You, as a Orderer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Order taker to purchase the products and /or services from the Order taker using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Order taker using Payment Facility.
You, as a Orderer, may agree with the Order taker 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 Orderer, shall electronically notify Payment Facility using the appropriate GULLYSTORE 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. Orderer is required to confirm the receipt of products or services.
You, as a Orderer, 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 than this would make You ineligible for a refund.
You, as a Orderer, 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
Refund If any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You as per the refund policy.
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).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to GULLYSTORE in case of any misuse by Orderer.
We may also request you for additional documents for verification.
Refund shall be subject to Orderer complying with Policies.
GULLYSTORE reserves the right to impose limits on the number of Transactions or Transaction Price which GULLYSTORE 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 Orderer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
GULLYSTORE reserves the right to refuse to process Transactions by Orderer with a prior history of questionable charges including without limitation breach of any agreements by Orderer with GULLYSTORE or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment is disabled for all account users, at the sole discretion of GULLYSTORE. No cash on delivery payment method allowed.
GULLYSTORE may delay notifying the payment confirmation i.e. informing Order taker to Dispatch, if GULLYSTORE deems suspicious or for Orderer conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, GULLYSTORE may hold Transaction Price and GULLYSTORE may not inform Order taker to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Orderer) at the request of law enforcement officials or in the event the Orderer is engaged in any form of illegal activity.
The Orderer and Order taker acknowledge that GULLYSTORE 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 GULLYSTORE.

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.
Orderer and Order taker 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 GULLYSTORE Platform.

Orderer 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 Orderer 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 Orderer and the respective Issuing Bank.

Customer Conduct

Terms:

A) GULLYSTORE fosters diversity, inclusion, equity and protect the individuals who are engaged with us as delivery partners from any discrimination on grounds such as race, social origin, caste, ethnicity, nationality, gender, gender identity and expression, sexual orientation, disability, religion or belief, age or any other grounds.

B) GULLYSTORE prohibits discrimination against delivery partners under any circumstances and on any grounds including on the basis of race, religion, caste, place of origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristics that may be protected under applicable law.

C) We reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with GULLYSTORE in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

D) You are expected to treat all delivery partners with courtesy and respect.

GULLYSTORE’s Replacement Guarantee

GULLYSTORE’s Replacement Guarantee seeks to assist Orderer who have been defrauded by qualified Order takers on the Platform. The return policy period (GULLYSTORE’s Replacement Guarantee) depends on the product category and the Order taker. 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 Orderer of the product/s can ask for replacement of the product/s from the Order taker subject to the following terms and conditions

Notify Order taker 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 Order taker.

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/service

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 Order takers 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' jewelry, 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 GULLYSTORE has any suspicion or knowledge that any of its Orderer and Order takers are involved in any activity that is intended to provide claims or information that is false or not genuine, GULLYSTORE may also, while reserving its rights to initiate civil and/or criminal proceedings against such member Orderer and Order takers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such Orderers and Order takers 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 GULLYSTORE will not be allowed to return their products.

GULLYSTORE 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, GULLYSTORE 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 GULLYSTORE.IN and any future Orderer 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 GULLYSTORE.IN, its affiliates or any future Orderer 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, GULLYSTORE.IN, Order taker or the Manufacturer shall not be responsible for the same and I will not approach GULLYSTORE.IN 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 GULLYSTORE.IN and any future Orderer 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 GULLYSTORE.IN, its affiliates or any future Orderer 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 GULLYSTORE, in no scenario can this device be returned back to me.

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

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

Cancel, Return and Refund Policy

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