Terms and Conditions
READ AND SELL hereinafter referred to as “READ N SELL”is an online store to buy new/second hand books at affordable prices and many more. “READ N SELL”is a online platform where you can buy new/secondhand books in various languages, across Globe from the comfort of your home. READ N SELL platform is owned and marketed by JCOMMERCE TECHNOLOGIES PRIVATE LIMITED hereinafter referred to as “JCOMMERCE”. “READ N SELL” helps registered vendors to sell used books to buyers online (“Online Services”) by enabling vendors to create and build their online store account on “READ N SELL”.What makes READ N SELL special is the extremely large collection of books across many of genres in multiple languages.
1. ORDERING PROCESS
1.1. To access and use the Services of READ N SELL”, Vendor must register for a READ N SELL”. account (“Account”) by providing Vendor’s full legal name, current address, phone number, a valid email address, and any other information indicated as required. READ N SELL”.may reject the application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
1.2. The payment for the ordered books will be made by the customers to READ N SELL who shall pay the Vendor. Once the order is accepted by the Vendor the books will be delivered within 7-14 days from the date of placing the order. Any request for replacement of defective goods or refund will be made directly by the Vendor who shall grant a suitable remedy to the customers within 30 days of raising a return and refund request.
1.3. “READ N SELL”, offer a platform to sell and buy books listed on the Platform through our website www.readnsell.com(“Books”).
1.4. In this policy, the word “listing” “ordering” or “placing order”, used in respect of Booksmeans:
- a) to access the website and list a book that the vendormwish to sell through our website
- b) to access the website and select a book listed on the website;
- c) to view and read about the book via the website;
- d) to input name and address for delivery of the product and make payment;
- e) to download the receipts after placing the order.
1.5. READ N SELL enables various features to the User like "call the seller", "Locate and Find", "Buying Options" and "Galleries for displaying Ad"
1.6. The Vendor, signing up on READ N SELL for listing a Book for sale will be the contracting party referred to as ‘Seller’ for this Terms of Use and the customer signing up on READ N SELL to purchase a listed Books will be the contracting party referred as ‘Buyer’.
1.7. By listing your Book or by purchasing Booksfrom the website and/or by clicking on the "accept" button below you have read, understood, and agree to be bound by the terms of the purchase from “READ N SELL”, which is a legal agreement.
1.8. If you do not agree to the terms of the website, you may not list a product or place an order, and you must leave it by clicking on the "cancel" button below.
1.9. We advise you to print a copy of the listed product for sale or order confirmation for future reference.
1.10. Visiting the Platform/Site, sending and receiving emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the platform/site /Mobile Application, satisfy any legal requirement that such communication is in writing.
1.11. By using READ N SELL, you represent and warrant that
1.11.1. All registration information you submit will be true, accurate, current, and complete.
1.11.2. You will maintain the accuracy of such information and promptly update such registration information as and when necessary;
1.11.3. You have the legal capacity and you agree to comply with these Terms and Conditions;
1.11.4. You are not a minor in the jurisdiction in which you reside; and as a minor any user wishes to use READ N SELL E-Commerce platform, such usage may be made under the supervision of their legal guardian or parents.
1.11.5. You will not use READ N SELL E-Commerce platform for any illegal or unauthorized purpose; and
1.11.6. Your use of the READ N SELL E-Commerce platform will not violate any applicable law or regulation.
1.12. We reserve the right, in our sole discretion, to make any changes to Booksor Services and contents that we deem necessary or useful to (a) maintain or enhance: (i) the quality or delivery of our services; (ii) the competitive strength of or market for our services; or (iii) the cost efficiency or performance of the Services; or (b) to comply with applicable law.
1.13. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account or cancel Orders and refuse any current or future use of the READ N SELL E-Commerce platform (or any portion thereof).
2. GRANT AND SCOPE OF SELLERS/BUYERS LISTING A BOOK/PLACING ONLINE ORDERS
2.1. In consideration of completing the process of registration and accepting to abide by the terms of our online listing/purchase, further guarantee, acknowledge, and agree that:
2.1.1. they will keep private and secure all access credentials and passwords provided to you;
2.1.2. they will maintain and operate in accordance with the terms of use ofREAD N SELL.
2.2. As a User, you are solely responsible for verification of the accuracy of the information available on this Platform and any links from this Platform.
2.3. Except as expressly provided in writing, your use of the READ N SELL E-Commerce platform, its content, and any services through the platform is at your own risk and the platform is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither READ N SELL nor any person associated with JCOMMERCEmakes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of Booksor services, warrants that Booksor services obtained through the READ N SELL will be accurate, reliable, that defective goods will be replaced, that the server that makes this services available are free of viruses or other harmful components or that the platform or any services or items obtained through the platform will otherwise meet Sellers/Buyers needs or expectations.
