Terms of Service

 

In using this website you are deemed to have read and agreed to the following important Terms and Conditions

And must accept all of the policies contained in this Agreement and the page including the Privacy Policy and the Acceptable Use Policy. You should read all of these terms carefully.

 

Content

Mandi Bazaar are intended to offer information for people shopping our seller products and accessing our services, including making purchases via our website and registering on our database to receive e-mails from us.

While we endeavour to supply accurate information on this site, errors and omissions may occur. The Mandi Bazaar does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. Buyers and Sellers are solely responsible for the actions taken in reliance on the content on, or accessed, through this site.

The Mandi Bazaar reserves the right to make changes to the content on this site at any time and without notice.

To the extent permitted by New Zealand law, The Mandi Bazaar makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.

Contract: 

By agreeing to the terms and conditions of Mandi Bazaar then you are agreeing to that fact that Mandi Bazaar is an online platform that enables you to sell and buy products listed on the website at the price indicated therein at any time for any location, herein you further agree that Mandi Bazaar is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Sale of products on the website shall be bipartite contract between you and the sellers in MandiBazaar.co.nz

Representation:

Mandi Bazaar does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Mandi Bazaar does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Mandi Bazaar accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Mandi Bazaar does not take any warranty of content, information, software, products, services and related graphics on the website.

Breach of Contract:

Mandi Bazaar is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Mandi Bazaar cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Mandi Bazaar shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

Warranty: Mandi Bazaar does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Mandi Bazaar advises to independently verify the bona fides of any particular.

Right, Title or Interest over product: Mandi Bazaar does not hold any right, title or interest, nor have any obligations or liabilities in respect of any contracts entered into between buyers and sellers. Mandi Bazaar does not take any responsibility for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Bipartite contract: Mandi Bazaar is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

Limitation of Liability: Mandi Bazaar shall not be liable in any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

Refusing or cancelling orders

In the unlikely event that the product\s ordered are no longer available seller or MandiBazaar reserve the right to refuse or cancel any orders that they believe, solely by seller’s own judgement, to be placed for commercial purposes, e.g. any kind of reseller. Seller \ MandiBazaar also reserve the right to refuse or cancel any orders that seller \ MandiBazaar believe, solely by thier own judgement, to have been placed fraudulently and/or any other reasons.

Mandi Bazaar right to cancel orders applies to orders that have been accepted.

Payment

We currently accepting the following types of payments:

  1. PayPal
  2. Poli
  3. Credit cards:
  • Visa
  • MasterCard

 

Details:

  1. PayPal

Customer can pay using PayPal account, by sign up on their website. There is zero fees apply to customer. The fees is paid by Mandi Bazaar.

 

  1. Poli

POLi is the online payment option which allows you to use your internet banking facility to safely pay for goods and services purchased online.

In simple terms, POLi helps you to make an internet banking payment to Mandi Bazaar in a secure way, and ensures that you get all the payment details right. It does not capture, store or disclose any of your sensitive details (including account numbers and internet banking logon or passwords). Currently the following banks are supported by Poli:

* Bank of New Zealand
* ANZ or The National Bank
* Westpac
* ASB
* TSB Bank
* Bank Direct
* Kiwibank

 

  1. Credit Cards:

You can also pay by using your credit cards, such as Master Card and Visa Card.

While availing any of the payment method/s available on the Website, Mandi Bazaar will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. The decline of a transaction for any other reason/s.

Check more information on "Payments, Pricing & Promotions

Security

We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.

You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or a shared computer.

 

Disputes (Resolutions) Policy

When a dispute arises between buyers and sellers, buyers should first contact sellers directly to try to find a solution. If the parties cannot resolve their dispute, at Mandi Bazaar, has a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

Dispute Resolution Process:

If the buyer and the Seller are unable to come to an agreement, you can escalate the Dispute to a Claim within 10 Days after opening the Dispute.

