Buyer and Seller Terms & Conditions

TYREPLEX BUYER AND SELLER TERMS & CONDITIONS

1. Introduction

These terms and conditions (“Terms”) govern the sale of products and services on the TyrePlex platform (www.tyreplex.com) between buyers (“Customers”) and sellers (“Vendors”). By using the platform, both parties agree to adhere to these terms, which outline the responsibilities, rights, and obligations applicable to all transactions.

2. Definitions

“Platform” refers to the TyrePlex website or mobile application, which facilitates transactions between buyers (customers) and sellers (vendors).

“Buyer/Customer” any individual, company or legal entity that purchases products or services through TyrePlex.

“Seller/Vendor” any authorized individual, business or entity that registers on TyrePlex to list products or services for sale.

“Products” refers to the tires, tubes, automotive accessories and related items listed for sale by Sellers on the TyrePlex platform.

3. Account Registration

To participate in any transaction on the TyrePlex platform, it is mandatory for both Buyers and Sellers to register an account. This registration process ensures that both parties engage in secure, transparent, and personalized experiences.

• Buyer Account

Buyers are required to provide complete and accurate personal details during the registration process. This includes their full name, contact information, delivery address and valid payment information to facilitate smooth purchases and timely deliveries. It is the Buyer’s responsibility to keep this information up to date at all times. Any changes to the delivery address or contact details must be promptly updated in the account to avoid issues with order processing or delivery. Buyers are also responsible for maintaining the confidentiality of their login credentials. If any unauthorized access is detected or suspected, Buyers must immediately notify TyrePlex to take the necessary actions to secure the account.

• Seller Account

Sellers, including businesses and vendors, must provide verified business details during registration. This includes submitting accurate tax identification numbers, business licenses and bank account details to facilitate smooth payment transactions. Sellers are responsible for maintaining the accuracy of their product listings, pricing, stock availability and business details. Any changes to these details must be updated regularly to ensure compliance with platform policies. Sellers must comply with local laws and tax obligations and are required to operate in accordance with the standards set by TyrePlex to maintain continued access to the platform.

4. Order Placement and Acceptance

• For Buyers

Once an order is placed, TyrePlex will send a confirmation email that includes details such as the order summary, payment confirmation and an estimated delivery time. However, the order is not fully confirmed until the Seller verifies the availability of the product and initiates the dispatch process. Buyers will receive a notification once the order is shipped and will have the ability to track the status of their order via the TyrePlex platform. In the event of any delays, shortages or changes in availability, Buyers will be informed promptly.

• For Sellers

Sellers must confirm and process all orders within the time frame specified by TyrePlex upon receiving order notifications. Any delay in confirming or dispatching the order could result in cancellation of the order by TyrePlex and repeat delays may lead to penalties or suspension from the platform. In cases of stock shortages or unforeseen delays, Sellers are expected to notify Buyers promptly and suggest alternatives or offer a refund if necessary.

5. Pricing and Payment

• For Buyers

The prices displayed on TyrePlex’s platform include all applicable taxes unless otherwise specified. During checkout, any additional charges such as shipping fees or handling costs will be calculated and clearly communicated before the Buyer completes the payment process. TyrePlex supports multiple payment options, including credit/debit cards, net banking, UPI, and digital wallets. Buyers are advised to carefully review the total price, including any additional charges, before finalizing their payment.

• For Sellers

Sellers are responsible for setting competitive and accurate prices for their products, ensuring they comply with all relevant legal and regulatory pricing norms. The prices must reflect the final cost of the product, inclusive of any applicable taxes. TyrePlex deducts a service fee or commission from each sale made on the platform before remitting the balance to the Seller’s registered account. Sellers must regularly review their pricing and promotional offers to remain competitive and in line with TyrePlex’s platform policies.

6. Product Listings and Descriptions

• For Sellers

Sellers are required to provide comprehensive, clear and accurate product descriptions. These descriptions must include all relevant details, such as pricing, specifications, and stock availability. Any inaccuracies or misleading information in product listings can result in penalties, including the suspension or removal of listings from the platform. TyrePlex reserves the right to audit and review product listings to ensure they comply with the platform’s standards.

• For Buyers

It is the Buyer’s responsibility to thoroughly review the product descriptions, specifications, and compatibility information before making a purchase. If any discrepancies are discovered between the product received and the listing, Buyers should immediately report the issue to TyrePlex for resolution.

7. Shipping and Delivery

• For Sellers

Sellers are responsible for ensuring the timely dispatch and delivery of orders. They must adhere to the agreed-upon delivery timeframes and ensure that the product reaches the Buyer in good condition. Sellers can choose to use TyrePlex’s recommended logistics partners or their own authorized delivery services. Shipping costs may either be included in the product price or charged separately, depending on the listing details. Any delays in dispatch must be communicated promptly to both the Buyer and TyrePlex.

• For Buyers

During the order process, Buyers will be informed of the estimated delivery times. Buyers are required to provide accurate and complete shipping information to avoid delays or complications. Any incorrect or incomplete information provided by the Buyer may result in additional charges or delivery delays.

