Commerce Policies

Table of Contents

1. Preamble: Commerce Mission, Merchant Scope & Statutory Grounding (Clause CP-PRE)
2. Section 2.1: Prohibited Goods — Zero-Tolerance Blacklist (Clause CP-2.1)
3. Section 2.2: Regulated Commodities & Mandatory Certifications (Clause CP-2.2)
4. Section 2.3: Catalog Representation & Photography Integrity (Clause CP-2.3)
5. Section 2.4: Intellectual Property, Brand Rights & Anti-Counterfeiting (Clause CP-2.4)
6. Section 2.5: Interactive Bargaining Engine & Fair Bargaining Standards (Clause CP-2.5)
7. Section 2.6: Merchant 60-Minute Acceptance SLA & Operating Schedules (Clause CP-2.6)
8. Section 2.7: Cash-on-Delivery (COD) & 8-Digit Cryptographic QR Handshake (Clause CP-2.7)
9. Section 2.8: Nine-Step Return State Machine & Dispute Resolution Policy (Clause CP-2.8)
10. Section 2.9: Pricing Transparency, Fair Charges & Anti-Price-Gouging (Clause CP-2.9)

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Preamble: Commerce Mission, Merchant Scope & Statutory Grounding (Clause CP-PRE)

P.1 Hyperlocal Commerce Mission

The Near Buy provides an open, fair, and technologically advanced digital commerce infrastructure designed to connect neighborhood brick-and-mortar retail merchants directly with nearby consumers. By transforming local retail shops, neighborhood stalls, and licensed independent suppliers into verified digital storefronts, the platform brings speed, safety, and price flexibility to everyday local retail trade.

This document sets forth the comprehensive Platform & Commerce Policies that govern all commercial activities on The Near Buy. It establishes mandatory standards for product onboarding, inventory legitimacy, price negotiation, physical order handovers, and return resolution.

P.2 Merchant Eligibility & Verification Thresholds

Commerce privileges on The Near Buy are an earned operational trust. To list inventory, accept orders, negotiate transactions, and receive digital escrow disbursements, every merchant must satisfy the following minimum baseline criteria:

• Legal Capacity & Age: The merchant principal or designated shop manager must be at least 18 years of age and possess full legal capacity to enter into binding commercial contracts under the Contract Act, 1872.
• Identity Verification: Submission and biometric/algorithmic validation of a government-issued National Identity Card (NID) belonging to the business owner or managing partner.
• Commercial Legitimacy: Compliance with the Ministry of Commerce Digital Commerce Operation Guidelines 2021, including the mandatory submission of a valid Municipal Trade License, a 13-digit Business Identification Number (BIN) issued by the National Board of Revenue (NBR), or a registered Unique Business Identification (UBID).
• Physical Presence: Demonstration of an active, verifiable physical retail premises, workshop, or designated neighborhood pickup point within the platform’s active geographic operational radius.

P.3 Statutory & Regulatory Framework

All commercial transactions conducted across The Near Buy ecosystem are strictly governed by the substantive and procedural laws of the People’s Republic of Bangladesh. Specifically, these policies operationalize:

1. Digital Commerce Operation Guidelines (2021): Ensuring clear product disclosures, delivery timelines, transparent merchant identity, and non-discriminatory service delivery.
2. Consumer Rights Protection Act (2009): Enforcing strict civil and criminal prohibitions against selling substandard goods, misrepresenting product origins, delivering expired items, refusing promised services, or charging prices exceeding declared retail ceilings.
3. Bangladesh Standards and Testing Institution (BSTI) Standards: Enforcing compulsory standardization and certification marking for personal care cosmetics, domestic electrical appliances, sanitary goods, and child safety items.
4. Directorate General of Drug Administration (DGDA) Directives: Governing therapeutic claims, pharmacy licensing, and restrictions on unauthorized medical consumables.
5. Bangladesh Telecommunication Regulatory Commission (BTRC) Guidelines: Ensuring consumer electronic devices and wireless communication hardware comply with national spectrum and type-approval standards.

P.4 Non-Food Scope Clarification

The Near Buy operates exclusively as a non-food retail marketplace covering physical merchandise categories such as electronics, home goods, apparel, personal care, hardware, tools, stationery, and lifestyle accessories. The platform does not onboard restaurants, food stalls, prepared meals, raw groceries, or perishable foodstuffs.

P.5 Universal Merchant Obligations

By maintaining an active merchant storefront on The Near Buy, each seller covenants and agrees to:

• Publish only authentic, legally acquired, non-food, and unencumbered merchandise.
• Honor all accepted orders and negotiated bargaining agreements in good faith.
• Fulfill local deliveries and customer collections strictly within the platform’s prescribed Service Level Agreements (SLAs).
• Abide fully by the platform’s multi-step dispute, inspection, and return procedures without imposing unauthorized extra-contractual conditions on consumers.

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Section 2.1: Prohibited Goods — Zero-Tolerance Blacklist (Clause CP-2.1)

The Near Buy maintains a comprehensive, zero-tolerance blacklist of items that are strictly prohibited from being listed, advertised, negotiated, sold, or delivered through the platform. These prohibitions apply universally across all digital storefronts, product catalogs, bargaining consoles, and customer communications.

2.1.1 Food, Perishable Groceries & Ingestible Consumables

The Near Buy is dedicated exclusively to non-food retail merchandise. The following consumables are strictly outside the operational scope of the platform and may not be listed or fulfilled:

• Fresh & Perishable Groceries: Raw meats, poultry, fresh fish, raw seafood, fresh fruits, raw vegetables, and eggs.
• Cooked & Prepared Foods: Restaurant meals, street food items, catering trays, bakery items, hot beverages, and prepared snacks.
• Packaged Foods & Ingestibles: Packaged groceries, edible oils, flours, spices, confectioneries, canned foods, bottled drinking water, soft drinks, infant formula, baby food purees, and dietary supplements intended for ingestion.

2.1.2 Weapons, Explosives & Hazardous Tactical Items

Merchants may not list, barter, or distribute:

• Firearms & Munitions: Any lethal or non-lethal firearm, handguns, rifles, airguns, pellet guns, replica weapons, firearm components, ammunition, and cartridge reloading supplies.
• Explosive & Pyrotechnic Materials: Fireworks, firecrackers, gunpowder, commercial explosives, blasting caps, and detonation cords.
• Bladed Weapons & Tactical Implements: Martial arts weapons, switchblades, gravity knives, daggers, brass knuckles, and heavy machetes (dao) that are designed or marketed for combat, violent intimidation, or unlawful aggression (standard household, craft, hardware, and agricultural utility tools sold for domestic purposes are permitted, provided they are securely packaged and age-gated).
• Chemical Deterrents & Electronic Stun Devices: Pepper spray, tear gas, CS canisters, stun guns, and electroshock batons.