2.4. We reserve the right: (a) to change at any time, without justification and prior notice, partially or in total, the Terms & Conditions, the features, and services provided on READ N SELL E-Commerce Platform/Platform’s functionalities as well as the Platform’s versions of the provided products, (b) to renew or upgrade or discontinue/stop, partially or in total, any of Bookslisted on the Platform, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, we reserve the right at any time, to cancel, suspend or pause or shut down over operation.
2.5. We reserve the right to suspend and/or delete a User Account and/or refuse the registering of a User Account, at any time, for any reason, including in the event we become aware of repeatedly infringing use of the website/Platform from any User and/or any Platform visitor and/or any third party, or in case we receive notices regarding a User’s repeatedly infringing behavior.
2.6. Seller agrees that their listing, posting, and/or Information :
2.6.1. shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and/or services
2.6.2. shall not pertain to goods, services of which the Sellers are not the lawful owner or do not have the authority or consent to 'list', or which do not belong to the Seller or do not have the authority to resell.
2.6.3. Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing based on gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
2.6.4. Shall not be harmful to children;
2.6.5. Shall not infringe any patent, trademark, copyright, or other proprietary rights;
2.6.6. Shall not violate any law for the time being in force;
2.6.7. Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is false or misleading but may reasonably be perceived as a fact;
2.6.8. Shall not impersonate another person;
2.6.9. Shall not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
2.6.10. Shall not contain a software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer resource;
2.6.11. Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
2.6.12. Shall not constitute an unfair trade practice
2.6.13. shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
2.6.14. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, 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.
2.6.15. shall not be placed in the wrong category or an incorrect area of the site.
2.6.16. shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate READ N SELL policy.
2.6.17. You consent to receive communications by email, call, or by such other mode of communication, electronic or otherwise related to the services provided through the website.
3. USER ELIGIBILITY
3.1. User(s) represent and warrant that they have the right to access or use READ N SELL. 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 access and use the READ N SELL.
3.2. READ N SELL can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies, and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Application and avail Services.
4. ACCOUNT REGISTRATION, LISTING OF PRODUCT, AND PLACING AN ORDER
4.1. Upon registration onREAD N SELL, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts.
4.2. A User (referred as Seller) shall list a product he/she wishes to sell in READ N SELL platform and upon receipt of an order from another User(referred as Buyer), READ N SELLshall send electronically a confirmation of such order to the Seller and the Buyer concerned. Further, the READ N SELL may inform the Buyers about the availability or unavailability or change in the price of the order as informed by the Seller concerned. Confirmation of the order shall be treated as final.
4.3. Once the Buyer selects a particular product from READ N SELL and accepts the terms, the Buyer will be directed towards the payment portal. Once the payment is completed the order and shipment details will be made available by the concerned seller’s portal who shall dispatch the product to the Buyer.
4.4. Further, it is agreed that READ N SELL will not be liable or responsible for any failure to perform, or delay in performing, any obligations of the Seller which is caused by an Event outside the Seller’s control such as including without limitation failure of public or private telecommunications networks and courier services.
5. PAYMENT
While availing any of the payment method/s available on the website: READ N SELL /JCOMMERCEshall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
5.1. Lack of authorization for any transaction/s, or
5.2. Exceeding the preset limit mutually agreed by the User and between "Bank/s",
5.3. Any payment issues arising out of the transaction, or
5.4. The decline of transaction for any other reason/s
5.5. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using the services of payment gateway service providers or through an approved, 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.
5.6. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Buyer. 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.
5.7. Transaction Price and all commercial terms such as Delivery, Dispatch of products are between Seller and Buyer and cards payments or payment gateway facility is merely used by the Seller and Buyer to facilitate the completion of the Transaction.
5.8. On placing the order on the Portal the Vendor shall within 24 hours of acceptance of order, update or confirm the date of dispatch and expected date of delivery which shall not later than 7-14 days from the date of placing the order.
5.9. Use of the payment facility shall not render READ N SELL/JCOMMERCE liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of warranty, services, or fraud as regards Booksand /or services listed on READ N SELL.
5.10. The Buyer by agreeing to the payment terms specifically authorize READ N SELL or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically through Online Payment or Payment Gateway Facility. By accepting these Terms of Purchase the Buyer agrees that READ N SELL is an E-Commerce platform that connects the Seller with the potential Buyers and does not have control of or liability for Booksthat are listed on the website, that are paid for by using the Payment Facility.
5.11. The Seller and Buyer understand, accept, and agree that the payment facility provided by READ N SELL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment, collection, and remittance facility for the Transactions on the READ N SELL using the existing authorized banking infrastructure and Credit Card payment gateway networks.