8. Shipping & Returns, Refunds, and Cancellations

• Shipping & Return

This shipping policy applies exclusively to purchases made by tyre dealers, garages, fleets, and other auto accessories and aftermarket parts resellers through TyrePlex, and not retail customers. TyrePlex will ship products and deliver them within 24 hours of order acceptance, though actual delivery may vary based on the delivery partner and product availability. Shipping and delivery costs are variable and depend on the delivery location (pin code) and other factors that may affect timely delivery. Delivery may be delayed due to unforeseen circumstances beyond TyrePlex’s control, including but not limited to weather conditions, traffic disruptions, or force majeure events such as lockdowns, earthquakes, accidents, or logistical challenges. If a user refuses to accept an order after it has been dispatched or is in transit, the product(s) will be processed as a return, and cancellation can only be done by contacting the TyrePlex team. TyrePlex is not obligated to refund the price of the product if the buyer refuses to accept the order for any reason (both pre-paid and COD orders). Any discrepancies must be reported to TyrePlex at [email protected] within 24 hours of delivery; no return, refund, or exchange will be valid after this period. For further questions, please contact us at [email protected].

• Refund Policy

(a) Eligibility for Refunds: Refunds will be issued in the following scenarios: 

• The product is returned and meets the return conditions.
• The order is cancelled before the product is shipped.
• The product is out of stock after the order is placed.

(b) Refund Modes and Timelines

• Refunds will be processed using the same payment method used during purchase.
• Refund timelines:
  1. Online Payments: Refund will be credited within 7-10 business days of approval.
  2. Cash on Delivery (COD): Refunds will be processed through bank transfer or another agreed-upon method within 10-15 business days of approval.

(c) Partial Refunds: If the returned product shows signs of use or damage not attributable to the Company, a partial refund may be issued after deducting repair or restocking costs. 

• Cancellation Policy

(a) Buyer-Initiated Cancellations: Orders can be cancelled: 

• Before Dispatch: Buyers may cancel their order through their Tyreplex account or by contacting customer support. No cancellation charges will apply.
• After Dispatch: Cancellations post-dispatch are not permitted. Buyers may opt for a return after delivery under the Return Policy.

(b) Seller-Initiated Cancellations

• The Company reserves the right to cancel an order under the following conditions:
• The product is out of stock or discontinued.
• The buyer fails to provide required information or verification within the stipulated time.

(c) Refund for Cancellations: For eligible cancellations, refunds will be processed within the timelines mentioned in the Refund Policy. 

• For Buyers

Buyers may request a return or refund within a specified timeframe after receiving the product if it is defective, damaged or significantly different from what was described. TyrePlex will mediate the return process by providing instructions on how to return the item and ensuring that refunds are processed within the stated time limits.

• For Sellers

Sellers are obligated to comply with TyrePlex’s return and refund policies, ensuring that returns are processed in a timely manner. Products returned in non-compliant or used conditions may incur additional handling fees or deductions. Sellers must follow TyrePlex’s guidelines for refunding Buyers and handling returned items.

9. Warranties and Liabilities

• For Sellers

Sellers must provide valid product warranties as stipulated by the manufacturer’s policies. Any product-related issues such as defects or malfunctions must be addressed by the Sellers in accordance with the stated warranty terms.

• For Buyers

Buyers are encouraged to review the warranty terms associated with the product before making a purchase. TyrePlex is not liable for any defects or issues beyond the scope of the manufacturer’s warranty.

10. Seller Obligations

Sellers on TyrePlex are required to adhere to a strict set of responsibilities to maintain the integrity and professionalism of the marketplace. First and foremost, Sellers must ensure compliance with all applicable local, state and national laws governing their business operations, including those related to taxes, licensing, and regulatory requirements. This means that every Seller must have valid tax identification numbers and maintain records in accordance with the relevant tax authorities, ensuring that they accurately report their earnings and pay any required taxes. In addition to regulatory compliance, Sellers must keep their business practices in line with the legal framework for e-commerce, including any consumer protection laws and industry-specific regulations.

Sellers are also expected to maintain accurate and up-to-date stock levels on the TyrePlex platform. Inaccurate stock representation can lead to delayed order fulfilment, cancellations and customer dissatisfaction, which could negatively impact both the Seller’s reputation and TyrePlex’s overall user experience. It is critical for Sellers to update their inventory regularly and ensure that product availability is correctly reflected to avoid any disruptions in order processing.

Furthermore, TyrePlex reserves the right to audit Seller operations at any time to ensure that products meet the platform’s quality standards and that business practices are in compliance with the company’s policies. These audits may include reviewing product descriptions, inspecting product quality, and assessing overall customer service performance. Non-compliance with TyrePlex’s standards can result in penalties, suspension or removal from the platform. This ensures that all products sold on TyrePlex are authentic, safe and of high quality, protecting the interests of both Buyers and the platform itself.