Buyer must wait at least 10 Days from the date of payment to escalate a Dispute for an Item Not Received (INR) unless the Dispute is for $200.00 or more. If you do not escalate the Dispute to a Claim within 20 Days, Mandi Bazaar will permanently close the Dispute.

During the Claim process, Mandi Bazaar may require you to provide documentation to support your position.

 Once a Dispute has been escalated to a Claim, Mandi Bazaar will make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that Mandi Bazaar specifies. Mandi Bazaar retains full discretion to make a final decision in favor of the buyer or the Seller. In the event that Mandi Bazaar makes a final decision in favor of the buyer or Seller, each party must comply with Mandi Bazaar’s decision. Mandi Bazaar will generally require the buyer to ship an item that the buyer claims is for Significantly Not as Described back to the Seller (at the buyer’s expense), and Mandi Bazaar will generally require a Seller to accept the item back and refund the buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her Mandi Bazaar fees associated with the transaction. If you are a Seller and you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back. 

Buyer Protection Process

Situations where Buyer Protection Process Works:

  1. In a case of a dispute where the Seller is unable to provide a refund or a replacement, Mandi Bazaar will actively work towards reaching a resolution.
  2. The Buyer Protection Process covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
  3. The Buyer can write to resolution@mandibazaar.co.nz if the issue with the Seller is not resolved. Mandi Bazaar’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.
  4. In due course of resolution, Mandi Bazaar’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.
  5. When a dispute has been raised, Mandi Bazaar may provide both the parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Mandi Bazaar for settling the dispute.

If you are a buyer then you are subject to following restrictions:

There is a limitation period of 10 calendar days (17:00 pm on the 10th day) in which you have to file the complaint after making payment.

The first step which a buyer should take is to contact the seller to resolve the dispute. 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 Mandi Bazaar by writing an email to resolution@mandibazaar.co.nz

In following Circumstances in which the item delivered is considered to be “materially different”:

1. Wrong product (as per the invoice stating) 

2. Item condition or details not as describe,

3. Missing parts or components,

4. Defective or damaged item,

5. Expired item (Unless specified on invoice and customer has been advised and agreed).

Please note: that if disappointment with the satisfaction of the item will not be a ground under ‘materially different’.

Limitation Period: The consumer must wait for at-least 15 days from the date of purchase. From that point, the limitation period extends to 30 days to submit the claim.

Requirements to Submit a Complaint:

1. The claim must be timely filed,

2. If you have received a materially different item, you must contact the seller within seven 7 days of payment to request return information,

3. If your item becomes defective more than 30 days past the purchasing date and it is under warranty, you must contact the seller for repair or replacement,

4. If you paid by credit card and the issuing bank has initiated a chargeback, then you are not eligible for coverage.

 

Submit a Complaint: For submitting complaints please email us at resolution@mandibazaar.co.nz

Consumer Guarantees Act 1993

The Consumer Guarantees Act sets out minimum standards for goods sold by at Mandi Bazaar. In the event that items sold are deficient or are faulty, the seller has the obligation to repair, replace or refund.

Fair Trading Act 1986

The Fair Trading Act is designed to protect the customer from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.

Returns Policy

While the Consumer Guarantees Act and Fair Trading Act provide the basis for The Mandi Bazaar’s returns policy, we, in fact, go above and beyond the expectation of these two statutory laws. The Mandi Bazaar has a 30 Days Money Back Guarantee if the buyer is not satisfied with the order received due to:

1. Wrong product (as per the invoice stating) 

2. Item condition or details not as describe,

3. Missing parts or components,

4. Defective or damaged item,

5. Expired item (Unless specified on invoice and customer has been advised and agreed).

 For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective. It's this policy that provides you peace of mind while shopping at Mandi Bazaar.

Where you have simply changed your mind, you will not be covered by the seller or MandiBazaar. This only applies to all purchases that are still in an as-new condition. 

