Refund Policy for Website - Template, Sample Form Pro · IN-law

REFUND AND RETURN POLICY

Last updated date: ________

§ 1. GENERAL

1.1. This website bearing the URL ________ ("Website/Site") is owned and operated by ________, a ________ having its registered/principal place of business at ________ and bearing GSTIN ________ ("We/Our/Us").

1.2. We are committed to providing Our customers with the highest quality Products. However, on rare occasions, Products may be found to be faulty or deficient. In such cases, We offer return and refund facilities in accordance with this Refund and Return Policy ("Policy") and in compliance with the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Consumer Protection (Direct Selling) Rules, 2021, as applicable.

1.3. You are advised to read Our Terms and Conditions and Privacy Policy along with this Policy.

1.4. By using this Website, You agree to be bound by the terms contained in this Policy without modification. If You do not agree to the terms contained in this Policy, You are advised not to transact on this Website.

1.5. We offer a ________ days return and refund window for the eligible Products from the date of delivery.

1.6. Please read this Policy before making a purchase on this Website, so that You understand Your rights as well as what You can expect from Us if You are not satisfied with Your purchase.

1.7. Nothing in this Policy shall be construed to limit or exclude any statutory rights available to You as a "consumer" under the Consumer Protection Act, 2019 and the rules framed thereunder, which rights shall prevail to the extent of any inconsistency.

§ 2. DEFINITIONS

2.1. "Business Days" means a day that is not a Saturday, Sunday, public holiday, or bank holiday in India or in the State where Our office is located.

2.2. "Consumer" means a person who buys any goods or avails any services for consideration, as defined under Section 2(7) of the Consumer Protection Act, 2019, but does not include a person who obtains such goods or services for resale or for any commercial purpose.

2.3. "Date of Transaction" means the date of purchase of any product or service, which includes the date of any renewal processed in accordance with the terms and conditions of the applicable product or service agreement.

2.4. "Digital Products" means any goods or services delivered in electronic or intangible form, including downloadable software, digital content, and subscriptions.

2.5. "Website" means this website bearing the URL: ________.

§ 3. REFUND RULES

3.1. Every effort is made to service the orders placed, as per the specifications and timelines mentioned with respect to Products. If, due to any unforeseen circumstances or limitations from Our side, the order is not shipped or delivered, then such order stands cancelled, and the amount paid by You shall be refunded.

3.2. You may cancel the order after the Date of Transaction and prior to the dispatch of the product. The order cannot be cancelled once dispatch has been initiated.

3.3. We will not process a return where You have placed the order for the wrong product model, colour, or service, save as otherwise required by applicable law.

3.4. When You make a qualifying return, We will refund the full amount, less the original shipping and handling charges where permissible.

3.5. A return or refund shall only be considered once the Consumer concerned produces the relevant documents and proof of purchase.

3.6. Return and refund shall be subject to testing and verification of the alleged fault by an authorised person on behalf of Us. The testing and verification will be completed within 7 (seven) Business Days after receipt of the product.

3.7. If, following the testing process, the product is found to be in good working order without defects, We will return the product to You, and the carriage costs of such return shall be Your responsibility.

3.8. The product will be eligible for replacement only if the same product/model is available in stock. In case the same product/model is out of stock, a refund shall be provided.

3.9. Once qualified, the refund shall be applied to the original payment instrument or method.

3.10. Please be informed that products purchased using the Cash on Delivery option will be refunded to the bank account with the details provided by You to Us.

3.11. Consumers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. If the details of the product manufacturer are not available, We will assist You with such details to directly connect with the manufacturer to resolve Your issues.

3.12. Please note that Digital Products are non-returnable unless such Digital Product is materially non-compliant with its specifications or the physical media on which it is supplied is defective.

§ 4. PRODUCTS DAMAGED DURING TRANSIT

4.1. Replacement can be made if the Consumer establishes that the product was delivered in defective condition or has physical damage, within 24 (twenty-four) hours of receipt of the product.

4.2. We will arrange to repair the damaged product, collect it and replace it with an equivalent product, or provide a refund, provided that You contact Us within 24 (twenty-four) hours of receipt of the product.

4.3. Any damaged product must be returned in the condition it was in when You received it, together with any packaging and other items that You received with the damaged product.

§ 5. ORDER NOT CONFIRMED BUT AMOUNT DEDUCTED

5.1. If the amount has been deducted and the order is not confirmed, please contact Your respective bank. It generally takes 7 (seven) Business Days for the respective bank to reverse the amount.

5.2. If the issue has not been resolved within 7 (seven) Business Days, You may contact Our customer care support as follows: ________.

§ 6. EXEMPTIONS

6.1. Notwithstanding the other provisions of this Policy, We may refuse to provide repair, replacement, or refund for a product or service You purchased if:

6.1.1. the products purchased are sale items or promotional items (discounts, giveaways, etc.);

6.1.2. the products have been used beyond reasonable examination or testing;

6.1.3. the products are not in the same condition as when they were delivered;

6.1.4. You have misused the product in a way that caused the problem;

6.1.5. You knew or were made aware of the problem(s) with the product or service before You purchased it;

6.1.6. the items are gifts or free services;

6.1.7. the product is broken, tampered with, or damaged due to Your act or omission;

6.1.8. the product is returned after the return window is closed or the refund period expires; or

6.1.9. any other exception applies under the Consumer Protection Act, 2019 and the rules made thereunder.

