Terms of Service

Last updated: July 10, 2025

Terms of Service – Mobiking Wholesale

1. Introduction & Binding Agreement

This website is owned and operated by Mobiking Wholesale (“Company”, “we”, “us”, or “our”). By accessing, browsing, registering, or making a purchase on this website, you irrevocably agree to be bound by:

These Terms of Service
Our Privacy Policy
Shipping Policy
Returns & Cancellation Policy

These Terms constitute a legally binding agreement under applicable laws of India. If you do not agree, you must immediately discontinue use of this website.

2. Eligibility & Legal Capacity

By using this website, you represent and warrant that:

You are at least 18 years old
You are legally capable of entering into binding contracts under Indian law
You are not prohibited from using this website under any applicable law
All information provided by you is accurate, complete, and up to date

We reserve the right to verify user identity at any time and suspend accounts failing verification.

3. Account Responsibility & Security

You are solely responsible for maintaining confidentiality of your account credentials
Any activity under your account shall be deemed as your responsibility
We are not liable for unauthorized access resulting from your negligence

We reserve the right to:

Suspend or terminate accounts without prior notice
Refuse registration or cancel accounts at our sole discretion

4. Strict Prohibited Uses

You agree NOT to:

Use the website for any unlawful, fraudulent, or abusive purpose
Resell, redistribute, or exploit products for unauthorized commercial use without written consent
Interfere with or disrupt website security or servers
Attempt hacking, data mining, scraping, or reverse engineering
Upload or transmit malicious code, viruses, or harmful content
Misrepresent identity or provide false information

Any violation may result in immediate legal action, account termination, and claims for damages.

5. Product Representation & Limitations

Products may vary in color, packaging, or specifications due to supplier or display differences
We do not guarantee absolute accuracy of product descriptions or images
All products are subject to availability and may be withdrawn at any time

We reserve the right to:

Limit quantities per user or order
Reject bulk or suspicious orders
Discontinue products without liability

6. Pricing, Errors & Order Acceptance

Prices are subject to change without prior notice
We reserve the right to correct pricing or typographical errors at any time
Orders may be canceled even after confirmation in case of errors or suspicion

We are not obligated to fulfill orders where:

Pricing is incorrect
Fraud is suspected
Payment authorization fails

7. Payments & Financial Liability

You agree to provide valid and authorized payment details
Fraudulent transactions will be reported to authorities

We shall not be liable for:

Payment gateway failures
Banking delays
Unauthorized transactions not caused by our system

8. Shipping, Delays & Force Majeure

Delivery timelines are estimates and not guaranteed
We are not responsible for delays caused by:
- Logistics partners
- Natural disasters
- Government restrictions
- Strikes or unforeseen events

Such events fall under Force Majeure, and we shall bear no liability.

9. Returns, Refunds & Cancellations

All returns, refunds, and cancellations shall be governed strictly by our official policy. We reserve the right to:

Reject return requests that do not meet criteria
Deduct shipping, handling, or restocking charges
Deny refunds in cases of misuse or policy abuse

10. Third-Party Services Disclaimer

We may use third-party tools, services, or links. We do not guarantee or take responsibility for:

Their performance or accuracy
Their privacy or security practices
Any loss or damage caused by them

Your use of such services is entirely at your own risk.

11. Intellectual Property Rights

All website content including:

Logos, branding, product listings
Text, images, graphics, design

are the exclusive property of Mobiking. Any unauthorized use, reproduction, or distribution may result in civil and criminal liability.

12. Disclaimer of Warranties

All services and products are provided “as is” and “as available”, without warranties of any kind. We expressly disclaim:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement

We do not guarantee uninterrupted or error-free operation.

13. Limitation of Liability (Strict)

To the fullest extent permitted by law:

We shall not be liable for indirect, incidental, punitive, or consequential damages
Loss of profits, data, or business opportunities is excluded

Maximum liability shall strictly not exceed the amount paid by you for the specific product.

