Other Policies

GLOSSARY OF TERMS

API

Application programming interface

BIV

BooknBook Infringement Verification

BooknBook

Business name and style by which the Company, Lion Pillar Consulting & Marketing Pvt Ltd, does business of online book retailing

Buyer

the User who buys products and services on the Website

CB

Charge Back or Charge back

Company or Lion Pillar

Lion Pillar Consulting & Marketing Pvt Ltd

Customer Support Team

Team of people who are employed by the Company to interact with Users to provide information in response to queries, inquiries and complains; and the team handles and resolves it.

Directors

The directors who are on the Board of Directors of the Company

Display Name or User Name or Login ID

Alphabetical, numeric or alphanumeric name used/created/ registered by the User to have an access of the Website and its services.

Email

Electronic mail

FEMA

Foreign Exchange Management Act, 1999 and subsequent amendments thereof

Government or Central Government

The Government of India

IP

Intellectual Property

IPR

Intellectual Property Rights

IP Owner

Entity, legal or otherwise which owns intellectual property

Products

Products which are traded on the Website

RBI

Reserve Bank of India

Rs., Rupees, Rupee or Indian Rupees

Legal currency of India for the time being

Seller

the User who sells or tends to sell products and services on the Website

Services

Services provided by BooknBook to acilitates the online sale and purchase of products

User or You or Your

Anybody who uses or browse through the Website

Website or We or Our

www.BooknBook.in or www.booknbook.in

 

POLICIES

 

1.       Profanity Policy

BooknBook prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on the Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow the Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

a.       Report offensive Display Names

b.       Report offensive language in a listing or otherwise

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.

BooknBook 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:

a.       Limits placed on account privileges;

b.       Loss of special status;

c.        Account suspension.

 

2.       Replacement Guarantee*

The Replacement Guarantee seeks to assist the 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 new and unused 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 BooknBook 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 BooknBook 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.

BooknBook reserves its right to initiate civil and/or criminal proceedings against User who, files a invalid and/ or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, BooknBook 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.

 

3.       Payment Policy

BooknBook makes your online transaction secure with the highest levels of transaction security currently available on the Internet; it uses best possible encryption technology to protect your card information while securely transmitting it to the respective banks for payment processing. All credit card and debit card payments on BooknBook are processed through secure and trusted payment gateways which generally uses 3D Secure password service for online transactions, providing an additional layer of security through identity verification.

BooknBook stores your card number in a secure and encrypted manner to the extent possible.

BooknBook accepts VISA, MasterCard, Maestro and American Express credit/ debit cards subject to the regulatory norms and payment gateway conditions.

 

4.       Returns Policy

Definition: 'Return' is defined as the action of giving back the new and unused item purchased by the Buyer to the Seller on the BooknBook website. Following situations may arise:

a.       Item was defective

b.       Item was damaged during the Shipping

c.        Products was / were missing

d.       Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

a.       The Seller can always accept the return irrespective of the policy.

b.       If the Seller disagree a return request, the Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case the Buyer orders a wrong item, the Buyer shall not be entitled to any return/ refund.

The Buyer needs to raise the refund request within 7 days from the date of payment realization. Once The Buyer has raised a return request by contacting Us, the Seller while closing the return ticket can select one of the following:

a.       Replace after shipment collection - the Seller has agreed to wait for the logistics team to collect the shipment from the Buyer before replacing it)

b.       Refund after shipment collection - the Seller has agreed to wait for the logistics team to collect the shipment from the Buyer before refunding)

c.        Refund without shipment collection - the Seller has agreed to refund the Buyer without expecting the original shipment back)

d.       Replace without shipment collection - the Seller has agreed to replace the order without expecting the original shipment back)

e.       On certain select days as specified by BooknBook separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, the 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 the Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category

Condition

Books

Should be "New & Unworn" (other than for trial)

Magazines

Should be "New & Unopened"

Novels

Should be "New" and returned with original packaging

eBooks

Should not be downloaded (see Terms of Use)

 

If the product being returned is not in accordance with the above parameters, then the 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.

