Terms & conditions
This document is an electronic record under information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Use of eWheelers.in and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the website ("user agreement"). This user agreement shall come into effect upon each visit or usage of the website, or upon your registration, or upon you providing any information on the website. In this user agreement, you are contracting with eWheelers Mobility Solutions Pvt. Ltd, a company incorporated under companies act, 1956 with its registered office at :KNR Corporate Office Building, Road No 1, Banjara Hills, Besides CARE Hospitals, Hyderabad, Telangana - 500004 phone no +91 9010500076 and email id - ceo@eWheelers.in hereinafter referred to as "the platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the user agreement, "registered user", "visitor", and wherever the context may so require, "you" shall mean any natural or legal person who has agreed to become a member of the website by providing registration data (as defined hereinafter) while registering on the website as a registered user using the computer systems of the website, or who has used the website without becoming a registered user, and, in both the cases, accepted this electronic version / electronic record of the user agreement. A registered user is one who has allocated himself a unique identification user name ("user id" and "password") to become registered user. The term and expression "you" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a registered user, this user agreement shall be effective and binding upon your 'acceptance'. "acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the website through logging in by your third party website user id and password, including that of www.facebook.com, websites owned by yahoo inc. Or its subsidiaries, google inc. Or its subsidiaries, twitter or any other social media website as permitted on the website or generally using the website in any manner, with or without using your user id and password. If you do not agree or are not willing to be bound by the terms and conditions of this user agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the website.
Amendments to the user agreement
The platform may amend this user agreement at any time by posting a revised version on the website. The revised version will be effective at the time platform posts it on the website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this user agreement.
The following disclaimers are the key to determining any relationship between you and the platform for your use of the website and for platform providing any services on the website:
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this user agreement.
When you use the website or send emails or other data, information or communication to the platform, you agree and understand that you are communicating with the website and platform and all other registered users and visitors through electronic records which are legally identifiable and enforceable, and you consent to receive communications via electronic records from the website, platform and all other registered users and visitors and as and when posted, communicated or required.
Service of notice: the registration data and email id or your account details of the third party website through which you register with the website will be construed as your 'designated electronic address' and the platform, website, other registered users, visitors, third parties and law enforcement agencies will communicate with you on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this user agreement, you also accept and agree to be bound by various policies of the platform as provided from time to time in various hyperlinks on the website.
Use of the website is available only to persons who can form legally binding contracts under Indian contract act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian contract act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. Are not eligible to use the website. If you are a minor i.e. Under the age of 18 years, you shall not register as a member of the website and shall not sell, purchase or bid for any items on the website. As a minor if you wish to purchase or sell an item on the website such purchase or sale may be made by your legal guardian or parents who have registered as users of the website. Platform reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this user agreement and you have the authority to bind that business entity to this user agreement.
As a registered member of eWheelers.in, your address, email-id, and other delivery details become automatically saved in the "my account" section of the website, accessible only to you. You can track all your orders by logging in to the "my account" section with the user id and password set by you. You can save items you are interested in, using the "my wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
Your account and registration obligations
If you use the website as a registered user, you are responsible for maintaining the confidentiality of your user id and password. You are responsible for all activities that occur under your user id and password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by website registration form or provided by you as a visitor or user of a third party site through which you access the website. If you provide any information that is untrue, inaccurate, not current or incomplete or platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the user agreement, platform has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.
Fees and services
Membership and browsing on the website is free. As per the foreign exchange management (transfer or issue of security by a person resident outside India) regulations, 2017 an "e-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfillment, call centre, payment collection and other services.” Accordingly, the platform through various third party service providers engages in order fulfillment services for orders placed on the website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
You are responsible for paying all fees (if any) associated with the use of the website and you agree to bear any and all applicable taxes, charges, cesses etc. Levied thereon.
Use of the website
You understand and agree that platform and the website merely provide services to its registered users and persons browsing / visiting the website. All items advertised / listed and the contents therein are advertised and listed by or on behalf of registered users and are third party contents. The website also contains various third party user generated content and material. The platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third party user generated contents.
You agree, undertake and confirm that your use of the website shall be strictly governed by the following binding principles:
Please note that in accordance with the information technology (intermediaries guidelines) rules 2011, in case of non-compliance with rules and regulations, user agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the platform against you either in this user agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the information technology act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the website qualifies as an "antiquity" or "art treasure" as defined in the act ("artwork"), you shall indicate that such artwork is "non-exportable" and sold subject to the provisions of the arts and antiquities act, and shall ensure that it is not delivered to any buyer at any place outside India.
Platform for communication
The website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the website.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the website.
Platform is not responsible for any non-performance or breach of any contract entered into between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.
Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the website. In particular, platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment in that behalf.
