TERMS AND CONDITIONS

 

1. INTRODUCTION

1.1 These Terms and Conditions govern:

  1. access to and use of the CrushKart website available at www.crushkart.com;
  2. browsing, registration, account creation and other interactions with the Website;
  3. the display, selection, ordering, purchase, payment, supply and delivery of products offered by CrushKart;
  4. communications between CrushKart and its customers; and
  5. all other services, features, content and facilities made available through the Website.

1.2 The Website is operated under the brand name CrushKart. For the purposes of these Terms and Conditions, the expressions “CrushKart,” “we,” “us” and “our” refer to the business operating the Website and supplying the Products displayed on it.

1.3 The principal place of business and correspondence address of CrushKart is:

J4/34, Khirki Extension, Malviya Nagar, New Delhi – 110017

1.4 These Terms and Conditions constitute a legally binding agreement between CrushKart and every person who accesses, browses or uses the Website or purchases or attempts to purchase a Product through it.

1.5 Please read these Terms and Conditions carefully before using the Website or placing an Order. By accessing the Website, creating an Account, adding a Product to the cart, clicking “Buy Now,” placing an Order, making a payment or otherwise using the Website, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions.

1.6 Where the Website requires you to select a checkbox, click an acceptance button or complete another affirmative action before placing an Order, that action will constitute your express electronic acceptance of these Terms and Conditions.

1.7 If you do not agree with these Terms and Conditions, you must not place an Order or continue using any part of the Website that requires acceptance of these Terms.

1.8 Nothing contained in these Terms and Conditions is intended to waive, restrict or exclude any right or remedy that cannot lawfully be waived, restricted or excluded under applicable consumer-protection law.

2. DOCUMENTS FORMING PART OF THE AGREEMENT

2.1 These Terms and Conditions must be read together with the following documents, each of which forms part of the agreement between CrushKart and the Customer:

  1. the Shipping, Cancellation, Return and Refund Policy;
  2. the Privacy Policy;
  3. the Contact Us and Grievance Redressal Policy;
  4. the description, specifications, price, variant and other information displayed on the relevant Product page;
  5. any terms displayed during checkout;
  6. any terms applicable to a discount, promotional code, giveaway, free gift, bundle or campaign;
  7. any written customisation or bulk-order terms accepted by the Customer; and
  8. any other policy or notice expressly incorporated into these Terms and Conditions.

2.2 The Customer is responsible for reviewing all applicable information before confirming an Order.

2.3 In the event of an inconsistency between these documents, the following order of priority will ordinarily apply:

  1. mandatory applicable law;
  2. written terms specifically agreed for a customised or bulk Order;
  3. Product-specific terms displayed on the relevant Product page;
  4. offer-specific or campaign-specific terms;
  5. the Shipping, Cancellation, Return and Refund Policy;
  6. these Terms and Conditions; and
  7. general promotional or informational content appearing elsewhere on the Website.

2.4 A more specific term will prevail over a general term only in relation to the matter it specifically addresses.

2.5 No Product-specific, offer-specific or other term will be interpreted as excluding a statutory consumer right unless such exclusion is expressly permitted by applicable law.

3. DEFINITIONS

For the purposes of these Terms and Conditions:

3.1 “Account” means a customer profile registered on the Website.

3.2 “Applicable Law” means any law, statute, rule, regulation, notification, direction, order or legally binding requirement applicable to CrushKart, the Website, the Products or the Customer.

3.3 “Business Day” means a day on which commercial businesses are ordinarily open in New Delhi, excluding Sundays and public holidays, unless otherwise stated.

3.4 “Customer,” “you” or “your” means any person who accesses the Website, creates an Account, contacts CrushKart, places an Order or purchases a Product.

3.5 “Customised Product” means a Product that is personalised, printed, engraved, assembled, modified, packed, sourced or produced according to information, instructions or specifications submitted or approved by the Customer.

3.6 “Delivery Address” means the address submitted or confirmed by the Customer for delivery of an Order.

3.7 “Force Majeure Event” means an event beyond the reasonable control of the affected party, as described in these Terms and Conditions.

3.8 “Order” means a request submitted by a Customer to purchase one or more Products from CrushKart.

3.9 “Order Confirmation” means an electronic or written communication acknowledging or confirming an Order.

3.10 “Product” means any item displayed, offered, supplied or sold by CrushKart, including stationery, art products, accessories, bags, pouches, bottles, tumblers, drinkware, anime merchandise, collectibles, figures, gifts, return gifts, photo frames, everyday-use products and other items introduced on the Website.

3.11 “Product Page” means the webpage on which a particular Product is displayed and described.

3.12 “Website” means www.crushkart.com and any webpage, checkout interface or digital facility operated by or on behalf of CrushKart.

3.13 References to “including” or “includes” mean “including without limitation.”

3.14 Words used in the singular include the plural where the context requires, and words used in the plural include the singular.

4. NATURE OF CRUSHKART’S BUSINESS

4.1 CrushKart operates as an online retail business that curates, displays and supplies Products to Customers.

4.2 Unless the Website expressly identifies an independent seller for a Product, the Customer’s purchase contract will be with CrushKart.

4.3 CrushKart may source Products from manufacturers, importers, distributors, wholesalers, authorised suppliers, independent creators or other lawful sources.

4.4 Certain Products may be manufactured, imported, distributed or packaged by third parties. The identity of the manufacturer, importer, packer, marketer or other responsible person will be displayed where required by Applicable Law or available on the Product or its packaging.

4.5 CrushKart may change, expand, reduce or discontinue its Product categories from time to time. The availability of a Product on one occasion does not guarantee its future availability.

4.6 Nothing on the Website should be interpreted as an undertaking that every Product will remain permanently stocked, that every colour or design will remain available, or that a discontinued Product will be restocked.

5. ELIGIBILITY TO USE THE WEBSITE

5.1 You must be legally competent to enter into a binding contract to independently place an Order through the Website.

5.2 A person below 18 years of age may browse or use the Website only under the supervision of a parent or lawful guardian.

5.3 An Order placed by or on behalf of a minor will be treated as having been placed with the consent and supervision of the minor’s parent or lawful guardian.

5.4 By using the Website or placing an Order, you represent that:

  1. you are legally permitted to enter into the transaction;
  2. the information submitted by you is accurate and complete;
  3. you are authorised to use the selected payment method;
  4. the Order is being placed for a lawful purpose;
  5. you are not impersonating another person or entity; and
  6. you are not using the Website in violation of Applicable Law.

5.5 CrushKart may refuse an Order or restrict Website access where it reasonably believes that the eligibility requirements have not been satisfied.

6. ACCESS TO AND USE OF THE WEBSITE

6.1 CrushKart grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Website for lawful personal shopping and related purposes.

6.2 This right does not transfer ownership of the Website, its content, software, data, design or intellectual property to you.

6.3 You must not:

  1. use the Website for an unlawful, fraudulent or deceptive purpose;
  2. interfere with the Website’s functionality, security or availability;
  3. gain or attempt to gain unauthorised access to any Account, server, system or database;
  4. introduce malware, viruses, harmful code or automated scripts;
  5. scrape, crawl, index, harvest or systematically extract Website data without written permission;
  6. use bots or automated methods to purchase limited-stock Products, claim promotional benefits or interfere with genuine customer access;
  7. copy or commercially exploit Product photographs, descriptions or other Website content;
  8. submit false Orders or false customer-support claims;
  9. use another person’s identity, contact information or payment details without authority;
  10. manipulate prices, offers, Product reviews, referral benefits or checkout functionality;
  11. place Orders for the purpose of testing stolen or unauthorised payment credentials;
  12. use the Website to infringe another person’s rights; or
  13. engage in conduct that places an unreasonable burden on the Website or CrushKart’s operations.

6.4 CrushKart may implement technical and organisational measures to detect or prevent fraud, misuse, automated access and security threats.

6.5 Website access may be temporarily interrupted for maintenance, upgrades, security measures, technical failures or other operational reasons.

6.6 A temporary Website interruption will not affect a Customer’s rights relating to an Order that has already been accepted or paid for.

7. CUSTOMER ACCOUNTS

7.1 The Website may allow a Customer to create an Account or complete a purchase as a guest.

7.2 When creating or using an Account, you must provide information that is accurate, current and complete.

7.3 You are responsible for:

  1. protecting your login credentials;
  2. maintaining the confidentiality of your Account;
  3. restricting unauthorised access to your device;
  4. reviewing information stored in your Account;
  5. keeping your email address, phone number and Delivery Address updated; and
  6. promptly reporting suspected unauthorised Account activity.

7.4 You must not create an Account:

  1. using false information;
  2. in another person’s name without authority;
  3. using contact details you do not control; or
  4. for the purpose of repeatedly claiming a first-order, referral or account-specific benefit.

7.5 Activity completed through your Account may be treated as authorised by you unless you have notified CrushKart of suspected unauthorised access and CrushKart has had a reasonable opportunity to respond.

7.6 CrushKart may request verification where it reasonably suspects Account misuse, unauthorised access, fraud or identity misrepresentation.

