(a) Use of this website/platform binds user with its terms & conditions.
(b) About us:
(c) We are just intermediary between Buyers & Sellers-
Ohmerishop is providing choice to sellers that if they (The Sellers) want to deliver their products to the users then they will deliver & if the sellers has switched off delivery button then they will not deliver their products at that day/those days. Ohmerishop is giving their services only in Delhi. Only the sellers will be responsible for all delivery services & completing Tasks initiated by the users of the platform. Ohmerishop is merely acting as an intermediary between sellers & users and/or Buyers/Traders.
For the pickup & delivery services & completing the Tasks The retailer/sellers may charge the users of the platform, a service tax ( Inclusive of applicable taxes whenever not expressly mentioned) determined on various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic & weather conditions, seasonal peaks as such other parameters as may be determined from time to time.
- Commercial contract between buyers & sellers-
(a) All commercial/contractual terms are offered by & agreed to between buyers & traders/sellers alone with respect to products & services being offered by the Traders/Sellers. The commercial/contractual terms include without limitation, price, applicable taxes, shipping costs, payment terms, date, period & mode of delivery, warranties related to products & services Ohmerishop does not have any contract 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 & Traders/Sellers. The price of the product & services offered by the Traders/Sellers itself & Ohmerishop has no role to play in such determination of price in any way whatsoever.
(b) Upon acceptance of any order or Task by the Traders/Sellers, the delivery services or Task completion services (as the use may be) undertaken by him/her, shall constitute a separate contract for services between Traders/Sellers & users. Ohmerishop shall not be responsible for the services provided by the Traders/Sellers through the Platform. Ohmerishop will give the option to the sellers to accept the payment in terms of credit cards, Debit Cards, Online payments etc.
(c) Ohmerishop neither make any representation or warranty as to specific (such as quality, value, suitability etc) of the products or services promised to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Ohmerishop accepts no liability for any errors or omission whether on behalf of itself or third parties.
(d) Ohmerishop does not make any representation, warranty with respect to any aspect of the services being provided by the Traders/Sellers/Retailers. Ohmerishop can not & does not guarantee that the concerned Buyers & Traders/Sellers will perform any transaction concluded on the Platform. Ohmerishop is not responsible for unsatisfactory or non performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
(e) Ohmerishop is operating on online market place & assumes the role of facilitator & does not at any point of time during any transaction between Buyer & the Traders/Sellers/Retailers on the platform come into or take possession of any of the products or services offered by the Traders/Sellers. At no time shall Ohmerishop hold any right, title or interest over the products nor shall Ohmerishop have any obligations or liabilities in respect of such contract entered into between Buyer & Traders/Seller.
You agree, undertake & confirm that your use of Platform shall be strictly governs by the following binding principles.
(a) You shall not host, display, upload or share any information which;
(b) You shall not make any negative, denigrating or defamatory statement(s) or comment (s) about us or the brand name or domain name, used by us including the name “Ohmerishop” or otherwise engage in any conduct or action that might tarnish the image or reputation, of “ Ohmerishop” or Merchant or Platform or otherwise tarnish or dilute any Ohmerishop’s trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take nay action that impugns as unreasonable or disproportionately large load on the infrastructure of the Platform or Ohmerishop’s systems or networks connected to Ohmerishop;
(c) you shall not attempt to give unauthorized access to any portion or feature of the Platform, of any systems or networks connected to the Platform. You may not reverse look up, trace any information on any other user of or visitor to Platform, or any other Buyer including any account on the Platform or any service, or explicit the Platform, in any way where the purpose is to reveal any information including but not limited to personal client fixation or information, other then your own information, as provided for by the Platform;
(d) you shall not use any “ depinlink”, “ pageserape”, “ rebat”, “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 Platform , we reserve us right to prohibit any such activity;
(e) you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other’s person use of the Platform;
(f) you may not forge headers or otherwise manipulate identifiers in order to disguise the origin of my any message or transmitted you send to us on or through Platform or any service offered on or through the Platform. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity;
(g) you shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of the Information Technology Act, 2000 & the rules thereunder, (b) all applicable domestic laws, rules & regulations ( including the provisions of any applicable exchange laws, statues, ordinances & regulations ( including but not limited to sales tax/VAT, income tax, Octroi, service tax, central excise, custom duty, local levies) regarding your use of our service & your listing, purchase, solicitation of offers to purchase & 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 central laws or regulations, for the time being in force;
(i) you shall not engage in advertising their solicitation of , other users of the Platform its by or sell any products or services including but not limited to products or services related to that being displayed on the Platform or related to us . You may not transmit any chain letters or unsolicited commercial or junk email to other others users via the Platform;
(m) Your correspondence or business dealings with or participation in promotion of , advertisers found on or through the Platform including payment & delivery of related products or services, & any other terms, conditions, warranties or representations associated with such dealings , are solely between you & 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 Platform;
(n) It is possible that other users(including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform & that you may be involuntarily exposed to such offensive & obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform , & that the recipient may use such information to harass or injure you . We do not approve of such unauthorized uses, but by using the Platform you acknowledge & agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform;
(o) Ohmerishop shall have all the rights to take necessary actions & claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally in Dos/DDes ( Distributed Denial of Services), lacking, pen testing attempts without our prior consent or a mutual legal agreement.