All products returned must be in their original unused condition, specifications and packaging (unless faulty), along with any accompanying accessories/Guarantees/Instructions together with the invoice and/or packing slip accompanying the products. Products cannot be returned if they have been engraved, modified, damaged, altered or sized.

All purchases must be returned and inspected before any refund will be granted 
   
We do not accept returns outside of New Zealand. This is because of the costs of customs fees and taxes on re-entry back into NZ. 
Where the products are faulty or damaged due to manufacturing faults seller will either:

  1. replace the products; or
  2. repair the product under the manufacturers' \Seller guarantee;
  3. give you a full refund. 
       

Manufacturing defects do not include normal wear and tear and any damaged caused by accidental or non-accidental damage.

Buyers can make a maximum of 5 claims per year on Mandi Bazaar. If the claim was withdrawn, it is not counted. The coverage amount will be limited to total purchase price of the invoice.

Buyers are not entitled to immediate refund of money or replacement of the product. Mandi Bazaar will be first verifying the dispute and will be processing the claims that are valid and genuine.

Claims related to ‘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.

(Disclaimer) Don’t initiate invalid or false claim or don’t provide incomplete or misleading information because Mandi Bazaar reserves right to initiate civil and/or criminal proceeding against you in these cases.

If there is a delay in shipment or delivery of the item by seller then you cannot file a complaint or entertain any claim from Mandi Bazaar through this mechanism.

Changes to this Agreement

The Mandi Bazaar reserves the right to alter, modify or update these terms and conditions of use. These terms apply to seller and partially buyers order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future transactions. The amended terms on this site automatically take effect 21 days, after they are updated, the sellers and buyers will get the notification, when they login first time, after updating the site, to read and accept the new terms and conditions, if whatsoever the reason, the buyer or seller is not accepted new changes, automatically, buyer or seller’s access will be denied. 

Delivery

No order will be delivered to New Zealand PO Box address in any circumstances

Packing & shipping items

At any time customer can place the order and system will generate an email and send it to the seller. This will be the seller's responsibility to check twice in an hour if any order has been received.

Once seller receives the order, the order should be packed within 2 hours, after receiving the order (between 08:30am to 18:30pm, Mon to Fri) and shipping action will be taken as per below:

-            Picked by Customer

-            Deliver by Seller

-            Deliver by Courier.

When packing your item, keep these things in mind:

Choose a box that's slightly larger than the item you're sending so you can cushion the item with packing material on all sides. Make sure your box is in good condition and sturdy enough to survive the trip.

Pack the item with bubble wrap, peanuts, foam, or paper so there's no room for your item to move around in the package. 

 

Tip: If you're shipping very fragile items, like glass bottle items etc, we strongly recommend you use something more secure than paper to pack your items.

Use clear or brown packaging tape, reinforced packing tape, or paper tape. The tape should be at least 2 inches wide. Don't use masking tape, cellophane tape, cord, string, or twine. Tape the opening of the box and reinforce all seams.

Properly label the package and include a return address. If you're reusing a box, turn around the box and tape the box.

Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements:

"Proof of Shipment" is online or physical documentation from a shipping company or Seller that includes all of the following:

  • The date the item is shipped.
  • The recipient's address, showing the complete address with postal code
  • "Proof of Delivery (for tangible items)" is online documentation from a shipping company that includes all of the following:
  1. The date the item is delivered or
  2. Delivered by seller.
  3. Signature Confirmation is required in both cases, means any compelling evidence to show the order has been delivered.

Restricted Activities. 