 

5.       Replacement

Definition: Replacement is the action or process of replacing something in place of another. The 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:

a.       the Seller can always accept the return irrespective of the policy.

b.       If the Seller disagrees for a return request, the Buyer can file a dispute under the Buyer Protection Program.

The Buyer need to raise the replacement request within 3 days from the date of receipt of products. Once the Buyer has raised a replacement request by contacting BooknBook, the following steps shall be followed by BooknBook:

  1. The Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:

a.       Shipping was damaged

b.       Item was defective

c.        Item Dead on Arrival

d.       Item(s) were missing

e.       Wrong item sent

  1. Intimation shall be provided to the Seller seeking either "approval" or "rejection" of the replacement request.
  2. In case the Seller accepts the replacement request, the Buyer shall be required to return the product to the Seller and only after return of the product, the Seller shall be obliged to provide the replacement product to the Buyer.
  3. Incase the Seller rejects the replacement request, the Buyer can choose to raise a dispute by writing to info@BooknBook.com.

In case the Seller doesn't have the product at all, the Seller can provide the refund to the Buyer and the 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 the Buyer and the 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.

 

6.       Disputes (Resolutions) Policy

a.       Overview

Generally, transactions are conducted smoothly on BooknBook. However there may be some cases where both the Buyers and the Sellers may face issues. At BooknBook, we have a Dispute Resolution process in order to resolve disputes between the Buyers and the Sellers.

b.       What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between the Buyer and the Seller in connection with a transaction on the Website.

c.       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 the Buyer and/ or the Seller raises a dispute, they should attempt to solve the issue. Please note that whenever the Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

d.       How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to info@BooknBook.com, while the Seller can write to info@BooknBook.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

e.       What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

1.       Wrong item received

2.       Item Not as described

3.       Damaged or Seal broken on Product

4.       Part/ Accessory missing

5.       Item not Compatible

6.       the Seller Description/ Specification Wrong

7.       Defective (Functional issues)

8.       Product not working and Manufacturer claims invalid Invoice

In case the Seller rejects the return request of the Buyer, and the Buyer raises a dispute, then BooknBook 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, the Buyer is not entitled to refund.

 

7.       Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, BooknBook will actively work towards reaching a resolution.

The Buyer Protection Program covers the 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 info@BooknBook.com if the issue with the Seller is not resolved. BooknBook'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, BooknBook's Customer Support Team will facilitate a conference call including the Seller and the Buyer.

When a dispute has been raised, BooknBook may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. The Buyers and the Sellers are subject to final consent from BooknBook for settling the dispute.

 

8.       The Buyer Eligibility and Restrictions

a.       Only the Buyers who have purchased the product on BooknBook are eligible for the Buyer Protection Program.

b.       The Buyers can file a dispute within 10 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. The Buyers should refuse to accept delivery if the item is damaged.

d.       To be able to take advantage of the Buyer Protection Program, the 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 BooknBook by writing an email to info@BooknBook.com

e.       Fraudulent charges and claims are not covered under the Buyer Protection Program

f.         If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under the Buyer Protection Program, though in such cases the Seller can file a claim through the Seller Protection Program.

g.       Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

h.       The Buyers who have reached their maximum lifetime limit for claims are also not eligible. The Buyers can make a maximum of 5 claims per year on BooknBook. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs.3,000

i.         Through the Buyer Protection program, BooknBook does not provide any guarantee/ warranty to the Buyers for products sold on BooknBook against technical/ manufacturing defects.

j.         Raising disputes against the Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. BooknBook shall verify the disputes so raised and may process only such claims that are valid and genuine.

k.        BooknBook shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any of the Buyer or the 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.      BooknBook reserves its right to initiate civil and/ or criminal proceedings against the User who, files an invalid and/ or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, BooknBook 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 BooknBook under the Buyer Protection Program shall be final and binding on its Users.

o.       BooknBook reserves the right to modify / discontinue the Buyer Protection Program without any prior notice period to its Users.

p.       Through this program, BooknBook shall not entertain claims of the Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

q.       BooknBook Customer Support Team may seek additional information / clarification from the Buyer to facilitate resolution of the dispute. In the event the Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

 

9.       Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/ bank, following situations may arise:

1. Item not received CB - The Buyer hasn't received the item. Refund will be created in accordance with the dispute policies

2. Unauthorized CB - The Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

The Seller expressly agrees that issue of the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, the Seller shall ensure that invoices state "Traded on BooknBook" and failing to do so the Seller will be liable for charge backs (as applicable).

