Terms of service
VATSVI MILLS Private Limited, a company incorporated in India under the
provisions of Companies Act, 2013 (referred to herein
as, “we”, “our” or “us”) is in the business of wholesaling and retailing
various categories of goods across India through various modes of
distribution channel (“Products” and/or “Services”). The
portals www.Ecrue.co.in (“Ecrue”) and the corresponding mobile
application (collectively, “Platforms”), are managed and operated by
VATSVI MILLS Private Limited. Any natural or legal person who accesses
and/or uses the Platforms in any manner (“you” or “your”) or uses any
current or future service or functionality or offer made available on the
Platforms (“Service”) will be subject to these terms and conditions for use
of the Platforms (“Terms”), as updated from time to time. Your access to
Services, other platforms or utilization of Products (defined below), offers or
promotions in relation to the Products, as may be provided by us or our
affiliates, may be governed by other terms and conditions, policies or
guidelines (“Additional Terms”) along with these Terms. If these Terms are
inconsistent with such Additional Terms, the Additional Terms will control to
the extent of such inconsistency with respect to the applicable Service or
utilization of the Product.
These Terms constitute an electronic record within the meaning of the
Information Technology Act, 2002. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
Please read these Terms carefully before using or accessing the Platforms
or availing any Service. By using the Platforms or availing any Service, you
signify your agreement to be bound by these Terms.
For the purposes of these Terms, “Products” shall mean the diverse range
of home products listed on the Platforms from time to time and other
products offered for sale to you on both the Platforms; and We and you are
hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into parts. Please carefully read all the parts to
understand the conditions applicable for usage of the Platforms and for the
purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORMS
1. GENERAL
1.1 The terms and conditions for usage of the Platforms as set out herein
(“Terms of Use”) specifically govern your access and use of the Platforms,
which provides a forum for you to inter alia discover, select and buy
Products listed on the Platforms at the indicated price at any time, from the
locations serviceable by us.
1.2 Please note that we may from time to time, modify the Terms of Use
that govern your use of the Platforms. Every time you wish to use our
Platforms, please check these Terms of Use to ensure that you understand
the terms and conditions that apply at that time. Further, please note that
we reserve the right to either change the format and the content of the
Platforms or suspend the operation of the Platforms for support or
maintenance work, in order to update the content or for any other reason,
at any time.
1.3 The accessing, browsing, or otherwise using the Platforms indicates
your agreement to these Terms of Use, the Privacy Policy and any other
policies or guidelines that may be applicable to the Platforms at the time of
your access and usage of the Platforms and which may be updated from
time to time (collectively, the “Agreement”).
1.4 We authorise you to view and access the Platforms solely for identifying
Products, carrying out purchases of Products and processing returns and
refunds, in accordance with the Return and Refund Policy. We therefore
grant you a limited, revocable permission to access and use the Services.
1.5 By accepting this Agreement, you affirm that you are 18 (Eighteen)
years of age or above and are fully competent to enter into this Agreement,
and to abide by and comply with this Agreement. If a user is below 18
(Eighteen) years of age, it is assumed that he/she is using/browsing the
concerned Platform under the supervision of his/her parent or legal
guardian and that such user’s parent or legal guardian has read and
agrees to the terms of this Agreement, including the terms of purchase of
Products on behalf of the minor user. In the event we are made aware that
a user is under the age of 18 and is using/browsing the Platform without the
supervision of his/her parent or legal guardian, we reserve the right to
deactivate such user’s account without further notice. Further, if you are
using the Services on behalf of a company or organization, you represent
that you have the authority to act on behalf of that entity, and that such
entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Platforms and/or avail Services
thereof, you will have to register on the Platform. Registration is a one-time
process and is free of cost.
2.1.1 You may register on Ecrue in one of the following ways:
a. Creating an account: by providing the relevant information for the
creation of your account on Ecrue and after filling in the necessary forms
and providing the necessary details as may be required by us at the time of
your registration. Following this, an account with an exclusive username
and password (basis your inputs) will be created by Vatsvi for you.
b. Using a third-party account: you may use the login credentials of the
account maintained by you with a Vatsvi-integrated third-party (illustratively,
Google or Facebook), in which case you will also be subject to the relevant
third-party terms and conditions applicable to such account.