2.1.3 Narcotics, Illicit Drugs & Controlled Substances

In compliance with the Narcotics Control Act, 2018 and national safety benchmarks:

• Illegal Narcotics: Opium, heroin, morphine, cocaine, methamphetamine (yaba), cannabis/marijuana (ganja, charas), MDMA, and all synthetic analogs or psychoactive derivatives.
• Unlicensed Prescription Pharmaceuticals: Any prescription-only medicine (Schedule H and G drugs) listed without an approved, verified retail drug license issued by the Directorate General of Drug Administration (DGDA) and without an authorized prescription verification workflow.
• Controlled Psychoactive Compounds: Tranquilizers, sedatives, hypnotics, and barbiturates marketed without regulatory authorization.
• Drug Paraphernalia: Bongs, rolling papers with illicit branding, pipes, vaporizers specifically intended for controlled substance consumption, and masking agents designed to tamper with chemical drug screenings.

2.1.4 Smuggled, Stolen & Unbonded Merchandise

All merchandise offered on the platform must possess a legitimate, documented chain of custody:

• Contraband & Non-Duty-Paid Imports: Goods imported into Bangladesh in evasion of national customs duties, tariff schedules, or port inspections under the Customs Act, 1969, including unbonded electronics, grey-market mobile phones lacking BTRC IMEI registration, and foreign gold bullion lacking statutory clearance.
• Stolen Property: Merchandise acquired through burglary, theft, robbery, pilferage, or fraudulent embezzlement.
• Encumbered & Forfeited Assets: Property subject to judicial attachment, police seizure notices, bank liens, or active bankruptcy proceedings.

2.1.5 Adult Novelties, Obscene Media & Explicit Content

In accordance with the Pornography Control Act, 2012 and the Penal Code, 1860:

• Explicit Media: Pornographic video discs, sexually explicit digital media, obscene magazines, or lewd physical literature.
• Adult Novelty Products: Sex toys, anatomical adult novelty devices, and erotic accessories intended primarily for sexual stimulation.
• Prohibited Tonics: Unregistered herbal aphrodisiacs, sexual enhancement potions, or unverified hormonal mixtures making unsubstantiated physiological claims.

2.1.6 Counterfeit Currency, Financial Instruments & Gambling Assets

• Fake Currency & Forged Monetary Paper: Counterfeit Bangladesh Taka notes, forged foreign currency, replica bank checks, or unauthorized banknote printing equipment.
• Gambling Equipment & Lottery Schemes: Betting tokens, lottery scratch cards, sweepstakes entries, pyramid scheme promotional packs, and multi-level marketing (MLM) membership packages.
• Payment Compromise Implements: Skimming hardware, cloned debit or credit cards, and forged mobile financial service terminal credentials.

2.1.7 Endangered Wildlife & Regulated Animal Products

Under the Wildlife (Conservation and Security) Act, 2012:

• Protected Species: Live birds, reptiles, mammals, or amphibians protected under national conservation schedules.
• Fauna Artifacts: Elephant ivory, tiger skins, deer antlers, turtle shells, shark fins, and wildlife by-products derived from endangered or threatened species.

2.1.8 Enforcement Actions for Prohibited Listings

Any discovery or merchant attempt to list prohibited items results in swift, non-negotiable administrative enforcement:

1. Immediate Catalog Purge: Instantaneous de-indexing and permanent deletion of the offending listing across all search algorithms and category views.
2. Account Sanctions: Depending on the severity of the hazard, the merchant account will be subjected to an immediate storefront suspension or a permanent termination with forfeiture of marketplace privileges.
3. Statutory Referral: In instances involving narcotics, illegal firearms, human trafficking, stolen property, or child exploitation materials, the platform immediately compiles all account records, digital logs, shop addresses, and National ID details and surrenders them to the Rapid Action Battalion (RAB), the Cyber Crime Investigation Division, or the relevant local police authority.

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Section 2.2: Regulated Commodities & Mandatory Certifications (Clause CP-2.2)

To safeguard neighborhood consumers and ensure product reliability, specific non-food retail product classes are subject to rigorous regulatory oversight. Merchants listing items in regulated categories must demonstrate active compliance with statutory quality certifications, consumer safety marks, and packaging mandates.

2.2.1 Mandatory BSTI Quality Certification Marks

Under the statutory mandate of the Bangladesh Standards and Testing Institution (BSTI), it is unlawful to market or distribute designated consumer commodities without an active, verified BSTI Standard Mark. Merchants must ensure all listed products in the following eligible non-food categories bear authentic BSTI certification badges:

• Personal Care & Cosmetics: Skin creams, lotions, toilet soaps, liquid handwashes, shampoos, hair oils, toothpastes, toothbrushes, and shaving preparations.
• Household Electrical Appliances & Electronics: Electrical switches, plugs, sockets, multi-plugs, energy-saving lamps, LED bulbs, ceiling fans, PVC insulated electrical cables, and domestic LPG storage cylinders.
• Child Care & Infant Non-Food Gear: Baby feeding bottles, silicone nipples, pacifiers, baby hygiene powders, baby oils, and infant safety restraints (all complying with BSTI toxic chemical safety limits).
• Sanitary & Cleaning Chemicals: Domestic disinfectants, bleaching solutions, floor cleaners, and laundry detergents.

Merchant Verification Mandate: Listings in these categories must clearly display the official BSTI certification number or registration seal on the physical packaging. The display of forged, expired, or non-transferred BSTI marks is grounds for immediate listing suspension and regulatory notification.

2.2.2 Expiration Dates, Batch Coding & Chemical Freshness

Under Sections 37 and 45 of the Consumer Rights Protection Act, 2009, delivering expired, date-tampered, or degraded consumer items is a severe civil violation and punishable offense.

• Mandatory Date Visibility: All personal care cosmetics, skin products, chemical cleaning solutions, adhesives, battery cells, and topical wellness items must legibly display:
  1. The Date of Manufacture (DOM).
  2. The Expiration Date (EXP) or Best Before Date.
  3. The Manufacturer’s Batch or Lot Number.
• Minimum Shelf-Life Threshold for Delivery: Merchants may not dispatch any product whose remaining shelf-life is insufficient for reasonable consumer usage prior to expiration. For topical cosmetics and chemical goods, products must possess at least 15% of their total shelf-life or a minimum of 30 calendar days (whichever is greater) at the moment of customer delivery, unless explicitly listed under a designated, consumer-acknowledged clearance promotion.
• Zero Tolerance for Altered Packaging: Re-stickering, erasing, scratching out, or re-stamping manufacturer expiration dates constitutes criminal consumer fraud. Merchants found engaging in date tampering will face immediate platform de-listing and formal referral to the Directorate of National Consumer Rights Protection (DNCRP).

2.2.3 Electronic & Battery-Operated Goods Standards

To prevent fire hazards, electrical shocks, and battery failure:

• Voltage & Frequency Compatibility: All domestic electronic and electrical appliances must be compatible with the national electrical grid standard of Bangladesh (220V–240V AC, 50Hz).
• Battery Safety & Certification: Lithium-ion and rechargeable batteries (power banks, laptop batteries, mobile phone cells) must be manufacturer-certified against overheating and thermal runaway. Swollen, reconditioned, or unbranded salvaged battery cells are strictly banned.
• Telecom & Wireless Type Approval: Wireless communication hardware, smartphones, and radio frequency devices must comply with the type-approval guidelines and IMEI registration directives of the Bangladesh Telecommunication Regulatory Commission (BTRC).

