ANNEXURE - TERMS OF SALEGENERALThese Terms of Sale form part and parcel of the “Terms of Use” of the Website and shall be deemed to have been incorporated in the Terms of Use by reference. Capitalized terms used but not defined in these Terms of Sale shall have the same meaning as ascribed to them in the Terms of Use.
These Terms of Sale may be revised from time to time, therefore both the Buyer and the Seller are requested to read these Terms of Sale carefully before purchasing or listing a good / service (“Product”) using the Website respectively. Your continued use of the Website following such changes and modifications to these Terms of Sale will constitute Your acceptance of such changes or modifications.
The Company may engage in sale of Products on the Website along with third party Sellers. In such a case, reference to the expression “Seller” on the Website shall mutatis mutandis include the Company also.
SALE AND PURCHASE OF GOODS AND SERVICESThese Terms of Sale shall govern all purchase and sale of Products on the Website. These Terms of Sale stipulate the conditions subject to which Buyers and Sellers shall contract with each other for purchase and sale of Products on the Website.
The Company shall be responsible to the Buyer in accordance with these Terms of Sale for all Products sold by the Company.
In case of third party Sellers, the contract for sale of the Products shall be considered to be a bipartite contract between the Buyer and the Seller. The Company shall be neither a party nor a beneficiary under such bipartite contract.
By listing the Product on the Website, the Seller makes an invitation to offer to the Buyer. An order placed by the Buyer will be deemed to be an offer to purchase the Product from the Seller. The Buyer will be sent an email confirming the receipt of order placed by it (“Order Confirmation Email”). Issue of Order Confirmation Email only signifies receipt of order from the Buyer and does not signify acceptance of order placed by the Seller.
The Seller will be deemed to have accepted the offer made by the Buyer on dispatch of the Product to the Buyer. In case of services, the Seller will be deemed to have accepted the offer made by the Buyer on communication of acceptance. An email confirming dispatch of the Products ordered by the Buyer / acceptance of order for services will be send to the Buyer. The contract between the Seller and Buyer will be concluded on dispatch of the Product / communication of acceptance by the Seller.
The Seller is entitled to refuse any order made by the Buyer without any liability or any obligation towards the Buyer.
The Buyer hereby confirms and undertakes that the Products ordered by him / her are being purchased for his / her internal / personal purpose and not for re-sale or business purpose.
A Seller who undertakes sale of Products on the Website must maintain full records indicating all the details of such sales like name of the Buyer, kind of Buyer, registration/license/permit etc. number, amount of sale etc. should be maintained on a day to day basis.
PRODUCTS The sale of the Products on the Website is governed by the description and specifications of the Product and the terms of warranties provided by the respective Sellers in addition to (and which are not derogatory to) these Terms of Sale. The details of the warranty, if any, being provided by the Seller of the Product should be specified on the relevant Product webpage or on the Product label. The Company shall not be liable to fulfil any warranty being provided by the Seller unless such warranty has been provided by except the situation where by the cCompany is acting as seller on the website as a Seller.
Unless otherwise specified all payments by the Buyer shall be required to be made online. In specific cases, the Company/Seller may make available other modes of payment to the Buyer. The details of such alternate modes of payment shall be made available on the Product webpage.
The stock status of all the Products is shown on the Website as ‘In Stock’ or ‘Out of Stock’. However, sometimes a Product may not be available to be delivered to the Buyer after receipt of the order from the Buyer. This may happen when multiple orders are placed on the Website simultaneously. Hence, the final order status of the Product will be reflected on the Website as ‘Order Accepted’ after confirmation of availability of the Product is received from the Seller.
In case the Buyer’s order is cancelled for any reason after the payment has been processed, the amount received from the Buyer shall be returned, reversed or remitted back to the Buyer depending upon the mode of payment used by the Buyer to make the purchase.
As regards the sale of Products (goods) by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
Seller has the right to sell the Products to the Buyer on or through the Website;
Buyer shall have and enjoy quiet possession of the Products;
Products shall be free from any charge or encumbrance in favour of third party;
Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Seller of the Product;
Product shall meet the description and specifications as provided on the Website.
