Terms of Sale :-
Obly Prepsterms of sale (the “Terms of Sale”) is an electronic record in the form of electronic contract under the Indian Contract Act, 2000 (the “Act”), or any rules prescribed under the Act.
These Terms of Sale does not require any physical, electronic or digital signatures.
The Obly Preps website and Obly Preps mobile applications (hereinafter referred to collectively or
individually as “Online Platform”) are owned and operated by oblypreps.com a
company incorporated under the Companies Act, 2013 with its registered office at 8A Beli Road, New Katra
The Terms of Sale is legally binding on both the Seller and Buyer, where the Seller has made offer to sell digital
and/ or physical products/services by listing the same on the Obly Preps Platform and Buyer has accepted such
offer by agreeing to buy the product or use the service, in current or future date. These Terms of Sale will be
effective and binding on the Buyer upon Seller’s advertising, exhibiting or publishing the product/services on the
Obly Preps Platform. These terms will be binding on the Buyer on his consent to buy the product / services.
The terms may contain certain disclaimers which will be binding on both the Buyers and the Sellers.
Users are advised to read the Terms of Sale carefully. The Terms of Sale are in addition to the Terms, agreement,
privacy policies, and other policies of the Company. Obly Preps can include/exclude/modify Terms of Sale any
time, which will be binding on Buyer and the Seller and such conditions may or may not be part of this agreement.
The consent, by acceptance or use, will be considered as binding on the user (Buyer or Seller) and will be
unconditional, subject to the provision of the Act.
2. Offer and acceptance of product/services
- Buyer – Any user (whether registered or not), who purchases the products or services from the Seller (as
defined in the policy below), through the Obly Preps Platform.
- Seller – Any person/legal entity which lists/exhibits/offers to sell/ advertises /market, their products on the
Obly Preps Platform.
- The Company – These Terms of Sale refer Obly Preps as us, we, Obly Preps or
the Company, and should be construed accordingly.
- Obly Preps has a website and mobile
applications wherein the Sellers can provide their offerings and the Buyers can view/avail such offerings and
enter into binding contracts with the Sellers. For the purposes of all policies, it will include the website as well
as the mobile application.
3. Seller Eligibility
- The agreement is between the Buyer and the Seller as defined in the Terms of Sale and will be binding on
both. The Seller has the option to repudiate the contract any time before the delivery is made to the Buyer,
and will provide a reason for the same to the Buyer. We have the right to cancel any contract, for any
reason per the policies of the Company or as required by a law/decree/instruction from a law enforcing
The Services on the Obly Preps Platform are only available to persons who are competent to enter into legally
binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to
contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc.,
are not eligible to use the Obly Preps Platform. Any person using the Services on behalf of a proprietor/
partnership/ firm/ company, represents and warrants that he is duly authorized to accept the Terms of Sale on
behalf of the Seller and that such person has the authority to bind the Seller to these Terms of Sale.
4. Seller Undertaking & Obligation
The Seller acknowledges that it shall at all times have marketable and legal ownership and title in respect of all
Products offered on the Obly Preps
Platform and the Seller shall pass on the marketable and legal ownership and
title in respect of a Product to the Buyer upon successful completion of delivery and acceptance of the Products by
the Buyer. The Seller will be the owner and all the ownership rights and property of, in and upon the Products and
any other property entrusted to the Company and/or the authorized representative of Company in relation to the
services and/or the additional services rendered by the Company in accordance with the Terms of Sale until the
Products are transferred to the Buyer shall vest in the Seller and thereafter upon completion of successful
transaction with the Buyer.
The Seller hereby undertakes that all Products which are displayed or sold through the Obly Preps
delivered through Obly Preps
distribution network to the Buyers are allowed to be sold in India as per the
applicable laws and the products provided to the Company by the Seller for delivery/ distribution shall at all times
comply with the specifications for packaging, labeling, delivery/ distribution under the applicable laws, including
without limitation the rules and regulations of the Legal Metrology Act, 2009 read with the Legal Metrology
(Packaged Commodities) Rules, 2011, International Air Transport Association (as maybe applicable) and the Motor
Vehicles Act, 1988 read with the applicable rules (as maybe applicable).
The Seller has the obligation to fulfill every order placed by the Buyer and confirmed on Obly Preps
per the inventory given by the Seller. The Company has the right to blacklist the Seller in case the order is not
- Offer of sale of each product / service might be different and will be governed by the Seller and all the relevant
details that are included by the Seller on the Obly Preps Platform. The Seller is under the obligation to provide
any additional terms or conditions which may apply to any particular product or service offered by the Seller on
the Obly Preps Platform.
The Seller represents to the Buyer that:
- He has the right to sell the product or service to the Buyer
- Products/service shall be free of charge or encumbrance in favor of a third party
- Products/service shall meet the description provided on the Obly Preps Platform and as provided by the
- Buyer shall enjoy quiet possession of the products, where applicable
- The pricing of any product is the prerogative of the Seller and he reserves the right to change the price of the
product any time. In case, the selling price on the Obly Preps is mentioned incorrectly then the Seller or the
Company has the option to cancel the order.
- The transaction price includes all taxes, unless otherwise specified.
8. Returns And Refund
The delivery of the product/services shall be made as per the conditions defined in the description of the
product/service, and may vary for each item listed by the Seller, and the definition of delivery shall be
determined as per the product (Physical or Digital).
The title of the product may or may not vest with the Buyer for all products. Where the Buyer is in possession
of any product or services which has Intellectual Property Rights (IPR) including but not limited to Copyrights
and Trademarks attached to it, the Buyer is under the obligation to comply with such rights. The Seller or the
Company shall have all rights to take legal action against the Buyer in case there is any infringement of any IPR
by the Buyer.
