Privacy Policy

Smonic: Comprehensive User Service Agreement & Official Company Policies

Registered Entity: Smonic

Registered Entity: Proprietorship

Registered Address: 12/550 Batra Colony, Sonipat, Haryana 131001, India

GST: 06GRYPB4227F1ZM

Contact Email: sales@smonic.com

Contact Phone: +91 93333 93434

Governing Jurisdiction: Sonipat, Haryana, India

Effective Date: 18/10/2025

Jurisdiction: Sonipat, Haryana India

PREAMBLE: BINDING LEGAL AGREEMENT

This Comprehensive User Service Agreement & Official Company Policies document (hereinafter referred to as the “Agreement”) constitutes a valid, binding, and enforceable contract between Smonic (hereinafter referred to as “the Company,” “we,” “us,” or “our”) and any natural or legal person, or duly authorized representative thereof, who accesses, browses, registers an account on, or places an order through the website www.smonic.com (hereinafter referred to as “the Site”). Such person shall hereinafter be referred to as “the User,” “you,” or “your.” By engaging in any of the aforementioned actions, the User expressly affirms, declares, and acknowledges that they have carefully read, fully understood, and irrevocably accepted, without limitation or qualification, all terms, conditions, covenants, representations, obligations, and stipulations set forth herein. This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, representations, warranties, assurances, and understandings, whether oral or written, relating to the subject matter hereof. Any User who does not agree to be bound by the terms of this Agreement in its entirety is hereby expressly prohibited from accessing or using the Site in any manner whatsoever.

ARTICLE 1: DEFINITIONS

1.1 Agreement – This entire document, including all amendments, annexures, schedules, and linked policies.
1.2 User / Customer – Any person accessing the Site, creating an account, or placing orders.
1.3 Products – Books, stationery, merchandise, or digital goods listed for sale.
1.4 Non-returnable (NR) Products – Items marked as “Non-returnable,” “Final Sale,” or equivalent on product pages (e.g., exam prep material, clearance stationery).
1.5 Personal Data – Data as defined under the DPDP Act, 2023, relating to an identifiable individual.
1.6 User Account – A registered profile created by a User to access services and purchase Products.
1.7 Business Day – Monday to Friday, excluding declared public holidays in Haryana, India.
1.8 Force Majeure Event – Circumstances outside the Company’s reasonable control (e.g., natural disasters, strikes, government restrictions, pandemics).
1.9 Manifest Error – Obvious errors in description or pricing that a reasonable person would recognize.
1.10 Third-party Partners – Courier services, payment gateways, vendors, publishers, or other authorized affiliates engaged to provide services.
1.11 Digital Products – E-books, gift cards, or downloadable material, if offered.
1.12 Bulk / Wholesale Order – Orders exceeding 100 Units, classified by the Company as non-retail.

ARTICLE 2: PRIVACY POLICY & DATA GOVERNANCE

2.1 Lawful Basis & Consent

• Personal Data collected and processed only for lawful, legitimate purposes.
• By using the Site, you provide explicit consent for such collection and processing.

2.2 Data Collected

• User-provided: Name, billing address, shipping address, email, phone number, date of birth.
• Automatically collected: IP address, browser type, device identifiers, site access logs.
• Financial data: We do not collect or store card/bank details. Transactions are processed securely by PCI-DSS compliant gateways (e.g., Razorpay).

2.3 Purpose of Processing

• Order processing, payment, dispatch, delivery.
• Account management and customer service.
• Fraud detection, risk management, and legal compliance.
• Marketing communication only with explicit opt-in consent.

2.4 Data Retention

• Retained for as long as required to provide services or comply with law.
• Transaction records retained minimum 8 years (Companies Act, GST, Income Tax).

2.5 User Rights under DPDP Act 2023

• Right to access, correct, erase, or restrict use of Personal Data.
• Right to withdraw consent at any time without affecting legality of prior use.
• Right to grievance redressal (see Article 11).

2.6 Security Measures

• SSL encryption, secure servers, access controls, and periodic audits.
• Breach notification to authorities and Users as per DPDP Act.

2.7 Data Sharing

• Shared only with trusted partners (payment processors, logistics providers, legal/regulatory authorities).
• No unauthorized third-party sales of data.

2.8 Grievance Officer (DPDP Compliance)
Name: Ansh Batra
Email: sales@smonic.com
Phone: +91 93333 93434
Address: 12/550 Batra Colony, Sonipat, Haryana 131001, India

ARTICLE 3: USER ELIGIBILITY & ACCOUNTS

3.1 Eligibility

• Only individuals 18+ may register and transact independently.
• Minors under 18 may use the Site only under parental/guardian supervision.

3.2 Account Creation

• Must provide accurate, current, and complete details.
• False, impersonated, or duplicate accounts prohibited.