6.2. Apart from the aforementioned goods and services, the following goods and services are not eligible for a refund:

________

§ 7. RULES OF RETURNING THE PRODUCT

7.1. The request for cancellation of the products may be made in the following manner:

________

7.2. You are eligible to return the product only if You return the products in the same condition in which You received them.

7.3. Pack the product properly and label it with the order number, return address, and Your address.

7.4. The product shall be returned in its original packaging.

7.5. We do not accept liability for packages damaged during the return transit. It is the Consumer's responsibility to pack the product properly to prevent any damage during transit.

7.6. Upon receiving Your return request, We shall verify the request and, if found genuine, We will arrange a pick-up of the product through an assigned logistics service provider.

7.7. The order returned must accompany all accessories (including freebies) which were serviced along with the order, failing which the cost of the accessories shall be recovered from the refund amount.

7.8. On receipt of the returned product, We will test it to identify the fault You have notified to Us.

7.9. A copy of the receipt or invoice shall be attached along with the returned product.

7.10. You will receive an email or SMS notification at Your email address or mobile number provided to Us.

§ 8. SHIPPING COST

8.1. We provide all support to return the product. However, any cost incurred on the packaging or returning of the product shall be borne by the Consumer, save where the return arises from a defect attributable to Us or as otherwise required by law.

8.2. If the Consumer is sending back the product, the risk of loss lies with the Consumer until receipt by Us. Proof of postage is not proof of delivery, and You are therefore strongly advised to send Your package by recorded delivery, registered post, or courier.

§ 9. PRODUCTS CONTAINING YOUR DATA

9.1. In some cases, Your data may be stored in the device You are returning to Us. You are advised to take a backup and remove all Your data before returning the product. We are not responsible for any loss or misuse of Your data once the product is in transit or has left Your possession.

9.2. The processing of any personal data supplied to Us during the return and refund procedure is governed by Our Privacy Policy and by the Digital Personal Data Protection Act, 2023.

§ 10. RESPONSE TIME

10.1. Refunds are normally processed within 7 (seven) Business Days after the completion of quality checks of the returned product.

10.2. Refunds are normally processed within 7 (seven) Business Days after verifying the veracity of the refund request.

10.3. The period of refund may also depend on various banking and payment channels, and We will not be liable for any errors or delays in a refund attributable to banks or third-party service providers.

§ 11. CANCELLATION OF RETURN REQUEST

11.1. A request for return or refund once made may be cancelled by contacting customer care at ________.

§ 12. NO MODIFICATION OR WAIVER

12.1. No modification, amendment, or waiver of any provision of this Policy shall be effective unless made by Us in writing. Our failure to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.

§ 13. LIMITATION OF LIABILITY

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13.2. Nothing in this Policy shall exclude or limit Our liability for fraud, gross negligence, wilful misconduct, or any liability which cannot be excluded or limited under applicable law.

§ 14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. This Policy shall be governed by and construed in accordance with the laws of India.

14.2. Subject to clause 14.4, the courts at ________ shall have exclusive jurisdiction to entertain any dispute arising out of or in connection with this Policy.

14.3. In the event of any dispute or difference arising between the parties in connection with this Policy, the parties shall first endeavour to resolve the same amicably through mutual discussions.

14.4. If the dispute is not resolved amicably within a reasonable period, the same shall be referred to and finally resolved by arbitration by a sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any statutory modifications or re-enactments thereof.

14.5. The seat and venue of arbitration shall be ________, and the arbitration proceedings shall be conducted in the English language.

14.6. Nothing in this clause shall prejudice Your right as a consumer to approach the appropriate Consumer Disputes Redressal Commission or other forum constituted under the Consumer Protection Act, 2019.

§ 15. GRIEVANCE REDRESSAL

15.1. In compliance with the Consumer Protection (E-Commerce) Rules, 2020, the details of Our Grievance Officer are as follows:

Name: ________

Designation: ________

Email: ________

Telephone: ________

15.2. The Grievance Officer shall acknowledge the receipt of any consumer complaint within 48 (forty-eight) hours and shall redress the complaint within 1 (one) month from the date of receipt, in accordance with applicable law.

§ 16. CHANGES TO THIS POLICY

16.1. Please note that We may from time to time change the terms of this Policy, and every time You wish to use this Website, please check the Policy to ensure You understand the terms and conditions that apply at that time.

16.2. If You do not wish to accept the revised Policy, You should not continue to use the Services. If You continue to use the Services after the date on which the changes come into effect, Your use of the Services indicates Your agreement to be bound by the revised Policy.

§ 17. FORCE MAJEURE

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§ 18. CONTACT US

18.1. For any feedback, concern, or query, You may please reach out to Us on the contact details below.

Customer Care: ________