14. Indemnification (Broad Protection)

You agree to fully indemnify and hold harmless Mobiking, including its:

Directors
कर्मचारियों (employees)
Affiliates and partners

from any claims, losses, damages, legal fees arising from:

Your breach of Terms
Violation of laws
Misuse of services

15. Suspension & Termination Rights

We reserve absolute rights to:

Suspend access without notice
Permanently ban users
Cancel orders or accounts

No compensation shall be payable in such cases.

16. Data Monitoring & Enforcement

We reserve the right to:

Monitor user activity
Investigate suspected violations
Cooperate with law enforcement authorities

17. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain fully enforceable.

18. Governing Law & Exclusive Jurisdiction

These Terms shall be governed strictly by the laws of India. All disputes shall be subject to exclusive jurisdiction of courts in New Delhi, and no other jurisdiction shall apply.

19. Amendments & Updates

We reserve the unilateral right to:

Modify, update, or replace these Terms at any time

Continued use of the website implies full acceptance of revised Terms, whether or not you are notified.

20. Contact Information

For official communication:

Email: [email protected]
Address: B-91, 3rd Floor, East of Kailash, New Delhi – 110065

21. Unauthorized Commercial Use Policy

All products purchased from this website are intended for lawful use only. You agree that:

You shall not use, distribute, or exploit any products purchased from us for unauthorized commercial purposes without prior written permission from Mobiking
You shall not use our products in any manner that may harm our brand reputation, pricing structure, or market position
You shall not engage in any activity that misrepresents our products or business

We reserve the right to:

Monitor purchase behavior and usage patterns
Cancel orders that appear to be linked with unauthorized commercial activities
Restrict or suspend accounts involved in such activities

In case of violation:

Orders may be canceled without prior notice
Accounts may be suspended or permanently restricted
Legal action may be initiated for damages, misuse, or business loss

22. Chargeback Protection & Payment Dispute Policy

By completing a transaction on our website, you agree to the following:

You will not initiate any chargeback, payment reversal, or dispute with your bank or payment provider without first contacting us and allowing reasonable time for resolution
All disputes must be raised via our official support email: [email protected]

If a chargeback is initiated:

We reserve the right to contest the chargeback with supporting evidence including order confirmation, IP logs, delivery proof, and communication records
You shall be liable for all associated costs, including chargeback fees, legal expenses, and administrative charges
Your account may be permanently suspended, and future orders may be blocked

Fraudulent chargebacks will be treated as payment fraud and may result in legal action under applicable Indian laws.

23. Dispute Resolution & Arbitration Clause

In the event of any dispute, claim, or controversy arising out of or relating to:

Use of the website
Purchase of products
Interpretation or enforcement of these Terms

the parties agree to resolve the matter as follows:

a. Mandatory Negotiation

You agree to first attempt to resolve the dispute by contacting us at [email protected] within 7 days of the issue arising.

b. Binding Arbitration

If the dispute is not resolved amicably:

The dispute shall be referred to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (India)
Arbitration shall be conducted by a sole arbitrator appointed by Mobiking
The seat and venue of arbitration shall be New Delhi, India
Proceedings shall be conducted in English language

c. Limitation on Legal Actions

You agree that disputes shall be resolved only on an individual basis, and not as part of any class or representative action
Courts in New Delhi shall have jurisdiction only for enforcement of arbitration awards

24. No Refund Abuse & Policy Misuse Clause

We maintain a strict policy against refund abuse and misuse of return privileges.

Customers shall not engage in repeated or excessive return/refund requests
Claims of “item not received”, “defective product”, or similar issues must be supported with valid proof (photos/videos/unboxing evidence)
We reserve the right to investigate customer history and behavior patterns

We may, at our sole discretion:

Reject refund or replacement requests deemed suspicious or abusive
Deduct handling, logistics, and administrative costs
Permanently restrict or blacklist users involved in policy misuse

Any attempt to exploit refund policies will result in strict action, including account suspension and legal proceedings if required.