2.1.2 You may register on Ecrue on successful mobile OTP (One Time
Password) verification and you will be eligible to further access and avail
the Services after filling in the necessary forms and after providing the
necessary details as may be required by us at the time of your registration.
For placing an order, you should login to your account by completing the
successful mobile OTP verification.
2.2 You are solely authorized to operate the account created by you.
Consequently, it is your responsibility to maintain the confidentiality of the
log in credentials of your account on the Platforms and for restricting
access to your computer/mobile/other similar devices to prevent
unauthorized access to your account. You shall remain solely liable for all
the actions undertaken through your account.
2.3 You will: (a) immediately inform us of any unauthorized use of the
account or any other security breach; and (b) ensure that you log out of
your account at the end of each session. We, our employees, agents,
directors and officers will not be liable for any loss or direct or indirect
damage arising from your failure to comply with these Terms of Use. You
may be held liable for any losses incurred to us or any other user due to
unauthorized use of their account by you. We reserve the right to refuse
access to the Platform(s), terminate accounts, remove or edit content at
any time without notice to you.
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news,
updates, offers/ campaign related SMS, to the mobile phone number
provided by you. By accessing and using the Platforms and/or verifying
your contact number with us, you explicitly consent to receive such
communications (through call, SMS, email or other digital and electronic
means) from us and/or our authorized representatives regarding any new
services or offerings, even if your contact number is registered under the
DND/NCPR list under the Telecom Commercial Communications Customer
Preference Regulations, 2018.
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional
communications, newsletters and other notifications from us at any time by
following the instructions set out in such communications.
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations, whether
in relation to the Products, Services, offerings or otherwise (hereinafter
“Information”) provided as part of the Platforms is correct at the time of
inclusion on the concerned Platform. We do not guarantee the accuracy of
the Information. We make no representations or warranties as to the
completeness or accuracy of Information.
4.2 You agree that Information is being supplied to you on the condition
that you will make your own determination as to the suitability of such
information for your purpose prior to use or in connection with the making
of any decision. No Information on the Platforms shall constitute an
invitation to invest in us or any affiliates. Any use of the Platforms or the
Information is at your own risk. Neither we, our affiliates, nor their officers,
employees or agents shall be liable for any loss, damage or expense
arising out of any access to, use of, or reliance upon, this website, the
Information, or any third-party website linked to the Platforms. We are not
responsible for the content of any third-party sites and do not make any
representations regarding the content or accuracy of material on such sites.
If you decide to access links of any third-party platforms, you are doing so
entirely at your own risk and expense.
4.3 As a means to assist the users in identifying the Products of their
choice, we provide visual representations on the Platforms including
graphics, illustrations, photographs, images, videos, charts, screenshots,
infographics and other visual aids. While reasonable efforts are made to
provide accurate visual representation, we disclaim any guarantee or
warranty of exactness of such visual representation or description of the
Product, with the actual Product ultimately delivered to users. The
appearance of the Product when delivered may vary for various reasons.
4.4 Nothing contained herein is to be construed as a recommendation to
use any Product, process, equipment or formulation, in conflict with any
patent, or otherwise and we make no representation or warranty, express
or implied that, the use thereof will not infringe any patent, or otherwise.
4.5 We do not covenant or provide any representations and warranties:
4.5.1 In respect of quality, suitability, accuracy, reliability,
performance, safety, merchantability, fitness for a particular
purpose/consumption or the content (including Product or pricing
information and/or specifications) on the Platforms;
4.5.2 that the Services will be made available at all times; and
4.5.3 that the operation of the Platforms, including the functions contained
in any content, information and materials on any Platform or any third-party
sites or services linked to the Platforms will be uninterrupted, or that the
defects will be rectified, or that the Platforms or the servers that make such
content, information and materials available are free of viruses or other
harmful components.
Disclaimer -To the extent permitted by applicable law, We, our officers,
agents, employees and directors, disclaim any liability against any loss,
damage, expenses, liabilities, claim, injury caused due to the failure of
performance, omission, defect of products, or deletion, interruption, error,
delay, virus, communication, unauthorized access, theft, destruction,
alteration or use of records on the Platforms.