11. Buyer Responsibilities

Buyers on TyrePlex have an important role in ensuring that the platform remains trustworthy and functions smoothly. One of the key responsibilities of Buyers is to provide accurate and complete personal and shipping information during account registration and when placing orders. This includes ensuring that the name, delivery address and contact details are correctly filled out and regularly updated to avoid any delays or miscommunication during the shipping process. Inaccurate information can lead to failed deliveries, additional shipping charges, or even order cancellations, causing inconvenience for both the Buyer and the Seller.

Buyers are also expected to act in good faith while using the platform. Engaging in fraudulent activities, such as placing fake orders, submitting false claims or manipulating product reviews, is strictly prohibited. Fraudulent activities undermine the credibility of the platform and can distort the reputation of legitimate Sellers, potentially causing financial and reputational harm. Buyers who engage in such behaviour will face immediate consequences, including account suspension or termination. TyrePlex maintains a zero-tolerance policy toward fraud to protect the interests of honest Buyers and Sellers and to uphold the integrity of the marketplace.

To foster a positive and transparent marketplace, Buyers must adhere to platform policies and ensure that their actions align with TyrePlex’s community standards. This includes respecting the terms and conditions, promptly reporting any suspicious activities and participating fairly in the review and feedback system.

12. Intellectual Property Protection

All intellectual property rights, including but not limited to trademarks, logos, trade names, domain names, copyrights, patents, proprietary software, and databases, associated with Tyreplex and its website are the sole property of the Company. No rights, title, or interest in these materials is granted to any Buyer or Seller by mere use of the platform.

The Company grants users, Buyer and Sellers a limited, non-exclusive, non-transferable, revocable license to access and use the website solely for the purpose of transacting business on the platform. This license does not permit any reproduction, modification, or distribution of the website’s content.

Users and sellers are strictly prohibited from: 

(a) Reverse-engineering, decompiling, or disassembling any part of the platform. 

(b) Using any trademarks, trade names, or logos of the Company without prior written consent. 

(c) Copying, reproducing, or distributing proprietary materials from the website for commercial purposes."

Sellers shall ensure that all products listed on the platform do not infringe on third-party intellectual property rights. The Company reserves the right to remove infringing listings and terminate accounts that repeatedly violate IP laws. Sellers shall indemnify the Company for any claims arising from IP infringement related to their listings.

No Buyer or Seller shall use the Company’s trademarks, service marks, or branding in any manner that: 

(a) Dilutes the distinctiveness of the Company’s IP. 

(b) Creates confusion about the source of the products or services. 

(c) Suggests an affiliation or endorsement by the Company without authorization."

Any content, feedback, or ideas submitted by Buyers or Sellers to the platform shall remain their property. However, by submitting content, users grant the Company a perpetual, worldwide, royalty-free license to use, reproduce, and modify such content for promotional or operational purposes."

The Company reserves the right to monitor and remove any content on its platform that violates IP rights or applicable laws. Buyers and Sellers must promptly report any suspected IP infringement on the platform to the Company."

The Company may suspend or terminate access to its platform for Buyer or Sellers found to be in breach of this intellectual property policy, without notice or liability.

13. Indemnity

The Buyers and Sellers shall indemnify and hold harmless Tyreplex, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of any breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

The Buyers and the Sellers hereby expressly release Tyreplex and / or its affiliates and / or any of its officers and representatives from any cost, damage, liability or other consequence arising from the use of this website and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

14. Termination

TyrePlex retains the authority to terminate the access of any Buyer or Seller who violates the platform’s terms and conditions. This policy serves as a safeguard to maintain the quality and security of the marketplace for all users. Violations that may result in termination include, but are not limited to, fraudulent activities, non-compliance with legal and regulatory requirements, repeated customer complaints, and failure to adhere to the platform’s standards and guidelines.

In cases of fraud, TyrePlex will take swift action to protect the platform and its users. Fraudulent activities, such as the sale of counterfeit products, misrepresentation of product details or manipulation of payment processes, are treated with the utmost seriousness. Upon detecting such violations, TyrePlex may immediately suspend or terminate the Seller’s or Buyer’s account and take appropriate legal action to recover damages or pursue prosecution where applicable. This includes collaborating with law enforcement authorities and regulatory bodies to ensure that violators face the full consequences of their actions.

For repeated violations, including non-compliance with platform policies or consistently poor performance (such as late order dispatches, inaccurate product listings or failure to honour returns and refunds), TyrePlex may choose to suspend or permanently revoke access to the platform. Termination is a last resort, but it is essential to maintain the credibility, trust and smooth functioning of the TyrePlex marketplace. By enforcing strict termination policies, TyrePlex ensures that only responsible and compliant Buyers and Sellers remain on the platform.

15. Entire Agreement

By using the TyrePlex platform, both Buyers and Sellers acknowledge and agree that these Terms of Use constitute the entire and complete agreement between the parties. This agreement supersedes any prior or contemporaneous communications, whether oral or written, concerning the subject matter contained herein. In addition to these Terms of Use, Buyers and Sellers are also subject to any additional terms and conditions specifically applicable to the Users.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. The Buyers and the Sellers agree to submit to the exclusive jurisdiction of the courts at New Delhi.