7.7 CrushKart may suspend or terminate an Account where:

  1. false information has been submitted;
  2. the Account is being used fraudulently;
  3. promotional benefits are being abused;
  4. repeated false claims or fraudulent payment disputes are raised;
  5. the Account is connected with unlawful activity;
  6. these Terms and Conditions are materially violated; or
  7. suspension is reasonably necessary to protect Customers, CrushKart or a third party.

7.8 Suspension or closure of an Account will not remove obligations arising from an Order validly placed before the suspension or closure.

8. PRODUCT LISTINGS AND CONTRACTUAL PRODUCT INFORMATION

8.1 CrushKart will make reasonable efforts to ensure that each Product Page contains information sufficient to help the Customer make an informed purchase decision.

8.2 Product information may include, where relevant:

  1. the Product name;
  2. price;
  3. sale price or discount;
  4. quantity or number of units;
  5. available colours, characters, designs or variants;
  6. approximate dimensions, weight or capacity;
  7. material or composition;
  8. principal features;
  9. items included in the package;
  10. intended use;
  11. care instructions;
  12. safety or age-related information;
  13. availability;
  14. warranty information, if any;
  15. country-of-origin or importer information where required; and
  16. other mandatory declarations.

8.3 The Customer must read the complete Product Page and not rely only on the Product title, thumbnail, advertisement, collection banner, social-media image or first photograph.

8.4 Unless the Product Page expressly states otherwise:

  1. decorative items, background props, display stands and styling accessories shown in photographs are not included;
  2. only the quantity stated in the Product title, description or selected variant is included;
  3. a photograph showing several colours or designs does not mean that all displayed colours or designs are included;
  4. “Pack of 1” means one unit, even if more than one Product is shown for visual reference;
  5. “Set” means only the number of pieces expressly stated;
  6. batteries, charging cables, adapters, replacement parts and accessories are included only when expressly stated; and
  7. gift wrapping, greeting cards or special packaging are included only when selected or expressly mentioned.

8.5 Where the title, description, selected variant, quantity field and image appear inconsistent, the Customer should contact CrushKart before placing the Order.

8.6 CrushKart may contact the Customer to clarify an obvious Product-listing inconsistency before processing the Order.

8.7 CrushKart will not knowingly use an ambiguous listing to supply a materially different Product from the one reasonably represented to the Customer.

9. PRODUCT IMAGES AND VISUAL REPRESENTATION

9.1 Product images are intended to provide a reasonable visual representation of the Product.

9.2 The physical Product may appear slightly different from the image because of:

  1. lighting used during photography;
  2. camera angle;
  3. image editing or compression;
  4. screen brightness and display settings;
  5. differences between devices;
  6. production-batch variations;
  7. material texture; or
  8. minor changes to packaging.

9.3 Enlarged or close-up photographs may make a Product appear larger than its actual size. The Customer should review the stated measurements before purchasing miniature Products, figures, charms, keychains, accessories and other small items.

9.4 A Product image may show the Product in use or in a styled environment for illustrative purposes. The scale of surrounding objects should not be treated as a substitute for the stated dimensions.

9.5 Minor visual differences will not by themselves make a Product defective where the Product remains materially consistent with its description, selected variant, essential characteristics and intended use.

9.6 This section does not apply where:

  1. the Product received is a different Product;
  2. the selected character, colour or variant has not been supplied;
  3. the Product is materially different from the listing;
  4. a significant feature shown or promised is missing; or
  5. the representation was false or misleading.

10. COLOURS, PATTERNS, CHARACTERS AND ASSORTED DESIGNS

10.1 Where the Website permits the Customer to select a colour, character, print, design or other variant, CrushKart will make reasonable efforts to supply the selected variant.

10.2 A variant will be treated as selected only where it appears in the cart, checkout page or Order Confirmation.

10.3 A preference written in an order note, social-media message, chat or comment field will not become binding unless expressly confirmed by CrushKart.

10.4 Where a Product is clearly described as:

  1. assorted;
  2. random;
  3. surprise;
  4. mystery;
  5. mixed;
  6. subject to availability; or
  7. any similar expression,

CrushKart may supply any available colour, character, pattern or design falling within the range reasonably represented on the Product Page.

10.5 A Customer purchasing a random or assorted Product cannot claim a return or exchange solely because a preferred design was not received.

10.6 This restriction will not apply where:

  1. the Product received does not belong to the advertised range;
  2. the Product is damaged or defective;
  3. the Product is materially different from the description; or
  4. CrushKart expressly confirmed a particular design.

10.7 Where several units of an assorted Product are ordered, CrushKart does not guarantee that every unit will have a different design unless this is expressly confirmed.

10.8 Duplicate characters, prints or colours may therefore be supplied in a multiple-unit Order involving assorted Products.

11. DIMENSIONS, CAPACITY, WEIGHT AND MANUAL MEASUREMENTS

11.1 Measurements displayed on the Website may be approximate unless expressly identified as exact.

11.2 Minor differences may arise because of:

  1. manual measurement;
  2. the shape or flexibility of the Product;
  3. manufacturing tolerance;
  4. whether handles, caps, straps or external fittings are included in the measurement; or
  5. differences between production batches.

11.3 Capacity stated for bottles, mugs, tumblers, containers and similar Products may refer to the manufacturer’s nominal or maximum capacity.

11.4 Practical usable capacity may be lower where space must be left below the lid, straw, closure mechanism or insulation structure.

11.5 The Customer is responsible for reviewing dimensions and deciding whether the Product is suitable for the intended use, storage location, bag size, device or recipient.

11.6 A Product will not qualify for a preference-based return merely because the Customer:

  1. assumed it would be larger or smaller;
  2. did not review the measurements;
  3. compared it only with a photograph; or
  4. selected it for an incompatible purpose.

11.7 This does not apply where the delivered Product materially differs from the measurements or capacity represented on the Website.

12. MATERIALS, FINISHES AND MANUFACTURING VARIATIONS

12.1 Certain Products may be handmade, hand-finished, printed, moulded, stitched, assembled, imported or produced in batches.

12.2 Products of this nature may have minor variations in:

  1. stitching;
  2. print position;
  3. paint application;
  4. surface texture;
  5. colour tone;
  6. alignment;
  7. moulding lines;
  8. polish or gloss;
  9. shape;
  10. pattern placement;
  11. embroidery;
  12. hardware finish; or
  13. packaging.

12.3 A minor variation will not ordinarily be treated as a defect where it:

  1. does not affect safe and normal use;
  2. does not materially alter the Product’s appearance;
  3. does not reduce the quantity supplied;
  4. does not make the Product structurally unsound;
  5. does not contradict an express Product description; and
  6. falls within reasonable manufacturing tolerance.

12.4 The following will not be treated as acceptable minor variations merely by being described as manufacturing differences:

  1. broken parts;
  2. sharp, exposed or unsafe edges;
  3. leakage;
  4. missing components;
  5. non-functioning mechanisms;
  6. major cracks or dents;
  7. materially incorrect printing;
  8. severe stitching failure;
  9. a Product that cannot be used for its stated purpose;
  10. contamination;
  11. a materially incorrect character or design; or
  12. any issue that makes the Product defective, unsafe or materially misdescribed.

13. STATIONERY, ART PRODUCTS AND PAPER GOODS

13.1 Stationery and art-related Products may include notebooks, planners, pens, pencils, erasers, artbooks, sticker books, colouring materials, pouches and related items.

13.2 The Customer should review the Product Page for:

  1. page count;
  2. paper size;
  3. ruling or layout;
  4. binding type;
  5. ink colour;
  6. number of pieces;
  7. whether refills are included;
  8. age suitability; and
  9. other Product-specific details.

13.3 Colours produced by pens, markers, pencils and art materials may appear different depending on paper, surface, pressure, lighting and individual use.

13.4 Minor offset in printing, cutting or binding may occur where it does not materially affect the Product’s normal use.

13.5 Paper Products may show slight edge compression or minor movement caused by transit. This will not necessarily make the Product defective where the pages, binding and usability remain materially unaffected.

13.6 A writing instrument that does not function on first use should be tested in accordance with any reasonable activation or priming instructions supplied with it.

13.7 This section does not exclude a remedy for a Product that is dried out, unusable, incomplete, materially damaged or otherwise defective when delivered.

14. BOTTLES, TUMBLERS, MUGS AND DRINKWARE

14.1 Drinkware may include insulated tumblers, bottles, mugs, straw cups and similar Products.

14.2 The Customer must review the Product Page and packaging for information concerning:

  1. capacity;
  2. material;
  3. insulation;
  4. lid type;
  5. straw inclusion;
  6. suitability for hot or cold liquids;
  7. microwave, freezer or dishwasher suitability;
  8. washing and care instructions; and
  9. any temperature-related restriction.

14.3 A Product must not be used with boiling, carbonated, acidic or other liquids unless such use is expressly stated to be suitable.

14.4 Customers must ensure that lids, seals, valves, straws and closures are correctly fitted before use or transport.

14.5 “Leak-resistant” or “splash-resistant” must not be interpreted as “completely leakproof” unless the Product Page expressly states that the Product is leakproof.