In connection with use of our website, Buyer and seller Account, the Mandi Bazaar Services, or in the course of your interactions with Mandi Bazaar, other Users, or third parties, you will not:

  1. Breach this Agreement, the Acceptable Use Policy or any other Policy that you have agreed to with Mandi Bazaar;
  2. Violate any law, statute, ordinance, or regulation;
  3. Infringe Mandi Bazaar’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. Sell counterfeit goods;
  5. Act in a manner that is defamatory, trade libellous, threatening or harassing to Mandi Bazaar employees, agents or other Users;
  6. Provide false, inaccurate or misleading Information;
  7. Engage in potentially fraudulent or suspicious activity and/or transactions;
  8. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  9. Receive or attempt to receive funds from both Mandi Bazaar and the buyer, bank or credit card issuer for the same transaction during the course of a dispute;
  10. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  11. Conduct your business or use the Mandi Bazaar Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Mandi Bazaar, other Users, third parties or you;
  12. Use your Account or the Mandi Bazaar Services in a manner that Mandi Bazaar, Visa, MasterCard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  13. Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
  14. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  15. Send unsolicited email to a User or use the Mandi Bazaar Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  16. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  17. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  18. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  19. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Mandi Bazaar Services; or
  20. Take any action that may cause us to lose any of the services from our Internet service providers, buyers, or other sellers.

Actions by Mandi Bazaar – Restricted Activities. If Mandi Bazaar, in its sole discretion, believes that buyer or seller may have engaged in any Restricted Activities, Mandi Bazaar may take various actions to protect Mandi Bazaar, Affiliates other Users, other third parties or Buyer or seller from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions Mandi Bazaar may take include but are not limited to the following:

  1. Mandi Bazaar may close, suspend, or limit buyer or seller access to Account or the Mandi Bazaar Services;
  2. Mandi Bazaar may suspend the eligibility  for Mandi Bazaar Buyer Protection and/or Mandi Bazaar Seller Protection;
  3. Mandi Bazaar may refuse to provide the Mandi Bazaar Services to buyer \ seller now and in the future; and
  4. Mandi Bazaar may hold your funds for a period of time reasonably needed to protect against the risk of liability to Mandi Bazaar or a third party, or if Mandi Bazaar believe that buyer\seller may be engaging in potentially fraudulent or suspicious activity and/or transactions. 

Closing Your Account.

How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited.

Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may not transfer your funds to protect Mandi Bazaar, Affiliates, customers or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

Your Liability.

You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Mandi Bazaar, a buyer, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Mandi Bazaar Services. You agree to reimburse Mandi Bazaar, a buyer, or a third party for any and all such liability.

Liability for Claims under Mandi Bazaar Buyer Protection:

If you are a Seller and you lose a Claim filed directly with Mandi Bazaar, you will be required to reimburse Mandi Bazaar for your liability. Where you receive payment from a Mandi Bazaar Account holder and we determine under the Buyer Protection policy that the funds received should be returned or reversed, you will be required to reimburse Mandi Bazaar for your liability (before receiving payment from a Mandi Bazaar Account holder, you should review the relevant Mandi Bazaar Buyer Protection policies). Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back), and the Mandi Bazaar Fees that you were charged for the transaction. Mandi Bazaar Seller Protection will cover your liability for eligible Claims based on Item not Received, and eligible Unauthorized Transactions - see (Mandi Bazaar Seller Protection) above.

If a buyer files a Significantly Not as Described Claim for an item buyer purchased from seller, seller will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your Mandi Bazaar Fees. Further, if you lose a SNAD Claim because Mandi Bazaar, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and seller might not receive the item back from the buyer (for instance, it may be disposed of or otherwise irreversibly dealt with). Mandi Bazaar Seller Protection will not cover your liability for SNAD Claims. 

Marketing. If seller receive Information about buyer through the Mandi Bazaar Services, you must keep the Information confidential and only use it in connection with the Mandi Bazaar Services.  Seller may not disclose or distribute a buyer's Information to a third party or use the Information for marketing purposes unless you receive the buyer's express consent to do so.

Taxes. It is seller responsibility to determine what, taxes apply to the payments seller make or receive, and it is seller responsibility to collect, report and remit the correct tax to the IRD. Mandi Bazaar is not responsible for taxes apply to seller transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

No Waiver. Mandi Bazaar failure to act with respect to a breach by seller or others does not waive Mandi Bazaar right to act with respect to subsequent or similar breaches.