2.2.4 Packaged Commodity Labeling Standards

All packaged non-food retail goods marketed across the platform must comply with the Packaged Commodities Rules and must legibly declare:

1. Accurate Product Name: Specific, unambiguous description of the underlying commodity.
2. Net Quantity & Specifications: Clear statement of net weight, volume, dimensions, or numerical count in standard metric units.
3. Maximum Retail Price (MRP): Clear display of the official manufacturer-stipulated Maximum Retail Price inclusive of all applicable taxes.
4. Manufacturer / Importer Identity: Complete business name and corporate address of the domestic manufacturer or licensed importer.
5. Consumer Support Coordinates: Dedicated customer care contact details or distributor helpline.

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Section 2.3: Catalog Representation & Photography Integrity (Clause CP-2.3)

In neighborhood commerce, visual honesty is the cornerstone of consumer trust. Because buyers make purchasing decisions based on digital storefront representations, merchants are held to strict standards of accuracy, transparency, and authenticity. Misleading imagery, disguised defects, phantom stock, and inaccurate specifications violate Clause 3.1.4 of the Digital Commerce Operation Guidelines 2021 and Section 44 of the Consumer Rights Protection Act, 2009.

2.3.1 Authentic Shelf Photography & Visual Standards

To ensure customers receive exactly what they view on screen, merchants must maintain high standards of visual authenticity:

• True Physical Representation: The primary product photograph must clearly depict the actual physical product, genuine manufacturer packaging, or authenticated distributor unit currently in the merchant’s physical possession.
• Clarity & Lighting: Photographs must be well-lit, in sharp focus, and taken against clean backgrounds. Images may not use heavy digital filtering, color distortion, or visual effects that misrepresent the true shade, finish, texture, or physical scale of the item.
• Multi-Angle Coverage for High-Value Goods: For electronics, branded accessories, hardware equipment, and refurbished items, merchants are strongly encouraged to provide multi-angle imagery showing:
  1. Front and rear exterior surfaces.
  2. Ports, connectors, interfaces, and control panels.
  3. Official manufacturer model labels, serial plates, and regulatory certification marks.
  4. All included retail accessories, adapters, cables, and packaging contents.

2.3.2 Strict Prohibition of Misleading Stock Renders & Deceptive AI Imagery

Digital technology must not be used to fabricate reality or deceive consumers regarding product condition:

• AI-Generated Renders & Synthetic Imagery: The platform strictly prohibits uploading AI-generated product mockups, synthetic graphics, or digitally fabricated product scenes that disguise physical flaws, erase scratches, simulate nonexistent features, or depict products the merchant does not physically stock.
• Permissible Use of Stock Photography: Official, manufacturer-provided stock photography is permitted only when listing factory-sealed, brand-new products whose exterior packaging and internal contents are 100% identical to the manufacturer’s official distribution specifications.
• Mandatory Real Photography for Open-Box & Pre-Owned Items: If an item is unsealed, opened, refurbished, or pre-owned, the use of factory stock photography is strictly prohibited. Merchants must upload actual, unedited photographs of the specific physical unit being offered, explicitly highlighting any cosmetic blemishes, superficial scratches, or signs of wear.

2.3.3 Standardized Condition Grading & Disclosure

To eliminate consumer ambiguity, every product listing must be assigned a standardized, verifiable condition tier:

1. New: The product is brand-new, completely unused, unopened, and in its original, undamaged manufacturer retail packaging with all factory seals intact. Includes all original accessories, documentation, and manufacturer warranties.
2. Open Box: The product is in pristine, fully functional condition, but the original packaging has been opened, unsealed, or is cosmetically distressed. The unit itself has never been used for everyday operations and includes all original accessories.
3. Used - Like New: The product has experienced negligible handling or brief customer inspection. It displays zero discernible scratches, dents, or operational defects, looks indistinguishable from new, and functions perfectly.
4. Used - Good: The product is fully operational and structurally intact, but displays minor visible cosmetic wear consistent with normal handling, such as light surface scratches or minor casing marks. All essential accessories required for operation are present.
5. Used - Fair: The product exhibits noticeable cosmetic wear, scratches, scuffs, or minor casing blemishes, but remains completely functional in all core operations. All cosmetic imperfections must be explicitly described in the listing text and shown in catalog photographs.

Strict Anti-Inflation Rule: Misrepresenting product condition (such as listing an Open-Box, floor-display, or refurbished unit as “New”) constitutes deceptive trade practice under Section 44 of the Consumer Rights Protection Act and will result in immediate listing de-activation and administrative penalties.

2.3.4 Accurate Variant Mapping, Specifications & Inclusions

A product listing must be unambiguous in its functional and physical parameters:

• Variant Accuracy: Product options such as color, size, dimensions, storage capacity (e.g., gigabytes), system memory, electrical wattage, and model year must be mapped precisely. Delivering a variant that differs in color, memory, or size from what the buyer ordered constitutes a fulfillment breach.
• Mandatory “What’s in the Box” Disclosure: The product description must clearly enumerate all items included in the package (e.g., power adapter, charging cable, mounting bracket, instruction manual). If an essential accessory is not included (such as a device sold without a wall charger), this exclusion must be prominently highlighted in bold text within the listing overview.
• Technical Specifications: Technical attributes—including battery capacity, voltage requirements, compatibility with external devices, and material composition—must reflect verified manufacturer specifications. Fabricating or exaggerating performance metrics (such as inflated power ratings or waterproof ratings) is strictly banned.

2.3.5 Eradication of “Phantom Stock” & Real-Time Inventory Discipline

Listing non-existent merchandise damages marketplace reliability and wastes consumer time. Under Clause 3.1.4 of the Digital Commerce Operation Guidelines 2021:

• Physical Possession Mandate: Merchants may list items only if the inventory is physically present on their retail shelves, within their local storage premises, or secured through an active, confirmed local distributor allocation capable of immediate dispatch.
• Prohibition of Speculative Listings (“Phantom Stock”): Merchants are strictly prohibited from listing speculative inventory—taking customer orders and accepting payments in the unverified hope of locating the product elsewhere in the market post-purchase.
• Immediate Inventory Zero-Out: When an item sells out in-store or through another commercial channel, the merchant must immediately adjust the platform inventory count to zero. Failing to update stock levels and subsequently cancelling orders due to avoidable stockouts harms merchant reliability ratings and triggers automated search demotions.