14.6 Insulation performance may vary according to:

  1. starting liquid temperature;
  2. frequency of opening;
  3. surrounding temperature;
  4. quantity of liquid;
  5. whether ice is used; and
  6. correct closure of the lid.

14.7 Minor condensation around a lid or straw opening does not necessarily mean that the main vessel is defective.

14.8 Drinkware should be washed before first use.

14.9 The Customer should discontinue use where a Product arrives with a damaged inner lining, sharp edge, chemical odour that persists after washing, leakage, contamination or another safety concern.

14.10 Nothing in this section limits a Customer’s right to report a materially leaking, broken, contaminated, misdescribed or unsafe Product.

15. BAGS, POUCHES AND FASHION ACCESSORIES

15.1 Bags, backpacks, sling bags, pouches and similar Products may contain decorative attachments, zips, charms, straps, printed surfaces and other components.

15.2 Customers should review the dimensions and Product description before purchasing a bag for a specific device, book size, bottle size or other use.

15.3 Unless expressly stated, a bag or pouch is not represented as:

  1. waterproof;
  2. suitable for a laptop of a particular size;
  3. capable of carrying heavy loads;
  4. stain-proof;
  5. scratch-proof; or
  6. machine-washable.

15.4 Water-resistant material may provide limited protection from light moisture but should not be treated as waterproof unless expressly stated.

15.5 Excessive loading, forceful pulling, contact with sharp objects, unsuitable washing and prolonged moisture exposure may damage bags and accessories.

15.6 Minor thread ends that can be safely trimmed and do not affect stitching strength may not constitute a defect.

15.7 Broken zips, detached straps, torn stitching, missing hardware or structural weakness present at delivery may be reported in accordance with the applicable policy.

16. ANIME MERCHANDISE, FIGURES AND COLLECTIBLES

16.1 Anime merchandise, character merchandise, figures, miniatures and collectibles may be intended primarily for display, collection, gifting or decorative use.

16.2 Customers should carefully review:

  1. the stated height or dimensions;
  2. whether the Product is sold individually or as a set;
  3. the number of figures included;
  4. the character or series;
  5. whether the design is fixed, random or assorted;
  6. the material;
  7. whether assembly is required;
  8. the condition and type of packaging; and
  9. whether the Product is described as original, licensed, imported, inspired, themed or otherwise.

16.3 A Product featuring a third-party character, name or design will not automatically be treated as officially licensed merchandise unless the Product Page expressly states that it is original or officially licensed.

16.4 Where CrushKart describes a Product as “original,” “official” or “licensed,” that description will form a material part of the Product representation.

16.5 Where no such claim is made, the Customer must not infer official licensing solely from the appearance of a character or trademark.

16.6 Minor paint variation, mould line, seam line, print placement or pose variation may occur in mass-produced figures.

16.7 Such variation will not ordinarily constitute a defect unless it materially affects the appearance, integrity, identity or value of the Product.

16.8 Collectible packaging may be relevant to the Product’s value. Where packaging condition is represented as part of the Product, material crushing, tearing or damage to that packaging may be reviewed as a Product issue.

16.9 Where packaging is merely protective transit packaging and the underlying Product is unaffected, minor packaging marks may not qualify as Product damage.

16.10 Blind boxes, mystery figures and random collectibles involve an unknown character or design. The Customer accepts the random-selection feature when purchasing such a Product.

16.11 A blind box or random collectible cannot be returned merely because:

  1. the Customer did not receive a preferred character;
  2. the Customer received a duplicate;
  3. the character is less rare than expected; or
  4. the Customer changed their mind after opening the sealed packaging.

16.12 This restriction does not apply where the Product is damaged, counterfeit despite an authenticity claim, incomplete, materially misdescribed or otherwise legally eligible for a remedy.

17. TOYS, GAMES, KEYCHAINS AND SMALL PARTS

17.1 Certain Products may contain small parts, magnets, detachable components, batteries, cords, sharp points or mechanisms that may not be suitable for young children.

17.2 Customers purchasing Products for children must review and follow:

  1. age recommendations;
  2. safety warnings;
  3. assembly instructions;
  4. battery instructions;
  5. supervision requirements; and
  6. other information supplied with the Product.

17.3 Products containing small parts must be kept away from children below the recommended age because of choking or ingestion risk.

17.4 Products containing magnets must be used and stored with appropriate care.

17.5 A decorative collectible, keychain or miniature should not be treated as a children’s toy unless it is expressly marketed for that purpose.

17.6 A Customer should immediately discontinue use of a Product that appears broken, sharp, exposed, unstable or unsafe.

17.7 CrushKart does not exclude responsibility for supplying a Product that is unsafe, non-compliant, defective or materially inconsistent with its stated intended use.

18. PHOTO FRAMES, GIFT ITEMS AND DECORATIVE PRODUCTS

18.1 Photo frames, decorative Products and gifts may include glass, acrylic, metal, resin, ceramic, wood, plastic or other materials.

18.2 Customers should review:

  1. frame size;
  2. photograph size;
  3. orientation;
  4. mounting method;
  5. material;
  6. whether a stand or wall fitting is included; and
  7. whether any photograph shown is illustrative.

18.3 A photograph displayed inside a sample frame is not included unless expressly stated.

18.4 Fragile Products must be handled with care after delivery.

18.5 Damage caused after delivery through dropping, impact, unsuitable mounting or improper handling will not constitute a delivery defect.

18.6 Cracked, shattered, materially scratched or broken Products received in that condition may be reported under the Shipping, Cancellation, Return and Refund Policy.

19. PRODUCT SAFETY, CARE AND INTENDED USE

19.1 Products must be used only for their intended purpose and in accordance with any instructions, warnings or care information supplied with the Product or displayed on the Website.

19.2 Customers are responsible for exercising reasonable care and appropriate adult supervision where a Product is used by a child.

19.3 Customers must not:

  1. expose a Product to conditions it is not designed to withstand;
  2. use a decorative item as a safety device;
  3. place an unsuitable Product in a microwave, oven, dishwasher or freezer;
  4. carry excessive weight in a bag;
  5. allow children to use Products containing small parts without supervision;
  6. use a damaged electrical, mechanical or food-contact Product; or
  7. continue using a Product after discovering a safety issue.

19.4 Normal wear and tear, gradual fading, scratching, tarnishing, loosening, staining, material ageing or damage caused by misuse will not be treated as a defect present at delivery.

19.5 Nothing in this section excludes liability for a Product that was defective, unsafe or materially misdescribed when supplied.

20. THIRD-PARTY TRADEMARKS AND CHARACTER REFERENCES

20.1 Third-party names, logos, characters, artistic works, entertainment properties and trademarks appearing in connection with a Product remain the property of their respective rights holders.

20.2 The use of a third-party name or character may be for the purpose of identifying the Product’s design, theme or compatibility.

20.3 Unless expressly stated, the listing of a Product does not imply that CrushKart is sponsored, operated or endorsed by the relevant third-party rights holder.

20.4 CrushKart will not knowingly describe a Product as official, original, branded or licensed without a reasonable basis for that representation.

20.5 Customers must not use CrushKart’s listings or Products to falsely represent that they are authorised distributors, licensees or affiliates of CrushKart or a third-party brand.

21. PRODUCT AVAILABILITY AND STOCK

21.1 All Products are subject to availability.

21.2 A Product being displayed as “in stock” does not constitute an unconditional guarantee that it will remain available until the Order is processed.

21.3 Stock discrepancies may occur because of:

  1. simultaneous purchases;
  2. inventory-sync delays;
  3. stock damage;
  4. misplaced stock;
  5. quality-control rejection;
  6. supplier error;
  7. technical error; or
  8. discontinuation.

21.4 Where a Product becomes unavailable after an Order has been placed, CrushKart may:

  1. cancel the unavailable Product;
  2. cancel the entire Order where the remaining Products cannot reasonably be supplied separately;
  3. offer a comparable alternative, subject to the Customer’s express approval; or
  4. seek the Customer’s instructions.

21.5 CrushKart will not substitute a materially different Product without the Customer’s consent.

21.6 Where an unavailable prepaid Product is cancelled, the amount paid for that Product, together with any directly attributable charge that must be refunded, will be processed in accordance with the applicable refund procedure.

21.7 Where cancellation of one Product causes an Order to fall below a promotional threshold, CrushKart may reasonably recalculate a discount or free-shipping benefit, provided the calculation and resulting refund are transparent and do not impose an undisclosed penalty.

22. PRICES, TAXES AND CHARGES

22.1 Prices displayed on the Website are in Indian Rupees unless otherwise stated.

22.2 The total amount payable will be shown before the Customer confirms payment and may include:

  1. the Product price;
  2. applicable taxes;
  3. shipping or delivery charges;
  4. packaging or special-handling charges, where disclosed;
  5. Cash on Delivery charges, where applicable and disclosed; and
  6. discounts or promotional benefits.

22.3 The Customer will not be required to pay an undisclosed mandatory charge after completing the Order.

22.4 Prices may change from time to time. A price change will ordinarily apply only to future Orders and will not affect an Order already accepted at the earlier price.

22.5 A Product showing a crossed-out price, maximum retail price, reference price or percentage discount must be read together with the final selling price displayed at checkout.

