Terms of Use

Diwali Mela (the “Platform”) is a website, mobile site and related services run by Digital Book of India Private Limited, Floor No. 7, Site-IV, Behind Venice Mall, Surajpur, Greater Noida, Gautam Buddha Nagar, Uttar Pradesh 201310, India (“we”, “us”).

These Terms are a legal agreement between you and us. By browsing, creating an account, placing an order or otherwise using the Platform you accept them, together with the Returns, Cancellation & Refund Policy, the Shipping, Delivery & Takeaway Policy and the Privacy Policy. If you do not agree, do not use the Platform.

You must be at least 18 years old and able to enter a binding contract under Indian law. A person under 18 may use the Platform only through a parent or guardian, who is then responsible for what they do on it.

Diwali Mela is an online marketplace and intermediary. It provides the technology on which independent sellers list products and customers buy them.

• The products are listed, priced, packed and sold by independent sellers. The sale is a contract between you and the seller. We are not a party to it, and we do not make, own, stock, inspect, test or guarantee the products.
• The seller is solely responsible for the product: its quality, safety, authenticity, description, photographs, price, packing, expiry or shelf life, labelling, legality, taxes and any warranty.
• We collect your payment on the seller's behalf, arrange delivery through delivery partners, and help to resolve complaints. We do this as a facilitator and are not responsible for the seller's acts or omissions, or for the delivery partner's acts beyond what the law requires.
• Nothing on the Platform is an endorsement of a seller or a product. Product photographs and descriptions are provided by sellers. Handmade items differ from piece to piece, and screens show colours differently.

• Give true and complete information (name, email, mobile number, address) and keep it up to date. You must verify your email and mobile number with the codes we send.
• You are responsible for keeping your password and codes private and for everything done through your account. Tell us at once if you think it has been misused.
• One person, one account. Do not create accounts to misuse offers, vouchers or the Spin & Win and quiz features.
• We may refuse, suspend or close an account where information is false, the account is misused, or the law requires it.

• Prices are in Indian Rupees and include GST unless stated otherwise. A delivery charge, where it applies, is shown before you pay.
• We and the sellers try to keep prices, descriptions and stock correct, but mistakes happen. If a product is listed at a wrong price or is not available, we or the seller may cancel the order, and you will be refunded in full what you paid.
• Stock shown is indicative. An order is accepted only when payment succeeds (or, for Cash on Delivery, when it is confirmed) and the seller can supply it.

• Placing an order is an offer to buy. The contract is formed when the order is confirmed. We or the seller may refuse or cancel an order, for example for a pricing error, lack of stock, suspected fraud or an address we cannot serve.
• Payments are processed by our payment gateway (Razorpay) and its banking partners, under their terms. We do not see or store your full card, UPI PIN or net-banking details. We are not responsible for failures, delays or charges of your bank or the gateway.
• If money is deducted but the order does not complete, it is returned by your bank, usually within 5 to 7 working days. Contact us with the transaction reference if it is not.
• Cash on Delivery may be offered for some orders and amounts. Please keep the exact amount ready. We may stop Cash on Delivery for an address or account after failed deliveries or refusals.
• You must not charge back or dispute a payment for an order that was delivered correctly. We may recover the amount and our costs, and close the account.

Delivery is open-box, a delivery charge applies to every order, and delivery times are estimates. You may choose takeaway for items from one shop: you pay an advance of 20% online and the balance to the seller at the shop. The details are in the Shipping, Delivery & Takeaway Policy, which forms part of these Terms.

• There are no returns or exchanges for a change of mind, or because a colour, size or look is not as you imagined.
• A return, replacement or refund is possible only for a wrong product, or a defective or damaged product, reported within 48 hours of delivery (perishable items: at delivery or within 24 hours) with clear photographs or the video of opening the parcel. The seller is responsible and bears the charges.
• You may cancel an order only until it is packed and handed over to the delivery partner (the shipping manifest); after that it cannot be cancelled. A paid order that you cancel is refunded less a 2% cancellation charge (the payment charges we cannot recover); Cash on Delivery orders carry no charge; an order cancelled by us or the seller is refunded in full.
• This does not limit any right you have under the Consumer Protection Act, 2019 or the Consumer Protection (E-Commerce) Rules, 2020. The full rules are in the Returns, Cancellation & Refund Policy.

• Food and sweets are prepared and packed by the seller, who must hold the licences the law requires (such as FSSAI registration) and show the correct ingredients, allergens, date of making and best-before or expiry on the label or listing.
• Check the date, seal and condition when the parcel is opened. If you have an allergy or a medical condition, read the ingredients and ask the seller before ordering. We and the seller are not responsible for a reaction to an ingredient that was correctly shown.
• Perishable items must be consumed before the date shown and stored as the seller advises.

