ACCEPTANCE OF TERMS OF USE

• This document sets forth the terms and conditions governing the use of the domain name www.dacby.com, as well as the associated apps and website (collectively referred to as the “Apps/website”). DACBY Technologies Pvt Ltd, with its registered office at 137-E, KDA COLONY, DAHELI SUJANPUR SHYAM NAGAR, COD KANPUR Kanpur UP 208013 IN (referred to as “DACBY”), is the sole owner and operator of the Apps/website.
• By accessing or using the Apps/website, including its services and tools, you expressly agree to comply with and be bound by these terms and conditions, including all applicable policies incorporated herein. Any transactions conducted on the Apps/website are subject to the specific policies governing such transactions. Your continued use of the Apps/website constitutes a legally binding agreement between you and DACBY.
• These Terms of Use govern your access to and use of the Apps/website. By accessing or using the Apps/website, you acknowledge and agree to adhere to these Terms of Use, as well as any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Apps/website. All additional guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. You are solely responsible for maintaining the confidentiality of your password and account, and you bear full responsibility for all activities conducted under your account. Promptly notify DACBY of any unauthorized use of your password or account.
• DACBY retains the exclusive right to modify, amend, or update the Apps/website and these Terms of Use at its sole discretion, without prior notice. It is your responsibility to review these Terms of Use each time you access the Apps/website to stay informed of any changes.
• You acknowledge and consent that all communications, including marketing communications, may be provided to you electronically, either by posting them on our Apps/website, sending emails to the address you provided during registration, calling your registered phone number, or sending promotional SMS to the mobile number registered on our Apps/website. Furthermore, all service-related communications regarding your orders and account may be sent to your registered mobile number and email address.
• If you encounter any discrepancies in your orders or user data, it is imperative that you promptly report such issues to us at [email protected] for immediate resolution.
• All terms and conditions, as well as any online transactions on the Apps/website, are subject to the laws of Kanpur, India. DACBY shall not be held liable for any delays or damages resulting from unforeseen circumstances, including but not limited to Acts of God, pandemics, or other actions, whether governmental or otherwise, including war, riot, seizure, and embargo. By placing an order, the buyer unconditionally accepts the terms and conditions set forth by the seller. These Terms and Conditions shall be governed in all respects by the exclusive jurisdiction of the Courts of Kanpur, India.
• By submitting our webform, you expressly consent to receiving promotional calls and SMS on the provided phone number, which may originate from third-party platforms. You acknowledge that DACBY shall not be held responsible for any third-party communications, and any concerns or grievances regarding such communications should be directed to the respective third-party platform. Contact Details Of Grievance Officer -> Name : Deepak Verma | Phone Number – 7303394334

DISCLAIMER FOR PRODUCTS FACILITATED BY US

The following disclaimer applies to all products and their associated components facilitated by DACBY Technologies Pvt Ltd (referred to as “DACBY”)

• The pre-owned product may not include the DLC code originally bundled with the game at the time of its initial release.
• The manual booklet, if originally included with the game, may not be included in the pre-owned product.
• The art cover of the pre-owned product may vary from the one depicted on the product page, as game developers may introduce different art cover designs over time.
• Pre-owned game boxes that contain two discs may have a broken disc holder clip inside.
• The region of the disc in the pre-owned product may not be specific to India. However, DACBY has diligently verified the condition of the disc and confirmed its full functionality for the base game.
• The availability of a free digital upgrade to the PS5 version through a PS4 disc is not guaranteed for pre-owned products.
• The game box of the pre-owned product may exhibit minor damage, which does not affect the gameplay experience.
• Any warranty or guarantee provided by the original manufacturer of the game may not apply to the pre-owned product.

DACBY reserves the right to modify or update these terms and conditions for products at any time without prior notice. By purchasing or using the product, you acknowledge and accept these terms and conditions in their entirety. The use of the product implies your agreement and acceptance of all the terms and conditions outlined herein.