22.6 A percentage discount may be rounded for display. The final amount payable at checkout will govern the transaction.

22.7 The Customer is responsible for reviewing the final order summary before payment.

23. PRICING, DESCRIPTION AND TECHNICAL ERRORS

23.1 Despite reasonable care, the Website may occasionally display an obvious pricing, quantity, discount, description or technical error.

23.2 An obvious error may include:

  1. a clearly misplaced decimal point;
  2. a Product displayed at a nominal amount inconsistent with the listing and surrounding information;
  3. an impossible percentage discount caused by a system error;
  4. a duplicate discount being applied contrary to disclosed offer terms;
  5. a Product title and image belonging to entirely different Products; or
  6. a quantity that is plainly inconsistent with the stated Product configuration.

23.3 Where a material error is identified before dispatch, CrushKart may contact the Customer and:

  1. offer the Product at the correct price or description;
  2. seek confirmation of the corrected Order;
  3. cancel the affected Product; or
  4. cancel the Order where the error affects the entire transaction.

23.4 CrushKart will not charge a corrected higher price without the Customer’s express consent.

23.5 If the Customer does not accept the corrected terms, the affected Product will be cancelled and any corresponding prepaid amount will be refunded.

23.6 CrushKart cannot rely on this section to retrospectively alter a minor commercial disadvantage or avoid an Order merely because the Product was legitimately offered at a promotional price.

24. OFFERS, DISCOUNTS AND COUPON CODES

24.1 CrushKart may offer promotional codes, automatic discounts, bundles, first-order benefits, referral benefits, free gifts, seasonal offers and other promotions.

24.2 Every promotion may be subject to specific conditions, including:

  1. validity period;
  2. minimum order value;
  3. eligible Products;
  4. excluded Products;
  5. account eligibility;
  6. payment method;
  7. usage limit;
  8. geographic restriction;
  9. quantity restriction; or
  10. stock availability.

24.3 Unless expressly stated otherwise:

  1. only one coupon code may be used per Order;
  2. a coupon cannot be applied after an Order is placed;
  3. coupons have no cash value;
  4. unused promotional value is not refundable in cash;
  5. account-specific offers are non-transferable;
  6. a free-shipping benefit applies only where the eligibility condition is satisfied;
  7. an offer cannot be combined with another offer; and
  8. cancelled, returned or refunded Products may cause the promotional benefit to be recalculated.

24.4 CrushKart may reject or reverse a promotional benefit where it is obtained through:

  1. multiple Accounts created by the same person;
  2. false contact information;
  3. automated ordering;
  4. manipulation of the Website;
  5. unauthorised code distribution;
  6. a payment method used without authority;
  7. collusive activity; or
  8. another fraudulent or abusive method.

24.5 CrushKart may correct or withdraw a promotion containing a clear technical or publishing error.

24.6 Withdrawal or correction of a promotion will not affect any statutory remedy concerning a Product already supplied.

25. FREE GIFTS AND COMPLIMENTARY ITEMS

25.1 A free gift may be provided subject to a minimum order value, eligible Product purchase, promotional period or other disclosed condition.

25.2 Unless expressly stated:

  1. a free gift has no separately redeemable cash value;
  2. the design may be assorted or subject to availability;
  3. the free gift cannot be exchanged solely because the Customer prefers another design;
  4. the offer may end when stocks are exhausted; and
  5. the gift must be returned if the qualifying transaction is fully reversed.

25.3 Where only part of an Order is cancelled or refunded and the remaining Order no longer satisfies the free-gift condition, CrushKart may:

  1. request return of the unused free gift; or
  2. deduct its disclosed promotional value from the refund,

provided this consequence was clearly communicated and is applied reasonably.

25.4 A damaged, defective or unsafe complimentary Product may still be reported for review.

26. PLACING AN ORDER

26.1 Before placing an Order, the Customer must review:

  1. Product names;
  2. quantities;
  3. selected variants;
  4. Product descriptions;
  5. dimensions and specifications;
  6. included items;
  7. prices;
  8. promotional conditions;
  9. delivery charges;
  10. Delivery Address;
  11. recipient contact information;
  12. payment method; and
  13. the final payable amount.

26.2 The Customer may ordinarily modify the cart before submitting the Order.

26.3 Clicking “Place Order,” “Pay Now,” “Buy Now” or another final confirmation button constitutes an offer by the Customer to purchase the Products shown in the order summary.

26.4 CrushKart will record the Customer’s express action to purchase the Products and will not treat silence, inactivity or a pre-selected optional Product as consent.

26.5 The Customer’s submission of an Order does not itself require CrushKart to accept the Order.

26.6 CrushKart may send an automated acknowledgement after an Order is submitted. Such acknowledgement confirms receipt of the Order request but does not necessarily constitute final acceptance.

26.7 The Customer is responsible for checking the Order acknowledgement and promptly reporting an obvious error.

27. FORMATION OF THE PURCHASE CONTRACT

27.1 The Customer’s Order is an offer to purchase the selected Products subject to these Terms and Conditions.

27.2 The purchase contract will be formed when CrushKart:

  1. expressly confirms acceptance of the Order;
  2. dispatches the Product;
  3. communicates that the Order has been processed for fulfilment; or
  4. otherwise performs an act clearly indicating acceptance,

whichever occurs first.

27.3 CrushKart may accept or reject individual Products within the same Order.

27.4 A separate purchase contract may therefore arise for each dispatched Product or shipment.

27.5 Payment authorisation, payment debit or an automated email does not by itself guarantee acceptance where:

  1. stock is unavailable;
  2. payment is under verification;
  3. the listing contains a material error;
  4. the Order appears fraudulent;
  5. delivery is not serviceable; or
  6. another valid ground for refusal exists.

27.6 If CrushKart rejects a prepaid Order before supply, it will process the applicable refund.

28. ORDER VERIFICATION

28.1 CrushKart may conduct reasonable verification before accepting, processing or dispatching an Order.

28.2 Verification may include confirming:

  1. the Customer’s identity;
  2. contact information;
  3. Delivery Address;
  4. ordered quantity;
  5. payment status;
  6. authorisation to use the payment method;
  7. Cash on Delivery confirmation;
  8. whether the Order appears fraudulent; or
  9. whether a promotional benefit has been validly claimed.

28.3 CrushKart may contact the Customer through the information submitted with the Order.

28.4 If the Customer does not respond to a necessary verification request, CrushKart may place the Order on hold or cancel it.

28.5 Verification will be conducted only to the extent reasonably necessary for fulfilment, fraud prevention, security or legal compliance.

29. RIGHT TO REFUSE, LIMIT OR CANCEL AN ORDER

29.1 CrushKart may refuse, limit or cancel an Order before dispatch where there is a reasonable basis, including:

  1. Product unavailability;
  2. a material pricing or listing error;
  3. an incomplete or non-serviceable Delivery Address;
  4. failed or unauthorised payment;
  5. suspected fraud;
  6. suspected misuse of an offer;
  7. an unusually large quantity intended for unauthorised resale;
  8. inability to verify the Order;
  9. repeated unjustified delivery refusal;
  10. a legal or regulatory restriction;
  11. a Product safety concern;
  12. force majeure; or
  13. a technical failure preventing fulfilment.

29.2 CrushKart may limit the quantity of scarce, promotional, collectible or limited-stock Products available to a Customer or household.

29.3 Any quantity limit should be applied consistently and not used to arbitrarily discriminate between Customers of the same class.

29.4 Where CrushKart cancels a prepaid Product that has not been supplied, it will not retain the amount paid for that Product.

29.5 Where CrushKart cancels an Order unilaterally, it will not impose a cancellation charge on the Customer for that cancellation.

30. PAYMENTS

30.1 Available payment methods will be displayed at checkout.

30.2 Payments may be processed through third-party banks, card networks, UPI providers, wallets, payment gateways or other authorised payment-service providers.

30.3 The Customer must ensure that:

  1. the payment information is accurate;
  2. the payment method is lawfully authorised;
  3. sufficient funds or credit are available;
  4. required authentication is completed; and
  5. the transaction is not prohibited by the payment provider.

30.4 CrushKart does not require the Customer to disclose a card PIN, UPI PIN, banking password or one-time password to its staff.

30.5 Customers must not share such credentials with any person claiming to represent CrushKart.

30.6 A payment may remain pending, fail or reverse because of:

  1. bank processing;
  2. payment-gateway downtime;
  3. network interruption;
  4. authentication failure;
  5. risk controls;
  6. incorrect information; or
  7. another third-party issue.

30.7 An amount appearing as debited from the Customer’s account does not necessarily mean that CrushKart has successfully received the amount.

30.8 Where payment status is uncertain, CrushKart may verify the transaction using the relevant transaction reference and payment-service records.

31. FAILED, PENDING AND DUPLICATE PAYMENTS

31.1 Where a payment fails but the Customer’s account has been debited, the amount may be automatically reversed by the bank or payment provider.

31.2 The Customer should not make repeated payments for the same Order without first checking the Order and payment status.

31.3 If CrushKart receives more than one successful payment for the same Order, the duplicate amount will be verified and refunded.

