Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Blynk Marketing Private limited, a private limited company incorporated under the Companies Act,1956 (hereinafter referred to as “Blynk”), establishes the following:
- The Blynk Website (“SITE”) is intended to sell, market and / or make exchanges of used and new electronic devices, specifically smartphones and tablets (“Products”), as well as to disclose advertisements, searches and any other information and news on the electronics market. The term “Site” for purposes of the provisions of these Terms and Conditions for Use of the Site covers any and all pages available for access.
- make a purchase and / or sale and / or exchange of used or new electronic devices through the Site or use any other services offered therein;
- to access the Site, in any capacity, including any type of research related to the purchase and / or sale and / or exchange of used or new electronic devices, or to access any other information disclosed on the Site.
- You may not:
- send to the Site any content (including information, advertisements, texts or photographs):
- in files corrupted or infected with viruses that may cause damage to the Site or to any and all Interested parties duly registered on the Site, or to any equipment of any interested party that may access it, in any capacity;
- erotic, pornographic, obscene, defamatory or libelous, or that advocates crime, drug use, consumption of alcoholic beverages or smoke products, physical or moral violence, or even violates ethical precepts, morality or good manners;
- that promotes or incites prejudice (including origin, race, sex, color and age) or any form of discrimination, as well as hatred or illegal activities;
- infringing any legal provisions or rights of third parties, including intellectual property rights and personality (such as copyright and related rights, industrial property rights, business secrets, right to privacy, etc.);
- or that has incorrect, untrue, confidential or confidential information or any other information that may confuse any other interested party;
- use the Site or the services available there for purposes other than those for which they are intended;
- use any data published on the Site for any purpose other than to make a purchase and / or sale and / or exchange of an advertised electronic device;
- send information that is owned by third parties, including to manipulate or disguise the origin of any content sent to the Site or to assume the identity of another person;
- perform any acts that, directly or indirectly, may cause damage to the Site, any interested party or third parties.
- send to the Site any content (including information, advertisements, texts or photographs):
- Any and all intellectual property rights (including copyright and trademarks) on the Site, belong to Blynk ,including, but not limited to:
- any and all software, application or functionality employed by Blynk to maintain the operation of the Site ;
- the visual identity of the Site (especially the graphic-visual art project of any of its pages);
- the databases inserted therein, as well as their compilation;
- and any and all material and content created and produced by Blynk , by you or by third parties.
- Trademarks inserted in the Site may not be used, in any way or by any means, by any interested party.
- You must use the Site solely for the purposes for which it is intended, for your own personal, non-commercial use, and not to download, reproduce, distribute, transmit, make available, alter or use in any medium or form , the Site or any content contained therein, including any published photographs. The reproduction, distribution, transmission, disclosure, alteration or any other use, in any way or form, of the Site or any content contained therein by third parties, including for dissemination purposes on other sites, physical media or media, shall not be the responsibility of Blynk .
- The Site may contain links to third party sites that are not owned by Blynk and are not under its control, and may be used by it, which are governed by their respective terms and conditions of use, so that Blynk does not is responsible for the information, operations and contents provided by them, nor for inactive URLs.
- The creation of any link to the Site without the prior written consent of Blynk is prohibited, and it is prohibited to restrict or inhibit the use or enjoyment of the Site by any interested party.
- Blynk makes every reasonable effort and uses all the tools at its disposal to verify the accuracy of the information made available on the Site, however, does not provide any warranty, expressed or implied, regarding its accuracy.
- Blynk does not guarantee that the Site will meet the needs of the Interested party and that the contents and materials inserted, used and disclosed will be updated or totally complete and that the Site or the server that makes it available will be free of viruses or bugs. Blynk shall not be liable for any errors, defects, failures, interruptions, delay in operation, transmission or access to the Site, or failure of the line or system used to access it.
- Blynk is not responsible for any loss that the interested party may have of content or material sent or transmitted through the Site.
- Blynk can, regardless of prior notice, suspend or discontinue, temporarily or permanently, account or request a Party at any time, and initiate appropriate legal action in cases where:
- the identity of the Interested party can not be verified;
- there is evidence of fraud; and
- Blynk understands that any action that may cause harm to third parties or Blynk itself.
- The provision of all resources and equipment necessary to access the Site is the sole responsibility of the Interested parties and advertisers.
Guide for Use of the Site by the Interested Party
To use the sections of the Blynk Site “buy online” and / or “selling online” and / or “exchange online” or other sections of the website and have access to models of advertised products, condition, price, colour , trademarks, manuals and certificates, among other information, it is not necessary to perform any registration by the Interested party.
