These Terms of Use (the "Terms") are a legally binding agreement between you and BIDUA INDUSTRIES PVT LTD ("CARTXIO", "we", "us"), the operator of the CARTXIO website at cartxio.com and the CARTXIO mobile application (together, the "Platform"). Please read them with our Privacy Policy, Buyer Protection, Refund & Return Policy, Shipping Policy and Seller Policy, which form part of these Terms.
1. Acceptance of these Terms
By creating an account, placing an order, listing goods or otherwise using the Platform you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Platform.
You must be at least 18 years old and capable of entering a binding contract under the Indian Contract Act, 1872. If you use the Platform for a business, you confirm that you are authorised to bind that business, and "you" includes that business.
2. What CARTXIO is (and is not)
CARTXIO is an online marketplace for liquidation, overstock, returned and surplus stock. We are an intermediary within the meaning of the Information Technology Act, 2000. Goods are listed and sold by independent sellers. Unless an order or invoice says otherwise, the contract of sale is between the buyer and the seller, and CARTXIO is not the seller, manufacturer, importer or warehouse keeper of the goods.
What we do provide: the technology to list and discover stock, seller KYC checks, an escrow-style payment hold, optional physical inspection, dispute handling, GST invoicing support and customer support.
A "verified" or "KYC-verified" badge means we have checked the seller's identity and registration documents. It is not a guarantee of the condition, quality, quantity or authenticity of any lot.
3. Your account
You may browse and add items to your cart without an account. An account is needed to place an order, raise an enquiry or sell.
- Give accurate, complete and current information and keep it updated (name, mobile number, email, address, GSTIN, PAN and bank details where asked).
- Keep your password and one-time passwords secret. You are responsible for all activity under your account.
- Tell us immediately at [email protected] if you suspect unauthorised use.
- One person or business may hold one buyer account and one seller account. Do not create accounts to evade a suspension, a limit or a fee.
- We may ask for KYC documents at any time, and may limit or suspend an account until they are verified.
4. Listings, prices and availability
Sellers are solely responsible for the accuracy of their listings: title, description, grade or condition, quantity, manifest, photographs, price, tax rate, location, lead time and any warranty. Liquidation stock is frequently sold as a lot, "as is" and "where is", and may contain items that are used, open-box, untested, missing accessories or cosmetically damaged, to the extent the listing says so.
- Prices are in Indian Rupees. GST and any other applicable tax is shown separately at checkout. A Buyer Service Fee (and GST on it), where it applies to a listing, is shown before you pay.
- Quantities are held for you only once an order is placed and payment is initiated. Stock shown in a cart is not reserved.
- We may remove or correct a listing, or cancel an order, if there is an obvious pricing or description error, suspected fraud, or the stock is no longer available. You will be refunded in full for any amount paid.
- Minimum order quantities (MOQ) and lot sizes shown on a listing apply.
5. Orders and the contract of sale
When you place an order and pay, you make an offer to buy. The order is confirmed when the payment is verified by our payment partner and the seller (or the Platform on the seller's behalf) accepts it. We will send a confirmation and, once the order is paid, a GST tax invoice.
If an order cannot be fulfilled (for example, stock turns out to be unavailable), it will be cancelled and the amount you paid refunded to the original payment method.
6. Payments and escrow
Available payment methods are shown at checkout. Bank-transfer orders require a UTR/reference and receipt; the order is marked paid only after Admin or Accounts verifies the transfer against the bank statement. An online gateway may be offered when enabled. We do not store your full card or bank credentials.
Payment is not released to the seller immediately. Seller settlement requires delivery, the end of the listing-specific voluntary return window (no returns or up to 7 days), resolution of any open return or dispute, and manual Accounts approval. Details are in Buyer Protection.
- If a payment is debited but the order is not confirmed, the amount is refunded automatically to the source account, usually within 5-7 working days after the bank processes it.
- Fees and taxes: the price you pay may include GST, the Buyer Service Fee and freight where applicable. Taxes are collected and remitted as required by law.
- You must not use the Platform to make or receive payments outside CARTXIO for orders that originated on it.
7. GST, invoices and tax collection
The seller identified on the order is the supplier of third-party goods. A registered seller is responsible for the applicable product tax invoice; CARTXIO may generate it on that seller's behalf. A platform payment receipt is not a substitute for the seller's invoice. Any CARTXIO marketplace commission charged to the seller and any buyer premium or other CARTXIO service charged to the buyer must be documented separately from the seller's goods invoice, with applicable taxes. Supply correct billing details and GSTIN before ordering. Input tax credit depends on applicable law, not merely entering a GSTIN.
An order containing goods from different sellers requires supplier-specific documents. Invoices and settlement statements must use the amounts and commercial terms recorded for that transaction, not later fee settings. Refunds and corrections must be documented through applicable credit notes or adjustments rather than silently changing an issued invoice. Shipping and other services must identify the actual supplier and the charges disclosed before payment.
As an e-commerce operator we collect tax at source (TCS) under the CGST Act, 2017 and deduct tax at source (TDS) under the Income-tax Act, 1961 on payments to sellers, as applicable, and file the related returns.
8. Delivery, risk and title
Delivery terms are in the Shipping Policy. Risk in the goods passes to the buyer on delivery unless the seller's listing says otherwise. Title passes when the seller receives the price after escrow release.