2.3.6 Consumer Remedies & Enforcement for Deceptive Listings

Where a customer receives merchandise that materially deviates from its catalog representation, photography, or condition grade:

1. Automatic Right to Return & Refund: The customer is entitled to an immediate return and full refund or replacement under the platform’s dispute resolution procedure.
2. Merchant Liability for Fulfillment Costs: The merchant bears 100% of all courier transit costs incurred in delivering and returning the misrepresented merchandise.
3. Administrative Sanctions: Verified instances of deceptive photography, condition falsification, or chronic phantom-stock cancellations trigger formal platform strikes, catalog editing suspensions, and progressive storefront sanctions under the platform governance system.

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Section 2.4: Intellectual Property, Brand Rights & Anti-Counterfeiting (Clause CP-2.4)

The Near Buy is committed to protecting the intellectual property (IP) rights of creators, inventors, and brand owners. Authentic neighborhood trade relies on the certainty that branded products are genuine. Counterfeiting, unauthorized trademark use, piracy, and copyright infringement violate the Trademarks Act, 2009, the Copyright Act, 2000, the Penal Code, 1860 (Sections 479–489), and Section 41 of the Consumer Rights Protection Act, 2009.

2.4.1 Absolute Prohibition of Counterfeit Goods & Replicas

The platform strictly prohibits listing, marketing, offering, or distributing counterfeit goods, knock-offs, or unauthorized brand replicas:

• Counterfeit Products: Any item bearing a registered trademark, logo, or distinct commercial identifier that is identical or confusingly similar to a genuine brand mark without the authorization of the trademark owner.
• Prohibition of Deceptive Euphemisms: Merchants may not market counterfeit goods by qualifying them with euphemistic phrases. Terms such as “first copy”, “master copy”, “mirror quality”, “1:1 replica”, “AAA grade”, “inspired by”, or “unauthorized factory overflow” are strictly illegal under the Trademarks Act and will be treated as deliberate admissions of counterfeit trading.
• Hardware & Component Clones: Unlicensed electronic accessories (such as cloned smartphone batteries, fake fast-chargers, or unauthorized replica audio gear) that imitate legitimate brand markings, casing designs, or packaging holograms are strictly blacklisted.

2.4.2 Chain of Custody & Proof of Authenticity

To verify the legitimacy of branded merchandise listed on the platform:

• Documentation Requests: Platform administrators reserve the right to audit any merchant listing branded inventory and request verifiable commercial documentation establishing an unbroken chain of custody:
  1. Official tax invoices from the authorized brand manufacturer, national distributor, or registered importer.
  2. Authorized retail dealership or franchise certificates.
  3. Official customs bill of entry demonstrating lawful, duty-paid commercial importation for foreign brand goods.
• 48-Hour Compliance Window: Upon receipt of an official authenticity inquiry or buyer counterfeit complaint, the merchant must submit verifiable proof within 48 hours. Failure to furnish authentic documentation will result in immediate listing deactivation and provisional holding of associated transaction payouts.

2.4.3 Trademark Usage & Brand Disclosures

Trademarks identify the commercial source of goods. Merchants must adhere to lawful trademark practices:

• Unauthorized Brand Association: Merchants may not use third-party trademarks, brand names, or corporate logos in shop titles, banner artwork, or listing descriptions in any manner that creates a false impression of official partnership, sponsorship, or brand endorsement.
• Permissible Nominative Fair Use: A merchant may reference a registered brand name only to the extent strictly necessary to state the compatibility, fit, or intended purpose of an unbranded accessory (e.g., “Silicone protective cover compatible with [Brand Name, Model X]” is permissible, whereas “Original [Brand Name] Silicone Cover” for an unbranded item is illegal trademark infringement).
• Altered & Obscured Brand Markings: Listing products where manufacturer serial numbers, IMEI tags, or model identifiers have been scratched off, defaced, or obscured is strictly prohibited.

2.4.4 Copyright Protection for Visual & Creative Assets

Under the Copyright Act, 2000, all original visual, audiovisual, and literary works are protected:

• Original Content Mandate: Merchants must hold the legal rights, licenses, or explicit permissions for all product photography, graphic banners, descriptive copywriting, and video demonstrations uploaded to their storefronts.
• Prohibition of Digital Scraping & Plagiarism: Merchants are strictly prohibited from scraping, copying, screenshotting, or republishing product photographs, bespoke graphics, or custom written descriptions created by other platform sellers or external commercial websites without authorization.
• Authorized Stock Photography: As set forth in Clause CP-2.3, official brand marketing assets may only be used when authorized by the manufacturer and applied to factory-sealed, brand-new inventory.

2.4.5 Formal Notice-and-Takedown Procedure

The Near Buy operates an expedited, structured Notice-and-Takedown procedure for verified intellectual property rights holders:

• Submission of Infringement Notice: A brand owner or their authorized legal agent may submit a formal Notice of Infringement to the platform’s legal compliance team. A valid notice must include:
  1. The full legal name, business address, and contact details of the rights holder or authorized attorney.
  2. Proof of intellectual property ownership (e.g., official trademark registration certificate issued by the Department of Patents, Designs and Trademarks [DPDT] of Bangladesh, or foreign registration certificate with local rights assignment).
  3. Precise identification and platform links/identifiers of the allegedly infringing listings.
  4. A sworn statement of good-faith belief that the disputed listing is not authorized by the rights holder, its agents, or the law.
  5. A declaration under penalty of perjury that the information provided is accurate and that the notifier is authorized to act on behalf of the owner.
• Immediate Provisional De-Listing: Upon receipt of a legally compliant notice, platform administrators will promptly deactivate the disputed listing within 24 hours.
• Merchant Counter-Notice & Due Process: The affected merchant will be notified immediately of the takedown. The merchant may submit a formal Counter-Notice within 7 calendar days, providing verifiable proof of authorization, genuine distributor invoices, or proof of lawful resale. If the counter-notice demonstrates indisputable legitimacy, the listing may be reinstated, unless the rights holder initiates formal legal proceedings before a competent court of law in Bangladesh.

2.4.6 Tiered Enforcement, Forfeiture & Criminal Referral

Counterfeiting is a criminal offense under Bangladesh law. Merchants engaging in intellectual property infringement face severe, progressive enforcement:

1. Tier 2 Sanction (Initial / Isolated Infringement): Immediate listing deletion, a formal platform strike, and mandatory submission of inventory invoices for all remaining catalog items.
2. Tier 3 Sanction (Repeated Infringement): 30-day suspension of merchant storefront privileges, temporary freeze of digital wallet disbursements, and removal of verified seller badges.
3. Tier 4 Sanction (Commercial Piracy Syndicate): Immediate, permanent platform termination, forfeiture of pending promotional balances, permanent blacklisting of the business entity, its National ID (NID), and its trade license across all current and future platform accounts.
4. Law Enforcement & Regulatory Surrender: In cases involving large-scale counterfeit syndicates, safety-critical counterfeit goods (such as fake electrical cables or adulterated cosmetics), or persistent criminal infringement, all merchant records, physical store addresses, and warehouse logs will be turned over to the Criminal Investigation Department (CID) of the Bangladesh Police and the Directorate of National Consumer Rights Protection (DNCRP) for criminal prosecution.