31.4 CrushKart may request:

  1. the Order number;
  2. transaction reference;
  3. payment date;
  4. amount;
  5. payment-provider details; or
  6. a redacted payment screenshot.

31.5 The Customer must not send a complete card number, PIN, UPI PIN, password or one-time password.

31.6 The time required for a reversal or refund to appear may depend on the bank, card network, UPI provider, wallet or payment gateway.

32. CASH ON DELIVERY

32.1 Cash on Delivery may be offered for eligible Orders, Products and Delivery Addresses.

32.2 Availability may depend on:

  1. order value;
  2. postal code;
  3. Product category;
  4. courier support;
  5. Customer order history;
  6. verification; or
  7. operational risk.

32.3 CrushKart may request confirmation before processing a Cash on Delivery Order.

32.4 The Customer must keep the payable amount available and remain reasonably reachable for delivery coordination.

32.5 Repeated placement and unjustified refusal of Cash on Delivery Orders may result in:

  1. restriction of Cash on Delivery access;
  2. requirement of prepaid payment for future Orders; or
  3. reasonable Account restriction.

32.6 Such restriction will not prevent a Customer from reporting a genuinely damaged, incorrect, unsafe or defective Product.

32.7 Refusal of delivery does not automatically constitute a valid cancellation or create an automatic right to refund.

32.8 The consequences of an unjustified refused delivery will be governed by the Shipping, Cancellation, Return and Refund Policy.

33. CUSTOMER-REQUESTED CANCELLATION

33.1 A Customer may request cancellation in the manner stated in the Shipping, Cancellation, Return and Refund Policy.

33.2 A cancellation request is not a confirmation of cancellation.

33.3 Cancellation will be effective only when CrushKart confirms it.

33.4 Cancellation may not be possible where the Order:

  1. has entered packing;
  2. has been handed to the courier;
  3. has been dispatched;
  4. contains a Customised Product for which work has started;
  5. contains a specially sourced Product;
  6. forms part of a bulk Order already procured or assembled; or
  7. has otherwise reached an irreversible fulfilment stage.

33.5 CrushKart will not impose an undisclosed or arbitrary cancellation charge.

33.6 Any permitted cancellation charge, if applicable to a special Order, must be reasonable, disclosed in advance and connected with actual work or cost already incurred.

33.7 General cancellation eligibility, procedure and refund treatment will be addressed in the separate policy.

34. SHIPPING AND DELIVERY

34.1 Shipping, dispatch, delivery estimates, courier tracking, serviceability, failed delivery, address changes and delivery claims will be governed by the Shipping, Cancellation, Return and Refund Policy.

34.2 Any delivery date or period displayed on the Website is an estimate unless expressly stated to be guaranteed.

34.3 Delivery may be affected by:

  1. courier capacity;
  2. destination;
  3. weather;
  4. public holidays;
  5. transport disruption;
  6. incomplete address information;
  7. recipient unavailability;
  8. security restrictions;
  9. force majeure; or
  10. other circumstances outside CrushKart’s reasonable control.

34.4 CrushKart will make reasonable efforts to dispatch and deliver Orders within the period communicated to the Customer.

34.5 This section does not remove a Customer’s right to a remedy where CrushKart fails to deliver within an agreed or reasonable period, except where a delay is attributable to a genuine Force Majeure Event or to the Customer.

35. DELIVERY INFORMATION AND CUSTOMER RESPONSIBILITY

35.1 The Customer must provide complete and accurate delivery information.

35.2 The Delivery Address should include, where relevant:

  1. recipient name;
  2. house, flat, shop or office number;
  3. building name;
  4. street and locality;
  5. city and state;
  6. postal code;
  7. landmark; and
  8. active phone number.

35.3 CrushKart will not be responsible for delay or failure caused solely by incorrect, incomplete or outdated information submitted by the Customer.

35.4 A request to change the Delivery Address will be accommodated only where operationally possible.

35.5 An address ordinarily cannot be changed after dispatch.

35.6 If a shipment is returned because of incorrect information, recipient refusal, repeated recipient unavailability or another Customer-attributable reason, the consequences will be governed by the Shipping, Cancellation, Return and Refund Policy.

35.7 Any amount deducted from a refund for return-to-origin or redelivery cost must be reasonable, connected with actual cost and applied in accordance with the disclosed policy.

36. DELIVERY TO ANOTHER RECIPIENT

36.1 A Customer may place an Order for delivery to another recipient.

36.2 The Customer is responsible for ensuring that:

  1. the recipient has agreed to receive the shipment;
  2. the recipient’s information is accurate;
  3. the recipient can be contacted; and
  4. the delivery does not violate any law or restriction.

36.3 Delivery to the person present at the Delivery Address, including a family member, receptionist, security guard, office representative or other person reasonably appearing authorised to receive the shipment, may be treated as completed delivery.

36.4 This will not apply where the Customer expressly communicated a different delivery restriction and CrushKart or the courier confirmed acceptance of that restriction.

37. TITLE AND RISK IN PRODUCTS

37.1 Ownership of a Product will pass to the Customer after:

  1. CrushKart has received full payment, where the Order is prepaid; or
  2. the Customer has paid the amount due on delivery, where Cash on Delivery applies,

subject to delivery of the Product.

37.2 Risk of accidental loss or damage will ordinarily pass when the Product is delivered to:

  1. the Customer;
  2. the named recipient; or
  3. a person reasonably authorised to receive it at the Delivery Address.

37.3 This section does not prevent a Customer from raising a claim for:

  1. concealed transit damage;
  2. missing contents;
  3. tampering;
  4. an incorrect Product;
  5. a manufacturing defect; or
  6. another issue that existed at or before delivery.

38. INSPECTION OF THE SHIPMENT

38.1 The Customer should examine the external condition of the package at delivery wherever reasonably possible.

38.2 If the package appears visibly opened, wet, crushed, torn, resealed or materially tampered with, the Customer should:

  1. photograph or record the condition;
  2. make an appropriate delivery remark where possible; and
  3. contact CrushKart promptly.

38.3 Acceptance of the shipment does not prevent the Customer from reporting a concealed issue that could only be discovered after opening.

38.4 Customers should preserve:

  1. the outer packaging;
  2. shipping label;
  3. internal packaging;
  4. tags;
  5. seals;
  6. accessories; and
  7. the Product,

until any claim has been reviewed.

39. GENERAL NO CHANGE-OF-MIND RETURN RULE

39.1 Subject to Applicable Law and the separate Shipping, Cancellation, Return and Refund Policy, CrushKart does not ordinarily accept a return, refund or exchange solely because the Customer:

  1. changed their mind;
  2. no longer wants the Product;
  3. does not personally like the design after delivery;
  4. selected the wrong colour, character, size, quantity or variant;
  5. incorrectly estimated the dimensions;
  6. did not read the Product description;
  7. expected an accessory or prop that was not stated to be included;
  8. found the same or a similar Product at a different price elsewhere;
  9. received a duplicate random collectible;
  10. did not receive a preferred random or assorted design;
  11. placed the Order by mistake but did not request cancellation before processing; or
  12. considers the Product unsuitable for a purpose that was not stated or represented by CrushKart.

39.2 The purpose of this section is to exclude preference-based returns, not legitimate Product claims.

39.3 Nothing in this section permits CrushKart to refuse an appropriate remedy where the Product is:

  1. damaged when delivered;
  2. defective;
  3. deficient;
  4. unsafe;
  5. spurious or counterfeit where authenticity was represented;
  6. materially different from its description;
  7. materially different from the Product ordered;
  8. incorrect;
  9. incomplete;
  10. missing from the shipment;
  11. supplied in the wrong confirmed variant; or
  12. otherwise eligible for a remedy under Applicable Law.

39.4 The claim procedure, reporting period, evidence requirements and available remedies will be specified in the Shipping, Cancellation, Return and Refund Policy.

40. DIFFERENCE BETWEEN A DEFECT AND A PREFERENCE ISSUE

40.1 A Product defect or fulfilment issue may include:

  1. structural damage;
  2. breakage;
  3. leakage;
  4. non-functioning mechanism;
  5. missing component;
  6. incorrect Product;
  7. incorrect confirmed variant;
  8. materially incorrect quantity;
  9. significant mismatch with the description;
  10. contamination;
  11. unsafe condition;
  12. material manufacturing fault; or
  13. another issue affecting normal, safe or represented use.

40.2 A preference issue may include:

  1. not liking the colour despite receiving the selected colour;
  2. considering the Product too small despite correct dimensions being displayed;
  3. deciding that the Product is no longer required;
  4. disliking a random character received from the advertised range;
  5. preferring another Product after delivery;
  6. misunderstanding an image where the written quantity was accurate; or
  7. ordinary dissatisfaction unrelated to a defect or misrepresentation.

40.3 The classification of a claim will depend on the Product Page, selected variant, Order records, evidence and actual condition of the Product.

40.4 CrushKart will not classify a genuine material defect as a preference issue merely to avoid providing a remedy.

41. EVIDENCE FOR DELIVERY-RELATED CLAIMS

41.1 CrushKart may request reasonable evidence to determine whether an issue existed at delivery and whether the claim falls within the applicable policy.

