Terms of Use

These Terms of Use ("Terms") govern your use of the website thehypecompany.in and any related apps, pages and services (together, the "Platform"). By creating an account, placing a bid, buying or listing an item, you agree to these Terms and to the policies they refer to, including our Privacy Policy.

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and are published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They do not need a physical or digital signature.

0. Definitions

In these Terms:

• "Auction" means a timed online sale of an item on the Platform, in which Buyers place Bids and the highest valid Bid at closing wins.
• "Bid" means an offer to buy an item at a stated price in an Auction, including a Bid placed automatically under proxy bidding.
• "Buy Now" means the option to buy an item immediately at a fixed price.
• "Buyer" means a User who bids on or buys an item.
• "Claim" means a request by a Buyer for a return or refund under the Returns, Refunds & Cancellation Policy.
• "Delivery Charge" means the charge for moving an item from the Seller to the Buyer, shown on the listing.
• "HYPE.", "we", "us" and "our" mean BidHype Private Limited.
• "India Market Price" means our reference price for an item, based on recent prices in the Indian resale market.
• "Listing" means an item offered for sale on the Platform.
• "Order" means a completed purchase through a winning Bid or Buy Now.
• "Seller" means a User approved by us to list items for sale.
• "User" or "you" means any person who visits or uses the Platform.

Headings are for convenience only. "Including" means "including without limitation".

1. About HYPE., eligibility and your account

1.1 Who we are. The Platform is operated by BidHype Private Limited, a company incorporated in India (CIN U47912DL2026PTC467372), trading as "HYPE." and "The Hype Company". Registered office: H.No. 19, Kh. No. 382/204, Village Saidulajab, Gadaipur, South West Delhi, New Delhi – 110030, India. Contact: team.thehypecompany@gmail.com.

1.2 Changes to these Terms. We may update these Terms. We will post the new version here with a new "Last updated" date. For material changes, we will notify you by email or on the Platform at least 7 days before they apply. If you keep using the Platform after that, you accept the updated Terms. Changes never apply to an Auction that was already live or an Order that was already placed.

1.3 Eligibility: 18 and over. You must be at least 18 years old and competent to contract under the Indian Contract Act, 1872 to create an account, bid, buy or sell. People under 18 may browse the Platform but may not register, bid, buy or sell. A parent or guardian who wants to buy for a minor must do so from their own account and is fully responsible for that purchase. If we find that an account belongs to someone under 18, we will close it and cancel any open Bids.

1.4 Where we operate. At launch, buying and selling is available only to Users with a delivery or pickup address in Delhi NCR (Delhi, Gurugram, Faridabad, Noida and Ghaziabad). We will announce new cities on the Platform.

1.5 Your account.

• You may hold only one account. We may close duplicate or shared accounts and ban all linked accounts.
• You must give true, current and complete information and keep it up to date.
• You are responsible for everything done from your account. Keep your login and OTPs private, and tell us immediately at team.thehypecompany@gmail.com if you think your account has been misused.

1.6 Verification. We verify Users to keep the market safe. What we ask for depends on what you do:

We may ask for more information, refuse or reverse a verification, or refuse any account where we reasonably believe this is needed to prevent fraud or to comply with law. We never ask for your full Aadhaar number.

2. How the marketplace works

2.1 HYPE. is a marketplace. HYPE. is a marketplace e-commerce entity under the Consumer Protection (E-Commerce) Rules, 2020. Sellers own the items they list and sell them directly to Buyers. The contract of sale is between the Buyer and the Seller. HYPE. does not own inventory and is not the seller of any item.

We do more than host listings: we run the Auction, set opening prices, hold payments until delivery, arrange logistics and authenticate items as described in these Terms. We are responsible to you for those services.

Each Listing shows the Seller's display name, city, level and rating and, for business Sellers, the business name. The Seller's legal name, address and GSTIN (where registered) appear on your Order invoice or receipt, and are available on request. Customer care for every Order is provided by HYPE.

2.2 Listings. Sellers must describe items truthfully and completely, including brand, model, size, condition, any flaws and, where known, the country of origin and MRP. Every Listing needs at least 3 clear photographs of the actual item. Condition grades are:

• DS (deadstock): new and unworn, with original packaging where applicable
• VNDS (very near deadstock): worn or used once or twice, with no visible wear
• Used: visible signs of use, each described in the Listing

We may edit, pause or remove any Listing that breaks these Terms, and we may limit which categories are open at any time.

2.3 Market prices shown. Listings may show reference prices, such as a global landed price, the India Market Price, recent HYPE. sale prices and bid history. These are for information only, come partly from third-party sources, and are not a valuation or a promise of what an item will sell for. Each reference price states its basis and date.

