| Address: Bangalore, Karnataka |
Hi,
I am writing in regards to the unacceptable violation of terms and conditions by Flipkart. I understand that this email is long but kindly read it as it contains vital information about the service that they offer.
Please see below for the sequence of events for your understanding.
April 12th 2015, order for 12 Lanterns placed with Flipkart and order confirmation received with order number: OD[protected].
April 14th 2015, shipment order confirmation received.
April 14th 2015, Cancellation Email received.
April 14th 2015, Called Customer Service and inquired the reason for cancellation. I was informed that the order was cancelled by customer. I was shocked and said that I did not cancel the order. The agent advised me to replace the order.
April 14th 2015, Went online to replace order and the product was not available.
April 14th 2015, Called customer service again and asked why the order was cancelled and I was informed that it was because customer had cancelled it. I stated that the ISP can be verified and it would not be mine. I asked to speak with the manager and was put in touch with the floor supervisor.
After a lengthy chat we acknowledged that the order might have been cancelled by the Seller as the required quantity may not have been available and said that it was terrible. I said that they could tell me that the Seller could not provide the quantity and it would have been better than to lie and say that the customer cancelled the order. I asked them to try and resolve this by contacting the Seller but they said that they did not have the contact number.I asked that they try and rectify this as it does not reflect well on the organisation and they said that they would check the same.
April 18th 2015, I was contacted by the seller who asked if I wanted the shipment. He said that the order was cancelled by Flipkart as the order was above 8kg. I was shocked and said that I was never asked if I wanted the order cancelled.
April 18th 2015, Called customer service and they said that if we wanted to place a bulk order then I have to send an email. I said that none of this was written online and i asked to speak to the complaints department.
April 18th 2015, Spoke with Shakih Abid a representative of Flipkart who informed me that there was a technical issue and that is why the order was cancelled. I said that it was blatant lies when they said that the order was cancelled by the customer. I also said that it was absolutley incorrect and unacceptable that they made the Seller in question look bad as I did not want to place an order with this Seller anymore and ordered from a new Seller instead. I was told that all sellers had an equal opportunity and I said that it was absolutely a lie as the order for 11 lanterns from the new Seller was being sent while the previous order was being cancelled for weight. I also informed Flipkart that this new order had cost me delivery charges when the other had not. I was cheated with the order and this was not an equal opportunity. I was finally told that Flipkart should have checked before cancelling
the order and it was wrong on their side to tell me that I had cancelled the order. I kept requesting to place a verbal complaint and was given the number[protected] after much hesitation along with this email address. I also informed that this was a breach of Flipkarts terms and conditions and I was mightley upset that they had created an unnecessary barrier of lies between the seller and customer.I have called the complaints number and there was no response.
Now I asked them why was there a break in terms and conditions and how do they intend to fix this and resolve my anguish. The order placed was for a wedding and other costs were involved to the accomodate of the style of the lanterns. I then had to change the entire design due to the order being cancelled by Flipkart without my consent and then having to order a more inferior product.
The breach of Terms and Conditions as outlined on your website are:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitationprice, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Flipkart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
Direct violation as they cancelled the order without the consent of the customer and lied about the customer cancelling the order. You failed to inform about the weight restrictions and also about how bulk orders must be placed. The order was accepted and confirmed by Flipkart as per the confirmation email that was sent.
3. Flipkart is not responsible for any nonperformance or breach of any contract entered into between Buyers and Sellers. Flipkart cannot and does not guaranteethat the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Flipkart shall not and is not required to mediate or resolve anydispute or disagreement between Buyers and Sellers.
Direct violation as they cancelled the order without the consent of the customer.
6. At no time shall Flipkart hold any right, title or interest over the products nor shall Flipkart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Flipkart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Direct violation as you cancelled the order and also made the seller look incompetent in the eyes of the customer. This resulted directly in the customer having to place and order with a different Seller thus ensuring loss of income for the
Seller in question.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Flipkart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Flipkart hold any any right, title or interest over the products nor shall Flipkart have any obligations or liabilities in respect of such contract. Flipkart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
This negates the statement that bulk orders should be placed via emails as stated by your customer service. You also broke the agreed contract between the seller and the customer by cancelling the order without the customer consent.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
All conditions were agreed when the order was placed and confirmation of the same was done. The order was cancelled by Flipkart without any consent from the customer and thus broke the agreement between the buyer and seller.
The information diplayed in terms of violation that is diplayed on your terms and conditions is:
Flipkart reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Flipkart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
I
am seeking to flie a fradulent complaint against the organisation of Flipkart for violating the terms and conditions and for the blatant lies that have been continously told by their representatives.
I have contacted their concerned department and all they state is that the refund was done. I never once had asked about the refund and just why they had cancelled the contract and lied all the while about it. I have all email trails about the conversation and their response to my queries.
Kind Regards,
Vivian Lobo