3.3 Security of Accounts

• User responsible for safeguarding login credentials.
• Any unauthorized use must be reported immediately.
• Company not liable for losses from compromised accounts unless due to Company’s negligence.

3.4 Account Suspension & Termination

• Company may suspend/terminate accounts if:
  • Misuse, fraud, or violation of law is detected.
  • Abusive conduct or violation of this Agreement occurs.
• Termination does not limit Company’s right to recover dues, damages, or initiate legal action.

ARTICLE 4: TERMS OF SALE

4.1 Offer and Acceptance

• Product listings on the Site are an “invitation to offer.”
• Your order constitutes an “offer.”
• A legally binding contract of sale is formed only when the Company dispatches the Product to the courier.

4.2 Pricing

• All prices are displayed in Indian Rupees (INR), inclusive of applicable GST unless otherwise stated.
• Prices may change without prior notice.
• In case of Manifest Error (e.g., ₹10 instead of ₹1,000), Company reserves the right to cancel even after payment, with full refund.

4.3 Payment Terms

• Full advance payment required before dispatch.
• Accepted methods: Credit/Debit Cards, UPI, Net Banking, Wallets, COD (if offered).
• Payments are processed via secure PCI-DSS compliant gateways.
• Company is not liable for transaction failures outside its control.

4.4 Product Descriptions

• Descriptions and images are accurate to the best of Company’s knowledge.
• Minor variations in color, packaging, or edition may occur.
• No guarantee of compatibility with third-party accessories unless explicitly stated.

4.5 Stock & Availability

• Orders subject to availability.
• If out of stock after payment, the order may be cancelled with full refund.

ARTICLE 5: SHIPPING & DELIVERY POLICY

5.1 Dispatch & Timelines

• Orders usually dispatched within [2–3 Business Days].
• Estimated delivery: [3–7 Business Days] for metro cities, longer for remote areas.
• Timelines are estimates, not guarantees.

5.2 Courier Partners

• Delivered through reputed third-party logistics providers.
• Tracking details shared via email/SMS after dispatch.

5.3 Title & Risk of Loss

• Title passes upon dispatch.
• Risk of loss or damage remains with the Company until successful delivery to User’s address.
• After confirmed delivery, responsibility transfers to User.

5.4 Delivery Failures

• User must provide accurate, complete address and ensure availability.
• If undeliverable due to wrong address, repeated non-availability, or refusal:
  • Shipping costs and re-delivery charges borne by User.
  • Company may cancel and refund net of costs.

5.5 International Orders (if offered)

• Customs duties/taxes borne solely by User.
• Delivery timelines vary by country.

ARTICLE 6: CANCELLATION, RETURN, AND REFUND POLICY

This policy is absolute, strictly enforced, and a material condition of this Agreement.

6.1 Cancellation by User

• Permitted only before dispatch.
• Once marked “Dispatched/Shipped,” cancellation not allowed.

6.2 Cancellation by Company

• Company may cancel for reasons including:
  • Suspected fraud.
  • Stock unavailability.
  • Manifest Error in pricing/description.
  • Violation of terms.
• Refunds issued for all Company-initiated cancellations.

6.3 Non-returnable (NR) Products

• Clearly identified as “Non-returnable” on product pages.
• Examples: Competitive exam books, clearance stationery, digital downloads, customized products.
• Sale of NR Products is final and binding.

6.4 Return Eligibility (for Returnable Products)

• Returns accepted only if:
  • Item is damaged in transit.
  • Item is defective.
  • Wrong product delivered.
• Must be reported within 48 hours of delivery.

6.5 Mandatory Evidence Requirement

• Claims must include:
  • Order ID.
  • Clear unboxing video (uncut, unedited) showing packaging and defect/damage.
• Claims without valid video evidence = automatically invalid.
• Any video that is cut, edited, or unclear will render the claim automatically invalid.

6.6 Return Conditions

• Item must be unused, in original packaging, with all manuals, tags, and accessories intact.
• Tampered, used, or altered items not accepted.

6.7 Refunds

• Refunds processed within 7–10 Business Days after QC inspection.
• Refunds credited to original payment method only.

6.8 Deductions (if not Company’s fault)

• Forward & reverse shipping charges deducted.
• Restocking/handling fee up to 15% of product value may be applied.

6.9 Exchanges

• Subject to stock availability.
• Otherwise refund issued as per above rules.

ARTICLE 7: FRAUD & MISUSE PREVENTION

7.1 Monitoring & Verification

• Company employs automated and manual checks to detect suspicious transactions.
• Orders may be held pending additional verification.