Platform is only providing a platform or venue 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. At no time shall any right, title or interest over the items vest with platform nor shall platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the website.
Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
You release and indemnify platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of your on the website and specifically waive any claims that you may have in this behalf under any applicable law.
Platform cannot control the information provided by other users which is made available on the website. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the website.
The function of the platform is limited to providing access to a communication system over which information made available by you is transmitted or temporarily stored or hosted. The platform observes due diligence while discharging its duty as an intermediary under the information technology act, 2000 and also observes such other guidelines as the central government may prescribe in this behalf. The platform does not:
Therefore, pursuant to the provisions of the legal metrology (packaged commodities) amendment rules, 2017, the responsibility of the correctness of the declarations displayed on the platform in relation to the products shall lie with you.
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. Buyers and sellers and for collection of platform fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the reserve bank of india for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Without limiting other rights and remedies, platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the website in the event, but not limited to:
Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
You must be legally able to sell the item(s) you list for sale on our website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner. You shall inform the platform at the time of listing your product and subsequent to the listing, of all the declarations as required under the legal metrology (packaged commodities) rules, 2011 (as amended) and the legal metrology act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein.
Limitation of liability
In no event shall platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence or under torts or under public policy).
In addition to any limitation of liability and various disclaimers provided elsewhere in this user agreement, platform's entire liability and your sole and exclusive remedy in any circumstance is limited to the following:
If you are a seller on the platform: an amount of platform fees, if any, paid by you as seller on the website to platform for the transaction under dispute.
If you are a buyer: the platform's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to you get the refund of the product price from the seller on the website.
Other than the aforesaid, platform shall have no liability to you.
You shall fully indemnify, keep indemnified, defend and hold harmless platform and platform's shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the user agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the user agreement shall be deemed to constitute a partnership or agency between you and platform and you shall have no authority to bind platform in any manner whatsoever nor shall platform have any authority to bind you in any manner whatsoever. All the services provided by the platform shall be as independent contractor and on principal to principal basis.
If any clause of the user agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the user agreement.
This agreement sets forth the entire understanding and agreement between you and platform with respect to the subject matter hereof.
In platform's sole discretion, platform may transfer its rights and obligations under this agreement, assign this agreement or novate this agreement without your prior express consent. However, platform on reasonable efforts basis and if practicable may provide you with an advance intimation of any such acts.
In the event you have any complaints or concerns with respect to the website or our services, please contact our customer support at +91 9010500076
This user agreement and all the rules and policies contained herein and any of your usage of website and your dealings with platform shall be governed and construed in accordance with the laws of India.
If any dispute arises between you and platform during your use of the website or your dealing with the platform in relation to any activity on the website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the user agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by platform. The arbitration & conciliation act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the english language. The place of arbitration shall be Hyderabad. Your obligations to pay the payment fees shall not be suspended during the arbitration proceedings.
Coupons on eWheelers.in – terms and conditions
Any offer contained in any electronic communication, or any communication that may be displayed on the website, ("e-coupons") is made by sellers registered on the platform, and not by the platform itself.
Registered users using the e-coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of e-coupons and the mode of using e-coupons will be specifically as mentioned in the electronic communication sent to you or displayed on the website.
One e-coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the e-coupon shall be forfeited, and the user cannot claim any benefit or a substitute an e-coupon in lieu of the same. The purchase value of the item in excess of the value of the e-coupon shall be paid by the user along with using the e-coupon.
An e-coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-coupons cannot be combined with any other coupons or any other offer or promotion.
The platform may offer various discounts / incentives to the customers on select products for a select period, together with any discount that maybe offered by the merchants listed on the platform. The gross discount offered by the platform to the customer, may be reduced on account of various business and operational costs, which entails costs such as administration costs, platform costs, tax costs, etc. Since this discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts discount net of such costs.
It is our endeavor to provide the best service to our customers and complete transparency in our dealings. Therefore the platform has displayed the gross discount available, and has subsequently reduced the above-referred costs to arrive at the net discount availed by the customers.
This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.
The platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the website or the desired listings of the users would have e-coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using e-coupons, nor is the platform is warranting or endorsing any product or services listed on the website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Platform shall not be liable for any lost or stolen e-coupons and e-coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any e-coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of e-coupons.
Limitation of liability
Under no circumstances shall platform’s liability exceed giving the user a replacement e-coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in hyderabad (India) only.
EWheelers, in association with its empanelled service providers, is proud to launch its new initiative in the form of the "electric vehicle & batteries lease programme". This programme is an unique endeavor, wherein there will be lease service providers. The lease service provider's terms & conditions will apply while taking delivery. The lease service partner may also reject "customer lease request". In such case when the lease request is rejected, full refund will be processed to customer account.
