TERMS AND CONDITIONS OF SALE
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Platforms. By placing an order for any Product with us or making a purchase of the Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Terms of Use, the Privacy Policy and other additional terms. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. OUR CONTRACT OF SALE
1.1. Listing and display of a Product by us on the Platforms is our invitation to you to make an offer for the purchase of such Product. Likewise, the placement of an order on the Platforms by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for the purchase of a Product, you will receive an e-mail and/or mobile SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. Cancellations by the User: In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6. All orders placed on the Platforms are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.7. You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf.
2. RETURN AND REFUND
2.1. Please review the Returns and Refund Policy of the Platforms which applies to Products sold by us.
3. PRODUCT AVAILABILITY
3.1. We list availability information for the Products on the relevant webpage of the Platforms. Beyond what we say on that webpage or otherwise on the Platforms, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
4.1. Products in your shopping cart of the Platforms will reflect the most recent price as displayed on the Product’s information webpage on the Platforms. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
5. TAXES
5.1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
5.2. The price of our products is inclusive of Goods and Service Tax(“GST”). GST charged shall depend upon the destination where the order has to be shipped. We reserve the right to collect taxes for shipping charges wherever applicable.
6. DELIVERY
6.1. We endeavour but do not guarantee to deliver the products to Users within 3-4 weeks from the day of the close of sale depending upon the shipping location. We work with different types of suppliers (Manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to the delivery of products from supplier to us.
6.2. Other factors include delays in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
6.3. Please note we ensure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third-party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way.
6.4. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third-party delivery agencies and/or due to time required for statutory clearances during the delivery process.
7. ELIGIBILITY
7.1. Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platforms only with the involvement of a parent or guardian post declaration in the Consent Form.
8. LIMITATION OF LIABILITY
8.1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or a person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established.
9. AMENDMENTS
9.1. We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order the Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. FORCE MAJEURE
10.1. Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Data, if such loss, damage or misuse is attributable to a Force Majeure Event as defined in the Terms of Use.
11. WAIVER
11.1. No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of New Delhi, India.
13. MISCELLANEOUS
13.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.
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