5.12. If READ N SELLhas any suspicion or knowledge that any of its Users (Buyers/Sellers)are involved in any activity that is intended to provide claims or information that is false or not genuine, READ N SELL may also, while reserving its rights to initiate civil and/or criminal proceedings against such Users, at its sole discretion, suspend, block, restrict, cancel the display name of such Users and/or disqualify that Users. Users who have been blocked for any suspicious or fraudulent activity on READ N SELL will not be allowed to use any services rendered through the website.
5.13. READ N SELL reserves its right to initiate civil and/or criminal proceedings against a User who, files invalid and/or false claims or provides false, incomplete, or misleading information.
6. REFUND AND CANCELLATION:
6.1. READ N SELL focuses on customer satisfaction and hence a displeased Customer will have the option for a refund, provided the reasons are genuine and proved after investigation to the satisfaction of JCommerce.
6.2. In case of defective/damaged books or improper packaging, the Buyer shall have the liberty to reject the Books and request a refund from the Seller.
6.3. Cancellation Requests received later than one (1) business day prior to the end of the dispatch period as confirmed by each Seller, will be treated as a cancellation of the order.
6.4. The User (Buyer/Seller) comprehends that upon commencing a Transaction for a Book purchase the Buyer is entering into a legally binding and enforceable contract with the Seller to purchase Booksand /or services from the READ N SELLusing its E-CommercePlatform and Payment Facility, and shall pay the Transaction Price through the Issuing Bank using their Payment Facility.
6.5. The Scope of work of READ N SELL ends once an order confirmation is posted on the portal of the registered vendors offering Books. The Buyer shall have absolute discretion in choosing the Vendor.
6.6. Seller will be liable for a refund to the Buyer and Buyer shall claim the refund amount from JCommerce who shall claim the refunded amount directly from the seller.
6.7. Any transaction price paid by Buyer in case of any cancellation by Seller shall be refunded to the Buyer by the JCommercenot later than 3 (Three) Business days from the date of cancellation of the order and the Vendor shall reimmerseJCOMMERCE not later than 2 (Two) Business days from the date of receipt of refund request from JCOMMERCE.
6.8. The Buyer shall be entitled to claim a refund of the Transaction Price (as sole and exclusive remedy) in case the buyer does not receive the Delivery within the time period agreed in the Transaction.
6.9. Refund shall be equivalent to the Transaction Price received deducting the transaction charges along with any GST during the purchase.
6.10. For electronics payments, the refund shall be made through the payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
6.11. The Buyer acknowledges that READ N SELL will not be liable for any damages, interests or claims, etc. resulting from the use of products of the Seller or for not processing a Transaction/Transaction Price or any delay in processing a Transaction that is beyond the control of READ N SELL.
7. LIMITATION OF LIABILITY
In no event shall either party be liable for any indirect, incidental, special or consequential damages, including without limitation damages for loss of profits, data or use, errors or omissions, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. READ N SELL (JCOMMERCE)’s aggregate and cumulative liability for damages hereunder shall in no event exceed the amount paid by the Buyer, which has lead to the liability.
8. NON-SOLICITATION
For a period of two (2) year period from the date of avaliling the digital marketing services through READ N SALE, Vendor agrees that it will not (through itself, affiliates, principals, or other related parties) solicit for employment, employ, consult with, utilize the services of, or in any other manner induce any employees or consultant of the other party to perform services for such party or any person or entity related thereto. For the purposes of this Terms of Service, the term “employees of a party” shall mean persons employed by a party at any time between the period from the commencement of this Terms of Service through the two (2) year period following the completion of the services.
9. DISPUTE RESOLUTION
Any disputes arising out of or in connection with the Terms of Service shall be first settled through discussion between the heads of the respective organizations. If a settlement is not arrived at, the dispute shall be referred to arbitration and settled under the Rules of Arbitration by one arbitrator, mutually appointed by the parties in accordance with the said rules. The place of arbitration shall be Cochin, Kerala, India. The language to be used in the arbitral proceedings shall be English.
10. INDEPENDENT CONTRACTOR
READ N SELL is and will remain as an independent Service Provider in its relationship with Vendor or User. Nothing in this Terms of Service shall be deemed to have created a partnership, or joint venture or a contract of assocaition between READ N SELL and Vendor.
11. ACKNOWLEDGMENT
This Terms of Use and further documents as necessary, set forth the entire agreement and understanding between the parties relating to the subject matter and supersedes all prior discussions, oral or in writing, between the parties.
READ N SELL welcomes your questions, grievances, or comments regarding these Terms of Serviceby emailing us at support@readnsell.com.
READ N SELL Terms of Service dated 03/08/2021