Policy

1. Definitions

“Website”: www.motobhai.com
“Seller”, “we”, “us”, “our”: Durga Enterprises
“Buyer”, “you”, “your”: Any person or entity purchasing Products from the Website or in-store
“Products”: Goods listed for sale online or sold at our physical store
“3PL/Carrier/Courier”: Any third-party logistics/courier engaged to transport goods

2. Scope (Online & In-Store); Acceptance of Terms

These Terms & Conditions (“Terms”) govern all sales made via the Website and sales made directly from our physical store. By accessing the Website, placing an order online or in-store, or making a payment, you agree to be bound by these Terms & Conditions and our Privacy Policy.

3. Customers: B2B and Individuals

We sell to both B2B customers and individual consumers. For consumers, any non-excludable statutory rights under applicable law remain unaffected. To the extent permitted by law, these Terms allocate responsibilities and risks as set out herein.

4. Product Information & Availability

We strive for accuracy; however, specifications, images, and availability may change without notice. Customary minor variations do not constitute non-conformity.

5. Pricing, Taxes & Incoterms

All prices are Ex-Works (EXW) Seller’s warehouse, Incoterms® 2020.
Prices are exclusive of GST, duties, levies, freight, insurance, handling, and any third-party charges, unless stated otherwise at checkout or expressly agreed in writing.
We may correct typographical/clerical errors (including mispricing) and cancel/refund the affected orders.

6. Orders, Acceptance & Cancellations

Your order is an offer; acceptance occurs when we issue a written order confirmation or dispatch the Products.
We may decline or cancel orders (e.g. stock outs, pricing errors, KYC/regulatory constraints, suspected fraud).
Buyer-initiated cancellations before dispatch may attract a restocking/processing fee. Custom/indented/special-order items are non-cancellable.

7. Payment Terms

All orders are 100% advance before dispatch. Orders will not be dispatched until full cleared payment is received.
Payment is deemed received only when the funds are credited to our bank account. Sharing a UTR, payment advice, screenshot, or payment gateway status alone is not proof of payment.
If a payment is delayed/held/failed/reversed by any bank and payment gateway (any mode), such non-credit or delay is not our responsibility.
Accepted modes include bank transfer, UPI, net banking, payment gateway, and cash within legal limits.
TDS/TCS (All Taxes): Taxes are applicable as per Indian tax laws
All bank/payment charges are to the Buyer’s account.

8. Delivery, Shipping & Risk of Loss (Booking-Only Service)

EXW—Buyer pickup or Buyer’s carrier: We make goods available at our warehouse; risk of loss/damage transfers to the Buyer when goods are made available for pickup or handed to the Buyer’s carrier—whichever is earlier.
If we “book a shipment” for you: We act solely as your booking agent with the 3PL/courier on your behalf. Any couriers/options communicated are informational only and are not endorsements or recommendations. Estimated delivery timelines are indicative and non-binding.
Risk unchanged: Risk passes to Buyer upon handover to the 3PL/courier, even if we arranged the booking.
No in-transit insurance is provided by the Seller. Buyer should arrange insurance at its own cost if desired.
Claims for delay, loss, damage, pilferage, or mis delivery must be pursued directly by the Buyer with the 3PL/courier/insurer. We will provide reasonable documentation support (invoice, packing list) upon request, without liability.

9. Title & Ownership

Title to Products passes to the Buyer upon realization of full, cleared payment in the Seller’s bank account. Until title passes, Buyer holds Products as bailee and stores them separately, marked as the Seller’s property.

10. Address, GST & Compliance Responsibilities (Buyer)

Buyer is solely responsible for providing accurate and complete billing/shipping addresses, GSTIN, consignee details, state/place of supply, and any other information required for GST compliance before dispatch.
If details are wrong/incomplete or if required compliances are not met (e.g., e-invoice/e-way bill/HSN/address errors), any detention, seizure, or hold by GST authorities and all related consequences (penalties, storage, demurrage, re-delivery/return freight, legal costs) are the Buyer’s sole responsibility.
Post-dispatch address/GST changes are not guaranteed; where possible, they may incur extra cost and risk borne by Buyer.

11. Inspection on Receipt & Short-Quantity Claims (Dispatch Shortages Only)

Unboxing video mandatory within 12 hours for claims

12. Damage or Loss in Transit

Seller is not responsible for transit damages.

13. Returns & Replacements

Returns not accepted except verified cases

14. Warranties & Disclaimers

Products are supplied “as-is” with no warranty
No product warranty and no testing warranty is provided.

15. Technical Advice & Specifications

Any advice, data sheets, or application notes are informational only.

16. Use, Compliance & Resale

Buyer is responsible for Legal Usage (lawful handling, storage, installation, transport, resale, and regulatory obligations).

17. Limitation of Liability

Liability limited to amount paid for product.

18. Force Majeure

No liability for events beyond control.

19. Intellectual Property

All content belongs to Seller

20. Website/Account Use & Security

User responsible for account usage

21. Privacy

Handled as per Privacy Policy.

22. Third-Party Services

Seller not responsible for third-party services

23. Indemnity

You shall indemnify and hold the Seller harmless from claims, penalties, losses, and expenses arising from (a) your breach of these Terms, (b) misuse of Products, or (c) violation of law or third-party rights.

24. Governing Law, Jurisdiction & Dispute Resolution

Governing Law: Laws of India.
Arbitration: Uttar Pradesh
Jurisdiction: Uttar Pradesh

25. Notices & Contact

Durga Enterprises

Address: Shop No-12, First Floor, Mool Chand Rana Market, Sector 67, Noida, Uttar Pradesh, 201301 Contact: 9211637635

26. Amendments

We may update these Terms at any time.

27. Severability

Invalid clauses do not affect others.

28. Entire Agreement

This forms the complete agreement

Contact Information

Durga Enterprises

Address: Shop No-12, First Floor, Mool Chand Rana Market, Sector 67, Noida, Uttar Pradesh, 201301

Whatsapp: 9211637635