In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
Upon receiving your complaint, EmarinersApp shall verify the authenticity and the nature of the complaint. If EmarinersApp is convinced that the complaint is genuine, EmarinersApp will inform the relevant party for such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting for a replacement, EmarinersApp reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by EmarinersApp in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and EmarinersApp shall not in any manner be held liable for the same.
Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, EmarinersApp requests you to refuse to accept delivery and inform EmarinersApp at the earliest. The return process of the product may be restricted by EmarinersApp depending on the nature and category of the product.
In order to return any products sold through the EmarinersApp Platform, you are required to comply with the following conditions:
For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
Please notify EmarinersApp of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, EmarinersApp /Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
EmarinersApp will arrange pick-up of the damaged/defective product through its own logistics partner. In the event EmarinersApp is unable to do so, EmarinersApp will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with EmarinersApp;
Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
EmarinersApp offers hassle-free returns to simplify returns for buyers and sellers. If applicable, you also authorize EmarinersApp to place the return shipping costs on your invoice;
It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
The returned products are subject to verification and checks by EmarinersApp in order to determine the legitimacy of the complaint/ return;
In the event the return of a product is duly accepted by EmarinersApp, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and EmarinersApp will credit your refunds directly into your source of payment. Refunds will be subject to the following:
Orders paid online will be refunded instantly through the source of payment;
For Cash on Delivery payments also the amount will be refunded into your source of payment;
A promo code, once used, shall not be refunded in case of cancellation of order either by you or EmarinersApp.
By accepting the Marketplace Terms here and the T&Cs in general, you accept that EmarinersApp may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the EmarinersApp Service/ EmarinersApp Platform or to any such number/e-mail address replaced and informed by you subsequently.
Content: Content on the EmarinersApp Platform displayed tries to offer reliable data, EmarinersApp cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
Limitation of liability and waiver: In no event, EmarinersApp or sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the EmarinersApp Marketplace Services, the EmarinersApp Platform or any reference site/app/platform/service; or (iii) your use or inability to use the EmarinersApp Marketplace Services, the EmarinersApp Platform (including any and all materials) or any reference sites/app/platform/service, even if EmarinersApp or a EmarinersApp authorized representative has been advised of the possibility of such damages. In no event, EmarinersApp or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the EmarinersApp Marketplace Services, the EmarinersApp Platform or any reference site/app/platform/service; or (iii) your use or inability to use the EmarinersApp Marketplace Services, the EmarinersApp Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with EmarinersApp, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the EmarinersApp Marketplace Service or the EmarinersApp Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less.You acknowledge and agree that EmarinersApp has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and EmarinersApp and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and EmarinersApp. EmarinersApp would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, EmarinersApp’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement or the T&Cs and the Marketplace Terms.
Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any EmarinersApp Marketplace Service or the EmarinersApp Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, EmarinersApp may elect to resolve any dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by EmarinersApp in accordance with the Act. The seat of the arbitration shall be Ganjam ,Odisha and the language of this arbitration shall be English and/or Hindi. Either you or EmarinersApp may seek any interim or preliminary relief from a court of competent jurisdiction in Ganjam ,Odisha necessary to protect the rights or the property belonging to you or EmarinersApp (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor EmarinersApp may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and EmarinersApp. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction and dispute resolution: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against EmarinersApp must be resolved by a court having jurisdiction in Ganjam ,Odisha, India. You agree to submit to the personal jurisdiction of the courts located within Ganjam ,Odisha, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.