SHIPPING POLICY

• We offer Free Shipping on all orders, regardless of Prepaid or COD orders, subject to the terms and conditions outlined below.
• All shipments will be packed safely and securely to prevent damage in transit. While we take utmost care in packaging, in the event that any damage occurs during shipping, we encourage customers to promptly notify us and provide supporting evidence, such as photographs, so that we can initiate the appropriate resolution process. We strive to ensure customer satisfaction and will work towards a fair resolution in such cases of shipping-related damage.
• Orders placed before 2:00 PM IST, on a business day, will be shipped out the same day, subject to product availability. Orders placed after this time will be shipped the following day, or as soon as reasonably practicable. While we make every effort to ship the product as early as possible, any delays in shipping do not entitle the customer to cancel the order or claim compensation.
• We ship our products through reputed Courier partners such as BlueDart, Delhivery, Xpressbees, DTDC, or Speed Post, which are known for their reliable services. The choice of the courier partner is at the sole discretion of the Company.
• Transit time is typically 2-3 business days for Metro cities/state capitals and 3-5 business days for other cities. However, these are estimated times and are not guaranteed. The Company shall not be responsible for any delays in transit caused by the courier partner or any unforeseen circumstances beyond our control.
• Shipment details and tracking link will be provided in the Apps/website (www.dacby.com) once the product is dispatched. While we strive to provide accurate and up-to-date tracking information, we do not guarantee the accuracy or availability of the tracking services provided by the courier partner.
• Pre-Order orders will be shipped on the release date of the game, subject to factors such as product availability and logistics. The shipping details will be visible in the Apps/website (www.dacby.com) on the date of dispatch, but the Company does not guarantee the exact delivery date or time.
• We offer a free pickup facility through our courier partners for the games or other products you wish to sell to us. However, the availability of this service is subject to the courier partner’s operational limitations and certain pin codes may not be serviceable. The Company shall not be liable for any inconvenience caused due to non-serviceable pin codes or any issues arising during the pickup process.
• The Company reserves the right to modify or update the shipping policy at any time without prior notice. It is the responsibility of the customer to review the updated policy before placing an order.
• The customer is responsible for providing accurate and complete shipping information. In the event of incorrect or incomplete address details provided by the customer, resulting in failed delivery or return of the product, the Company shall not be responsible for any additional shipping costs or liabilities incurred.
• The Company takes utmost care to ensure that the product is delivered in good condition. However, in the event of any damage or discrepancies with the delivered product, we request customers to inspect the product upon receipt and promptly notify us within a reasonable time frame. We will make reasonable efforts to address the issue and provide an appropriate resolution, such as a replacement or refund, based on the specific circumstances. We value customer satisfaction and aim to resolve any concerns in a fair and timely manner.

By placing an order with DACBY, you agree to the terms and conditions outlined in this Shipping Policy.

Log Data

When you visit our Service, DACBY automatically collects Log Data, including but not limited to:

• Your computer’s Internet Protocol (IP) address.
• The type and version of your web browser.
• Pages visited on our Service.
• Time and date of your visit.
• Duration of time spent on those pages.
• Other related statistics.

This Log Data is collected to analyze and improve the user experience, troubleshoot technical issues, and monitor the performance of DACBY's website/apps. Log Data is anonymized and stored securely.

TRADE IN POLICY FOR SELL ORDERS

(Regarding Selling Items at www.dacby.com / Applications for Cash/Dacby Coins)