REGISTER– For details regarding the means of payment and delivery of Advertised Products, it will be mandatory to register the Interested Party, by filling in the fields indicated in the ” Identification ” step . The fields (” name ” and ” e-mail “) are mandatory.
When you register, you may opt to receive Blynk newsletter by e-mail , which will contain informational and commercial material linked to the Site. If you no longer wish to receive the newsletter, just click on the link identified in the e-mail and request the deletion of your newsletter.
CANCELLATION OF REGISTRATION– To cancel the registration, or the requests made by the interested party, the interested party must make his request at the Blynk service center, thru one of the channels offered by him (Telephone, e-mail).
Purchasing Procedure Guide by the Interested Party
General conditions. – Blynk is a party to any and all purchase agreements made through the Site. Blynk must receive payment of the total value of the product purchased before confirming the request of the Interested party and formalize the contract.
Once received the payment, Blynk will send an e-mail to the Interested party confirming the receipt of their request. The e-mail sent by Blynk will include the name of the Interested party, the order number and the total value.
Availability of Goods. – Blynk undertakes to inform if it has or not in stock the merchandise chosen by the Interested party for purchase. If you do not have the merchandise available for delivery at the time of purchase, Blynk undertakes to reimburse the interested party for the same amount that has been debited by them on their credit card and will send an e-mail to the e-mail address provided by the interested party in the application form. The repayment term is made in up to 10 business days according to the form of payment, credit card or bank slip. Blynk will not be obliged to offer any additional compensation due to the unavailability of the product sought.
Blynk seeks to present to the Interested parties the best possible price through the realization of special offers, subject to limited stocks. The Site is constantly updated in order to reduce the eventual acquisition of Products unavailable in stock at the time of purchase, however, during the period of special offers, there may be an eventual delay in the process of updating the Site due to the intense flow of operations.
Warranty Policy. – All Products sold by Blynk are tested by our qualified professionals and sold under full operating conditions. The warranty also covers the alternative charger that included together with the product. In this case it is not necessary to return the charger with technical problem received and the deadline for sending a new charger will be up to 10 working days, counted from the date of request.
Blynk provides a warranty of functioning for used or new products for a period of 6 months i.e. (180) days from the date of purchase of the product. The return policy only exchanges defective devices for the same repaired device or another in perfect working order. We do not make cash refunds for these cases – for the refund of the value of the product, it is necessary to register the withdrawal within 7 (seven) calendar days from the date of receipt of the product. The policy will also only cover manufacturing defects. The exchange will not be possible if the product presents a problem or defect after the 6 months i.e. (180) days. Blynk recommends keeping the invoice and the IMEI number of your product. For exchange purposes , manufacturing defects are not considered:
- Defects or damages resulting from misuse, such as broken, cracked screens, among other similar problems;
- Defects or damages resulting from testing, installation, alteration, modification of any kind in our products, as well as the repair performed by other technical assistance within 180 days;
- Apparent breakdown, damage or irregularities (vices), of easy and immediate observation in the product that were not verified within the 7 days after the receipt of the apparatus;
- Products that have had the security seal broken, serial number removed, tampered with or rendered unreadable;
- Damage to fluids, such as damage caused by contact with water;
- Acceptable battery life reduction;
- Theft or theft of the device.
Quality standards.– Blynk uses 2 (two) basic classifications to qualify the quality standards of the Products: “Like New” and “Gently Used”. The quality standards can vary widely between the categories and types of Products. In general terms, the classification of the state of conservation of the Products is defined as follows:
- Like New: The device shows few signs of use, such as small, almost imperceptible scratches or dents.
- Gently Used: Apparatus with few signs of use, but lighter. They can be scratches and / or dents.
Accessories – In the purchases made on Blynk, the only accessory that accompanies the device, is the alternative charging port with cable, so the charger is not the one originally marketed by the brands manufacturers of the devices, but they have the same functionality (except turbo and fast charge functions) and do not impair the useful life of the devices.
Blynk is not responsible for accessories and peripherals purchased after delivery of the electronic purchased, and the costs are the responsibility of the buyer, including in cases of returns and exchanges .
Deliveries – Products will be shipped via courier or carriers contracted by Blynk. The delivery period of the Products may vary depending on the locality where the delivery was requested. Deliveries will be made along with a delivery receipt that must be signed by the Interested party or authorized person. In the event of a delay in delivery, Blynk will contact the interested party to provide clarification of the situation.