25. Cash on Delivery (COD) Fraud Protection Clause

To prevent misuse of Cash on Delivery (COD) services:

We reserve the right to confirm COD orders via phone, OTP, or other verification methods
Orders may be automatically canceled if verification fails

Customers agree that:

Refusal to accept a confirmed COD order without valid reason may result in account suspension
Repeated order refusals will lead to permanent restriction from COD services

We reserve the right to:

Charge advance fees or disable COD option for high-risk users or locations
Recover logistics and handling costs in case of intentional non-acceptance

26. Bulk Orders & B2B Wholesale Policy

As a wholesale platform, we reserve special rights regarding bulk transactions:

Bulk pricing, discounts, or offers are subject to approval and may change without notice
Orders identified as bulk purchases may be subject to additional verification

We may:

Reject or limit bulk orders at our discretion
Require advance payment or documentation for large transactions
Cancel orders suspected of unauthorized redistribution or price manipulation

We are not responsible for:

Profit margins, resale performance, or market fluctuations
Business losses incurred by resellers or bulk buyers

27. Digital Evidence & Transaction Validation Clause

You expressly agree that all records maintained by Mobiking shall be considered valid and binding evidence in case of disputes, including:

Order confirmations
Payment records
Server logs, IP addresses, and device details
Delivery confirmations and courier tracking data
Email or communication records

Such electronic records shall be admissible as evidence under the Information Technology Act, 2000 (India) and applicable laws.

28. Right to Refuse Service (Absolute Discretion)

We reserve the absolute and unconditional right to:

Refuse service to any individual or entity
Cancel orders without explanation
Restrict access to the website

This may be done in cases including but not limited to:

Suspicious activity
Policy violations
High return rates
Fraud risk or abusive behavior

No liability or compensation shall arise from such actions.

51. Product Warranty & Brand Policy

All products sold on this website are covered either by the manufacturer/brand warranty or, in certain cases, by Mobiking Wholesale, as specified. By purchasing from Mobiking Wholesale, you acknowledge and agree to the following:

Warranty Coverage
- Warranty is provided solely by the original brand or manufacturer unless explicitly stated otherwise.
- Mobiking Wholesale acts only as a facilitator of the sale for brand-covered items.
Limited Warranty for Box-Open Products
- Certain products are sold as box-open items.
- Warranty on such products may be shorter or limited compared to sealed/new items.
- Warranty coverage for these products is strictly as per the brand’s policy.
Mobiking-Provided Warranty
- Some products, such as those sold without a box, accessory-only, or in special promotional packs, may carry a limited warranty provided directly by Mobiking Wholesale.
- The scope, duration, and coverage of such Mobiking-provided warranties will be clearly stated at the time of purchase.
- This warranty may exclude damage caused by misuse, water exposure, or accidental damage, similar to brand policies.
Exclusions
- Brand or Mobiking warranties do not cover damage caused by misuse, accidents, drops, or water exposure.
- Any modifications, repairs by unauthorized parties, or tampering will void the warranty.
Claims & Process
- Warranty claims must be made directly with the brand or, for Mobiking-provided warranties, via Mobiking’s official support.
- Mobiking Wholesale may assist in providing purchase proof or documentation, but cannot guarantee warranty approval beyond stated coverage.
No Additional Liability
- Mobiking Wholesale shall not be liable for repair costs, replacement delays, or any consequential losses beyond the specified warranty.
- No refunds, replacements, or compensations shall be provided outside the stated brand or Mobiking warranty terms.
Acknowledgment
- By purchasing, you acknowledge that you have read the applicable warranty terms and understand that Mobiking Wholesale does not extend or alter brand warranties, and that some products may have limited or Mobiking-provided warranty due to being box-open, without box, or sold in special conditions.

30. Entire Agreement Clause

These Terms, along with all policies referenced herein, constitute the entire agreement between you and Mobiking. They supersede any prior agreements, communications, or understandings, whether written or oral.