2.4 Opening bid and reserve. HYPE. sets the opening Bid for each Auction from market data. Where we have no sales data for an item, the opening Bid is 30% below the India Market Price. Sellers may set a hidden reserve price of up to 95% of the India Market Price. The Listing shows whether the reserve has been met. If bidding does not reach the reserve, the Seller does not have to sell, and the item may be relisted free of charge.

2.5 Bidding.

• Every Bid is binding. By placing a Bid, you make a binding offer to buy the item at that price plus the Delivery Charge shown on the Listing.
• When the contract is made. If yours is the highest Bid when the Auction closes and any reserve is met, the closing notice we send is the acceptance of your Bid, and a binding contract of sale is made between you and the Seller.
• Minimum increments apply and are shown next to the bid box:

• Proxy bidding. You can set a maximum Bid. The system then bids for you one increment at a time, only as far as needed to keep you in the lead, and never above your maximum. If two proxy Bids are equal, the earlier one wins.
• Anti-sniping. Any Bid placed in the last 5 minutes extends the Auction by 5 minutes from that Bid. The Auction closes once 5 minutes pass with no new Bid.
• Retracting a Bid is allowed only if (a) the Seller materially changes the Listing after your Bid, (b) the Listing contained a clear error, such as the wrong size, or (c) a technical error on the Platform caused the Bid. You must ask within 30 minutes of bidding, and not in the last 30 minutes of the Auction.
• Sellers may not bid on their own items or have anyone bid for them (shill bidding). Doing so leads to a permanent ban.
• Bid history is shown publicly with masked bidder IDs.

2.6 Buy Now. Some Listings have a Buy Now price, set at or near the India Market Price. A Buy Now purchase is binding the moment you pay. Buy Now is withdrawn once the highest Bid reaches 90% of the India Market Price, and the Listing then says so. After that, the item can only be won by bidding.

2.7 Multiple units. Sellers with several identical units may list them together. The next unit opens once one sells.

2.8 Platform issues. If an outage or technical error affects an Auction, we may pause, extend, cancel or re-run it, and we will notify affected bidders. We are not liable for Bids lost because of problems with your own device, network or connection.

2.9 How listings are ranked. By default, Auctions are shown in order of closing time, soonest first. You can also sort by price, newest, or most watched, and filter by category, brand, size, condition and price. Sellers can pay to boost a Listing. Boosted Listings are always labelled "Boosted". Apart from labelled boosts, no Seller can pay to change where its Listings appear.

3. Payments, fees and credits

3.1 What Buyers pay. Buyers pay the winning Bid or Buy Now price plus the Delivery Charge. The Delivery Charge is shown on the Listing before you bid or buy, and again at checkout. Buyers pay no commission, buyer's premium or authentication fee. We accept UPI, debit and credit cards, net banking and supported wallets, processed by our payment partner, Razorpay Software Private Limited. We do not currently offer cash on delivery or EMI. All prices are in Indian Rupees.

3.2 Payment window. If you win an Auction, you must pay:

• within 1 hour of the Auction closing, for items priced below ₹50,000; or
• within 6 hours of the Auction closing, for items priced ₹50,000 or more.

Buy Now items must be paid for at checkout.

3.3 Non-payment. If the winner does not pay in time:

• the win lapses and the Buyer receives a strike (section 6);
• the item is re-auctioned for 1 hour, starting from the runner-up's last Bid; and
• the runner-up is not bound to buy unless they confirm.

If a payment fails because of a gateway error, you get a short window to retry. Any amount debited without a completed Order is refunded in full within 48 hours.

3.4 Commission (Sellers). HYPE. charges Sellers a commission on each completed sale, deducted from the payout:

The commission is calculated on the final sale price, excluding the Delivery Charge, and includes any applicable GST. Example: on a ₹1,00,000 sale, the commission is ₹3,000 + ₹3,500 = ₹6,500. Optional services and their fees, and the terms for founding Sellers, are set out in the Seller Terms.

3.5 How we hold payments. HYPE. receives payment from Buyers as the Seller's limited agent for collecting payment. When you pay HYPE., your obligation to pay the Seller for that Order is fully met. We keep these funds in a bank account separate from our own operating funds, and release them to the Seller only after the item is delivered and the claim window has closed without a valid Claim. If the Order is cancelled or a Claim is upheld, we refund the Buyer from these funds. We do not pay interest on funds held.

3.6 Taxes. Prices include any applicable taxes unless stated otherwise. Where the law requires, we will deduct or collect tax at source from Seller payouts (such as TDS under the Income-tax Act, 1961 or TCS under the GST laws) and issue the related certificates.