Returns – The interested party can exercise their right of repentance and give up their purchase. Simply request Blynk , through any of the channels of the Call Center , the refund within 07 (seven) calendar days from the receipt of your request. The product must be in the original state of conservation in which it was shipped and dated. Blynk will return the value corresponding to the purchase price, discounting the costs related to transportation and packaging, these costs of responsibility of the Interested in case of return.
In the event of return of any Product, Blynk recommends the use of a safe method of delivery, as it is not responsible for possible losses or damages occurring in the route. The authenticity of the devices marketed is controlled by Blynk by means of the respective IMEI number, which will be verified on the occasion of the return in order to ensure that the returned device is the same one sent by Blynk.
Blynk reports that have 07 (seven) days to register the return of the returned device and process the refund due. In the event of an exchange, Blynkmay not send substitute devices until the original device has been received by it. The interested party may contact Blynk , through the telephone number informed on the Website, at which time a return number will be provided, so as to allow the follow-up of their process and make it more convenient for the interested party.
Guide to the Sales Procedure by the Interested Party
General conditions. The interested party may sell used or new electronic devices to Blynk after receiving an offer (“Offer”) from Blynk , or by sending a Sales Order to the Blynk, which will be evaluated and later the Offer will be formalized. The Interested party warrants to the Blynk that the product to be sold was purchased by lawful means and the Interested party has all the documents that prove this situation.
Product Inspection and Offer Review. The Product to be sold by the Interested party must be received by Blynk within ten (10) days after acceptance of the original Offer by the Interested Party to perform the inspection procedures. If the Exchange does not receive the Product within 10 (ten), the Offer will be automatically revoked.
The packaging and transportation recommendations indicated by the Blynk must be observed in order to avoid possible damage or loss of the Product during transportation.
The Blynk will inspect all Products received by it and may accept or reject the Product, including, but not limited to:
- Products not in the state of preservation described by the Interested Party,
- Products modified / altered from original state
- Products that no longer conform to applicable laws or regulations,
- Products damaged or lost in the course of delivery.
If the product is rejected by Blynk for any of the reasons described above, the original Offer is automatically revoked and the Agreement is terminated, and the Product is returned to the Interested Party.
The Return Situation (“Return Situation”) of the product to the Interested Party will happen as follows: Blynk will deliver the package to the carrier for return of the Product to the Interested Party, being the Party responsible for the risk of loss during the respective route. All costs and risks involved during the return of the product will be the responsibility of the Interested party. Payment of the cost of the return must be made by the interested party or through the possibilities available on the Site or in person in one of the locations of Blynk.
Blynk reserves the right to revoke the original offer and provide an offer issued to the product:
- the Product and / or received accessories do not match the description,
- the Product is received by Blynk after the expiry 10 (ten) days counting from the formalization of the acceptance of the original offer, and / or
- Blynk to receive Products other than those identified when calculating the Offer. It is not necessary to send the accessories.
Requirements.In order to complete the sale of your product to or through the Blynk, or to complete any other transaction, the interested party must:
- register on the Site;
- provide only true, current and accurate information in your account regarding your own person and about any Product to be sent to the Exchange ;
- comply with applicable laws and regulations, including but not limited to import and export laws;
- to carry out transactions in its own name and never on behalf of third parties; and
- have the legal capacity to enter into agreements and transmit titles and interests of any Product that may be sent to the Blynk .
Payment for Sale. Payment can be made by Bank Transfer.
In order to receive payment for the sale of any Product to Blynk , the Interested party must provide some personal information, including his full name, a valid electronic mail address, in which he can receive an email and a valid postal address, in which he can receive parcels by mail.
Blynk is not responsible for communication error due to the provision of incorrect or incomplete information. The interested party is responsible for ensuring that the information provided will enable the receipt of emails from Blynk , who cannot be held responsible for any emails not received by the Interested Party due to blocked or spam filters activated in the respective account of the electronic address .
You are aware and agree that by failing to provide Blynk with accurate and up- to- date information about you:
- Blynk shall not be liable for any improper payments or sent to a wrong address, and
- unclaimed credits may be subject collection by government authorities and confiscation laws.
The Interested Party agrees that Blynk has no obligation to the Interested Party if any of its unclaimed claims are delivered to the governmental authorities on order of these.
Product Eligibility. Blynk determines, in its sole discretion, which Products are eligible for its purchase through its inspection and for which eligible Products an Offer will be offered.
