The term ‘FoneShop’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is at G-11 Hafeez Center Gulberg 3, Lahore, Punjab, Pakistan – 54000
The term ‘you’ refers to the user or viewer of our website.
By registering on our website you agree to the following:
- You will provide true, accurate, current and complete information about yourself as prompted by FoneShop’s registration form (the “Registration Data”)
- Your store name shall not include the word “FoneShop”
FoneShop may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to FoneShop upon such requests. You acknowledge and agree that if you do not, FoneShop without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- The content of the pages of this website is for solely for the purpose of providing product information. It is subject to change without notice.
Trademarks: All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. “FoneShop” and related logos, and other words and logos on the site are either unregistered trademarks or registered trademarks of FoneShop and are protected by international trademark and other intellectual property rights and laws. FoneShop’s trademarks may not be used in connection with any product or service that is not FoneShop’s nor in any manner that disparages or discredits FoneShop. All other trademarks not owned by FoneShop that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FoneShop.
- Copyright: All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either FoneShop, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of FoneShop and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- Our website:Your use of this website and any dispute arising out of such use of the website is subject to the laws of Pakistan. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- Privacy: All the information provided the buyers and sellers are strictly confidential in accordance with the applicable laws and regulations of Pakistan.
- Taxes: You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the site and you agree to bear any and all applicable taxes as per prevailing law.
- Loss: We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the site.
- Warranty & Return:Check our policy at https://FoneShop.pk/Warranty-Returns
- Refund policy:In case there are no options for replacement, your money will be refunded within 10 days if deposited by bank, and within 5 days for Easypaisa, or credit/debit cards transactions.
- Pricing: All prices are listed in Pakistani Rupees and are inclusive of GST, and are listed on the site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Availability and Order Processing:all the items present on the site are available. As we process your order, in case of any mishap you will be informed by e-mail or SMS if any products you order turn out to be unavailable.
- In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline.
- Waiver: You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
- Licensing:Content provided on this site is solely for informational purposes. This site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.
- Electronic Communications: You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. FoneShop requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Fees and Services: FoneShop is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers. Membership on the Site is free. FoneShop does not charge any fee for browsing, bidding and buying listed items on the Site. FoneShop charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items. Sellers must pay all fees due and payable to FoneShop after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from FoneShop by submitting an online no-sale claim. Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site. FoneShop may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. Unless otherwise stated, all fees shall be quoted in your country’s currency. You must pay all fees payable to FoneShop (and any applicable taxes or charges) within 30 days of the date of any invoice to you from FoneShop with a valid payment method as set out in our Fees & Credit Policy. In case of non-payment of fees and/or any applicable taxes and charges by you to FoneShop, without prejudice to any other rights and remedies of FoneShop under this User Agreement or at law, FoneShop without liability reserves the right to:
- Issue you with a warning regarding the non-payment in question.
- Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of FoneShop issuing a warning to you.
- FoneShop also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to FoneShop
- Invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).
- Take any steps FoneShop considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
- Undeliverable Items: FoneShop and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to FoneShop to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to FoneShop. Furthermore, FoneShop is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
- Abusing FoneShop: Please report problems of any kind or violations of this User Agreement to FoneShop. If you believe that your intellectual property rights have been violated, please notify FoneShop. Without prejudice to any other rights and remedies of FoneShop under this User Agreement or at law, FoneShop may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also FoneShop can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
While using the Site, you will not:
- post Information or content or list items in an inappropriate category or areas on our Site;
- post items you do not have a right to link to or include;
● post items that are concurrently listed for sale on a website other than the Site;
● post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
● post counterfeit or stolen items;
● post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
● post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
● post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
● post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
● post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
● post Information or content or list items which may (in our sole discretion) threaten national security;
● post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
● use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
● fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
● fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
● attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
● claim an item was not sold when in FoneShop’s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;
in case of purchase of/placing a successful bid for an artwork which is marked as “non-exportable” on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
● manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
● circumvent or manipulate our fee structure, the billing process, or fees owed to FoneShop;
● take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to FoneShop);
● transfer your Site account (including feedback) and username to another party without our consent;
● distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
● distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
● create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
● take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
● interfere or attempt to interfere with the proper working of the Site;
attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
● export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
● copy, modify, or distribute any content from the Site or otherwise infringe ● the Site’s copyright material and/or trademarks in any way;
● violate any laws, rules, regulations, guidelines, third party rights or our policies;
● abuse FoneShop’s Shipping Policy , MyWallet Policy , Listing Policy , or any of FoneShop’s other policies or terms and conditions posted on the Site from time to time;
● directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
● living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
weapons of any description;
● liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
● used cellular phone SIM Cards, except if the transaction is in accordance with the local operators’ rules pertaining to transfer of ownership of the same;
items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
any items identical to other items you have up for auction but which are priced lower than your other items’ price, the reserve price of such other item / minimum bid amount;
● fresh food;
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action:
- Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the site as available on the site at all times.
● Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
● Use the site for illegal purposes.
● Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
● Interfere with another’s utilization and enjoyment of the site.
● Post, promote or transmit through the site any prohibited materials as deemed illegal by The People’s Republic of Pakistan.
● Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the site and use the site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. FoneShop does not buy or sell items. FoneShop is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold FoneShop responsible for other users’ content, actions, or inactions, or items or Information they list or post. In particular:
- FoneShop is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with FoneShop nor shall FoneShop have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
● FoneShop is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
● FoneShop is not required to mediate or resolve any dispute or disagreement between users.
● FoneShop has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
● FoneShop does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, FoneShop does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is FoneShop a supplier or manufacturer of any items sold by users or purchased by users.
● FoneShop does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
● The Site may include links to third party websites that are controlled by and maintained by others. FoneShop cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that FoneShop is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
● Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and FoneShop holds no responsibility in respect of such arrangements.
● FoneShop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
● FoneShop excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
● You release and indemnify FoneShop and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
Limitation of Liabilities
To the extent permitted by law, FoneShop, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not FoneShop has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to FoneShop and FoneShop shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold FoneShop and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and FoneShop and you shall have no authority to bind FoneShop in any manner whatsoever.
Except as explicitly stated otherwise, any notices to FoneShop from you shall be given by you by email to FoneShop at marketing@FoneShop.pk with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by FoneShop by return email. Any notices to you from FoneShop shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Pakistan International Financial Centre – London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the Consumer court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the Consumer Court), the sole arbitrator shall be appointed by the Consumer Court. The seat or legal place of the arbitration shall be According to Pakistan Law. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of FoneShop to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and FoneShop shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
Transfer of Rights and Obligations
You hereby grant FoneShop the right to, and irrevocably acknowledge and agree that FoneShop may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. FoneShop agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of FoneShop, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of FoneShop.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and FoneShop with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, Pakistan law. This clause will survive any expiry or cancellation of this User Agreement for any reason.