Now your Terms are very strong, business-protective, and legally aggressive, which is ideal for:

Wholesale / B2B model
Fraud-heavy ecommerce environments
COD + reseller risk

31. Fake Orders & Intentional Loss Recovery Clause

You agree not to place fake, misleading, or non-serious orders. In case of:

Fake orders
Intentional refusal of delivery
Providing incorrect address/contact details
Repeated order cancellations without valid reason

We reserve the right to:

Recover logistics, packaging, and operational costs incurred
Impose penalty charges as deemed appropriate
Initiate legal proceedings for recovery of losses

Such actions shall be treated as intentional misuse of services and financial harm.

32. High-Risk Customer Identification & Restrictions

We maintain an internal system to identify high-risk users based on behavior patterns such as:

Excessive returns or cancellations
Frequent COD refusals
Chargebacks or payment disputes
Suspicious ordering activity

Based on risk assessment, we may:

Disable certain payment methods (e.g., COD)
Require prepaid orders only
Limit or block account activity
Permanently blacklist the user

This decision shall be final and non-negotiable.

33. Jurisdiction Limitation & External Complaint Restriction

You agree that:

You shall not initiate complaints, disputes, or claims in any jurisdiction other than New Delhi, India
You shall not file complaints with external authorities, platforms, or agencies without first attempting resolution with us

Any violation of this clause:

May be treated as breach of contract
May result in legal action for damages and reputational harm

34. Vendor & Supplier Protection Clause

We work with multiple vendors and suppliers. You agree that:

We are not liable for manufacturer-level defects beyond stated policies
Supplier delays, shortages, or discontinuations are beyond our control

We reserve the right to:

Cancel orders due to supplier issues
Offer alternatives, credits, or partial fulfillment

No additional liability shall arise from such circumstances.

35. Platform Abuse & Legal Enforcement Clause

Any attempt to harm, exploit, or misuse the platform, including:

Negative campaigns or false claims
Abuse of customer support
Defamation or brand damage
Social media harassment

Will result in:

Immediate legal notice
Claim for damages and losses
Civil and/or criminal proceedings under applicable laws

36. No Waiver Clause

Failure by Mobiking to enforce any provision of these Terms shall not be considered a waiver of our rights. We retain full rights to enforce these Terms at any time.

37. Survival Clause

All provisions which by nature should survive termination shall continue to remain in effect, including:

Limitation of liability
Indemnification
Arbitration
Jurisdiction clauses

38. Forceful Compliance Clause

By continuing to use this website, you explicitly acknowledge that:

You have read, understood, and agreed to all Terms
You waive any claim of ignorance or misunderstanding
These Terms shall be enforceable to the maximum extent permitted by law

39. Payment Gateway & Transaction Authorization Clause

All payments on this website are processed through secure third-party payment gateways, including Razorpay. By making a payment, you agree that:

You are authorized to use the selected payment method
The transaction is genuine and not fraudulent
You will not initiate unjustified payment disputes or reversals

We are not responsible for:

Payment failures due to banking issues
Transaction delays or gateway downtime
Errors caused by third-party payment processors

40. Chargeback Prevention & Evidence Agreement

To prevent fraudulent disputes:

You agree to contact us first at [email protected] before initiating any chargeback
We maintain detailed transaction records including:
- Order confirmations
- IP address and device logs
- Payment authentication records
- Shipping and delivery confirmation

These records may be submitted as valid evidence to payment gateways and financial institutions in case of disputes. Unjustified chargebacks may result in:

Permanent account suspension
Recovery of associated costs
Legal action where applicable

41. Shipping, Delivery & RTO (Return-to-Origin) Policy

All orders are shipped via trusted logistics partners including Shiprocket. You agree that:

Delivery timelines are estimated and not guaranteed
Delays may occur due to courier issues, weather, or operational constraints

RTO (Return-to-Origin) Conditions

An order may be returned (RTO) due to:

Customer unavailable at delivery
Incorrect or incomplete address
Refusal to accept the order

In such cases:

We reserve the right to deduct shipping and handling charges
Repeat RTO behavior may lead to account restrictions or prepaid-only orders

42. Delivery Confirmation & Responsibility

Delivery shall be considered complete once marked as delivered by the courier partner
OTP-based or signature-based delivery shall be treated as final proof of delivery