• Coupons, vouchers, prizes and promotions are given at our discretion, for the period and on the conditions shown with them. They have no cash value, cannot be sold or transferred, and may be withdrawn or changed at any time before they are used.
• We may refuse or cancel a benefit, and any order that used it, where we find misuse, several accounts, automated use, or an attempt to cheat. Our decision on a promotion is final.
• Any tax due on a prize is the winner's responsibility, unless we say otherwise. A voucher or prize applies to purchases made on the Platform and may need a minimum purchase.

• The assistant and the AI-based search use automated systems to help you find and compare products. They can be wrong, incomplete or out of date. Always check the product page, the price and the seller's details before you buy.
• Prices of other websites, where shown, are entered by sellers or by us from time to time and are only indicative. They may have changed. We do not promise that any price is the lowest, and a comparison is not advice.
• What you type or say to the assistant or the voice search is processed by us and by technology providers as described in the Privacy Policy. Do not share passwords, card numbers or other sensitive details with it.

• Reviews and other content you post must be honest, lawful and about your own experience. Do not post anything abusive, defamatory, misleading, infringing, obscene, or that contains personal details of others.
• You keep ownership of your content, but give us a free, worldwide, non-exclusive licence to use, show, edit for format and share it on the Platform and in our promotion. We may remove content, and are not responsible for what users or sellers post.

• Break any law, or use the Platform for fraud, money laundering, or to buy goods for an unlawful purpose.
• Give false information, use someone else's payment instrument without permission, or place orders you do not mean to accept.
• Harass or abuse sellers, delivery partners or our staff, or threaten them.
• Copy, scrape, reverse engineer or overload the Platform, introduce malware, or try to reach data or accounts that are not yours.
• Deal with a seller outside the Platform to avoid its rules, or ask a seller for something the Platform does not allow.

The Platform, its design, the Diwali Mela and Digital Book of India names and logos, and our software and content belong to us or our licensors. You may use the Platform for your own shopping, and may not copy or use them for any other purpose without our written permission. Product photographs and text belong to the sellers who provide them.

The Platform is provided “as is” and “as available”. To the fullest extent the law allows, we do not promise that it will be uninterrupted, error-free or secure, that any product or seller will meet your expectations, or that information on it is complete or current. Warranties on a product, if any, are given by the seller or the manufacturer, not by us.

To the fullest extent the law allows:

• We are not liable for the quality, safety, legality, description, delivery or after-sale service of products sold by sellers, nor for the acts or omissions of sellers, delivery partners, banks, payment providers or other third parties.
• We are not liable for indirect or consequential loss, loss of profit, loss of data, or loss of a festival occasion, however it arises.
• Where we are held liable to you for any claim, our total liability is limited to the amount you paid for the product that the claim is about.

Nothing here excludes a liability that cannot be excluded under law, or limits a right you have under consumer protection law.

You will compensate us, our directors, employees and partners for any claim, loss or cost (including reasonable legal fees) that arises from your breach of these Terms, your misuse of the Platform, your content, or your violation of any law or of another person's rights.

We may suspend or close your account, cancel orders and withhold benefits if you break these Terms or the law, if we suspect fraud, or if we are required to. You may stop using the Platform at any time and ask us to close your account (an order in progress must be completed first). Sections that are meant to continue, such as liability, indemnity and disputes, survive.

We and the sellers are not liable for a delay or failure caused by something beyond reasonable control: natural events, fire, floods, epidemics, strikes, curfews, government orders, transport or telecom failures, power or internet outages, payment-system outages, or a failure of a third party we rely on.

Please first raise a complaint from your order or the Help Center. If you are not satisfied, write to our Grievance Officer, Digital Book of India Private Limited, at the address above, by email to contact@digitalbookofindia.com or by phone on +91 98180 73779.

We acknowledge a complaint within 48 hours and aim to resolve it within one month. Please give your order number, your registered mobile number and the details.

These Terms are governed by the laws of India. We hope to settle any dispute by talking first. Subject to any right you have to approach a consumer commission or any court that has jurisdiction under consumer protection law, the courts at Gautam Buddha Nagar, Uttar Pradesh have exclusive jurisdiction over disputes about the Platform.

Sellers, franchise partners and advertisers on the Platform are bound by their own agreements, which prevail over these Terms for their dealings with us: the Seller Agreement and the Franchise Partner Agreement. Seller fees, commission rates and payout rules are set out there. They do not give customers any right against us.

• These Terms, with the policies they refer to, are the whole agreement between you and us about the Platform. If a part is found invalid, the rest continues. Our not enforcing a right is not a waiver of it.
• You may not transfer your rights under these Terms. We may transfer ours to a group company or a successor of the business.
• We may update these Terms and the policies. The date at the top shows the latest version. Using the Platform after a change means you accept it; for a change that is materially against you, we will tell you on the Platform or by email.
• We may contact you by email, SMS, WhatsApp, phone and notifications about your orders, account and these Terms. These messages are not promotional and you cannot opt out of them while you have an order or an account.
• Notices to us go to the address and email above. These Terms are in English; a translation is for convenience only.