• Accuracy of Information: By engaging in the sell transaction, you affirm that all information provided regarding the item for sale, as well as information about yourself, is true, accurate, and complete to the best of your knowledge.
• Quality Check and Refusal of Custody: DACBY reserves the right to conduct a quality check of the item upon receipt and may refuse to keep the product in its custody if it does not meet the required quality standards.
• Return of Advance Payment and Logistic Costs: You will have the option to claim back your product upon returning the advance payment received. DACBY is entitled to recover logistic costs incurred, including warehouse storage and transportation costs, before returning the product to you
• Responsibility for Item’s Arrival Condition: You acknowledge that you are solely responsible for the arrival condition of the Item at DACBY facilities. It is important to carefully package the Item to ensure safe delivery to DACBY without damage.
• Damage to Products: While DACBY will take necessary precautions to keep the product safe, in the event that any damage occurs to the products due to reasons attributable to DACBY, DACBY will be responsible for compensating the seller appropriately. DACBY will make reasonable efforts to obtain insurance coverage for the products.
• Acceptance Criteria for Game Discs: Game discs with medium to heavy levels of scratches or burned edges will not be accepted, even if they are in working condition. This measure is being taken to maintain the quality of the pre-owned games kept by us. Such discs will be returned to you on payment of return shipping charges or shipped back for free along with a future buy order placed on our apps/website (www.dacby.com). If you wish to receive them back along with your buy order, you must notify us via email ([email protected]) after placing the buy order.
• Handling of Failed Testing Process: If one or more products from an order fail our testing process while others pass, you agree to provide us with the right to proceed with advance payment processing for the products that have passed the testing process and list them for onward sale. The products that have failed the testing process will be returned to you based on your choice of immediate return, which will be chargeable, or free return along with a future buy order (free return is applicable only for game discs and does not apply to any other tangible product).
• Inconsistent Item Description: If DACBY notifies you that your description of the Item is inconsistent with DACBY’s evaluation, you will be provided with a revised selling rate and our commission, if the product can still be accepted by us. You may choose to accept the updated value, or you may request the Item to be returned to you upon your payment of return shipping charges. Failure to promptly respond to our email within 3 days of being contacted will result in the presumption that the updated cash value option is selected, and the Item will be processed using the updated value.
• Deductions for Box and Art Cover: If the game is not received in its original box or is in a damaged condition, a deduction will be made from the sell value to cover the costs of replacing the box. Deduction values for a standard single-disc box are as follows: ₹ 100 for PS4/PS5 games, ₹ 150 for Xbox One/Xbox Series X games, and ₹ 200 for Nintendo Switch games. For special types of boxes, the deduction value will vary on a case-by-case basis, and you will be informed during the testing phase. If the game is received without its original art cover, ₹ 100 will be deducted from the game value.
• Missing Console Accessories: If the console is missing any included accessory, the value for the accessory will be estimated and deducted from the sale value. You will be informed of the deduction amount. The console is expected to be provided to us along with all the accessories originally included in the package as sold by the manufacturer.
• Testing Process Timeframe: The testing process for games is estimated to be completed within 24 hours, while consoles, accessories, or hardware, in general, may take 48 to 72 hours (approximately 3 days) from the time of shipment delivery to our office premises. While we strive to complete the testing process within these timeframes, you acknowledge and agree that there may be circumstances beyond our control that could cause delays. Therefore, DACBY shall not be held responsible for any delays in the testing process. We will make reasonable efforts to communicate any significant delays and keep you informed of the progress.
• Self-Shipments: If you choose to self-ship the Item, you agree to ship it to the address provided so that it arrives within 10 days of accepting the estimate. Failure to deliver the Item within 10 days from the order creation date may result in DACBY revising or withdrawing the estimate for the sell order or the outstanding cash or credit value of the item.
• Compensation for Self-Shipment: DACBY will cover your cost in case of self-shipment by offering an additional ₹ 100 to ₹ 150 in cash or credit for each shipment received. If products from multiple orders are received in a single shipment, ₹ 100 to ₹ 150 will be offered only once for the entire shipment. Alternatively, you can opt for our free pick-up service, subject to availability, for a hassle-free sale from the comfort of your home.
• Transit Responsibility: You acknowledge that DACBY will not be responsible under any circumstances for any loss or damage to the Item during transit. It is your responsibility to ensure appropriate packaging and choose reliable shipping methods to protect the Item during transportation.
• Ownership and DACBY’s Role: You warrant and represent that you are the sole and rightful owner of the product(s) or have the authority of the owner to sell the product(s). DACBY, being a marketplace, does not own the inventory in any case. DACBY acts as a custodian to keep the products safe and in working condition. DACBY pays you the advance price listed in app / website to protect your interest. The price provided on the site is system-generated based on certain criteria. If you wish to quote a higher price for your product, you must communicate it to us via email. Upon receiving the sale consideration from the buyer, DACBY deducts its commission, advance payment, logistic costs, etc., and remits the balance amount to you, if any. Your mobile number and email id will not be published alongside the product listing due to security concerns. However, at your request and at your responsibility, we may provide them. If you interact with the buyer directly, we will assist you in delivering the product to the buyer’s address upon receipt of payment. We transfer the balance consideration to you after deducting the charges. You are responsible for the delivery of goods to the buyers. DACBY may courier the products to the buyers upon your direction, and the cost will be included in DACBY’s commission.