41.2 Evidence may include:

  1. a clear, continuous and unedited unboxing video;
  2. photographs of all sides of the outer package;
  3. photographs of the shipping label;
  4. photographs or video of the Product;
  5. images clearly showing the defect, damage or mismatch;
  6. proof of the quantity received;
  7. original packaging, tags and accessories; and
  8. the invoice or Order number.

41.3 Where an unboxing video is required, it should ordinarily:

  1. begin before the package is opened;
  2. show the sealed external package;
  3. show the shipping label;
  4. show the package being opened continuously;
  5. show all contents removed from the package; and
  6. clearly show the reported issue.

41.4 Edited, paused, stitched or incomplete footage may be insufficient where it does not reliably establish the condition of the shipment.

41.5 An evidence requirement will be applied reasonably and proportionately.

41.6 A claim will not be rejected mechanically only because one form of evidence is unavailable where:

  1. the Customer provides other reliable evidence;
  2. the issue is independently verifiable;
  3. the Product presents a safety concern;
  4. the defect is latent and could not reasonably appear during initial unboxing; or
  5. the circumstances otherwise justify further investigation.

41.7 Providing evidence does not automatically guarantee approval. The claim remains subject to verification.

42. REMEDIES FOR VALID PRODUCT CLAIMS

42.1 Where a claim is verified, the appropriate remedy may depend on:

  1. the nature of the issue;
  2. severity of the defect;
  3. availability of replacement stock;
  4. whether a missing component can be supplied separately;
  5. whether repair is reasonable;
  6. whether the Product has been used;
  7. applicable law; and
  8. the remedy selected or accepted by the Customer where choice is available.

42.2 A remedy may include:

  1. supply of a missing component;
  2. replacement of the affected Product;
  3. repair, where appropriate;
  4. partial refund where the Customer agrees to retain the Product;
  5. refund of the affected Product price;
  6. refund of the complete Order where the issue materially affects the complete transaction; or
  7. another remedy agreed with the Customer.

42.3 CrushKart will not require a Customer to accept store credit instead of a legally required refund unless the Customer voluntarily agrees.

42.4 CrushKart may require return of the affected Product before completing a replacement or refund, where reasonable.

42.5 CrushKart will bear reasonable return-shipping cost where the return is required because CrushKart supplied a verified damaged, defective, incorrect or materially misdescribed Product.

42.6 A remedy may be refused or reduced where the evidence shows that the issue arose after delivery because of misuse, accidental damage, unauthorised modification, improper cleaning, unsuitable storage or ordinary wear and tear.

43. PERSONALISED AND CUSTOMISED PRODUCTS

43.1 Customised Products may include Products bearing a name, photograph, message, date, print, design, colour combination, gift arrangement or other Customer-selected feature.

43.2 Before confirming a Customised Product, the Customer must carefully review:

  1. spelling;
  2. punctuation;
  3. date;
  4. photograph;
  5. image quality;
  6. colour selection;
  7. wording;
  8. size;
  9. layout;
  10. quantity; and
  11. all other submitted details.

43.3 CrushKart may reproduce the information exactly as submitted or approved by the Customer.

43.4 A Customised Product will not ordinarily be eligible for cancellation, return or exchange because of:

  1. a spelling submitted by the Customer;
  2. an incorrect date submitted by the Customer;
  3. low-resolution source material submitted by the Customer;
  4. a change of mind after work has begun;
  5. dissatisfaction with a feature that matches the approved instructions; or
  6. an error appearing in a proof approved by the Customer.

43.5 This restriction will not apply where:

  1. CrushKart made the error;
  2. the Product does not match the approved instructions;
  3. the Product is damaged or defective;
  4. the wrong Product is delivered; or
  5. the Customer is otherwise entitled to a remedy under Applicable Law.

43.6 CrushKart may request advance payment before commencing a Customised Product.

43.7 Once customisation, sourcing, printing, engraving, assembly or packing has begun, cancellation may be refused or limited to the extent of the work and cost already incurred.

44. CUSTOMER-SUPPLIED CONTENT FOR CUSTOMISATION

44.1 By submitting a photograph, name, logo, message, artwork, design or other material for customisation, the Customer confirms that:

  1. they own the material or are authorised to use it;
  2. its use will not infringe another person’s copyright, trademark, privacy, publicity or other rights;
  3. the material is not unlawful, abusive, obscene, hateful, threatening or defamatory;
  4. the material does not promote illegal activity; and
  5. CrushKart may use the material solely to produce and fulfil the Customised Product.

44.2 CrushKart may refuse customisation that it reasonably believes:

  1. is unlawful;
  2. infringes intellectual property;
  3. violates another person’s privacy;
  4. contains abusive or discriminatory content;
  5. creates a safety or reputational risk; or
  6. cannot reasonably be produced.

44.3 The Customer remains responsible for obtaining any necessary permission for submitted content.

44.4 CrushKart will process Customer-supplied content in accordance with its Privacy Policy and will not acquire ownership of the Customer’s underlying intellectual property merely by fulfilling the Order.

45. BULK ORDERS, RETURN GIFTS AND EVENT ORDERS

45.1 Orders involving large quantities, event gifting, return gifts, corporate gifting, specially sourced stock or custom packing may be treated as bulk Orders.

45.2 CrushKart may require written confirmation of:

  1. quantity;
  2. Product configuration;
  3. design mix;
  4. packaging;
  5. customisation;
  6. delivery schedule;
  7. Delivery Address;
  8. pricing;
  9. payment terms;
  10. sample approval; and
  11. cancellation conditions.

45.3 A quotation does not reserve stock unless CrushKart expressly confirms the reservation.

45.4 Bulk-order pricing may differ from Website retail pricing.

45.5 Retail coupons, free gifts, loyalty benefits or free-shipping offers may not apply to bulk Orders unless expressly confirmed.

45.6 Where a Customer approves a sample, proof or Product specification, the bulk Order may be produced or assembled according to that approval.

45.7 Minor variations between units may occur within reasonable manufacturing tolerance.

45.8 The Customer must inspect and communicate any issue within the agreed bulk-order procedure.

45.9 Cancellation may not be available after CrushKart has:

  1. procured special stock;
  2. commenced customisation;
  3. assembled gift sets;
  4. printed packaging;
  5. reserved inventory; or
  6. incurred another non-recoverable agreed cost.

45.10 Nothing in this section excludes a remedy for material non-conformity, shortage, damage or defect attributable to CrushKart.

46. UNAUTHORISED RESALE

46.1 Products purchased through the Website are ordinarily intended for personal use, gifting or legitimate event requirements.

46.2 A Customer must not represent themselves as an authorised CrushKart dealer, distributor, franchisee or affiliate without written permission.

46.3 A Customer must not use:

  1. CrushKart’s name;
  2. logo;
  3. Product photographs;
  4. descriptions;
  5. Website design;
  6. packaging artwork; or
  7. other proprietary content

to market or resell Products without written authorisation.

46.4 CrushKart may limit or reject an Order reasonably suspected to be placed for unauthorised commercial resale.

46.5 This section does not prevent lawful resale of a legitimately purchased Product where such resale does not misuse CrushKart’s intellectual property or falsely imply authorisation.

47. PRODUCT WARRANTIES

47.1 A Product carries a warranty only where the Product Page, invoice, packaging or manufacturer expressly states that a warranty applies.

47.2 Where a manufacturer’s warranty applies:

  1. the warranty period and scope will be governed by the manufacturer’s terms;
  2. proof of purchase may be required;
  3. the Customer may need to contact the manufacturer or service centre; and
  4. exclusions may apply for misuse, accidental damage or unauthorised repair.

47.3 CrushKart will not represent that a warranty exists where none has been provided.

47.4 The absence or expiry of a commercial warranty does not remove a statutory remedy that may independently apply to a Product defect existing at supply.

48. CUSTOMER REVIEWS, RATINGS AND CONTENT

48.1 The Website may allow Customers to submit reviews, ratings, photographs, videos, questions, comments or other content.

48.2 By submitting content, the Customer confirms that:

  1. it reflects a genuine experience or honestly held opinion;
  2. it is not knowingly false or misleading;
  3. it does not infringe another person’s rights;
  4. it does not disclose confidential or sensitive personal information;
  5. it is not unlawful, threatening, discriminatory, obscene or abusive;
  6. it does not contain malware, spam or unauthorised advertising; and
  7. the Customer is authorised to submit it.

48.3 The Customer grants CrushKart a non-exclusive, royalty-free, worldwide licence to host, reproduce, display, format and use the submitted content for:

  1. operating the Website;
  2. displaying customer feedback;
  3. promoting CrushKart or the relevant Product; and
  4. improving Products and customer service.

48.4 This licence does not transfer ownership of the Customer’s original content to CrushKart.

48.5 CrushKart may moderate or remove content that:

  1. violates these Terms;
  2. is unrelated to the Product;
  3. contains personal information;
  4. appears fraudulent;
  5. contains abusive material; or
  6. is otherwise unlawful.

