5.Disputes (Resolutions) Policy
6.Buyer Protection Program
7.Buyer Eligibility and Restrictions
8.Disputes via Chargeback
9.Email Abuse & Threat Policy
11.Viral Infringement Verification (VIV) – Reporting Listing Violations
12.How to Become a VIV Member
13.Notice of Infringement
15.Contacting the Seller
Viral prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
Please report any violations of this policy to the correct area for review:
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
Viral will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If Viral has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Viral may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
Viral reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Viral may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to s/help/cancellation-returns
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Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Viral website. Following situations may arise:
Return could also result in refund of money in most of the cases.
Points to be noted:
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn’t close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
|Electronics||Should be included|
|Clothing and Footwear||Should be “New & Unworn” (other than for trial)|
|Beauty, Health & Personal Care||Should be “New & Unopened”|
|Sports & Equipment||Should be “New” and returned with original packaging|
|Office Products||Should be “New” and returned with original packaging|
|Jewellery||Should be “New” and returned with original packaging|
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
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Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:
In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn’t respond to the Buyer’s replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
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Generally, transactions are conducted smoothly on Viral. However there may be some cases where both the Buyers and Sellers may face issues. At Viral, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a ‘dispute’ occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can write to dispute @Viralpresent@gmail.com , while the Seller can write to firstname.lastname@example.org in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of ‘disputes’?
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Viral will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
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In case of a dispute where the Seller is unable to provide a refund or a replacement, Viral will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
The Buyer can write to resolution @Viralpresent@gmail.com if the issue with the Seller is not resolved. Viral’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
In due course of resolution, Viral’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.
When a dispute has been raised, Viral may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Viral for settling the dispute.
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a) Only the Buyers who have purchased the product on Viral are eligible for the Buyer Protection Program.
b) Buyers can file a dispute within 45 days from the date of delivery of the product
c) Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
d) To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Viral by writing an email to resolution @email@example.com.
e) Fraudulent charges and claims are not covered under Buyer Protection Program
f) If the Buyer has already initiated charge back through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
g) Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
h) Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Viral. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs 50,000
i) Through the Buyer Protection program, Viral does not provide any guarantee/warranty to Buyers for products sold on Viral against technical/manufacturing defects.
j) Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Viral shall verify the disputes so raised and may process only such claims that are valid and genuine.
k) Viral shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
l) Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
m) Viral reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Viral may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
n) Decisions made by Viral under the Buyer Protection Program shall be final and binding on its Users.
o) Viral reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
p) Through this program, Viral shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
q) Viral Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favor of the Seller.
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Whenever a charge back (CB) comes from a payment gateway/bank, following situations may arise:
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state “Powered by Viral” and failing to do so Seller will be liable for charge backs (as applicable).
Private communication, including email correspondence, is not regulated by Viral. Viral encourages its Users to be professional, courteous and respectful when communicating by email.
However, Viral will investigate and can take action on certain types of unwanted emails that violate Viral policies.
Threats of Bodily Harm – Viral does not permit Users to send explicit threats of bodily harm.
Misuse of Viral System – Viral allows Users to facilitate transactions through the Viral system, but will investigate any misuse of this service.
Spoof (Fake) email – Viral will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
Spam (Unsolicited Commercial email) – Viral’s spam policy applies only to unsolicited commercial messages sent by Viral Users. Viral Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Viral – Viral prohibits email offers to buy or sell listed products outside of the Viral Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Viral policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
Viral does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Viral assumes no responsibility for examining or evaluating the products and services offered by them. Viral do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Viral does not endorse, in any way, any third party website(s) or content thereof.
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Viral has put in place Viral Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Viral’s interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
Viral does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Viral is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Viral.
VIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. VIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Viral is encouraged to become a VIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
To join the VIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Viral to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at firstname.lastname@example.org
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
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Viral Present Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Viral will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
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Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
At Viral we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at 9677912463.
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This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Viral does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Viral will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Viral does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.