3.7 HYPE. Credits. We may give promotional credits, such as waitlist, referral or first-bid credits. Unless the offer says otherwise, credits:

• have no cash value and cannot be transferred or withdrawn;
• can be used once;
• may be limited to certain uses, such as a Delivery Charge; and
• expire on the date stated in the offer.

Waitlist credits of ₹200 can be used once, on an Auction win or a Buy Now purchase, and expire 60 days after launch. Referral credits of ₹200 each, for you and the person you refer, are applied as a discount on a Delivery Charge. We may cancel credits obtained through fraud, duplicate accounts or self-referral.

3.8 Payment problems and chargebacks. For any problem with a payment or an Order, please raise it with us first, from your Order page or by writing to team.thehypecompany@gmail.com. Payments are processed by Razorpay Software Private Limited; you can also reach Razorpay's support at razorpay.com/support. You may cancel a pending payment before it is completed by closing the payment window; no money will be taken.

You keep your right to dispute a transaction with your bank. If you raise a chargeback without first raising a Claim with us, however, we will contest it with evidence of delivery and authentication, and we may suspend your account while it is investigated. If the chargeback is found to be abusive, we may close your account.

3.9 Cancellation by HYPE. We may cancel an Order before dispatch if:

• the item fails authentication;
• the Listing contained a clear error, such as a price or description error caused by a technical fault;
• we reasonably suspect fraud; or
• the Seller cannot fulfil the Order.

In each case, you receive a full refund of everything you paid, within 48 hours. We never charge Buyers a cancellation fee.

4. Delivery, authentication, returns and refunds

4.1 How an Order moves. HYPE. handles pickup and delivery in-house, through our own delivery staff or local delivery personnel we engage (our "delivery team"). After the Buyer pays, the Seller must hand the item to our delivery team within 24 hours.

• Items from Level 1 Sellers, and every item priced ₹50,000 or more, go first to the HYPE. authentication centre. They are inspected there and then shipped to the Buyer.
• Other items from Level 2 and Level 3 Sellers may be shipped directly to the Buyer. These Sellers have a clean sales record and are subject to random checks.

The Listing shows which route an item will take. Details are in our Shipping & Delivery Policy.

4.2 Delivery time. Most Delhi NCR Orders are delivered within 5–6 days of payment. If your Order has not been delivered within 10 days of payment, you may cancel it for a full refund, unless the delay was caused by you (for example, an incorrect address or a missed delivery).

4.3 Authentication. HYPE. checks items routed through our centre for authenticity, condition and match with the Listing, using our own inspection and, where needed, independent experts. Items that pass carry the "HYPE. Verified" mark. We film each one being packed and close it with a tamper-evident HYPE. seal. We may use this footage to decide Claims and in our marketing; it never shows your personal details. If an item fails authentication, the Order is cancelled, the Buyer receives a full refund and the item is returned to the Seller.

Authentication is our professional opinion based on inspection at the time; it is not a certificate of value. If an item we have marked "HYPE. Verified" is later shown to be counterfeit, you are entitled to a full refund under our Returns, Refunds & Cancellation Policy.

HYPE. is not affiliated with, authorised by or endorsed by any brand sold on the Platform. Brand names and trade marks belong to their owners and are used only to describe genuine items.

4.4 All sales are final, except when something is wrong. You cannot return an item because you changed your mind. You can raise a Claim within 48 hours of delivery if the item:

• is counterfeit or not authentic;
• is not the item listed (wrong model, colourway or size);
• is in materially worse condition than described, or has damage not shown in the Listing; or
• arrives damaged in transit.

How to raise a Claim, the evidence needed and the refund timelines are set out in our Returns, Refunds & Cancellation Policy. Nothing in these Terms limits any right you have under the Consumer Protection Act, 2019.

4.5 Ownership and risk. Ownership of an item passes to the Buyer on delivery. Until the item is handed to our delivery team, the Seller bears the risk of loss or damage. From that point until delivery, the risk is ours, as set out in section 4.6.

4.6 Loss in transit. If an item is lost or damaged in transit while with our delivery team, the Buyer receives a full refund. HYPE. bears that loss.

5. Sellers

Sellers must also accept our Seller Terms. These cover onboarding, the seller undertaking, listing standards, fees, the security deposit, dispatch, authentication, payouts, taxes and seller strikes. If these Terms and the Seller Terms conflict on a seller matter, the Seller Terms apply.

6. Rules, strikes and suspension

6.1 Prohibited items and content. You may not list, upload or share anything prohibited by our Prohibited Items & Content Policy.

6.2 Prohibited conduct. You must not:

• arrange or complete a sale, payment or delivery outside the Platform for an item found through HYPE.;
• bid on your own Listing, bid for a Seller, or coordinate Bids to push prices up or down;
• create more than one account, or use another person's account or identity;
• give false information, upload misleading photos, or tamper with items or evidence;
• harass, threaten or abuse other Users or our team; or
• scrape, copy or resell Platform data or prices, or interfere with the Platform's security or operation.