5. AVAILIBILITY AND ACCESIBILITY OF THE PLATFORMS
5.1 We control and operate the Platforms from India and make no
representation that the materials and the content available on the Platforms
is appropriate to be used or will be available for use in other locations
outside India. If you use the Platforms from outside India, you are entirely
responsible for compliance with all applicable local laws. These Terms of
Use do not constitute, nor may these Terms of Use be used for or in
connection with any promotional activities or solicitation by anyone in any
jurisdiction in which such promotional activities or solicitation are not
authorized or to any person to whom it is unlawful to promote or solicit.
5.2 We have several Platforms offering Products, Services, content and
various other functionalities to specific regions worldwide. The Services
offered in one region may differ from those in other regions due to
availability, local or regional laws, shipment and other considerations. We
do not make any warranty or representation that a user in one region may
obtain the Services from our site in another region and we may cancel a
user's order or redirect a user to the site for that user’s region if a user
attempts to order Services offered on a site in another region.
5.3 Information that we publish on the World Wide Web may contain
references or cross references to our Products, programs and Services that
are not announced or available in your country. Such references do not
imply that we intend to announce such Products, programs or Services in
your country. Consult our local business contact for information regarding
the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent
accounts and transactions. Users with more than one account or availing
referral vouchers fraudulently shall be liable for legal actions under law and
we reserve the right to recover the cost of goods, collection charges and
lawyer fees from persons using the Platforms fraudulently. We reserve the
right to initiate legal proceedings against such persons for fraudulent use of
the Platforms and any other unlawful acts or omissions in breach of these
terms and conditions. In the event of detection of any fraudulent or declined
transaction, prior to initiation of legal actions, we reserve the right to
immediately delete such account and dishonour all past and pending
orders without any liability. For the purpose of this clause, we shall owe no
liability for any refunds.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 In your use of the Platforms, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of
advertisers or members or sponsors of the Platforms or access any other
third-party website linked to the Platforms. Unless otherwise stated, any
such correspondence, advertisement, purchase or promotion, including the
delivery of and the payment for goods and/or services, and any other term,
condition, warranty or representation associated with such
correspondence, purchase or promotion, is solely between you and the
applicable third party. You agree that we have no liability, obligation or
responsibility for any such correspondence, purchase or promotion, access
or usage of any third-party website and the contract under such instances
remains between you and any such third party.
7. COPYRIGHTS IN VATSVI CONTENT
7.1 The Platforms contain material, including text, graphics and sound,
which is protected by copyright and/or other intellectual property rights
(“Vatsvi Content”). All copyright and other intellectual property rights in the
Vatsvi Content are either owned by us. We retain copyright on all
Information, including text, graphics and sound and all trademarks
displayed on the Platforms are either owned by us.
7.2 You may use and display the Vatsvi Content on your personal computer
only for your personal use subject to the grant of a limited, revocable,
personal, non-exclusive and non-transferable license to you by us when
you register on any of the Platforms, only for identifying Products, carrying
out purchases of Products and processing returns and refunds in
accordance with our Return and Refund Policy and for using and printing
copies of the information on the Platforms for your personal use and store
the files on your computer for personal use only and not for business
purposes.
7.3 You may not: (a) copy (whether by printing off onto paper, storing on
disk, downloading or in any other way), distribute (including distributing
copies), download, display, perform, reproduce, distribute, modify, edit,
alter, enhance, broadcast or tamper within any way or otherwise use any
Vatsvi Content contained on the Platforms. These restrictions apply in
relation to all or part of the Vatsvi Content available on the Platforms; (b)
copy and distribute the Information on any other server, or modify or re-use
text or graphics on this system or another system; (c) reproduce any part of
the Platforms or sell or distribute the same for commercial gain nor shall it
be modified or incorporated in any other work, publication or web site,
whether in hard copy or electronic format, including postings to any other
web site; (d) remove any copyright, trademark or other intellectual property
notices contained in the original material from any material copied or
printed off from the Platforms; or (e) link any other material to the
Platforms, without our express written consent.