You must inspect the goods promptly on delivery, photograph the packaging before opening, and report any shortage, damage or mismatch within the time stated in Buyer Protection.
9. Returns, refunds and disputes
Because most stock on CARTXIO is liquidation or surplus stock, change-of-mind returns are not generally available. Refunds and replacements are available in the cases set out in the Refund & Return Policy and Buyer Protection, including non-delivery, wrong item, quantity shortfall, damage in transit and material difference from the description.
A dispute must be raised from the order page within the allowed time, with evidence. We will review it, hear the seller, and decide a full refund, a partial refund, a replacement or no refund. Our decision on the facts of a dispute is made in good faith and does not limit your statutory rights.
10. If you sell on CARTXIO
Sellers must also accept the Seller Policy, which covers KYC, GST, fees, payouts, packing and dispatch, returns and the consequences of breach. In summary: you must own or be authorised to sell the goods, describe them accurately, dispatch on time, honour valid disputes and not sell prohibited items.
11. Prohibited use
You agree not to:
- list or buy goods on the Prohibited Items list, or any goods that are illegal, counterfeit, stolen, recalled or infringe someone's rights;
- misrepresent a product, your identity, your business or your reviews;
- manipulate prices, place fake orders or bids, or collude to defeat the escrow or dispute system;
- take a transaction off the Platform to avoid fees or protections;
- scrape, crawl, copy or resell Platform data; probe, scan or test the security of the Platform; introduce malware; or overload it;
- harass, threaten or defame other users or our staff;
- use the Platform for money laundering, terrorist financing or any unlawful purpose.
12. Content you post
You keep ownership of listings, photographs, reviews and messages you post, and you give CARTXIO a worldwide, non-exclusive, royalty-free licence to host, display, reproduce and adapt them to operate and promote the Platform. You promise you have the right to post it and that it does not infringe anyone's rights or break the law.
We may remove content that breaks these Terms or the law, and we act on valid takedown notices under the IT Rules, 2021.
13. Intellectual property
The CARTXIO name, logo, design, software and content (other than user content) belong to BIDUA INDUSTRIES PVT LTD or its licensors and are protected by law. You may use the Platform for its intended purpose only. You may not copy, modify, distribute or create derivative works from it without our written permission.
14. Privacy
Our Privacy Policy explains how we collect and use personal data. By using the Platform you agree that we may process your data as described there, including sharing the details a seller or logistics partner needs to fulfil your order, and your KYC data with verification and payment partners.
15. Disclaimers
To the fullest extent permitted by law, the Platform is provided "as is" and "as available". We do not warrant that it will be uninterrupted, secure or error-free, or that any listing is accurate or any lot is of a particular quality. We do not guarantee that a seller will perform; our responsibilities regarding payments and disputes are those stated in these Terms and Buyer Protection.
16. Limitation of liability
Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud or for death or personal injury caused by our negligence, or any right you have under the Consumer Protection Act, 2019.
Subject to that, CARTXIO is not liable for indirect, incidental or consequential loss, loss of profit, revenue, goodwill or business opportunity, or for any act or omission of a seller, logistics partner or other user. Our total liability to you for any claim relating to an order is limited to the amount you paid for that order (excluding amounts already refunded).
17. Indemnity
You will indemnify CARTXIO and its directors, employees and partners against claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, your listings or content, your violation of law or of a third party's rights, or your misuse of the Platform.
18. Suspension and termination
You may close your account at any time by writing to us, subject to completing open orders and disputes. We may suspend or terminate an account or remove listings, with notice where practicable, for breach of these Terms, suspected fraud, legal requirement or risk to other users. Provisions that by nature should survive (payments owed, indemnity, liability, governing law) survive termination. Held funds will be settled or refunded according to the order status and the dispute rules.
19. Changes to these Terms
We may update these Terms from time to time. We will post the new version with a new date and, for material changes, notify you in the app or by email. Continued use after the effective date means you accept the changes. Orders already placed are governed by the Terms in force when they were placed.
20. Governing law and disputes
These Terms are governed by the laws of India. Please first write to us (see Grievance Redressal) so we can try to resolve your complaint. Any dispute that is not resolved within 30 days will be referred to arbitration by a sole arbitrator appointed by mutual consent under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Noida, Uttar Pradesh, and the language will be English. Subject to that, the courts at Gautam Buddh Nagar (Noida), Uttar Pradesh have exclusive jurisdiction. Consumers may also approach the consumer commission having jurisdiction and the National Consumer Helpline (1915).
21. General
These Terms and the policies referred to in them are the entire agreement between you and CARTXIO about the Platform. If a provision is held invalid, the rest remains in force. A failure to enforce a right is not a waiver. You may not assign your rights without our consent; we may assign ours to an affiliate or successor. Notices to you may be given by email, in the app, or by SMS to your registered contact details.
22. Contact
BIDUA INDUSTRIES PVT LTD, Suite 209, C-104, Sector 65, Noida, Uttar Pradesh 201301, India. Email: [email protected].
BIDUA INDUSTRIES PVT LTD
Suite 209, C-104, Sector 65, Noida, Uttar Pradesh 201301, India