SELLING PRICE The Selling Price of the Product is provided on the Website on 'as is' basis as provided by the Seller and is subject to revision at any time without a notice to the Buyer. The Selling Price shall be the Maximum Retail Price (MRP) as indicated on the product less the discount , if any, offered by the Seller and/or the Company as applicable.
Unless stated otherwise, all prices the MRP of all the Products shall be are inclusive of GST or any other taxes applicable on sale under the law. Buyer will be responsible for payment of all fees / costs / charges and taxes associates the Selling Price being the MRP as reduced by the discounts ,if any, offered with against the purchase of Products.
DELIVERY OF PRODUCTS It is the responsibility of the Seller to package and dispatch the Products to the Buyers. The risk of any damage, loss or destruction to the Products during the course of the delivery or during transit shall be that of the Seller.
Unless stated otherwise on the Product webpage, the delivery of the Products shall be done free of cost. However, the Product shall be delivered to the Buyer only after the Buyer makes payment of the Selling Price for the Product purchased.
Unless otherwise specified, the Seller shall make best efforts to dispatch all the orders within 5 (five) working days (Dispatch Time) after placement confirmation/acceptance of the order for the Products. Any delay in dispatch of the Product shall be communicated to the Buyer through sms/e-mail/voice call. However, it is made abundantly clear that the Seller , in any way, does not guarantee to deliver the products within the dispatch time . The Buyer shall not be entitltled to raise any claim on the Seller or the Company on account of any delay in dispatching the products by the Seller to the Buyer. In case of any delay in dispatch of the Product by the Seller , the same shall be communicated to the Buyer through sms/e-mail/voice call.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is an estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi- partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of purchase of the Product.
Buyer shall be bound to accept the delivery, or to ensure the acceptance of delivery, of the Products upon their delivery to the shipping address unless the buyer has reason to believe that there is any external defect or damage to the product. The Seller, or the logistic service provider engaged by the Seller for delivery of the Products will shall only approach the Buyer’s shipping address only once, for delivery of the Products, and if there is nobody available at the shipping address to take and accept the delivery of the Product at the shipping address then , the Buyer shall be intimated to this effect and if the Buyer does not make any arrangement to get the product delivered to him , the product shall be delivered back to the Seller on the risk and costs to the Buyer. Buyer shall be liable to the Seller for such non-acceptance of the Products delivered to the Buyer. The Seller may levy and deduct such costs, damages, penalties etc. to compensate for non-acceptance of the Products delivered to Buyer by the Seller as approved by the Company from time to time.
The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product to the Buyer and upon full payment of selling price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product to the Buyer.
ORDER CANCELLATION The Buyer can cancel any order only before dispatch of goods by the Seller. The Buyer may cancel any order any time before dispatch of the Product by the Seller, by getting in touch with by sending his /her request in this regard to the Customer Care service team on their Customer care number
9311858500 or on their e-mail id
care@onefridayworld.com until the order ships out. Any payment made by the Buyer for such an order shall be refunded to the Buyer within 7(Seven) to 10(Ten) working days of receiving the request for cancellation after the cancellation of the order is confirmed/accepted by the Seller.
No order for cancellation shall be accepted once the Product has been dispatched by the Seller for delivery to the Buyer. If the order has been dispatched by the Seller then the Buyer shall be permitted to cancel the order placed by the Buyer only in accordance with the sales return policy, if any, offered by the Seller on the Website.
SALES RETURN The Buyer is required to verify the Product upon its receipt before accepting its delivery to him.
Upon the delivery of the Product, if the Buyer notices any external defects/damage in on the Product (including any mismatch from the order placed etc.), it should be brought to the notice of the Company / delivery agent forthwith to effect a return and the Product’s delivery must not be accepted by the Buyer. No request for return of a Product on account of any external defects/damage shall be entertained once the Buyer accepts the delivery of the Product.