Blynk may waive the eligibility of any Product at any time and without prior notice, however, such withdrawal will not affect any Products for which it has already accepted an Offer, valid for 10 (ten) days.
Definition of conservation status. Blynk uses 02 (two) basic classifications to qualify the state of conservation of the Products, which are devices “Good” or “Defective”. The state of conservation can vary widely between the categories and types of Products. In general terms, the classification of the state of conservation of the Products is defined as follows:
- Good : The device is in good condition, with some physical details of daily use and has the charger. The unit is not broken or missing buttons.
- Defective : The device has a defect in the LCD: Broken screen or latches on the screen, defective touchscreen or screen blemishes.
- Broken or with functional or physical problems : the item does not turn on, one or more functions of the product is not working or the item has serious physical damage that inhibits use (broken item, cracked screen or missing parts, for example).
The above definitions are general guidelines. Definitions of more specific conservation statuses regarding the category and / or type of Product may be viewed on the Site in the “Sale” section and also serve as a definition of an effective conservation status for the Products. State-of-the-art settings are subject to change at the discretion of the Blynk . If you are not sure about the classification of the state of conservation of your Product, the Interested party should seek guidance by contacting Blynk customer service .
Product Valuation. All proposals will be determined by the Blynk in reliance on the accuracy of the information that the Interested party provides. Blynk will use its discretion to determine the value of the Product, which may vary depending on other factors including model, the functionality of the Product and the state of conservation in which it is, including the necessary accessories for the operation of the Product (charger and headphones earphones are not included), provided by the Interested party. Upon receiving an Offer, the Interested Party has the option to accept or reject it. Acceptance indicates that You are willing to provide your Product to the Blynk at the price offered.
If the Interested party refuses the Exchange Offer , the specific operation will expire. However, if after rejecting the Offer the Interested party changes its mind and decides to accept the offer, it must open another transaction with Blynk . However, assuming that the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
Fitness for sale; Telephone and Internet Service. The interested party must hold all the rights and titles of any Products that he wishes to sell to the Blynk and all Products must be enabled for new service, even if the product is broken he must be enabled for the new services.
You represent and warrant that Products sold to the Blynk are free from any liens or encumbrances, including third party software that can not be transferred or for which royalties are due.
By accepting Blynk’s Offer , the Interested Party agrees to indemnify Blynk for all claims or losses suffered by Blynk as a result of any breach of such representations and warranties. It is your responsibility to terminate any telephone service, Internet or other similar service linked to your Product before selling it to Blynk .
Blynk shall not be liable for any charges and service charges related to your Product that you incur before, during or after your use of the Services. It is also your responsibility to remove any security code / iCloud lock / Account lock that prevents the use of the Product sold to the Blynk .
Send the product to the Telephone. When preparing the Product for sending to Blynk, the Interested party must include the apparatus in the exact conditions described in the act of sale.
If accessories or items are included when sending the product to Blynk , these accessories or items will not be used to change the value of the Offer already proposed by Blynk .
If you do not include all items listed by the Interested Party at the time the Offer was calculated, or if a Product that does not correspond to its original description is sent, the Offer may be re-evaluated and may change its final value.
Removing inserted data from the ProductFor Products that involve devices that store files and / or personal data on hard drives, memory cards, or the like, you must back up and store all the data and files you want to keep from your Product and remove them prior to sending the Product for the Telephone .
The standard procedure used by Blynk is to remove all data from the Product sent by the interested party prior to placing it on sale, however, it is not the responsibility of any remaining file or data. By submitting your Product to Blynk , you agree to release it from any claim as to the Product, the data stored thereon or any information in any software, application or medium used in connection with the Product shipped, or for the security, integrity, confidentiality, communication or use of such data.
Blynk shall not be liable for:
- any loss suffered by the Interested Partyin connection with any files and / or data that have not been excluded from the device and transferred to third parties, or
- any files and / or data lost after the Product had been sent to the Blynk.
Release of Rights on the Product.Once you have sent your Product to Blynk , it will not be obliged to comply with any request for return of the Product and / or any files and / or data contained therein. In the event that Blynk rejects the Product, the Product will be returned to the Interested Party , according to the Expected Return Situation.
Of the risk of loss. The Interested party will continue to be responsible for the risk of loss or any damages that may occur to the Product sent on the course until its delivery to Blynk . Blynk is only responsible for the risk of loss from the moment it opens the packaging containing the Product and ceases in the event of return of the Product to the Interested Party for any reason, in this case, the risk of loss will be the responsibility of the Interested Party, since Blynk delivers the package to the carrier for the return of the Product to the Interested Party, being responsible for the risk of loss during the respective route.