SELLING PROCEDURE

Shipping Details:

• Please be advised that once you have placed a selling order, a designated courier service, such as Bluedart or Delhivery, will arrange for the pickup of the parcel within 24-48 hours.
• Please note that while reasonable efforts will be made to ensure timely delivery, DACBY shall not be held responsible for any delays in transit beyond our control. Factors such as unforeseen circumstances, logistical challenges, or issues with the courier service may impact the delivery timeline. Any such delays shall not render DACBY liable for any losses, damages, or inconvenience caused to the seller.

Payment Details:

• It is important to note that the estimated transit time for your parcel to reach our facility via courier is between 3 to 5 days.
• Upon successful receipt of your parcel, our dedicated team will conduct comprehensive testing on your console. Following the testing process, payment will be initiated within 24 to 48 hours.
• However, please understand that unforeseen circumstances or technical difficulties may arise, leading to potential delays in processing payments. In such instances, DACBY shall not be held responsible for any resulting inconvenience or loss suffered by the seller.

Packing Instructions:

• If you possess the original box for the product and it is in undamaged condition, you may utilize it for packaging.
• If you do not have the original box, it is necessary to use a box that adequately matches the dimensions of the product.
• Please ensure that the product is securely protected by utilizing an ample amount of foam and bubble wrap.
• Seal the box securely by properly taping the corners and edges.

Payment Calculation:

• The price indicated herein is applicable to a fully operational product without any physical damage and possessing an intact, non-tempered warranty seal.
• If any included accessory is missing from the product, the corresponding value will be deducted after providing prior notification.
• Should the product exhibit any physical damage or functional issues, the advance payment will be determined accordingly, and you will be duly informed prior to the payment process.

Legal Disclaimer:

It is important to note that the pricing and valuation provided by DACBY are subject to evaluation and assessment based on the condition and functionality of the console. DACBY reserves the right to revise the final advance payment amount based on such evaluations. The company shall not be held liable for any discrepancies arising from differences in expectations between the seller and DACBY regarding the console’s condition, accessories included, or functionality. The seller acknowledges and agrees to cooperate with DACBY’s testing procedures and accepts the final decision regarding the valuation of the console. DACBY acts solely as a marketplace platform, facilitating the sale of the seller’s console and disbursing payment on behalf of the buyer. DACBY does not claim ownership of the console at any point in the process and shall not be held responsible for any losses or damages incurred during transit. The seller warrants that they are the rightful owner of the console and possess the authority to sell the product. The seller shall indemnify and hold DACBY harmless against any claims, liabilities, costs, or expenses arising from any misrepresentation or breach of warranty regarding the console.

CASH ON DELIVERY (COD) ADVANCE BOOKING CHARGES

Advance Booking Charges: In some products of high value, when a customer places an order with cash on delivery payment method, they are required to pay advance booking charges. These charges serve as a booking fee and are non-refundable in case the customer refuses the parcel upon delivery

Booking Confirmation: The advance booking charges are paid at the time of placing the order to confirm the booking. The charges may vary depending on the nature of the product or other factors determined by Dacby.

Refusal of Parcel: If, upon delivery, the customer refuses to accept the parcel for any reason, the advance booking charges paid by the customer will not be refunded. This policy is in place to cover the costs associated with the booking, handling, and delivery process.

Understanding the Product: It is the responsibility of the customer to carefully review the product details, description, specifications, and any other relevant information provided on the Dacby platform before placing the order. This helps ensure that the customer has a clear understanding of the product they are ordering, minimizing the chances of refusing the parcel upon delivery.

Order Cancellation: If the customer wishes to cancel their order after placing it but before delivery, they must follow the cancellation policy outlined by Dacby. The cancellation policy may include specific timelines and conditions under which cancellations are allowed. In such cases, the advance booking charges may or may not be refundable, depending on the cancellation policy in effect at the time of the order.

DACBY COINS / WALLET / CREDITS

The following terms and conditions govern the use of DACBY Coins / Wallet / Credits on the apps/website (www.dacby.com):