48.6 CrushKart will not materially alter a genuine review in a way that changes its meaning.

48.7 CrushKart will not knowingly represent fabricated content as a genuine verified customer review.

48.8 Where a review is incentivised, the nature of the incentive should be disclosed where required.

49. SOCIAL MEDIA AND THIRD-PARTY COMMUNICATIONS

49.1 CrushKart may communicate through social-media platforms, messaging services, email, telephone or Website chat.

49.2 Social-media content may provide general Product, launch or promotional information.

49.3 The final Product Page, cart and checkout information will ordinarily govern the transaction.

49.4 A social-media message does not confirm an Order unless CrushKart expressly accepts and records the Order.

49.5 Customers should make payments only through payment methods and links officially communicated or displayed by CrushKart.

49.6 CrushKart will not be responsible for payment made to an unauthorised third-party account impersonating CrushKart where the payment channel was not issued, approved or controlled by CrushKart.

49.7 Customers should promptly report suspected impersonation, phishing or fraudulent communication.

50. TRANSACTIONAL AND PROMOTIONAL COMMUNICATIONS

50.1 CrushKart may send transactional communications concerning:

  1. Account activity;
  2. Order confirmation;
  3. payment status;
  4. verification;
  5. dispatch;
  6. delivery;
  7. cancellation;
  8. refund;
  9. customer support;
  10. security; or
  11. grievance handling.

50.2 Transactional communications may be necessary to fulfil the Order and may continue even where the Customer has opted out of marketing messages.

50.3 Subject to consent and Applicable Law, CrushKart may send promotional communications concerning:

  1. new Products;
  2. discounts;
  3. seasonal campaigns;
  4. abandoned carts;
  5. back-in-stock alerts;
  6. recommendations; or
  7. other CrushKart updates.

50.4 The Customer may opt out of promotional communications using the unsubscribe facility provided or by contacting CrushKart through the official channel.

50.5 Personal information used for communications will be handled in accordance with the Privacy Policy.

51. INTELLECTUAL PROPERTY OF CRUSHKART

51.1 Unless otherwise stated, the Website and its original content are owned by, licensed to or lawfully used by CrushKart.

51.2 Protected content may include:

  1. the CrushKart name and logo;
  2. Website layout;
  3. graphics;
  4. icons;
  5. banners;
  6. photographs;
  7. videos;
  8. Product descriptions;
  9. written content;
  10. promotional copy;
  11. packaging design;
  12. software elements; and
  13. databases or compilations.

51.3 Customers may view and use Website content only for personal shopping and order-related purposes.

51.4 Without prior written permission, no person may:

  1. reproduce Website content for commercial use;
  2. use Product images on another website or marketplace;
  3. republish Product descriptions;
  4. create derivative promotional content;
  5. remove copyright or trademark notices;
  6. use the CrushKart name or logo to imply affiliation;
  7. register a confusingly similar domain, business name or social handle; or
  8. systematically copy the Product catalogue.

51.5 Nothing in these Terms grants the Customer ownership of CrushKart’s intellectual property.

52. INTELLECTUAL PROPERTY COMPLAINTS

52.1 A rights holder who believes that Website content or a Product listing infringes their intellectual property may submit a written complaint to CrushKart.

52.2 The complaint should include:

  1. identification of the protected work or right;
  2. identification of the allegedly infringing Product or content;
  3. the relevant Website location;
  4. the complainant’s name and contact information;
  5. evidence of ownership or authority; and
  6. a statement explaining the alleged infringement.

52.3 CrushKart may temporarily restrict or remove disputed content while investigating a credible complaint.

52.4 CrushKart may request further information before taking final action.

52.5 Submission of a knowingly false intellectual-property complaint may expose the complainant to responsibility for resulting loss or legal consequences.

53. THIRD-PARTY SERVICES

53.1 CrushKart may use third parties for:

  1. Website hosting;
  2. payment processing;
  3. fraud prevention;
  4. analytics;
  5. communication;
  6. order management;
  7. shipping and delivery;
  8. customer support;
  9. cloud storage; or
  10. other operational services.

53.2 Use of a third-party payment, courier or other service may also be subject to that provider’s terms.

53.3 CrushKart is not responsible for an independent third party’s acts or omissions to the extent the matter is outside CrushKart’s reasonable control.

53.4 This section does not exclude any responsibility that CrushKart cannot lawfully transfer, disclaim or avoid.

53.5 CrushKart will remain responsible for appropriately handling a Customer complaint relating to its own supply obligations, even where a third-party service provider participated in fulfilment.

54. THIRD-PARTY LINKS

54.1 The Website may contain links to social-media platforms, payment services or other external websites.

54.2 External links may be provided for convenience or information.

54.3 Unless expressly stated, CrushKart does not control or endorse the content, security, availability or privacy practices of an external website.

54.4 Customers should review the terms and privacy policies of external websites before using them or submitting information.

54.5 CrushKart is not responsible for an independent transaction entered directly between the Customer and an unrelated third party outside the Website.

55. WEBSITE ACCURACY AND UPDATES

55.1 CrushKart will make reasonable efforts to maintain accurate Product, pricing, stock and policy information.

55.2 The Website may nevertheless occasionally contain:

  1. typographical errors;
  2. outdated content;
  3. formatting issues;
  4. technical inconsistencies;
  5. incomplete information; or
  6. temporary stock inaccuracies.

55.3 CrushKart may correct an error after identifying it.

55.4 Where the correction materially affects an Order, CrushKart will take reasonable steps to inform the Customer and provide an appropriate option.

55.5 CrushKart will not use this section to replace an accepted Product with a materially inferior or different Product without consent.

56. WEBSITE SECURITY AND FRAUD PREVENTION

56.1 CrushKart may use reasonable safeguards to protect the Website and customer transactions.

56.2 No internet-based service can be guaranteed to be completely secure or uninterrupted.

56.3 Customers must take reasonable precautions, including:

  1. using strong passwords;
  2. protecting devices;
  3. avoiding suspicious links;
  4. verifying payment pages;
  5. not sharing one-time passwords; and
  6. promptly reporting suspected Account compromise.

56.4 CrushKart may temporarily suspend a transaction or Account to investigate suspected fraud or security risk.

56.5 CrushKart will not ask a Customer to install an unknown application, disclose a UPI PIN or transfer money to receive a refund.

56.6 Refunds will be processed through an authorised method and will not require the Customer to approve a collect request or disclose confidential banking credentials.

57. PRIVACY AND PERSONAL INFORMATION

57.1 CrushKart’s collection, use, retention, disclosure and protection of personal information will be governed by the Privacy Policy.

57.2 Personal information may be processed where necessary to:

  1. create or manage an Account;
  2. process an Order;
  3. verify payment;
  4. arrange shipping;
  5. communicate with the Customer;
  6. provide support;
  7. prevent fraud;
  8. comply with legal obligations; or
  9. perform another purpose described in the Privacy Policy.

57.3 These Terms and Conditions do not replace the Privacy Policy.

57.4 By using the Website, the Customer acknowledges that certain information must be processed to complete a requested transaction.

58. DISCLAIMERS

58.1 The Website and Products are provided subject to:

  1. the express Product description;
  2. these Terms and Conditions;
  3. the incorporated policies;
  4. any applicable warranty; and
  5. statutory rights.

58.2 Product recommendations, collection names, rankings, gifting suggestions and promotional descriptions are general shopping information and do not constitute professional, medical, technical or safety advice.

58.3 The Customer remains responsible for assessing whether a Product is suitable for a particular recipient or intended use, based on the information reasonably made available.

58.4 CrushKart does not guarantee that:

  1. every Product will suit every Customer’s personal preference;
  2. Website access will always be uninterrupted;
  3. every Product will remain in stock;
  4. every colour will appear identical on every screen; or
  5. a Product will perform a function not stated on the Product Page.

58.5 Nothing in this section excludes responsibility for:

  1. an express Product representation;
  2. a misleading description;
  3. a defective or unsafe Product;
  4. fraud;
  5. wilful misconduct; or
  6. another liability that cannot lawfully be excluded.

59. LIMITATION OF LIABILITY

59.1 Nothing in these Terms and Conditions excludes or limits liability for:

  1. fraud or fraudulent misrepresentation;
  2. wilful misconduct;
  3. gross negligence;
  4. death or personal injury caused by negligence;
  5. supply of an unsafe or defective Product where liability cannot be excluded;
  6. breach of a statutory obligation;
  7. a misleading or unfair trade practice; or
  8. any other liability that cannot lawfully be restricted.

59.2 Subject to clause 59.1 and to the extent permitted by law, CrushKart will not be responsible for loss caused solely by:

  1. misuse of a Product;
  2. use contrary to instructions;
  3. unauthorised modification;
  4. accidental damage after delivery;
  5. incorrect information submitted by the Customer;
  6. use of an unsuitable third-party accessory;
  7. ordinary wear and tear;
  8. an independent third-party act outside CrushKart’s reasonable control; or
  9. a Force Majeure Event.

59.3 CrushKart will not be responsible for an indirect or consequential loss that was not reasonably foreseeable when the Order was placed.

59.4 Where a Customer purchases Products wholly for commercial resale or business purposes, CrushKart will not ordinarily be liable for loss of profit, business interruption, loss of opportunity or other commercial loss, except where such limitation is prohibited by law.