7.2 Chargeback Abuse

• False claims of non-delivery or unauthorized payment = fraud.
• Company will provide evidence to banks, Razorpay, and law enforcement.
• Fraudulent Users may be blacklisted and legal action pursued under IPC 420 (Cheating) and IT Act 2000.

7.3 Coupon & Offer Misuse

• Abuse of discount codes, referrals, or promotions may result in order cancellation and account suspension.

7.4 Multiple Accounts & Bots

• Use of bots, fake identities, or multiple accounts to exploit offers strictly prohibited.
• Company reserves right to cancel affected orders and ban accounts.

ARTICLE 8: BULK & WHOLESALE ORDERS

8.1 Classification

• Orders exceeding 100 units will be deemed Bulk/Wholesale.
• The Company has sole discretion to classify an order as Bulk.

8.2 Governing Terms

• Such orders governed by a separate Quotation or Proforma Invoice, in addition to this Agreement.
• Written confirmation of terms required before processing.

8.3 Finality of Sale

• Once advance payment is made, Bulk/Wholesale orders are non-cancellable, non-returnable, and non-refundable.
• Exceptions only for proven manufacturing defects acknowledged by the Company.

8.4 Delivery & Logistics

• Delivery timelines for Bulk orders are indicative and depend on sourcing/manufacturing.
• Company not liable for minor delays in bulk deliveries.

ARTICLE 9: GIFT CARDS, VOUCHERS & PROMOTIONS

9.1 Gift Cards / Vouchers

• Issued digitally or physically (if offered).
• Valid only for purchases on www.smonic.com.
• Non-refundable and non-transferable.
• Expiry clearly mentioned at issuance; expired cards cannot be revalidated.

9.2 Promotional Offers

• Coupons/discount codes valid only within the communicated time frame.
• Cannot be combined with other offers unless specified.
• Misuse of coupons may result in order cancellation.

9.3 Store Credits / Wallet (if offered)

• Credits cannot be encashed.
• Expiry rules disclosed at time of issue.

9.4 Refunds Against Gift Cards

• Refunds for orders paid via Gift Cards/Vouchers will be credited back to the same instrument, not cash/bank.

ARTICLE 10: INTELLECTUAL PROPERTY & USER CONTENT

10.1 Company IP

• All text, images, graphics, designs, logos, trademarks, website code, and data compilations are owned by Smonic or licensed to it.
• Unauthorized copying, reproduction, or commercial use is strictly prohibited under the Copyright Act, 1957 and Trademark Act, 1999.

10.2 User Content

• Users may post reviews, feedback, or suggestions.
• By posting, User grants Smonic a perpetual, royalty-free license to use, reproduce, display, and publish such content for marketing or operational purposes.
• Users warrant ownership of rights to their content and indemnify Smonic from infringement claims.

10.3 Prohibited Conduct
Users may not:

• Upload content that is defamatory, obscene, infringing, or illegal.
• Interfere with Site operations (hacking, malware, scraping).
• Impersonate others or misrepresent identity.

10.4 Counterfeit & Authenticity

• All products sold by Smonic are sourced from verified publishers, manufacturers, or distributors.
• Company guarantees authenticity of branded goods.
• Users found selling or uploading counterfeit items through any affiliate channel will face termination and legal action.

ARTICLE 11: LIMITATION OF LIABILITY

11.1 “As-Is” Basis

• The Site and Products are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.

11.2 Exclusion of Indirect Damages

• Company shall not be liable for:
  • Loss of profits, goodwill, data, or business opportunities.
  • Consequential or incidental damages.

11.3 Capped Liability

• Total liability of Smonic for any claim shall not exceed the value of the specific order giving rise to the claim.

11.4 No Liability in Certain Cases

• Company is not liable for:
  • Delays caused by courier/logistics providers.
  • Losses arising from incorrect addresses provided by Users.
  • Unauthorized use of the User account due to User’s negligence.

11.5 Mandatory Legal Rights

• Nothing in this Agreement limits statutory consumer rights under the Consumer Protection Act, 2019.

ARTICLE 12: FORCE MAJEURE

12.1 Definition
The Company shall not be held liable or responsible for failure or delay in performing obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God (floods, earthquakes, storms, pandemics).
• War, terrorism, riots, or civil commotion.
• Strikes, lockouts, or labor disputes.
• Government orders, restrictions, or regulatory actions.
• Breakdown of essential services (electricity, internet, transportation).

12.2 Effect of Force Majeure

• Obligations shall be suspended for the duration of the event.
• Company will make reasonable efforts to resume operations as soon as possible.
• Users may not claim damages for delays or failures caused by such events.