• Upon registration on our website or apps, a DACBY Coins / Wallet / Credits account will be automatically created for you.
• Existing registered users of our apps/website (www.dacby.com) will also have a DACBY Coins / Wallet / Credits account created for them automatically.
• If you select the credit payment method when placing a sell order, the corresponding value will be credited to your DACBY Coins / Wallet / Credits account after it has successfully passed our testing procedure.
• The DACBY Coins / Wallet / Credits in your account can be used for future purchases exclusively on the apps/website (www.dacby.com).
• Any balance in your DACBY Coins / Wallet / Credits account is nontransferable and cannot be redeemed or withdrawn in the form of cash or bank transfer under any circumstances.
• Each DACBY Coin / Credit holds a value of Re.1 when used to purchase products from our apps/website (www.dacby.com).
• DACBY Coin / Credits can be utilized to purchase any products from our website without any restrictions.
• DACBY Coin / Credits have unlimited validity and do not depreciate over time.
• DACBY does not guarantee the availability or availability period of specific products for purchase using DACBY Coins / Wallet / Credits. Product availability is subject to stock and demand.
• DACBY reserves the right to investigate and take appropriate legal action against any individual or entity engaging in fraudulent, abusive, or unauthorized activities related to DACBY Coins / Wallet / Credits.
• By using DACBY Coins / Wallet / Credits, you acknowledge and agree to the above terms and conditions, as well as any additional terms or guidelines provided by DACBY.
• DACBY may amend or update these terms and conditions for DACBY Coins / Wallet / Credits at any time, and it is your responsibility to review them periodically.

The use of DACBY Coins / Wallet / Credits signifies your acceptance and agreement to abide by all the terms and conditions stated herein.

CANCELLATION / REFUND POLICY

• Please be advised that the following terms and conditions serve as a legally binding agreement between you and DACBY.com. By participating in any transaction or initiating a product return, you acknowledge and accept the terms outlined below. DACBY.com reserves the right to amend or update these terms at any time without prior notice.
• Order Cancellation: Customers may request to cancel buy or sell orders by contacting us at [email protected]. However, please note that cancellation is only possible if the shipment has not entered the transit phase.
• Returns for Damaged or Incorrect Products:
  • In the event of receiving a product damaged during transit or an incorrect item, customers must notify our customer support team via email at [email protected] within 24 hours of delivery.
  • Please be aware that pre-owned games are ineligible for return due to minor transit box damage.
  • Brand new products will not be accepted for return if the manufacturer’s packaging has been opened.
  • Requests for returns beyond 24 hours after delivery will not be considered for damaged or incorrect products.
• Returns for Pre-owned Games:
  • All pre-owned games adhere to a 24 hours replacement policy exclusively covering functionality issues.
  • Our pre-owned discs feature a logo stamp that facilitates easy identification and helps prevent fraudulent claims.
  • Returns or replacements will only be processed for discs bearing our official logo stamp. Returns will not be entertained if the stamp has been tampered with.
• Returns for Non-functional Products:
  • If a product is found to be non-functional, DACBY.com will arrange for a return pickup to assess the issue.
  • Replacement will be provided only if the returned product exhibits no physical damage and meets the criteria outlined in point 3.
  • Should the product be deemed fully functional, no replacement will be provided, and the product will be returned to the customer upon payment of necessary shipping charges.
• Warranty for Pre-owned Hardware:
  • DACBY.com provides a free repair service for pre-owned hardware ranging from 1 month to 1 year, commencing from the date of delivery.
  • Customers must promptly report any issues with the hardware to initiate the servicing process.
  • For issues reported within the free service period, the product will be serviced by our vendors. Customers must allow for a reasonable time frame as required by the vendor for servicing and fixing the product.
  • The free service will become void if the product exhibits physical damage, has been repaired by unauthorized entities, or if the warranty seal has been tampered with.
• Warranty Claims for Brand New Hardware:
  • Warranty claims for brand new hardware products, accompanied by the manufacturer’s warranty (details provided in the product description), must be made directly with authorized service centers designated by the manufacturer.
• Order Cancellation after Dispatch: Requests for order cancellation made after the product has been dispatched will not be accommodated.
• Refund Processing Time: Customers are advised to allow up to 7 working days for the refund process to be completed
• Refund Method: Refunds will be processed exclusively to the original mode of online payment and cannot be issued through alternative payment methods.
• Refund Eligibility: Refunds will be provided solely under the following circumstances:
  • Unavailability of the same product for replacement.
  • Delivery of incorrect product(s) that do not match the customer’s order.
  • Cancellation of an order prior to dispatch.
  • Cancellation of an order due to stock unavailability.
• Please ensure that you carefully read, comprehend, and agree to these terms and conditions before engaging in any transaction or return. For further inquiries or concerns, please contact our customer support team at [email protected].