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Section 2.5: Interactive Bargaining Engine & Fair Bargaining Standards (Clause CP-2.5)

Hyperlocal retail commerce in Bangladesh has always been rooted in personal dialogue and price negotiation (dor-dam). The Near Buy modernizes and digitizes this cultural tradition by embedding an interactive bargaining engine directly into the product discovery and messaging workflows. To prevent abuse, price disruption, and bad-faith disruption of trade, all bargaining interactions are governed by clear commercial standards grounded in the Contract Act, 1872 (offer, counter-proposal, and binding acceptance) and Section 50 of the Consumer Rights Protection Act, 2009.

2.5.1 Merchant Pricing Autonomy & Minimum Bargain Price Protections

Bargaining on The Near Buy is an opt-in feature controlled exclusively by individual merchants:

• Per-Product Bargaining Toggle: Merchants retain absolute discretion to determine whether a listed item is offered at a strict Fixed Price or is Open to Bargaining.
• Fixed-Price Inviolability: If a product is marked as fixed price, the platform disables bargaining controls. Buyers may not harass merchants in direct messaging to demand off-platform discounts or coerce reductions on fixed-price listings.
• Confidential Minimum Bargain Price: For products with bargaining enabled, merchants may configure a protected, confidential minimum bargain price. The platform will automatically decline any buyer offer submitted below this merchant-established minimum bargain price.
• Margin Confidentiality: To protect merchant business margins and prevent predatory buyer collusion, the platform strictly maintains the confidentiality of the merchant’s minimum bargain price. It is never displayed or revealed to prospective buyers.
• Self-Bargaining Prohibition: Merchants, shop employees, and affiliated accounts are strictly prohibited from submitting offers on their own products to artificially simulate marketplace interest, test system limits, or manipulate bargaining metrics.

2.5.2 Good-Faith Negotiation & Minimum Bargain Price Protections

Price negotiation must reflect authentic, bona fide commercial interest:

• Genuine Purchase Intent: Buyers must submit price offers with the sincere intention of completing the purchase if the offer is accepted by the merchant. Submitting frivolous, bad-faith, or recreational offers is prohibited.
• Offers Below Minimum Bargain Price & Harassment: Repeatedly submitting offers below the merchant’s established minimum bargain price, submitting absurdly nominal bids, or flooding a merchant’s inquiry queue with repetitive unviable offers after being declined constitutes marketplace harassment.
• Absolute Ban on Automated Bargaining Bots: Users are strictly prohibited from employing automated scripts, scraping bots, browser extensions, or automated algorithms to submit repetitive bargaining offers across multiple storefronts. All bargaining proposals must be initiated through authentic human interaction within the platform’s visual interface.

2.5.3 Offer Lifecycle, Counter-Offers & Formal Acceptance

Under the Contract Act, 1872, the interactive bargaining flow establishes a formal pre-contractual and contractual sequence:

1. Initial Offer Submission: When a buyer submits a price offer through the bargaining dialog, the offer constitutes a formal conditional purchase proposal.
2. Merchant Options: The merchant has three standard operational choices:
   • Accept Offer: Concludes the negotiation and establishes an agreed transaction price.
   • Counter-Offer: Proposes an alternative price, which immediately supersedes and legally extinguishes the buyer’s preceding offer.
   • Decline Offer: Terminates the negotiation thread without commercial obligation.
3. Offer Expiration Timers: Active offers and counter-offers remain open for a standard response window (typically 24 hours). If either party fails to respond within the designated window, or if the product sells out to another customer at the listed retail price in the interim, the pending offer automatically lapses.

2.5.4 Price-Lock Commitment & Post-Acceptance Obligations

Mutual acceptance of a bargain price creates a binding commercial covenant between buyer and merchant:

• The Merchant Price-Lock Covenant: Once an offer or counter-offer is mutually accepted, the agreed bargain price is locked for that specific customer order. The merchant is strictly prohibited from:
  1. Arbitrarily reneging on the accepted price.
  2. Demanding an unauthorized markup or surcharging the customer at fulfillment.
  3. Demanding cash payments outside the verified platform checkout total. Demanding a higher price post-acceptance constitutes deceptive refusal of promised commercial terms under Section 50 of the Consumer Rights Protection Act, 2009.
• Buyer Checkout Window: Following price agreement, the buyer is granted an exclusive reservation window (typically 24 hours) to complete the checkout process at the agreed discounted rate.
• Sanctions for Bad-Faith Abandonment: If a buyer repeatedly secures accepted bargain agreements across multiple neighborhood shops but habitually abandons checkout, the platform may temporarily suspend the buyer’s bargaining privileges or restrict the account to fixed-price purchasing.

2.5.5 Prohibition of Doorstep Re-Negotiation

The Near Buy maintains strict operational boundaries between pre-order negotiation and physical order fulfillment:

• Finality at Checkout: Once an order is confirmed and dispatched for delivery or prepared for customer pickup, the price is legally final.
• Strict Ban on Doorstep Bargaining: Buyers and delivery couriers are strictly forbidden from attempting secondary, in-person price renegotiation during doorstep deliveries or in-store handoffs.
• Courier Neutrality: Couriers are independent delivery professionals, not authorized price arbiters. Delivery personnel are required to collect the exact, unadjusted total recorded on the official platform invoice and verified through the 8-digit confirmation code. Demanding doorstep discounts from couriers constitutes operational harassment.

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Section 2.6: Merchant 60-Minute Acceptance SLA & Operating Schedules (Clause CP-2.6)

Hyperlocal commerce relies on promptness, geographic proximity, and dependable neighborhood execution. Unlike conventional e-commerce platforms with multi-day fulfillment windows, The Near Buy operates on a rapid, localized dispatch cycle. To guarantee consumer reliability and fulfill the operational mandates of Clause 3.1.5 of the Digital Commerce Operation Guidelines 2021, merchants must adhere to standardized weekly operating schedules and a strict 60-minute daytime order acceptance Service Level Agreement (SLA).

2.6.1 The Hyperlocal Speed Mandate & Operational Framework

Local neighborhood commerce demands high operational responsiveness:

• Rapid Order Processing: Consumers select neighborhood merchants expecting same-day or swift local fulfillment. Unresponsive merchants undermine customer trust in the hyperlocal ecosystem.
• Binding Operational Covenant: By publishing an active retail storefront on the platform, each merchant commits to actively monitoring incoming order dispatches and responding within the mandatory SLA windows established below.

2.6.2 Weekly Operating Schedules & Public Availability Transparency

To maintain predictability for neighborhood consumers:

• Configured Operating Schedules: Merchants are required to maintain an accurate, up-to-date weekly operating schedule (Monday through Sunday) specifying their regular opening and closing hours.
• Real-Time Storefront Status: The platform’s discovery interfaces dynamically inform consumers whether a merchant is currently Open to accept immediate orders or Closed.
• Off-Hours Order Queuing: Customers may place orders outside a merchant’s active operating hours. In such instances, the order is queued for review and the fulfillment SLA commences precisely when the merchant’s next scheduled operating window opens.