Passing the ownership. Ownership over the Product is transferred to Blynk upon acceptance of the Offer. In the event of a Return Situation, ownership will not be transferred and will belong to the Interested Party.
Intransferable. Any offer made by Blynk for the Product is non-transferable and non-refundable to another Interested party.
Import and Export Laws. You agree to comply fully with all Indian import and export laws, regulations, rules and regulations or from any foreign governmental agency or authority, and you agree not to market the Product directly or indirectly without the proper authorization of the Indian authorities and / or foreign government. The Interested party assumes responsibility for all expenses related to compliance with the laws, regulations, rules and norms described, and for obtaining all necessary authorizations and releases in order to send your product to Blynk , including, without limitation, classification and duties applicable with the importation of any goods.
Promotions. Occasionally and at the sole discretion of Blynk , promotional programs may be offered as an incentive for those interested. Promotions applicable to payments are offered as a benefit to the final value of the Product of an Interested Party, but will not be considered as a change in the final value. Promotional programs will have explicitly defined terms, including, but not limited to, expiration of use per person and per operation and other limitations and restrictions. Unless otherwise stated, promotions shall be evaluated by the Interested Party prior to acceptance of the offer. Once the order is finalized, more than one promotion can not be applied for the same transaction. Blynk reserves the right to cancel or refuse promotions, in its sole discretion.
Accuracy of all information. Blynk makes every effort to ensure the accuracy of all information that the Interested Party receives regarding the Product. Eventually, however, typographical errors, technical inaccuracies, prices or other errors or omissions may occur. Therefore, Blynk reserves the right, at any time before payment:
- to correct an error,
- to change the Offer, in the event that the Product has already been sent to Blynk , the amended Offer is will make a new original offer reissued, and the interested party may accept or reject it,
- cancel a transaction, and if the Product has already been sent to Blynk, will be considered rejected, resulting in a Return Status.
If the interested party no longer wishes to carry out electronic transactions with Blynk , he should no longer use the Site, requesting the cancellation of his registration.
Blynk reserves the right at any time and at its sole discretion, remove air any content contrary to this Agreement or applicable law, and may ban Interested author of such content, permanently deleting your Site registration of Blynk . If it deems it necessary, Blynk may denounce the Interested party to justice. The Interested party will be solely responsible for the content of its messages and will be fully liable for any damages caused to Blynk and / or third parties, agreeing to exempt Blynk from any responsibility in this regard and to exclude Blynk from the pole of possible judicial action due. Blynk reinforces the need for you to strictly follow the basic rules of personal security on the internet, such as not disclosing your personal data publicly.
Compliance with Laws
You shall comply with all the applicable laws including but not limited to the Information Technology Act, 2000 and rules and regulations made thereunder.
Trademark, Copyright and Restriction
The Website/ App is controlled and operated by Blynk and information regarding Services is provided by the respective User. Material on the Website/ App is solely for Your personal information. You must not copy, reproduce, republish, or distribute such material in any way, whether directly or indirectly and You must not assist any other person to do so without the prior consent of Blynk and, where applicable, the relevant User.
Intellectual Property Complaint
Blynk respects the intellectual property of others. In case You feel that Your intellectual property has been infringed, You can write to Blynk at email@example.com. However, Blynk’s role will only be limited in assisting You in communicating with the User who has infringed Your intellectual property. Blynk will not be obligated to be a part of any proceedings in any manner whatsoever.
You shall be responsible for the collection and payment of any and all of taxes together with the filing of all relevant returns, such as GST, TDS and issuing GST invoices/credit memos where required. We are not responsible for collecting, remitting or reporting any GST or other taxes arising from such sale.
You acknowledge and understand that the title to the goods proposed to be sold on the Website/ App rests with You. We shall not assume any title risk.
Severability and Waiver
Disclaimer of Warranties and Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE/ APP AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE/ APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW BLYNK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/ APP AND YOUR USE THEREOF. BLYNK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S/ APP’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE/ APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/ APP AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/ APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/ APP OR THE SERVICE. BLYNK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR ELIGIBLE ITEM OR SERVICE ADVERTISED ON THE WEBSITE/ APP YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
Applicable Law and Dispute Resolution
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
You may write to Rohan Singh at the following e-mail address:
You consent to receive communications via electronic records from Blynk periodically and as and when required.