3. Item not as described - meaning item is not what the Buyer expected. Dispute will be decided in accordance with the dispute policies.

 

10.    Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by BooknBook. BooknBook encourages its Users to be professional, courteous and respectful when communicating by email.

However, BooknBook will investigate and can take action on certain types of unwanted emails that violate BooknBook policies.

Such instances:

  1. Threats of Bodily Harm - BooknBook does not permit Users to send explicit threats of bodily harm.
  2. Misuse of BooknBook System - BooknBook allows Users to facilitate transactions through the BooknBook system, but will investigate any misuse of this service.
  3. Spoof (Fake) email - BooknBook 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.
  4. Spam (Unsolicited Commercial email) - BooknBook's spam policy applies only to unsolicited commercial messages sent by BooknBook Users. BooknBook Users are not allowed to send spam messages to other Users.
  5. Offers to Buy or Sell Outside of BooknBook - BooknBook prohibits email offers to buy or sell listed products outside of the BooknBook Website. Offers of this nature are a potential fraud risk for both the Buyers and the Sellers.

BooknBook policy prohibits user-to-user threats of physical harm via any method including, phone, email and on public message boards of BooknBook.

Violations of this policy may result in a range of actions, including:

  1. Limits on account privileges
  2. Account suspension
  3. Cancellation of listings
  4. Loss of special status

 

11.    Other Businesses

BooknBook 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, BooknBook assumes no responsibility for examining or evaluating the products and services offered by them. BooknBook do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). BooknBook does not endorse, in any way, any third party website(s) or content thereof.

 

12.    BooknBook Infringement Verification (BIV) - Reporting Listing Violations

BooknBook has put in place BooknBook Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in BooknBook's interest to ensure that infringing products are removed from the site, as they erode the Buyer and good the Seller trust.

1.       If you are a Verified Rights Owner and want to report a listing issue, see BooknBook's BIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through BIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

2.       If your listing was removed through BIV, and you believe that your listing was removed in error, please contact us.

BooknBook does not and cannot verify that the Sellers have the right or ability to sell or distribute their listed products. However, BooknBook is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to BooknBook.

BIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. BIV 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 BooknBook is encouraged to become a BIV member.

Program membership entitles you (Verified Rights Owner) to the following benefits:

1.       Rapid response by BooknBook in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing

2.       Dedicated priority email queues for reporting alleged infringements

3.       The ability to obtain identifying information about BooknBook's users'

 

13.    How to Become a BIV Member

To join the BIV, 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 BooknBook 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 info@BooknBook.com.

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 without formal notice from an authorized rights owner.

 

14.    Notice of Infringement

 

To,

BooknBook

Lion Pillar Consulting & Marketing Private Limited

_______________________

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:


 

1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").

2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, orthe law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

3. I may be contacted at:

Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax _____________________________________________________________

Date _________________________________________________________________

and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________

on [date] ___________________________________ in [place]________

Truthfully,

Signature

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, BooknBook will inform the 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.

Trademark-infringement

1. Trademark owner doesn't make this type of product or has discontinued the production of the product

2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

3. Listing(s) has unlawful comparison to trademark owner's brand or product

4. Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

5. Software is being offered without any license or in violation of a license

6. Item(s) is a bootleg recording;

7. Item(s) is an unlawful copy (software, games, movies, etc.);

8. Item(s) is unlawful duplication of printed material

9. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

9. Listing(s) comprises unauthorized copy of copyrighted text

10. Listing(s) comprises unauthorized copy of copyrighted image

11. Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to info@BooknBook.com; and legal@BooknBook.com.

 

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