2.6.3 Merchant Real-Time Availability Override Controls

The Near Buy provides merchants with dynamic controls to align their digital presence with physical store realities:

• Temporary Shop Pause (Closed Override): When a merchant must temporarily step away from their retail counter—such as for daily prayers, local utility outages, inventory audits, restock deliveries, or personal emergencies—the merchant must actively engage the temporary pause control. This immediately marks the shop as temporarily closed, halts incoming immediate order countdowns, and displays an expected reopening notice to prospective buyers.
• Extended Trading Mode (Open Override): During high-demand festival periods (such as Eid shopping, festival eves, or neighborhood night bazaars), merchants may extend their digital availability beyond normal scheduled hours by toggling their storefront to open.
• Merchant Duty of Active Status Maintenance: Leaving a digital storefront open while physically absent from the retail counter constitutes negligence. Merchants who fail to engage temporary pause controls during physical absences are fully liable for resulting SLA timeouts.

2.6.4 The Mandatory 60-Minute Daytime Acceptance SLA

During all active operating hours (whether scheduled or enabled via override), merchants are subject to a strict 60-minute response rule:

• The 60-Minute Clock: The 60-minute countdown begins immediately upon the timestamp of customer order placement.
• Meaning of Order Acceptance: Accepting an order is an affirmative legal representation that:
  1. The merchant has physically located and inspected the merchandise on shelf.
  2. The unit matches the exact variant, specifications, and condition tier ordered.
  3. The product is securely packaged and staged for immediate courier handover or customer collection.
• Decline Rights: If an item has just sold out in-store, the merchant must formally decline the order within the 60-minute window rather than allowing the timer to expire passively, and must immediately adjust catalog inventory to zero.
• Suspension During Inactive Hours: If an order is placed while the merchant is officially closed or paused, the 60-minute timer is frozen and begins counting down only upon the start of the next active operating session.

2.6.5 Automated Timeout, Order Cancellation & Buyer Protection

To ensure consumers are not subjected to indefinite delays:

• Automated Order Expiration: If a merchant fails to accept or decline an order within 60 minutes of active operating time, the platform automatically cancels the order.
• Immediate Financial Protection:
  1. Pre-Paid Orders: If the customer paid electronically (via card or mobile financial services), the platform initiates an immediate, automated full refund back to the customer’s account.
  2. Cash-on-Delivery Orders: The stock reservation is immediately released, and the buyer is notified of the merchant’s unresponsiveness so they may reorder from an active alternative shop in their neighborhood.
• Prohibition of Off-Platform Surcharges for Delays: Merchants may not accept an order after a timeout has occurred by contacting the customer off-platform to solicit payment outside the system.

2.6.6 Reliability Scoring, SLA Penalties & Storefront Throttling

Adherence to the 60-minute acceptance SLA is a core metric of merchant standing:

• Reliability Metrics: A merchant’s SLA acceptance rate is continuously factored into platform search visibility and algorithmic catalog ranking.
• Fast-Responder Recognition: Merchants who consistently accept orders within 15 to 30 minutes earn elevated marketplace placement and “Rapid Dispatch” badges.
• Progressive Storefront Throttling:
  • First Timeout Incident: The merchant receives an automated notification reminding them of their fulfillment obligations.
  • Repeated Timeouts (3 Unresponsive Orders within 7 Days): The platform automatically engages a protective storefront pause, switching the shop to inactive status until the merchant manually logs in, re-confirms operational readiness, and updates inventory.
  • Chronic Unresponsiveness: Merchants who chronically fail to meet the 60-minute SLA will face temporary search demotions, loss of verified badges, and eventual storefront review by platform administrators.

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Section 2.7: Cash-on-Delivery (COD) & 8-Digit Cryptographic QR Handshake (Clause CP-2.7)

Cash-on-Delivery (COD) remains a fundamental trust-building payment method in Bangladesh retail, allowing consumers to inspect packages at their doorstep or neighborhood shop before parting with funds. To eliminate traditional fulfillment ambiguities, prevent false claims of non-delivery, and protect delivery couriers from payment disputes, The Near Buy governs all physical cash handovers through an 8-digit cryptographic verification handshake and strict cash-handling standards grounded in the Penal Code, 1860 (Sections 489A–489E) and Clause 3.2 of the Digital Commerce Operation Guidelines 2021.

2.7.1 The Cryptographic Handshake Architecture

To ensure absolute mathematical certainty in physical handovers:

• Unique Token Generation: Upon order placement under Cash-on-Delivery or in-store collection, the platform issues a unique, cryptographically generated 8-digit Cash Confirmation Code along with a companion high-contrast QR verification token directly to the buyer’s private account interface.
• Buyer Custody of Verification Token: The verification code and QR token remain exclusively accessible to the buyer until physical delivery occurs. The courier and merchant do not possess this code prior to the handover.
• Two-Factor Fulfillment Validation: At the point of physical collection or doorstep delivery, a rigid sequence must be observed:
  1. Physical Inspection: The buyer visually inspects the exterior condition of the package and shipping label to verify recipient identity and parcel integrity.
  2. Cash Payment: The buyer tenders the exact invoiced cash sum to the courier or store counter representative.
  3. Token Presentation: Upon counting and verifying the cash, the buyer presents the 8-digit confirmation code or displays the QR token on their mobile device.
  4. System Authentication: The courier or merchant scans the QR code or inputs the 8-digit numerical code into their merchant fulfillment console.
  5. Instantaneous Completion: The platform cryptographically validates the token against the active order record, confirming fulfillment and transitioning the order to completed status.

2.7.2 Safe Cash Handover & Open Counting Protocols

Physical currency exchanges must be conducted transparently and professionally:

• Open Counting Mandate: All cash payments must be counted openly and deliberately in the immediate physical presence of both buyer and delivery personnel before the confirmation code is entered.
• Exact Tender & Change Obligation: Couriers are instructed to carry standard operational change for reasonable denominations. In circumstances where physical change is unavailable, the remaining balance may be settled via an instant mobile financial service transfer (such as bKash or Nagad) by mutual agreement.
• Absolute Ban on Unauthorized Surcharges or Demanded Tips: Delivery couriers and store attendants are strictly prohibited from soliciting, demanding, or coercing tips, “carrying fees”, or delivery surcharges beyond the official platform invoice total. Any courier demanding informal doorstep fees will face immediate platform de-registration.

2.7.3 Counterfeit Currency Detection & Statutory Referral

All transactions across The Near Buy ecosystem must be conducted using genuine legal tender currency of the People’s Republic of Bangladesh:

• Legal Tender Mandate: Buyers must tender clean, lawful Bangladesh Taka (BDT) notes issued under the authority of Bangladesh Bank.
• Severe Criminal Sanctions for Counterfeiting: Under Sections 489A through 489E of the Penal Code, 1860, fabricating, using, possessing, or knowingly passing counterfeit currency notes is a grave, non-bailable criminal offense.
• Counterfeit Interception Protocol: If a courier or merchant identifies counterfeit, bleached, or fraudulent currency notes during the cash handover:
  1. The courier must immediately refuse the suspect banknotes and halt the physical handover.
  2. The courier must withhold parcel custody and safely disengage from the location.
  3. The platform’s dispatch security team will flag the buyer’s account, preserve physical delivery coordinates and timestamp logs, and report the counterfeit incident to the National Emergency Service (999) and the local police station (Thana).