7.4 The license granted to you does not include a license for: (a) resale of
Products or commercial use of the Platforms or Vatsvi Content, (b) any
collection and use of product listings, description, or prices, (c) any use of
the Platforms, the Services and/or of Vatsvi Content other than as
contemplated in these Terms of Use, (d) any downloading or copying of
login credentials of user, (e) any use of data mining, robots, or similar data
gathering and extraction tools to extract (whether once or many times) any
parts of the Platforms, and (f) creating and/ or publishing your own
database that features parts of the Platforms.
7.5 If you believe that your intellectual property rights have been used in a
way that raises concerns of infringement, please write to us
at info@ecrue.com and let us know of your concerns.
8. TRADEMARKS
All the trade names associated with us and all Products and logos denoted
with TM are trademarks or registered trademarks of us or our affiliates. Our
trademarks may not be used in connection with any product or service that
is not our product or service.
9. LICENSE AND USE OF YOUR CONTENT
9.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive
right and license to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works from, display worldwide, or act
on any material posted by you on the Platforms without additional approval
or consideration in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such content, and
you waive any claim over all feedback, comments, ideas or suggestions or
any other content provided through or on the Platforms. You agree to
perform all further acts necessary to perfect any of the above rights granted
by you to us, including the execution of deeds and documents, at its
request.
9.2 You agree that we do not routinely monitor your postings on the
Platforms but reserve the right to do so. However, if we become aware of
inappropriate use of the Platforms or any of its Services, we will respond in
any way that, in its sole discretion, we deem appropriate. You acknowledge
that we will have the right to report to law enforcement authorities of any
actions that may be considered illegal, as well as any information it
receives of such illegal conduct. When requested, we will co-operate fully
with law enforcement agencies in any investigation of alleged illegal activity
on the internet.
9.3 Submissions and unauthorized use of any materials contained on the
Platforms may violate copyright laws, trademark laws, the laws of privacy
and publicity, certain communications statutes and regulations and other
applicable laws and regulations. You alone are responsible for your actions
or the actions of any person using your username and/or password. As
such, you shall indemnify and hold us and our officers, directors,
employees, affiliates, agents, licensors, and business partners harmless
from and against any and all loss, costs, damages, liabilities, and expenses
(including attorneys' fees) incurred in relation to, arising from, or for the
purpose of avoiding, any claim or demand from a third party that your use
of the Platforms or the use of the Platforms by any person using your user
name and/or password (including without limitation your participation in the
posting areas or your Submissions) violates any applicable law or
regulation, or the rights of any third party.
9.4 We reserve the right to terminate access to the Platforms at any time
and without notice. Further this limited license terminates automatically,
without notice to you, if you breach any of these Terms of Use. Upon
termination, you must immediately destroy any downloaded and printed
materials. Any provision of the Terms of Use which imposes an obligation
or creates a right that by its nature will be valid after termination or
expiration of the Terms of Use shall survive the termination or expiration of
the Terms of Use.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of the Platforms and/or
Services will not violate any applicable law or regulation; (b) all information
that is submitted to us in connection with the Platforms and/or Services is
true, accurate and lawful; (c) use of the content and material you supply
does not breach any applicable Agreement and will not cause injury to any
person or entity (including that the content or material is not defamatory). If
at any time, the information provided by you is found to be false or
inaccurate, we will have the right to reject registration, cancel all orders,
and restrict you from using the Services and other affiliated services in the
future without any prior intimation whatsoever. You agree to indemnify us
and our affiliates for all claims brought by a third party against it or its
affiliates arising out of or in connection with a breach of any of these
warranties.
10.2 You will use the Platforms for lawful purposes only and will not
undertake any activity that is harmful to the Platforms or its content or
otherwise not envisaged through the Platforms. You have a limited license
to access and use the Platforms solely for the purpose of availing the
Services, subject to these Terms of Use.