9. Cancellation For Physical Product
- For Digital Products
Refund/Return shall NOT be allowed for digital products purchased on Obly Preps Platform. All requests for
refund / return are subject to the prerogative of the Company or Seller, as the case may be, and The Company is
under no obligation to the provide a refund or entertain a return except where it deems appropriate.
For Physical Products
Return of physical products by the Buyer will be eligible only if the Buyer raises a written complaint by emailing the
return request details to support@Obly Preps.com within 48 hours of delivery of the product, subject to the below
mentioned conditions being fulfilled:
- Wrong product has been delivered to the Buyer or if Book printing from printer is not proper. Buyer is
required to send the proof by email
- Products delivered by non-publication houses ( including but not limited to coaching institutes, tutors,
individual authors etc.) is non-returnable
- The product should be undamaged and without any scratches, tears or holes
Refund Process For Physical Products
The following refund process shall be followed within 15 days post receipt of the product from buyer
- After receipt of the product back from the Buyer, the Seller would endeavor to ship the replacement item
to the Buyer.
- In case the replacement item is out of stock, the price paid by the Buyer would be refunded to the Buyer.
- Where applicable, before taking delivery the Buyer should ensure that the packaging is not damaged.
- The return/refund may be subject to additional conditions which may not have been disclosed under this
policy, and shall be intimated to the Buyer at such time.
- Cancellation by the Buyer: The Seller reserves the right to accept the cancellation request. As a practice, the
Seller may accept cancellation where the order has not been dispatched and may provide refund within
reasonable time. Seller may not cancel the orders that have already been dispatched.
- Cancellation by the Seller: The Seller may cancel the orders, either directly or through us, for whatever reason
as he may deem fit. In cases wherein the Seller cancels the order, a valid reason shall be provided to the Buyer
and a refund will be processed on immediate basis. The mode of reversal/refund shall be at the option of the
Seller/Company, as the case may be.
- Cancellation by the Company: The Company reserves the right to cancel any order without any prior
notification to the Buyer, which may be due to a technical fault, at the request of Buyer or Seller, circumstances
beyond the control of the Company or as required by the law. Under such circumstances, the refund of the
amount paid will be processed as per the refund policy.
Cancellation request by the Buyer will NOT be accepted for a digital product.
10. Governing Law
11. Jurisdiction For Product Sales
- The Terms of Sale shall be governed by the law of India without reference to any conflicts of principles. The
place of jurisdiction shall be exclusively in New Delhi.
- The Terms of Sale are solely for the benefit of users, their successors or assignees.
Obly Preps makes no representation that the products sold on Obly Preps are appropriate or available for use
outside India. Physical products are for sale only in India. Obly Preps or the Seller is not responsible for delivery of
product ordered from other countries other than India.
- Obly Preps is only an intermediary owning the Obly Preps Platform and its role is limited to managing the
Platform to enable the Sellers to exhibit, advertise, display, make available and offer to sell the products /
services and for Buyers to avail such services or buy such products and other incidental services to Buyer and
Seller. Accordingly, the Contract for sale shall be bipartite contract between Buyer and Seller, and the Company
shall not have any liability related to the contract.
- We do not warrant that the Product description or other content anywhere on Obly Preps Platform is accurate,
complete, reliable, current, or error-free and assume no liability in this regard.
- We do not control, endorse or accept any responsibility of any of the products or services listed on the
Obly Preps Platform. The Company shall not be held responsible for breach of any rights/obligation related to
any contracts between Buyer and Seller, and/or infringement of any rights/IPR’s/copyrights of any of the
products or services listed on the Obly Preps Platform.
- Each product/service may be subject to additional conditions by the Buyer, over which we have no control.
Buyer understands his/her responsibilities and is entering into a contract, only after understanding all the
related risks. We undertake no responsibility for any actions of either the Buyer or Seller, in relation to any
anything related to a contract entered through the Obly Preps Platform.
- We undertake no obligation that the pricing of the offering made by the Seller, is accurate, proper and valid.
- We undertake no obligation to ensure timely delivery of products or services, as the same is controlled by the
- In no event shall Obly Preps be liable to either the Seller or Buyer for any direct, indirect, incident, special,
punitive, or consequential damages of any kind in connection with these Terms of Sale.
- The Buyers and Sellers ("Indemnifying Party") hereby irrevocably and unconditionally agree to indemnify and hold
Obly Preps and its affiliates, directors and employees ("Indemnified Party") harmless from and against any and all
liabilities, losses, damages, costs, claims, actions, proceedings, judgments, settlements, expenses or the like
(collectively "Loss") which may be suffered or incurred directly or indirectly as a result of any misrepresentation or
breach of any representation or warranty made by Indemnifying Party, or due to negligence, fraud or misconduct,
or failure to perform any covenant or obligation or undertaking contained in any agreement by the Indemnifying
Party. Notwithstanding anything contained herein, the Company shall be entitled, in its absolute discretion, to take
such action as it may deem necessary to avoid, dispute, deny, resist, appeal, compromise, contest or settle any
Claims (including without limitation, making Claims or counterclaims against Third Parties). The Parties (including
for this purpose, their Affiliates) shall not be liable for each other's indirect, incidental, special or consequential
damages or liabilities (including lost profits or lost Revenues or loss of business reputation or opportunity) of any
kind based on any claim under this Agreement, regardless of whether such liability arises in tort, contract, breach
of warranty, indemnification or otherwise.