2.7.4 Prohibition of Forced Release or Premature Confirmation

Platform integrity requires that physical custody and digital confirmation occur simultaneously:

• Prohibition of Premature Confirmation: Delivery couriers and retail store clerks are strictly forbidden from entering the 8-digit confirmation code or marking an order collected before physically receiving and verifying the complete cash payment. Falsely confirming delivery to meet internal speed targets is grounds for immediate termination.
• Prohibition of Coerced Custody: A buyer may not seize, demand custody of, or open the internal sealed packaging of a COD parcel before paying the full cash amount and revealing the valid 8-digit confirmation code.
• Failed Handover Handling: If a buyer refuses to tender the required cash balance or is unable to provide the valid 8-digit verification code, the delivery is classified as an incomplete delivery, and the courier must return the sealed parcel to the originating merchant shop.

2.7.5 Instantaneous Digital Escrow & Wallet Disbursement

The completion of the cryptographic verification handshake triggers immediate financial settlement:

• Irreversible Handover Evidence: Entry and system validation of the 8-digit confirmation code constitutes conclusive, non-repudiable legal evidence that the buyer accepted the parcel and paid the agreed consideration.
• Automated Escrow Release: Upon successful code authentication, the platform’s automated financial ledger releases the order’s pending escrow funds directly into the merchant’s digital wallet, transitioning funds from pending to withdrawable balances according to the merchant’s payout cycle.

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Section 2.8: Nine-Step Return State Machine & Dispute Resolution Policy (Clause CP-2.8)

In a neighborhood marketplace, consumer confidence requires complete certainty that defective merchandise, mismatched variants, or damaged goods will be remediated swiftly and fairly. Grounded in Clauses 3.3.1 through 3.3.4 of the Digital Commerce Operation Guidelines 2021 and Sections 39, 40, 45, and 50 of the Consumer Rights Protection Act, 2009, The Near Buy governs all customer claims through a structured Nine-Step Return State Machine and neutral administrative due-process framework.

2.8.1 Permissible Grounds for Return & Evidentiary Thresholds

Consumers enjoy an express statutory right to lodge a return or exchange request within 7 calendar days of physical order delivery under any of the following verified categories:

1. Product Quality & Manufacturing Defects: The product suffers from hardware failures, electrical circuit faults, dead components, or structural defects that prevent normal intended operation.
2. Wrong Item or Variant Discrepancy: The item delivered differs in model, color, technical specification, storage capacity, or physical dimensions from the order summary.
3. Missing Parts or Essential Inclusions: The package omits essential accessories, power adapters, connecting cables, or documented components declared in the catalog listing.
4. Transit Damage: The exterior or interior contents arrived crushed, cracked, broken, or water-damaged during courier transport.
5. Condition Misrepresentation: The physical item delivered exhibits scratches, scuffs, or prior usage that contradicts its declared condition tier (e.g., an open-box or refurbished item delivered under a “New” listing).

Mandatory Evidentiary Standard: To initiate a return, the consumer must submit clear photographic evidence, unboxing footage, serial number/IMEI images, and a written factual summary of the defect. Frivolous claims lacking photographic corroboration or claims resulting from consumer misuse/accidental drops are not admissible.

2.8.2 The Canonical Nine-Step Return State Machine

Every product dispute progresses through nine sequential, audited lifecycle stages:

Stage 1: Issue Filing & Approval Pending

• Buyer Initiation: The buyer submits a formal return ticket with required photo or video evidence through their account resolution interface.
• Escrow Ringfencing: The platform’s automated accounting ledger immediately freezes the transaction funds in escrow, preventing premature wallet payout to the merchant until the dispute is resolved.

Stage 2: Merchant Claim Review & Admissibility Determination

• 48-Hour Review Window: The merchant has a mandatory 48-hour SLA to review the buyer’s evidence and provide a formal response:
  • Request Approved: The merchant accepts the validity of the claim and authorizes return logistics.
  • Request Declined: The merchant provides a documented, reasoned rejection based on evidence (e.g., buyer caused damage or failed to demonstrate an authentic defect).

Stage 3: Return Method Selection & Logistics Authorization

• Logistics Routing: Upon approval, the buyer selects one of two standardized return channels:
  1. Direct Neighborhood Shop Drop-Off: The buyer returns the item directly to the merchant’s physical store counter.
  2. Reverse Courier Collection: A verified courier is dispatched to collect the parcel from the buyer’s doorstep.
• Merchant Logistics Instructions: The merchant confirms their designated receiving counter or approves the return shipping dispatch label.

Stage 4: Cryptographic Return Handoff Authorization

• Cryptographic Token Generation: The platform issues a cryptographically generated Return Handoff Code and companion QR token to the buyer.
• Physical Handoff Authentication: When the buyer transfers the returned parcel to the courier or store attendant, the recipient scans the QR code or verifies the numeric token. This system handshake legally certifies that physical possession of the disputed merchandise has been transferred away from the buyer.

Stage 5: Merchant Physical Inspection Window (Under Review)

• Receipt & Inspection SLA: Upon physical delivery of the parcel back to the merchant shop, the case transitions to active merchant inspection.
• 48-Hour Inspection Window: The merchant has a strict 48-hour window to unbox the returned merchandise, test functionality, and verify that the original serial numbers and included accessories were returned intact.

Stage 6: Formal Resolution Offer

• Merchant Remedy Formulation: Following physical inspection, the merchant formally issues a resolution offer through the platform resolution console:
  • Full Refund Offer: Authorization to return 100% of the purchase price to the consumer.
  • Exact Replacement Offer: Commitment to dispatch a brand-new, defect-free replacement unit.
  • Dual Option: Granting the buyer the choice between an immediate refund or replacement.

Stage 7: Buyer Resolution Choice & Channel Designation

• Remedy Selection: The buyer reviews the merchant’s offer and selects their preferred remedy.
• Refund Channel Selection: If a refund is selected, the buyer designates their desired reimbursement channel:
  1. Instant credit back to the original electronic payment source (credit/debit card).
  2. Instant Mobile Financial Service disbursement (bKash, Nagad).
  3. Direct Bangladesh Electronic Funds Transfer Network (BEFTN) bank credit.

Stage 8: Replacement Verification Handshake (Where Applicable)

• Replacement Dispatch: If a replacement is chosen, the merchant packages and dispatches a verified new unit within 24 to 48 hours.
• Receipt Code Verification: Upon delivery of the replacement unit to the buyer’s doorstep, a dedicated replacement receipt verification code is entered to certify successful consumer receipt.

