GIBO, a company incorporated under the laws of India, having its registered office at 4th Floor, A-1/A, Block, York House, J A Allana, Road, Electric House, Colaba Mumbai City, Maharashtra – 400001, India ("Company"), operates www.gibotoys.com and its mobile and tablet applications ("Platforms"), which inter alia facilitates the purchase of Toys, Baby Products, and such other products sold by the Company under the ‘GIBO’ brand ("Products") to the users of the Platforms ("Users").
What is This Fees And Payments Policy?
Fees And Payment Options
GIBO does not levy any fee for browsing the Platforms. GIBO may, in future, consider levying fees on the Users for using the Platforms as a whole, or for use of certain features of the Platforms. In such an event, you agree to pay any such fees, as applicable. GIBO does not covenant or guarantee providing you with a notice prior to enforcing such a levy of fees. Your continued usage of the Platforms after such change in the fees will be considered to be your acceptance of such changes.
In order to ensure User convenience, GIBO offers multiple payment options to Users. GIBO, without prior notice to Users, reserves the right to add or delete payment options from the ones listed below:
1) Payment through net banking facilities;
2) Payment through select credit cards;
3) Payment through select debit cards;
4) Payment through store credit;
5) Payments through cash on delivery; and
6) Payments through prepaid payment instruments and electronic wallets;
7) Payment through equated monthly instalments (“EMI”);
8) Any other payment option as may be provided by GIBO from time to time.
The payment options referred to above shall hereinafter collectively be referred to as “Payment Options”. While reasonable endeavours are made to offer the Payment Options through varied banking channels, presently, GIBO accepts payments only from major, select banking avenues. GIBO does not accept payments made through international debit/credit cards.
It is expressly clarified that accepting a User’s payment through the Payment Options is solely at GIBO’ discretion. GIBO reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, GIBO may request the User to submit a copy of the User’s photo identity proof (such as the User’s PAN card), failing which, GIBO reserves the right to reject a User’s payment made through the Payment Options.
While using the Payment Options, Users agree to provide correct, complete and accurate financial information such as credit/debit card details or prepaid payment instrument account details which may be stored by GIBO’ third party payment gateway provider. Users shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the User has not been lawfully authorised to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. GIBO disclaims all liabilities that may arise as a consequence of any unauthorised use of the User’s financial information and/or identity, including, details relating the Payment Options.
GIBO shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:
1) a lack of authorisation for any transaction, including such transactions carried out on gift cards and vouchers issued to Users as a part of GIBO’ promotions;
2) the exceeding of the credit/debit limit mutually agreed between the User and the issuing bank;
3) any payment issue arising out of technical glitches occurring during a transaction; or
4) a declination of transaction for reasons beyond GIBO’ control.
GIBO reserves the right to impose limits on the number of transactions a User may undertake over the Platforms. Should the User exceed such transaction limits imposed by GIBO, GIBO reserves the right to refuse to process such transactions. GIBO may refuse to process transactions emanating from Users who have suspicious or questionable transaction history on the Platforms. Should GIBO be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Platforms, GIBO shall have the right to reject such transactions. GIBO may also choose to delay the dispatch of Products purchased by such Users or cancel the entire purchase at its sole discretion. The User agrees that GIBO shall not be liable for any damage, interests or claims resulting from GIBO’ decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the Platforms.
Unless specified otherwise, all the Products listed on the Platforms shall be sold in Indian Rupees either at maximum retail price or at an offer or discounted price, with or without applicable taxes. Despite GIBO’ best efforts, there may be instances of mispricing of Products on the Platforms during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Platforms, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, GIBO’ curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Product against the price published on the Platforms is set out below:
1) If the maximum retail price of the Product delivered to the User is lower than the price published on the Platforms, the User shall, within 24 (twenty-four) hours from the time when he/she received the Product, intimate GIBO by calling 9136611006 (Monday to Friday – 10:00 am to 5:00 pm IST) or by writing to [email protected] each case resulting in an acknowledgment. Upon GIBO being satisfied of the User’s claim, the difference in the purchase price against the maximum retail price shall be refunded as store credit or transferred into the User’s bank account within 15 (fifteen) working days from the date of receiving the written notice from the User.
2) If the maximum retail price of the Product listed on the Platforms is higher than what has been published and if GIBO is not providing an offer or discount on such Products, GIBO shall have the right to reserve the despatch of the purchased Products until the error on the Platforms have been rectified and the User pays the difference amount. If the User refuses to pay the difference, the User is entitled to seek a cancellation and the monies paid by the User shall be refunded as store credit or transferred into the User’s bank account within 15 (fifteen) working days by GIBO.