The terms and conditions of this lease programme are mentioned herein below:
1. The programme
This programme is a result of our constant effort to provide our customers with various options in the electric vehicle category, and with this programme, customers can experience their desired products at minimal cost. This programme is intended to assist our customers in select cities with procuring on lease for specified period of time, electric vehicle & batteries as listed by our merchants, on our website, without any hassle, execution of comprehensive physical agreements and payment of security deposits, in a simplified manner.
Customers can avail the benefits of this programme in tenures as available on the website. The "date of commencement of the lease term" shall be the date of delivery of the product. However, in case a customer requests modifications in the date of delivery of the product, then the "date of such request” shall be treated as the "date of commencement" of the lease term.
This programme is available to our customers residing in select cities in india, as available on the programme page on the website.
4. Lease fee and payment
Lease service provider will mention details on documentation required while delivering vehicle. eWheelers generates lead and collects partial amount as booking fees for confirmation.
Lease service partner terms and conditions will apply while taking delivery.
Customer(s) may opt for any applicable mode of payment on the website.
Service providers do not offer any replacements once the lease term has duly commenced. In the event the leased products are damaged on delivery, have manufacturing defects and/or are incorrect products, customers shall have the right to return such products and claim refund of the lease fees paid. On occurrence of any such event, kindly refer service provider's terms & condition detail.
While eWheelers and the service providers do not provide relocation services under this programme, in the event a customer relocates within specific city limits during the tenure of his/her lease period, such customer shall inform eWheelers in writing of the same. The cost incurred for relocation shall be solely borne by the customer.
In the event the customer relocates outside city limits, such customer shall have the option to terminate the lease service or buy the product, at his/her sole discretion, by writing to eWheelers of the same prior to relocation. In the event the customer opts to purchase the leased product, eWheelers team shall forward such customer details to service provider for processing of the same. In the event the customer opts for termination of lease services, then service providers' terms & conditions are required to be followed.
9. Other terms and conditions
EWheelers consistently endeavors to provide its customers with additional services that are intended towards creating value for the customers by launching new programs, offers & schemes. EWheelers mobility solutions pvt. Ltd ("eWheelers.in”) in collaboration with its various service provider partners. EWheelers is happy to launch its new program in the form of "electric vehicle, battery & charging system exchange program”, and shall be modified from time to time.
Features of "exchange program"
"exchange program” is a result of a solidarity between eWheelers & its service providers to offer eWheelers customers with the option to sell their old vehicles to the exchange service providing partner(s).
There are two models in exchange scheme:
1. Trade -in
2. Exchange old electric or fuel bike with new electric bike
Trade in scheme. Customers buy from eWheelers sellers and upgrade to new bike after 1 year or as per scheme offer.
Under exchange scheme: customer can bring his old bike and
For further details you are required to refer exchange policy terms & conditions section.
Under this program, the customer will have an option to sell their old bike (as per the eligibility criteria) to the exchange partner(s). The exchange partner(s), will inspect the bike condition and will quote an exchange price to the customer for such old bike at its sole discretion. The customer has the option to accept or reject the exchange price quoted by the exchange partner(s) for its old bike.
Benefits of "bike exchange program"
The exchange partner(s) reserves the right to reject the vehicle on inspection, at its own discretion.
Availing of benefits of "exchange program"
A customer can avail the benefits under this program through participation and by following the simple process, as mentioned below:
Other terms and conditions
Test drive programme
We at eWheelers.in, in association with the partners listed on our platform, consistently strive to enhance customers’ experiences with the furniture being purchased by them. The following terms and conditions are applicable to our newly launched "test drive” programme ("programme”), effective from january 2020
This programme is available for a select range of products for our customers in select cities in india. Under the banner for this programme, various distributor partners shall offer experience of the vehicle to the customers. In order to avail of such test drives the term & conditions of distributor partners are to be followed.
On receipt of the request placed by a customer, eWheelers and the distributor partner shall coordinate for the test drive of the model selected. In no event shall the customer be entitle to retain possession of the test ride vehicle at his/her premises. The customer may at his/her discretion, place an order for the relevant product on the eWheelers.in platform and purchase the same.
EWheelers.in shall be responsible only for facilitation of this programme, and disclaims all liability with respect to damaged or defective products supplied by distributor partner to customers.
For further queries, the customer(s) are requested to refer to the faq section or exchange terms & condition section or may reach out to the customer support team of eWheelers.in.
EWheelers.in – grievance officer
Further, as per rule 3(4) of the it rules, the grievance officer shall acknowledge or respond to your communication of violation of rule 3, by any other person, within 36 (thirty six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.
In accordance with information technology act, 2000 and rules made there under, the name and the contact details of the grievance officer are provided :
Mr. Vasu deva reddy
eWheelers Mobility Solutions Private Limited
However, for any product or services related complaint or query, please contact customer care. To register your complaint or query , click here.