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on the Platforms, including but not
limited to any information regarding the Services, their performance, sales
or pricing, legal notices, disclaimers or proprietary notices such as
copyright or trademark symbols, logos, that you do not own or have
express permission to modify;
10.3.2 Decompile, reverse engineer, or disassemble the content on the
Platforms;
10.3.3 Use the Services in any way that is unlawful, or harms Vatsvi or any
other person or entity, as determined in Vatsvi’s sole discretion;
10.3.4 Use any engine, software, tool, agent or other mechanism (such as
spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots,
intelligent agents, etc.) to navigate or search the Platforms;
10.3.5 Make false or malicious statements against the Services, the
Platforms or us;
10.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make
available any software or other computer files that contain a virus or other
harmful component, or otherwise disrupt or damage the Platforms and/or
Services or any connected network, or otherwise interfere with any person
or entity’s use or enjoyment of the Platforms and/or the Services;
10.3.7 Introduce any trojans, viruses, any other malicious software, any
bots or scrape the Platforms for any information;
10.3.8 Probe, scan, or test the vulnerability of any system, security or
authentication measures implemented by us or otherwise tamper or
attempt to tamper with our technological design and architecture;
10.3.9 Hack into or introduce malicious software of any kind onto the
Platforms;
10.3.10 Gain unauthorized access to, or interfere with, or damage, or
disrupt the server on which the details connected to the Services are
stored, or any other server, computer, or database connected to the
Services; or
10.3.11 Engage in any form of antisocial, disruptive, or destructive acts,
including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and
“griefing” as those terms are commonly understood and used on the
internet.
10.4 You are prohibited from hosting, displaying, uploading, modifying,
publishing, transmitting, updating or sharing on or through the Platforms,
any information that:
10.4.1 is libellous, defamatory, abusive, threatening, harassing, hateful, and
offensive or otherwise violates any law or right of any third-party;
10.4.2 belongs to another person and to which you do not have any right;
10.4.3 is harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, invasive of another’s privacy, hateful, relating to
or encouraging money laundering or gambling, or otherwise harmful in any
manner whatsoever;
10.4.4 harms minors in any way;
10.4.5 infringes any patent, trademark, copyright or other proprietary rights;
10.4.6 violates any law for the time being in force;
10.4.7 deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
10.4.8 impersonates or defames another person; or
10.4.9 contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless us, our affiliates,
officers, directors, employees, consultants, licensors, agents, and
representatives from and against any and all third- party claims, losses,
liabilities, damages, and/or costs (including reasonable attorney fees and
costs) arising from your access to or use of the Platforms or the Services,
violation of these Terms of Use, or infringement of any of our or any third-
party intellectual property or other rights. We will notify you promptly of any
such claim, loss, liability, or demand, and in addition to the foregoing, you
agree to provide us with reasonable assistance, at your expense, in
defending any such claim, loss, liability, damage, or cost.
11.1 To the fullest extent permitted by law, in no event shall Vatsvi or any of
its directors, officers, employees, agents or content or service providers
(collectively, the “Vatsvi Representatives”) be liable to you for any direct,
indirect, special, incidental, consequential, exemplary, special, remote or
punitive damage, including, but not limited to damages for loss of profits,
goodwill, use, data or other intangible losses arising from, or directly or
indirectly related to, the use of, or the inability to use, the Platforms or the
content, materials and functions related thereto, the Services, provision of
information via the Platforms, lost business, even if such Reliance
Representatives have been advised of the possibility of such damages.
11.2 In no event shall Vatsvi Representatives be liable for:
11.2.1 the use or inability to use the Platforms and/or the Services;
11.2.2 any content posted, transmitted, exchanged or received by or on
behalf of any user or other person on or through the Platforms; or
11.2.3 any other matter relating to the Platforms or the Services.
11.3 Vatsvi is neither liable nor responsible for any actions or inactions of
the other users of the Platforms or any breach of conditions,
representations or warranties by them Vatsvi is not obligated to mediate or
resolve any dispute or disagreement amongst two or more users of the
Platforms.
11.4 None of the directors, officials or employees of Vatsvi shall be
personally liable for any action in connection with the Platforms or the
Services thereto.
12. ACCESS OUTSIDE THE REPUBLIC OF INDIA
Vatsvi makes no representation that the content on the Platforms is
appropriate to be used or accessed outside the Republic of India. Your use
of or access to the Platforms from outside the Republic of India is at your
own risk and you are responsible for compliance with the laws of such
jurisdiction.