3) In order to process such refunds, the User will be required to send an email to GIBO at [email protected], the User will receive a refund if the initial mode of payment for the order was ‘cash on delivery’. If the initial mode of payment for the order was through a Payment Option other than the ‘cash on delivery’ option, GIBO may transfer the refund to the User’s source account that was used to make the initial payment.
To enable Users to make payments for buying Products on the Platforms, in addition to this FPP Policy, the terms and conditions of the User’s bank, applicable financial institution and/or card issuing association may be applicable. The User’s bank, financial institution or card issuing association may decline or prevent the User from making electronic payments for buying the Products on the Platforms and GIBO does not control the same and hence, shall not be at any point in time held liable.
GIBO may, from time to time contract with third party payment service providers including banks, to open nodal bank accounts under applicable Indian laws. This will be done to facilitate the payments between Users and other third parties, apart from GIBO. These third parties may include other service providers including payment aggregators, prepaid instrument providers, courier and logistic service providers etc. Upon successful delivery of the Products purchased by you through the Platforms, GIBO shall initiate payments to third party service providers.
If it is brought to the User’s notice that a charge has been created on his/her payment instrument(s) for purchase of Product(s) on the Platforms and the User is not aware of such purchase on the Platforms, the User is first, required to verify if his/her family members, friends or business colleagues were authorised to carry out the purchase of Product(s) on the Platforms. If, despite this, the User continues to be unable to identify the charge created on his/her payment instrument(s) for purchase of Product(s) on the Platforms, the User may report such unauthorised purchase to GIBO within 30 (thirty) days from the date on which the unauthorised purchase was carried out on the Platforms in order to enable GIBO initiate investigations.
If the User carries out a purchase on the Platforms and the payment in lieu thereof has been invalidated, GIBO reserves the right to retrieve the invalidated payment (“Invalidated Payment”) from the User’s store credit. Should the User have insufficient store credit in order to facilitate such redemption of the Invalidated Payment, the User shall within 5 (five) business days from the date of receiving a written notice from GIBO, remit the Invalidated Payment into GIBO’ bank account, details of which shall be set out in the notice. If the User fails to remit the Invalidated Payment into GIBO’ bank account despite having received the notice, GIBO shall be entitled to initiate civil and/or criminal legal action against the defaulting User at his/her cost and peril.
Cash on Delivery: The ‘cash on delivery’ Payment Option allows Users to make a cash-only payment to GIBO’s delivery executive or logistic partner at the time of delivery of the purchased Product to the User. Presently, GIBO offers a maximum order value of INR 5,000 (Indian Rupees Ten Thousand) under the cash on delivery Payment Option. GIBO reserves the right not to provide cash on delivery Payment Option for certain Products (these could be Products specified by GIBO or Products with value exceeding a specified amount) or locations. Users are required to peruse and accept the terms set out under the Return and Refund Policy which sets out the terms of refunds for transactions carried out using the cash on delivery Payment Option.
Store Credit: If a User cancels an order for which payment has already been made to GIBO, the User shall have an option to convert the monies paid towards the order into store credit. In addition to paragraph 3.7.3 above, any and all refunds with respect to Product(s) purchased through the ‘cash on delivery’ Payment Option will be transferred as store credit into the User’s store credit account. GIBO may also, at its sole discretion, grant Users with store credit. The store credits can be used by the User for future purchases only in-store (offline). In the eventuality of a User wishing to deactivate his/her account with GIBO, the User agrees that all store credit available on the User’s store credit account, if any, will automatically stand forfeited, and GIBO will not be required to process any refunds in any manner whatsoever. The User therefore agrees to use and exhaust any existing store credit prior to requesting for a deactivation of his/her account on the Platforms. Notwithstanding anything to the contrary, any refund of store credit to customers will be at the sole discretion of GIBO. If GIBO suspects any fraudulent activities, GIBO reserves its right to hold back transfer of any store credits to customers.
EMI: The EMI Payment Option allows Users to make staggered payments for the purchase of Products from the Platforms. The EMI Payment Option can be availed only for the purchase of Products with a minimum cart value of INR 10,000 (Indian Rupees Ten thousand). The EMI Payment Option is only available for payment through credit cards issued by selected banks as specified on the Platforms. The terms and conditions of the relevant banks shall be applicable on all payments made by Users using the EMI Payment Option, and GIBO will not be responsible or liable for any issues or claims arising from the use of this Payment Option.
Any grievances relating to the FPP Policy may be directed by you to the grievance officer of GIBO who can be contacted at [email protected]