We are not liable for:

Incorrect addresses provided by the customer
Package acceptance by someone at the delivery location
Loss after successful delivery

43. Non-Serviceable & Failed Delivery Clause

If a location is found to be non-serviceable after order placement:

The order may be canceled
A refund may be issued after deducting applicable charges (if any)

We are not liable for delivery failures caused by:

Incorrect customer details
Remote or restricted locations
Courier partner limitations

44. Refund Processing & Gateway Timelines

Refunds (if applicable) will be processed via the original payment method
Processing timelines depend on Razorpay, banks, and payment providers

We are not responsible for:

Delays caused by banks or payment gateways
Processing time after refund initiation

45. Checkout Legal Agreement

At the checkout page, display a clear notice like this (mandatory to proceed with payment): “By placing this order, you agree to our Terms of Service, Refund Policy, Shipping Policy, and acknowledge that all transactions are final. Unauthorized commercial use, fraudulent orders, or chargebacks may result in account suspension, legal action, and recovery of costs.” Key benefits:

Legally binds the customer before payment
Acts as evidence in chargeback disputes
Reduces “I didn’t agree” claims

46. WhatsApp / Email Order Confirmation Script

Send this automated message after the order is placed:

Order Confirmation – Mobiking Wholesale Thank you for your order #XXXXXX. Please note:

Delivery timelines are estimates and may vary.

Refunds and cancellations are subject to our official policy.

All transactions are monitored for compliance; fraudulent orders or chargebacks may result in legal action.

Delivery will be confirmed via OTP/signature.

47. Chargeback-Proof Payment Disclaimer

On payment success page, display:

“By completing this transaction via Razorpay, you confirm that this order is genuine, authorized, and in accordance with Mobiking Wholesale policies. Unjustified chargebacks or disputes may result in account suspension, recovery of fees, and legal proceedings.”

48. COD & Prepaid Confirmation Clause

For COD orders:

Confirm via phone/WhatsApp/OTP before shipping
Document verification (name, address, contact)
Customer acknowledgment of Terms & Delivery Policy

For repeat RTO or COD refusal, restrict account to prepaid only. This reduces losses due to RTOs and fraudulent CODs.

49. Delivery & Proof Clause

All deliveries are considered complete when:

Courier marks as delivered
OTP or signature is confirmed

You can use this record as legal evidence if a customer disputes delivery.

50. GST Billing

You agree that:

All GSTINs and company names provided must be accurate, active, and valid.
In case the GSTIN entered is incorrect, inactive, or the company name is inaccurate, Mobiking Wholesale shall not be able to issue a revised B2B/B2C invoice.
Mobiking Wholesale cannot modify or correct any GSTINs or company names on your behalf.
You acknowledge that under such circumstances, you shall not be eligible to claim input tax credit.
Mobiking shall not be held liable for any loss of tax credit or compliance issues arising from incorrect GSTIN or company name details.

51. Limitation on Abuse of Platform

You agree not to:

Create multiple accounts to bypass restrictions
Use fake identities or temporary contact details
Manipulate reviews, ratings, or feedback systems

Violation will result in:

Immediate suspension
Permanent ban across systems
Legal action where applicable

52. Prepaid Order Non-Response & RTO Handling

For all prepaid orders, you acknowledge and agree that:

Mobiking Wholesale will attempt to contact you via phone or message regarding the delivery.
If you do not respond or fail to acknowledge delivery communications, the shipment may be returned to origin (RTO).
Any RTO processed under these circumstances will be handled strictly in accordance with our Returns & Refund Policy.
Mobiking Wholesale shall not be liable for delivery failures, missed shipments, or delays resulting from your non-response.

All legal notices, demands, or communications relating to services provided under this website must be sent strictly in writing via physical delivery to the following address: **Mobiking** B-91, 3rd Floor, East of Kailash New Delhi – 110065, India Any notice sent via email, messaging platforms, social media, courier applications, or other electronic means shall **not be considered legally valid** unless expressly acknowledged and accepted by us in writing.