13. APPLICABLE LAW AND JURISDICTION:
These Terms of Use are governed by and to be interpreted in accordance
with laws of India, without regard to the choice or conflicts of law provisions
of any jurisdiction. You agree, in the event of any dispute arising in relation
to these Terms of Use or any dispute arising in relation to the Platforms,
whether in contract or tort or otherwise, to submit to the jurisdiction of the
courts located at NCR, India for the resolution of all such disputes.
14. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have
with respect to the information shared by you with us hereunder and its
treatment or any grievance related to Services being availed hereunder,
may be directed by you to such grievance officer or at the below mentioned
coordinate:
Designation: Grievance Officer
Email Address: info@Ecrue.com
15. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its
obligations if the delay or failure arises from any cause which is beyond our
reasonable control.
16. WAIVER
No provision in these Terms of Use will be deemed waived and no breach
excused, unless such waiver or consent is in writing and signed by us. Any
consent by us 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.
17. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be unenforceable under applicable law, then such provision
will be excluded from these Terms of Use and the remainder of these
Terms of Use will be interpreted as if such provision were so excluded and
will be enforceable in accordance with its terms; provided however that, in
such event, these Terms of Use will be interpreted so as to give effect, to
the greatest extent consistent with and permitted by applicable law, to the
meaning and intention of the excluded provision as determined by such
court of competent jurisdiction.
18. AMENDMENT
These Terms of Use are subject to amendments and modifications and
may be updated from time to time, without any advance notice. You are
requested to regularly review the Terms of Use as available on the
Platforms. Your relationship with the Platforms will be governed by the most
current version of these Terms of Use, as published on the Platforms.
19. MISCELLANEOUS
19.1 In addition to these Terms of Use, 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, brand promotional offers, whose links, if any,
are contained/embedded in the Services. You agree that we will not be
liable for any transaction between itself and any such third parties.
19.2 These Terms of Use supersede all previous oral and written terms and
conditions (if any) communicated to you by us, for the use of the Platforms,
and the rights and liabilities with respect to any Services to be provided by
us shall be limited to the scope of these Terms of Use.
PART B – TERMS AND CONDITIONS OF SALE ON ECRUE
HOME PLATFORM
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 Product, you expressly agree to be bound by these Terms of
Sale.
These Terms of Sale are in addition to the Agreement. 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 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 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 If your order is dispatched in more than one package, you may receive
separate Shipment Confirmations for each package, and each Shipment
Confirmation and corresponding dispatch will conclude a separate contract
of sale between you and us for the Product(s) specified in that Shipment
Confirmation.
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
endeavour 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 Your contract is with us and you confirm that the Product(s) ordered by
you are purchased for your internal / personal purpose and not for re-sale
or business purpose. Please note that we sell Products only in quantities
which correspond to the usual requirements of an average household. This
applies both to the number of Products ordered within a single order and
the placing of several orders for the same Product where the individual
orders comprise a quantity typical for a normal household.
1.7 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.
1.8 You hereby authorise us to declare and provide declarations to any
governmental authority on request on your behalf, including that the
Products ordered by you are for personal, non-commercial use.
2. RETURN AND REFUND
Please review the Returns Policy and Refund Policy of the Platforms which
applies to Products sold by us.
3. PRODUCT AVAILABILITY
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 All prices are listed in Indian Rupees. Price, as displayed, is not
inclusive of all applicable taxes.
4.2 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. It is also possible that a Product’s price may change between the time
you place it in your shopping cart and the time you place the order. The
prices mentioned at the time of ordering will be the prices charged on the
date of the delivery.
5. LICENSES
You acknowledge that there may be licenses/permissions required under
the applicable laws to use, purchase or otherwise possess certain
Product(s). You will be solely responsible for obtaining such
licenses/permissions and complying with the terms of such
licenses/permissions.
6. TAXES
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.
7. ELIGIBILITY
Only persons who can enter into legally binding contracts as per 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 use the Platforms and 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.
8. LIMITATION OF LIABILITY
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 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. We will not be responsible for any business loss
(including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential loss
that is not reasonably foreseeable to both you and us when a contract for
the sale of Product by us to you was formed.
9. AMENDMENTS
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 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
We will not be held responsible for any delay or failure to comply with its
obligations if the delay or failure arises from any cause which is beyond our
reasonable control.
11. WAIVER
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
These Terms of Sale, all transactions agreed 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 NCR.
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, 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.