6.3 Strikes. We track breaches through strikes. Strikes expire after 90 days unless a ban applies.

6.4 Our rights. If we reasonably believe you have broken these Terms or the law, or created risk for other Users, we may:

• warn you;
• remove Listings or cancel Orders;
• hold payouts connected to the breach;
• suspend or close your account; and
• report the matter to the authorities.

We will tell you the reason unless the law or an investigation prevents us. You can appeal any decision through our Grievance Redressal Policy.

6.5 Closing your account. You can close your account at any time by writing to us, once you have no open Bids, Orders, Claims or payouts. Some sections continue to apply after closure by their nature, including payments owed, the content licence, liability and disputes.

7. Intellectual property, liability and indemnity

7.1 Our IP. The HYPE. name, wordmark, design, software, price data, market indices and content on the Platform belong to BidHype Private Limited or its licensors. You may use the Platform only for your own buying and selling. You may share links to and screenshots of Listings, but you may not copy, scrape or reuse our data or brand without written permission.

7.2 Reporting infringement. If you believe a Listing infringes your rights, report it under our Prohibited Items & Content Policy. We will act on it as the law requires.

7.3 The Platform "as is". We work to keep the Platform accurate, secure and available, but we do not guarantee it will be uninterrupted or error-free.

7.4 Limitation of liability. To the extent the law permits:

• HYPE. is not liable for indirect or consequential losses, such as lost profits, lost opportunity or loss of resale value; and
• our total liability is limited to the amount paid for the Order for any claim relating to an Order, and to ₹10,000 for any other claim.

Nothing in these Terms limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited under Indian law, or affects your rights as a consumer.

7.5 Indemnity. You agree to compensate HYPE. for losses and reasonable legal costs arising from your breach of these Terms, your violation of law, or any item you list that is counterfeit or infringes someone's rights.

7.6 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, epidemics, strikes, government action, or outages of banks, payment gateways, transport networks or internet providers. Our obligations are suspended for as long as the event continues.

8. Disputes, law and complaints

8.1 Talk to us first. Most problems with an Order are resolved through the Claim process. For anything else, use our Grievance Redressal Policy.

8.2 Arbitration. Any dispute between you and HYPE. that is not resolved under section 8.1 will be settled by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement. The seat and venue will be New Delhi, the language English, and the arbitration may be held online.

8.3 Your consumer rights. Nothing in section 8.2 stops a consumer from approaching a Consumer Disputes Redressal Commission, or using the National Consumer Helpline (1915, or consumerhelpline.gov.in), under the Consumer Protection Act, 2019.

8.4 Governing law and courts. These Terms are governed by the laws of India. Subject to sections 8.2 and 8.3, the courts at New Delhi have exclusive jurisdiction.

8.5 Disputes between Users. HYPE. is not a party to the contract of sale between Buyer and Seller. However, we run the Claim process to resolve Order disputes, and both sides agree to follow our decision on refunds and payout releases. This does not affect their legal rights against each other.

9. Communications

We send service messages about your account, Bids, Orders, payouts and Claims by SMS, WhatsApp, email, push notification and on the Platform. These are necessary to use the Platform.

We send promotional messages (new drops, auction reminders, price reports) only if you opt in. If you opt in, you agree that we and our authorised service providers may contact you by SMS, WhatsApp, email and calls for these purposes, even if your number is registered under the Do Not Disturb (DND) preferences, as permitted by the Telecom Commercial Communications Customer Preference Regulations, 2018. You can withdraw this consent at any time by using the unsubscribe link, replying STOP on WhatsApp, changing your account settings, or writing to us.

10. General

10.1 Our policies. These Terms include the following policies, which apply to you as relevant:

• Seller Terms
• Returns, Refunds & Cancellation Policy
• Shipping & Delivery Policy
• Prohibited Items & Content Policy
• Privacy Policy
• Cookie Policy
• Grievance Redressal Policy

If a policy conflicts with these Terms on its own subject, the policy applies.

10.2 Reminders. We will remind you of these Terms and our Privacy Policy at least once a year, and whenever we make a material change.

10.3 Notices. We send notices to the email address or mobile number on your account. You can send notices to team.thehypecompany@gmail.com or to our registered office.

10.4 General. If any part of these Terms is found invalid, the rest continues to apply. If we do not enforce a term, that is not a waiver. You may not transfer your account or these Terms. We may transfer them to a successor business, with notice to you. These Terms and our policies are the full agreement between you and HYPE. about the Platform.

See also our Privacy policy.