(a) You may access the Platform by registering to create an account ( “ Ohmerishop Account”) & become a member. You can choose any membership plan from the Membership Plan list. The Membership is limited for the purpose & are subject to the terms & strictly not transferable.
(b) We will create you Ohmerishop Account for your use of the Platform services based upon the personal information you provide to us. You can only have one Ohmerishop Account for one shop of yours & are not permitted to create multiple accounts. Ohmerishop reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
(c) You agree to provide accurate, current & complete information during the registration process & update such information to keep it accurate, current & complete.
(e) You are responsible for safeguarding your User ID, Password or any other personal information . You agree that you will not disclose your password( or any secret information which may harm you in any way) to any third party & that you will take sole responsibilities for any activities or actions under your Ohmerishop Account, whether or not you have authorized such activities or actions. You will immediately notify us any unauthorized use of your Ohmerishop Account.
(f) Goods & Services purchased from the Platform are intended for your personal use & you represent that the same are not for resale or you are not acting as an agent for other parties.
(a) The Platform allows the Buyers to place orders & upon acceptance of such orders by the Traders, Ohmerishop would, subject to the terms & conditions set out herein , not facilitates delivery of goods or services. Delivery will be done by the Traders/Sellers only. It is the Merchant’s responsibility to complete the task or order . Ohmerishop has given the Sellers a facility to deliver the orders themselves. The retailers/sellers will specify to their particular page that they are doing delivery that day or not. If they are doing delivery that day & the users/customers placed their orders than its completely will be the retailer’s responsibility to deliver the product/order according to his own delivery policy. Ohmerishop is not responsible for any delay, payment, liability or anything related to delivery.
(c) However upon Buyer’s successful completion of booking order, Traders/Sellers/ Retailers may call the Buyer on the telephone or mobile number provided to confirm the detail of such order, price to be paid & the estimated delivery time for this purpose, Buyers will be required to share certain information with us, including but not limited to Buyer’s (i) first & last name (ii) mobile number; & (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
(d) To addition foregoing the Merchant/Seller/Retailer may also contact you by phone & /email to inform & confirm any change in the order, due to availability or unavailability or change in order or change in price of any item in the order as informed by the Merchant/Seller/Retailers. Please note that any change or confirmation of the order shall be treated as final. It is clarified that Ohmerishop reserves the right to not to process Buyer’s order in the event Buyer or Merchant/Seller/Retailer is unavailable on the phone or any other means of communication at the time when we call you for confirming the order & such event the provision of Cancellation & Refund Policy shall be applicable.
(e) All the payments made against the orders or services on the Platform or Services on the Platform by you shall be compulsory in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the orders or services made on Platform. You can pay by (i) Credit Card or debit card on net banking (ii) any other RBI approved payment method at time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept & agree that the payment facility provided by Ohmerishop is neither a banking nor financial service but is merely a facilitator providing an electronic, automatic online electronic payment, receiving payment on delivery, collection & remittance facility for the transaction on the Platform using the existing authorized banking infrastructure & credit card payment gateway networks. Further, by providing payment facility, Ohmerishop is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
(f) Buyers acknowledge & agree that Ohmerishop acts as the Traders payment agent for the online payment only. Ohmerishop does not play any role in cash payment received by Traders/Sellers/Retailers on any order. Please note that we can not control any amount that may be charge to Buyer by his/her bank related to our collection of total amount, & we disclaim all liability in this regard.
(g) Disclaimer ; Prices on any product (s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected & in such an event Merchant may cancel Buyer’s order(s).