Stage 9: Final Settlement & Case Closure

• Automated Ledger Settlement:
  • If a refund is selected, the platform automatically disburses the full refund balance to the buyer’s designated payout account and debits the merchant’s escrow balance.
  • If a replacement is fulfilled, the original purchase funds in escrow are released to the merchant’s withdrawable wallet balance.
• Dispute Archive: The case is formally archived, and both parties receive immutable digital audit receipts.

2.8.3 Logistics Liability & Reverse Freight Charges

• Merchant Liability for Defective Goods: Where a return is substantiated (defective, wrong item, transit damage, or false catalog representation), the merchant is legally liable for 100% of the reverse courier freight costs. The buyer shall not be charged any return shipping fee.
• Protection Against Fraudulent Returns: If a merchant proves upon inspection that the buyer swapped the item for a fraudulent unit or intentionally broke the merchandise, the merchant may submit unboxing evidence to administrative arbitration.

2.8.4 Exceptions, Transit Loss & Administrative Escalation Pathways

The return state machine incorporates two dedicated protection pathways:

• Delivery Problem Resolution: If a returned item is damaged or lost by the courier during reverse transit, the dispute transitions to a protected delivery review state. The courier logistics insurer or platform transit guarantee covers the loss; the consumer’s lawful refund is never withheld due to courier transit accidents.
• Neutral Administrative Escalation: A dispute automatically escalates to platform administrative mediation if:
  1. The merchant fails to review the initial request within the 48-hour SLA.
  2. The merchant fails to complete the physical inspection within 48 hours of parcel arrival.
  3. The merchant repeatedly rejects a plainly substantiated claim of defective merchandise.
  4. The parties reach an intractable deadlock regarding remedy selection.

Administrative Mediation Authority: Platform arbitration decisions are rendered by certified platform dispute mediators within 48 hours of escalation. Administrative rulings are legally final and binding under platform terms and enforceable through automated escrow disbursement.

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Section 2.9: Pricing Transparency, Fair Charges & Anti-Price-Gouging (Clause CP-2.9)

Fair and transparent pricing is fundamental to consumer protection and market integrity. Deceptive markups, hidden delivery surcharges, artificial discounts, and exploitative price hikes undermine public trust and violate statutory consumer rights. All pricing practices on The Near Buy are strictly governed by Section 40 (prohibition of selling above Maximum Retail Price) and Section 44 (prohibition of deceptive price claims) of the Consumer Rights Protection Act, 2009, Clause 3.1.3 of the Digital Commerce Operation Guidelines 2021, and the anti-hoarding provisions of the Special Powers Act, 1974.

2.9.1 Maximum Retail Price (MRP) Adherence & Price Ceilings

Under Section 40 of the Consumer Rights Protection Act, charging a price in excess of the officially declared Maximum Retail Price (MRP) is a punishable statutory offense:

• MRP Inviolability: For all pre-packaged retail goods, branded consumer items, personal care cosmetics, and domestic appliances bearing a manufacturer-printed MRP, the listed price on The Near Buy may never exceed that printed MRP.
• Prohibition of Date or Price Tampering: Altering, re-stickering, erasing, or obscuring the manufacturer’s printed MRP on physical packaging to justify an inflated online price constitutes criminal consumer fraud.
• Discounts from Genuine Retail Baselines: When advertising a promotional discount (e.g., displaying a strike-through reference price), the original reference price must reflect the genuine, verifiable regular retail price or printed MRP. Fabricating artificial pre-discount reference prices to create a misleading illusion of savings violates Section 44 of the Consumer Rights Protection Act.

2.9.2 Comprehensive Checkout Transparency & No Hidden Fees

Under Clause 3.1.3 of the Digital Commerce Operation Guidelines 2021, consumers must have absolute visibility into all financial components of their purchase prior to payment commitment:

• Itemized Cost Breakdown: Before final order confirmation, the platform presents an unambiguous, itemized financial summary detailing:
  1. Base Commodity Price: The listed retail price or mutually agreed bargain price.
  2. Applicable Statutory Taxes: Value Added Tax (VAT) and statutory duties, clearly delineated.
  3. Logistics & Delivery Charges: The exact delivery fee calculated based on geographic distance and fulfillment urgency.
  4. Packaging Fees (Where Applicable): Any specialized protective packaging charges for delicate goods, disclosed in advance.
• Prohibition of Post-Order Surcharges: The total amount displayed and approved by the consumer at final checkout represents the absolute financial maximum for that order. Merchants, store clerks, and delivery couriers are strictly prohibited from demanding supplementary doorstep fees, fuel surcharges, stairs/carrying charges, or payment processing surcharges.

2.9.3 Strict Anti-Price-Gouging Standards During Crises

During periods of public hardship, natural disasters, or supply shortages, exploiting market vulnerabilities is strictly prohibited:

• Emergency Commodity Scope: Critical non-food consumer commodities—including flashlights, emergency lamps, domestic power backup equipment, portable batteries, personal hygiene goods, sanitizers, first-aid materials, domestic water purification hardware, and monsoon protection gear—are subject to strict platform price-ceiling monitoring.
• Prohibited Crisis Conduct: During declared national emergencies, seasonal monsoons, cyclones, severe urban flooding, power grid crises, or public health emergencies, merchants are strictly prohibited from:
  1. Exorbitantly inflating prices above pre-crisis 30-day baseline averages.
  2. Artificially withholding on-shelf stock to create artificial neighborhood scarcity.
  3. Demanding exorbitant off-platform premiums or private bidding for essential supplies.
• Immediate Administrative Action: Listings flagged for exploitative price gouging during an emergency will be immediately suspended. Continued non-compliance results in temporary or permanent revocation of merchant trading privileges.

2.9.4 Fair Promotional Practices & Voucher Integrity

Promotions and vouchers must represent genuine commercial value:

• Voucher Honoring: Merchants participating in platform-wide or shop-specific voucher campaigns must honor all validly issued promotional vouchers without restricting eligible inventory or imposing hidden minimum purchase conditions post-order.
• Prohibition of Bait-and-Switch Tactics: Advertising low promotional prices on select items to attract consumers, followed by systematically cancelling those orders and claiming lack of stock while continuing to offer the same product at higher prices, is classified as a deceptive trade practice.

2.9.5 Consumer Overcharge Remedies & Regulatory Enforcement

Where a merchant is verified to have overcharged a customer or violated pricing transparency rules:

1. Mandatory Immediate Refund: The platform automatically debits the merchant’s escrow balance to issue an immediate full refund of the overcharged amount directly to the customer.
2. Administrative Penalties & Strikes: The offending merchant receives an immediate formal platform strike and search demotion.
3. Regulatory Reporting: In severe cases involving chronic MRP violations or emergency price gouging, the platform will compile order invoices and physical store records and formally surrender them to the Directorate of National Consumer Rights Protection (DNCRP) for statutory penalties under Sections 40 and 44 of the Consumer Rights Protection Act, 2009.

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