ARTICLE 13: INDEMNIFICATION

13.1 User Indemnity Obligation
The User agrees to indemnify, defend, and hold harmless Smonic, its directors, officers, employees, and affiliates against any claims, damages, costs, or liabilities (including legal fees) arising from:

• Breach of this Agreement by the User.
• Violation of applicable laws or third-party rights.
• Fraudulent or negligent use of the Site.
• Misuse of coupons, offers, or referral programs.

13.2 Survival
This indemnity obligation survives termination of this Agreement and continues indefinitely with respect to prior use of the Site.

ARTICLE 14: COMPLIANCE WITH APPLICABLE LAWS

14.1 General Compliance

• Users must comply with all applicable Indian laws while using the Site, including but not limited to consumer protection, data protection, IT security, intellectual property, and tax regulations.

14.2 Company Compliance

• Smonic affirms compliance with:
  • Consumer Protection Act, 2019
  • Consumer Protection (E-Commerce) Rules, 2020
  • Information Technology Act, 2000 and IT Rules, 2021
  • Digital Personal Data Protection Act, 2023
  • GST and Income Tax Laws

14.3 No Unlawful Use

• Site may not be used for illegal purposes, including resale of counterfeit books/stationery or fraud.
• Any illegal use may lead to suspension of account and reporting to authorities.

ARTICLE 15: DISPUTE RESOLUTION & GOVERNING LAW

15.1 Arbitration First
Any disputes, controversies, or claims arising out of or in connection with this Agreement, including its interpretation, validity, performance, or termination, shall first be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996.

15.2 Arbitration Seat & Language

• Seat and venue: Sonipat, Haryana, India
• Proceedings: English
• Tribunal: Sole Arbitrator, mutually appointed by the parties.

15.3 Binding Nature of Award

• Arbitral award shall be final and binding on both parties.
• Costs of arbitration shall ordinarily be shared equally unless otherwise directed by the arbitrator.

15.4 Jurisdiction of Courts
This Agreement shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the competent courts of Sonipat, Haryana shall have exclusive jurisdiction for all proceedings, including enforcement of arbitral awards.

ARTICLE 16: GRIEVANCE REDRESSAL MECHANISM

16.1 Grievance Officer (IT Act, 2000)
In accordance with the Information Technology Act, 2000 and Consumer Protection (E-Commerce) Rules, 2020, the Company appoints a designated Grievance Officer.

Name: Ansh Batra
Designation: Grievance Officer
Email: sales@smonic.com
Phone: +91 93333 93434
Address: 12/550 Batra Colony, Sonipat, Haryana 131001, India

16.2 Timelines

• Complaints acknowledged within 48 hours.
• Resolved within 30 days of receipt.

16.3 Scope
Users may raise grievances regarding:

• Orders, refunds, returns, and shipping.
• Data privacy and misuse of personal information.
• Misrepresentation of products or unfair trade practices.

ARTICLE 17: AMENDMENTS & UPDATES

17.1 Right to Amend
The Company reserves the right to modify, update, or amend this Agreement and associated policies at any time.

17.2 Notice of Changes

• Updates will be posted on the Site with revised “Effective Date.”
• Continued use of the Site after updates constitutes acceptance.

ARTICLE 18: NO WAIVER

18.1 Failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

18.2 Any waiver must be expressly made in writing and signed by an authorized officer of the Company.

ARTICLE 19: ASSIGNMENT

19.1 By Users

• Users may not assign or transfer rights or obligations under this Agreement without prior written consent of the Company.

19.2 By Company

• The Company may assign its rights and obligations to affiliates, successors, or acquirers without restriction.

ARTICLE 20: ENTIRE AGREEMENT & SEVERABILITY

20.1 Entire Agreement
This Agreement, along with all referenced standalone policies (Privacy, Shipping, Refund, Grievance, etc.), constitutes the entire understanding between User and Company.

20.2 Severability
If any provision is found invalid or unenforceable, the remainder of the Agreement shall remain in full force.

ARTICLE 21: AUTHENTICITY & ANTI-COUNTERFEIT POLICY

21.1 Authenticity Commitment
Smonic guarantees that all books and stationery sold are 100% authentic, sourced from verified publishers, distributors, or manufacturers.

21.2 No Counterfeits

• We do not sell pirated, photocopied, or counterfeit books.
• All branded stationery is genuine and sourced lawfully.

21.3 Customer Assurance
If a User reasonably suspects counterfeit, they may raise a complaint with supporting evidence. The Company will:

• Conduct a verification,
• Offer replacement/refund if claim is valid,
• Take strict action against offending suppliers.

21.4 Supplier Liability
Vendors/suppliers found supplying counterfeit products shall bear full liability, including refund, damages, and legal consequences under the Copyright Act, 1957 and Consumer Protection Act, 2019.

CLOSING STATEMENT

By accessing or using www.smonic.com, Users confirm they have read, understood, and agreed to be bound by this Agreement and all related policies.