59.5 Any limitation of liability will be interpreted narrowly and consistently with applicable consumer-protection law.

60. CUSTOMER RESPONSIBILITY FOR LOSS CAUSED BY MISUSE

60.1 The Customer may be responsible for direct and reasonably evidenced loss suffered by CrushKart because of the Customer’s:

  1. fraudulent use of the Website;
  2. use of an unauthorised payment method;
  3. malicious interference with Website systems;
  4. knowingly false legal or intellectual-property complaint;
  5. unlawful content submitted for customisation;
  6. deliberate promotional abuse; or
  7. material violation of these Terms.

60.2 CrushKart will not seek disproportionate, punitive or unsupported compensation.

60.3 Nothing in this section restricts a Customer from:

  1. making a genuine complaint;
  2. raising a payment dispute in good faith;
  3. publishing an honest review;
  4. contacting a consumer authority; or
  5. exercising a legal right.

61. FORCE MAJEURE

61.1 Neither party will be treated as having breached an obligation to the extent performance is prevented by a genuine event beyond reasonable control.

61.2 A Force Majeure Event may include:

  1. natural disaster;
  2. flood, fire or severe weather;
  3. epidemic or public-health restriction;
  4. war, terrorism or civil disturbance;
  5. government action;
  6. transport shutdown;
  7. widespread courier disruption;
  8. labour disruption;
  9. power or telecommunications failure;
  10. cyberattack;
  11. failure of a critical service provider; or
  12. another comparable event beyond reasonable control.

61.3 CrushKart will take reasonable steps to:

  1. reduce the effect of the event;
  2. communicate a material delay where practicable;
  3. resume fulfilment when reasonably possible; and
  4. provide an appropriate option where fulfilment becomes impossible.

61.4 Where an Order cannot be fulfilled or is delayed beyond a reasonable period because of a Force Majeure Event, the Customer may be offered cancellation and refund of the unfulfilled portion.

61.5 Force majeure will not be used to excuse a delay or failure that was reasonably within CrushKart’s control.

62. SUSPENSION OR TERMINATION OF ACCESS

62.1 CrushKart may suspend or terminate Website or Account access where the Customer:

  1. materially violates these Terms;
  2. uses the Website fraudulently;
  3. threatens Website security;
  4. infringes intellectual property;
  5. harasses staff or other users;
  6. places repeated false Orders;
  7. raises knowingly fraudulent claims; or
  8. engages in unlawful activity.

62.2 Where appropriate, CrushKart may provide notice and an opportunity to correct the breach.

62.3 Immediate suspension may occur where necessary to prevent:

  1. fraud;
  2. security compromise;
  3. harm to another person;
  4. continuing unlawful conduct; or
  5. material operational disruption.

62.4 Suspension or termination will not affect:

  1. an Order already validly accepted;
  2. a refund already due;
  3. a genuine unresolved grievance; or
  4. rights and obligations that arose before termination.

63. GRIEVANCE REDRESSAL

63.1 Customers may submit a grievance concerning:

  1. an Order;
  2. Product quality;
  3. payment;
  4. delivery;
  5. cancellation;
  6. replacement;
  7. refund;
  8. Website information;
  9. privacy; or
  10. another CrushKart service.

63.2 The Grievance Officer details are:

Name: ______________________________
Designation: Grievance Officer
Address: J4/34, Khirki Extension, Malviya Nagar, New Delhi – 110017

63.3 The Customer should submit a grievance through the official contact channel displayed on the Contact Us and Grievance Redressal page.

63.4 A grievance should include, where applicable:

  1. Customer name;
  2. Order number;
  3. registered email address or phone number;
  4. description of the issue;
  5. date on which the issue arose;
  6. supporting photographs, videos or documents; and
  7. the remedy requested.

63.5 CrushKart may request additional information reasonably necessary to investigate the grievance.

63.6 The Grievance Officer will acknowledge a consumer complaint within 48 hours of receipt and will endeavour to resolve it within one month from the date of receipt, subject to the complexity of the matter and Applicable Law.

63.7 An acknowledgement does not mean that the grievance has been accepted as valid. It confirms that the grievance has been received for review.

63.8 Customers are encouraged to use the internal grievance process before commencing formal proceedings, without affecting their right to approach an appropriate consumer commission, authority or court.

64. GOVERNING LAW AND JURISDICTION

64.1 These Terms and Conditions will be governed by the laws of India.

64.2 Nothing in these Terms limits a consumer’s right to approach a Consumer Disputes Redressal Commission, the Central Consumer Protection Authority, the National Consumer Helpline or another authority having jurisdiction under Applicable Law.

64.3 Subject to statutory consumer jurisdiction, courts of competent jurisdiction in New Delhi will have jurisdiction over disputes concerning these Terms and Conditions or the Website.

64.4 Where Applicable Law permits a consumer to institute proceedings in another competent jurisdiction, nothing in this clause will unlawfully prevent the consumer from doing so.

65. INFORMAL DISPUTE RESOLUTION

65.1 Before initiating formal legal proceedings, CrushKart and the Customer should attempt in good faith to resolve the dispute through customer support and grievance redressal.

65.2 The Customer should provide sufficient information and evidence to enable a fair investigation.

65.3 CrushKart should provide a reasoned response where a claim is rejected.

65.4 The informal process does not prevent either party from seeking urgent relief or exercising a legal right where delay would cause prejudice.

66. CHANGES TO THE WEBSITE

66.1 CrushKart may update, modify, improve, replace or discontinue Website features, Product categories, payment methods and services.

66.2 A Website change will not retrospectively remove a Customer’s right relating to an Order already placed.

66.3 Discontinuation of a Product does not remove CrushKart’s obligation to appropriately fulfil or resolve an Order already accepted.

67. CHANGES TO THESE TERMS AND CONDITIONS

67.1 CrushKart may revise these Terms and Conditions to reflect:

  1. changes in law;
  2. changes to the Website;
  3. changes in business operations;
  4. introduction of new Product categories;
  5. security requirements;
  6. payment or delivery changes; or
  7. improvements in clarity and consumer protection.

67.2 The revised Terms will be published on the Website with an updated effective or last-updated date.

67.3 Changes will ordinarily apply prospectively.

67.4 The terms applicable to an Order will generally be those in effect when the Order was placed, unless:

  1. a change is required by law;
  2. the change benefits the Customer; or
  3. the Customer expressly agrees to the change.

67.5 Continued use of the Website after publication of revised Terms constitutes acceptance of the revised Terms for future use and transactions.

68. SEVERABILITY

68.1 If any provision of these Terms is found invalid, unlawful or unenforceable, it will be limited or interpreted to the minimum extent necessary.

68.2 The remaining provisions will continue in effect unless the invalid provision is fundamental and cannot reasonably be separated from the agreement.

69. NO WAIVER

69.1 Failure or delay by CrushKart in enforcing a provision does not constitute a permanent waiver of that provision.

69.2 An exception granted in one case does not require CrushKart to grant the same exception in another case.

69.3 No waiver will be effective unless clearly communicated by an authorised representative.

69.4 Nothing in this section permits CrushKart to apply policies arbitrarily or unlawfully discriminate between similarly situated Customers.

70. ASSIGNMENT

70.1 The Customer may not transfer contractual rights or obligations under an Order without CrushKart’s consent, except where transfer is permitted by law.

70.2 CrushKart may transfer its rights or obligations as part of a lawful restructuring, merger, acquisition or transfer of business.

70.3 Such transfer will not reduce rights already accrued to the Customer.

71. ENTIRE AGREEMENT

71.1 These Terms and Conditions, together with all documents incorporated by reference, constitute the agreement between CrushKart and the Customer concerning use of the Website and the relevant Order.

71.2 Informal verbal statements will not override the written terms unless:

  1. they are expressly confirmed by an authorised CrushKart representative;
  2. they relate specifically to the Customer’s Order; and
  3. they are consistent with Applicable Law.

71.3 Nothing in this clause permits CrushKart to disregard a clear written representation made to the Customer before purchase.

72. INTERPRETATION

72.1 Section headings are provided for convenience and do not limit the meaning of a provision.

72.2 These Terms must be read as a whole.

72.3 Where a provision is capable of more than one reasonable interpretation, it should be interpreted consistently with:

  1. the transaction as a whole;
  2. the specific Product representation;
  3. good faith; and
  4. applicable consumer-protection law.

72.4 A clause intended to limit a right or remedy will not be interpreted more broadly than its clear wording permits.

73. CONTACT

Questions concerning these Terms and Conditions may be submitted through the official contact information displayed on the CrushKart Website.

Written correspondence may be addressed to:

CrushKart
J4/34, Khirki Extension
Malviya Nagar, New Delhi – 110017

74. CUSTOMER ACKNOWLEDGEMENT

By accessing the Website or placing an Order, the Customer confirms that:

  1. they have had an opportunity to read these Terms and Conditions;
  2. they have reviewed the relevant Product information;
  3. they understand that Product images must be read together with written specifications and quantity information;
  4. they understand the distinction between a preference-based return and a valid Product claim;
  5. they agree to the applicable Order, payment and delivery terms; and
  6. their acceptance does not waive any right that cannot lawfully be waived.

End of Terms and Conditions