(a) Ohmerishop clearly mentions here that any cancellation of any product from any Merchant/Seller/Retailer will be the sole responsibility of the Merchant/Seller/Retailer from where the Buyer placed its order. Ohmerishop is just a mediator to connect the Customer/Buyer to their Retailer/Seller/Merchant. The terms & conditions of the Retailer will work in Cancellation & Refund Process. So the Buyers are suggested to get the information from the Merchant/Seller/Retailer about the Cancellation & Refund Policy. The details of the Product & price list available on the Platform are based on the information provided by Seller/Retailer & Ohmerishop shall not be responsible for any change or cancellation or unavailability.
(b) Buyers & Retailers agree & acknowledge that Ohmerishop is not responsible for any liability arising out of deliver services provided to them.
(c) Buyers/Customers understands that delivery time quoted at the time of confirming the order is an approximate estimate & may vary based on the information obtained form Retailer/Sellers. Ohmerishop will not be responsible for any delay in the delivery of an order.
(d) Buyers/Customers shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct & accurate credit/debit cared details to the approved payment gateways for availing the services. Buyer shall not use the credit/debit card which is not lawfully owned by Buyer, ie in any transaction, Buyer must use his/her own credit/debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulations or court order. Buyer shall be solely responsible for the security & confidentiality of his/her credit/debit card details . We expressly disclaim all liabilities that may arise as a consequence of unauthorized use of your credit/debit card.
(e) If any refund will be agreed by the Merchant/Retailer/Seller to the customer/user after all the terms & conditions then it will be the Merchant’s/ Retailer’s/Seller’s solely responsibility to refund the amount to their customer. Ohmerishop does not take any commission from Traders/Retailer/Seller , so it is not the responsibility of Ohmerishop to refund any amount to Buyers/Customers.
Ohmerishop will take the amount of your online orders into Ohmerishop’s official bank account. As there is no provision to give separate payment gateways to separate shopkeepers/vendors/merchants, so it becomes necessary to take all the online payments in Ohmerishop’s official bank account.
Ohmerishop is informing/announcing here to the shopkeepers/vendors/merchants that the payment gateway provider will charge for their payment gateway services & Ohmerishop is not taking any charges from the shopkeepers/vendors/merchants except the membership charges. So the charges of payment gateway providers will be paid by the shopkeepers/vendors/merchants.
Your customers/users will pay in Ohmerishop’s official bank account then Ohmerishop will pay you back as per your orders, after deduction of the payment gateway provider’s charges. By filing the Vendor Detail Form, it will be considered that you agree to pay the payment gateway provider’s charges.
For Example- If your customer is paying online then after deduction of all the charges Ohmerishop will pay the shopkeeper( from where the user/customer has purchased the product) his amount in his given bank account. The amount of shopkeeper’s orders will be transferred to their shop’s official bank account which they have given the details of that bank account in Vendor Details Form.
Ohmerishop is introducing a different concept for the welfare of the local shopkeepers. That is why Ohmerishop is not charging anything except the membership charges. So as a result the shopkeeper has to pay their payment online in Ohmerishop’s official bank account, so that Ohmerishop can give you the option to take the payment of your customers online also.
Please read the Vendor Detail Form carefully because we have mentioned this in the Vendor Details Form also. If a shopkeeper fills the Vendor Detail Form & agrees all the terms & conditions then it will be considered that the shopkeeper/vendor/merchant agrees to pay all the service charges like payment gateway provider’s charges, Bank charges etc.
Vendors are advised & requested to handle their cancellation, refunds & returns very carefully. Please refund your customer’s payment on time which you have mentioned on your shop’s page. It will maintain your shop’s as well as Ohmerishop’s image, goodwill & quality also.
Please deliver your product on time which you have mentioned on your shop’s page.
Please get in touch with your customer to give them the satisfaction of their online ordered product.
By using the services, you agree that any legal remedy or liability that you seek to obtain, your actions or omissions of other members or other third parties will be limited to claim against the particular members or other third parties who caused you harm & you agree not to attempt or impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
(a) Who can use our Platform ?
Persons who are “ incompetent to contract’ within the meaning of the Indian Contract Act, 1870 including minors, undercharged, insolvents etc are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform & avail Services.
(b) Place of our services:
As we are providing services in Delhi, in India, we have complied with applicable laws of India in making the Platform & its content available to you. In the event the Platform is accessed from outside India or outside Delhi, it shall be entirely at your own risk . We make no representation that the Platform & its content are available or otherwise suitable for use outside Delhi. If you choose to use the Platform from or in locations outside Delhi, you do so on your own & shall be responsible for the consequences & ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules & guidelines.
(c) Use of Computer or mobile devise:
(d) Use of Internet & Telecommunication link:
You understand & agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand & acknowledge that the use of Platform requires internet connectivity & telecommunications link. You shall bear the costs incurred to access & use the Platform & avail the services, & we shall not , under any circumstances whatsoever, be responsible or liable for such costs.
