Terms of Use
Questions about Device Sale?
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support@switchkart.com1. Parties and Nature of This Agreement
This is a legally binding agreement between You, the seller of the device (“Seller”, “You”), SwitchKart Technologies Private Limited (“SwitchKart”), operating the platform at www.switchkart.com and the SwitchKart mobile application (the “Platform”), and the independent third-party buyer who purchases your device through the Platform (“Buyer”). Together, SwitchKart and the Buyer are referred to as “we”, “our”, or “us” for the purposes of this document.
SwitchKart acts solely as a platform enabling Sellers who comply with these Terms of Use to sell their device to a Buyer. You conduct your actual sale directly with the Buyer and, unless otherwise specifically indicated, not with SwitchKart. SwitchKart does not control and is not liable for any aspect of the transaction between you and the Buyer, including the valuation, condition assessment, or the Buyer's performance of its obligations. The Buyer is solely responsible to you for all aspects of the transaction.
2. Ownership Certification
3. Quotes Are Subject to Inspection
All quotations shown on the Platform (“Online Quote”) are indicative and pending physical evaluation of your device. No binding offer exists until your device has been inspected. We reserve the right, in our sole discretion, to:
- Refuse to purchase any device offered for sale, for any reason we consider reasonable;
- Change the quoted amount at any time prior to inspection.
4. When the Sale Becomes Binding
If you are given an Online Quote and, upon physical inspection of your device, the Buyer agrees to purchase it at that quoted amount; you are legally and contractually bound to sell the device to the Buyer for the confirmed price.
5. Price Revision on Inspection
If, upon inspection, your device is found to be:
- a) a different model or variant than originally declared;
- b) missing any parts or accessories; or
- c) in a different physical or functional condition than stated,
The Buyer reserves the right to revise the offer. If a revised price is presented, you may accept it — in which case the sale proceeds at the revised amount — or decline it, in which case no sale takes place; no payment is made, and your device is returned to you.
6. Required Documentation
Every device sold through the Platform must be accompanied by:
Government Photo ID
Self-attested government-issued ID proof of the device owner (Passport, Aadhaar Card, or other photo ID bearing address).
Signed Indemnity Form
A signed Indemnity Form, provided by SwitchKart, if required for your transaction.
7. Lawful Sale Only
You must own the right, title, and complete legal interest in the device you are selling. Your sale must not violate any law, regulation, or statute of any jurisdiction. The device (including any embedded software, licences, or hardware) must be free of any legal restriction that would affect its value or your right to transfer it, and must not be counterfeit, stolen, or contain harmful or offensive content. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, or licensed software associated with the device.
You agree to indemnify and hold harmless SwitchKart, the Buyer, and their respective affiliates, officers, directors, employees, and agents from any claim or demand made by a third party arising out of your access to or use of the Services, your violation of these Terms of Use, or the infringement of any right of any person or entity in connection with your sale.
8. Data Wipe and Release
It is your responsibility to back up and permanently erase all personal data on your device prior to handing it over. By proceeding with the sale, you confirm that you have erased or authorized SwitchKart/the Buyer to erase all data on the device, and that neither SwitchKart nor the Buyer is responsible if any data remains technically recoverable despite this process. You will not approach SwitchKart or the Buyer for retrieval of any such data.
9. No Return Once Sold
Once your device has been sold through the Platform and the sale is confirmed, it cannot be returned to you under any circumstances, except where SwitchKart determines, at its sole discretion, that the transaction was completed due to fraud, technical error, or mistaken pricing.
10. Ineligible Devices
Devices distributed as gifts under state-sponsored or NGO-funded distribution programs are not accepted for purchase on the Platform.
11. Payment Facilitation
Where you accept a confirmed offer, payment due to you from the Buyer will be facilitated by SwitchKart, acting solely as the Buyer's limited payment collection and disbursement agent, via UPI or bank transfer to the details you provide. Payment made to you in this manner is treated as payment made directly by the Buyer. Further details on payment timing and price-revision handling are set out in our Refund Payment, and Cancellation Policy.
12. Modification of These Terms
We reserve the right to modify these Terms of Use at any time without prior notice. Continued use of the Platform to sell a device following any such modification constitutes your agreement to the modified terms, which are effective immediately upon publication.
13. Fraud and Suspicious Transactions
SwitchKart and/or the Buyer reserve the right to cancel any transaction deemed suspicious or fraudulent, at their sole discretion, including where a device is suspected to be stolen, blacklisted, or misrepresented.
14. Governing Law
These Terms of Use are governed by the laws of India. Any claim arising from or relating to these Terms of Use shall be heard and resolved in the courts located in Bengaluru, Karnataka.
15. Contact Us
For questions about a specific transaction or these Terms of Use, please contact:
SwitchKart Technologies Private Limited
422, 3rd Floor, 302, 5th Main Road, HRBR Layout, 2nd Block, Kalyan Nagar, Bengaluru – 560043, Karnataka, India