Sales return of a Product on account of internal or manufacturing defect would be allowed only if such return is permitted by the Seller in accordance with the sales return policy, if any, of the Seller displayed at the time of sale of the Products. Where no sales return is permitted, the Buyer will only be entitled to avail of the warranty, or guarantee policy, if any on the Products as displayed by the Seller on the Website at the time of sale of the Products.
GENERAL TERMS ABOUT COMPANY’S RELATIONSHIP THE COMPANY’S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE THE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN THE SELLER AND THE BUYER. AT NO POINT OF TIME SHALL THE COMPANY HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL THE COMPANY HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
THE COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, SELLERS OR ANY SUCH THIRD PARTIES, OR THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILITY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER’S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE COMPANY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND THE COMPANY SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR THE SERVICE AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
THE COMPANY IS IN NO WAY RESPONSIBLE OR LIABLE FOR THE OFFER FOR SALE OR SALE OF THE PRODUCT BY THE SELLER TO THE BUYER, ITS DELIVERY, THE WARRANTY TERMS (IF ANY) RELATED TO THE PRODUCT AND THE RETURN, REFUND OR CANCELLATION OF PURCHASE OF ANY PRODUCTS.
THE COMPANY DOES NOT WARRANT THAT THE SALE PRICE PROVIDED BY THE SELLER OF THE PRODUCT IS ACCURATE, PROPER AND VALID. ANY ERROR IN THE SALE PRICE SHALL BE SOLELY ATTRIBUTED TO THE SELLER AND NOT THE COMPANY. PRICES, PRODUCT DESCRIPTION AND AVAILABILITY OF THE PRODUCT ARE SELLER'S RESPONSIBILITY.
BUYER EXPRESSLY ACKNOWLEDGES THAT THE SELLER SELLING THE DEFECTIVE PRODUCT WILL BE RESPONSIBLE TO BUYER FOR ANY CLAIMS THAT BUYER MAY HAVE IN RELATION TO SUCH DEFECTIVE PRODUCT AND LIVEPURE THE COMPANY SHALL NOT IN ANY MANNER BE HELD LIABLE FOR THE SAME.
THE COMPANY SHALL NOT ASSUME ANY LIABILITY FOR THE NON-AVAILABILITY OF THE PRODUCT, DELIVERY OF THE PRODUCT DIRECTLY BY THE SELLER AND THE INSTALLATION OF THE PRODUCT WHERE REQUIRED.
THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DEFECTS IN THE PRODUCTS SOLD BY THE SELLER USING THE WEBSITE. HOWEVER, THE COMPANY SHALL FACILITATE RESOLUTION OF DISPUTES THAT MAY ARISE BETWEEN THE BUYERS AND SELLERS PURSUANT TO THEIR TRANSACTIONS WITH EACH OTHER ON THE WEBSITE.
GOVERNING LAW AND JURISDICTION The Seller and Buyer agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between the Buyer, Seller or the Company shall be subject to the exclusive jurisdiction of the courts at Noida, Uttar Pradesh Delhi , India.
NO LIABILITY FOR LOSSES ETC. The Seller will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or waster expenditure) or any other indirect or consequential loss that is not reasonably forseeable foreseeable to both the Seller and Buyer when a contract for sale of goods was formed.
MISCELLANEOUSEvents Beyond Reasonable Control (Force Majeure). The Seller will not be responsible for any delay or failure to comply with these Terms of Sale or the additional policies if the delay or failure arises from any event which is beyond the Seller’s reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the additional policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the additional policies shall continue to have effect and the Buyer / Seller will still be bound by them.
Privacy. The Seller shall keep confidential detail of all personal information such as name, contact details etc. of the Buyer. The Seller shall not use any personal information or other details of the Buyer except for the purpose of fulfilling the order placed by the Buyer.
Notices and other communications. The Buyer will be required to provide a valid phone number and e-mail at the time of placing the order. The Company or the Seller may communicate with the Buyer by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. The Buyer hereby consents to receive all notices and communications by the modes mentioned herein. The Buyer shall are be required to use only the specific email id / phone number given by it at the time of placement of the order for communications with the Seller.