(e) Promotional SMS & email by us:
You agree & grant permission to Ohmerishop to secure promotional SMS & emails from Ohmerishop or allied partners.
(f) Assurances & warranties by user:
By using the Platform you represent & warrant that;
(a) We endeavor to make the services available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components of that such defects will be corrected.
(b) We do not warrant that the Platform will be compatible with all hardware & software which you may use. We shall not be liable for damage to , or viruses or other code that may affect, any equipment ( including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using the Platform. We shall also not be liable for the actions of third parties.
(c) We do not represent or warranty that the information available on the Platform will be correct, accurate, or otherwise reliable.
(d) We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice, we may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
(a) We are either the owner of intellectual property right or have the non-exclusive, worldwide, perpetual , irreversible, royalty free, sub-licensable (through multiple tiers) right to exercise intellectual property, in the Platform & in the material published on it including but not limited to user interface, layout format, order placing process flow & any content thereof.
(b) You recognize that Ohmerishop is the registered owner of the word mark” Ohmerishop” & the layer including but not limited to its variants & shall not directly or indirect, attack or assist another in attacking the validity of , or Ohmerishop’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or layers derived from or confusingly similar to the licensed mark’s & variation thereof in another language, in respect of any products/services & in any territory throughout the world. If you become aware or acquire knowledge of any infringement you shall report the same at our email id with all relevant information
(c ) You may part off one copy, & may download extracts, of any page(s) from the Platform for your personal reference & you may draw the attention of this within your organization to material available on the Platform.
(d) You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, & you must not use any illustration, photographs, video or audio sequences or any graphics separately from any accompanying text.
(e) You must not use any pact of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
You shall not assign or transfer or purport to assign or transfer the contract between you & us to any other person.
Ohmerishop has put in place IP Notice & ( “Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing product are removed from the site, as they erode Buyer & good seller trust.
Only the intellectual property rights owner can report potentially infringing products or listing through Take Down Policy by way of Notice of Infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner & encouraging them to contact us .
Note: Ohmerishop does not & cannot verify that Retailer/Seller have the right or ability to sell or distribute their listed products or services. However Ohmerishop is committed to ensure that item listings do not infringing upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Ohmerishop.
In addition to other limitation & exclusions in Ohmerishop’s conditions of use & sale , in no event will we or our Directors, Officers, Employees, Agents or other representatives be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, arising out of or related to Ohmerishop. Our total liability, whether in contract or otherwise, will not exceed the lost membership fee you paid. These exclusive & limitations of liability will apply to the fullest extent permitted by law & will survive correlation or termination of your Ohmerishop Membership.
Reporting instances of Intellectual Property Violations, To file a notice of infringement with Ohemrishop, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages( including costs & lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly if you are not sure if you are the proprietor of the intellectual property right(s) we suggest you first contact a lawyer.
To expedite our ability to process your request, please use the following format
Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to eh concerned material infringing your intellectual property right(s) ( URL of a website or URL to a post ,with title, date, name of the emitter &, or link to initial post with sufficient data to find it.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity & that is to be removed or access to which is to be disabled, & information reasonably sufficient to permit Ohmerishop to locate the material ;
Information reasonably sufficient to permit Ohmerishop to contact the complaining party, such as address, telephone number,& if available , an email address at which the complaining party may be contacted.
The following mandatory statement “ I have a good faith belief that use of the material in the manner companied of is not authorized by the intellectual property right(s) owner, its agents, or the law”,
The following mandatory statement “ I swear under penalty of perjury, that the information in the notification is accurate & that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed;
sign the document with either your physical or electronic signature; & send the written communication to Email to firstname.lastname@example.org
Format of Notice of Infringement
Ohmerishop India Private Limited,
C-4/16, Gali No.-3, Sadatpur Extension,
Karawal Nagar, Delhi-110094
Karawal Nagar, Delhi-110094
I, ………………………………… of ………………………………… do solemnly & sincerely declare as follows:
1) I am the owner of certain intellectual property rights, intellectual property rights, said owner being named …………………………………(“If Owner”)
2) I have a good faith belief that use of the material in the complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material claimed to be infringing.
3) I may be contacted at
Designation/Title & Company …………………………………
Postal Address( with Pin Code) …………………………………
Email Address …………………………………
I swear under penalty of perjury , that the information in the notification is accurate ,& that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed & I make this declaration conscientiously believing it to be true & correct.
Declared by …………………………………