referred herein as SVPSL website - Smart Value

Apr 1, 2017 ... In these Terms of Sale, an IBA; who desirous to purchase Products from the SVPSL on the website located at the URL www.smartdirect.in ...
5 downloads 498 Views 1MB Size
Download PDF
Love PNG Images
Last Updated/Modified/Amended as on the date of 01.04.2017

TERMS OF SALE

WHEREAS i.

ii.

iii.

iv.

v.

vi.

vii.

viii.

This Terms of Sale is located at the URL www.smartdirect.in , (referred herein as SVPSL website) is a legally enforceable contract between Smart Value Products And Services Limited (hereinafter referred to as "SVPSL" or "We" or "Us" or "Our") and the visitors or user of the website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") who wish to purchase the products as offered on this website by SVPSL; describes the terms on which SVPSL offers You the sale of various products available on Website including and such other services as are incidental and ancillary thereto ("Services"; if any). The SVPSL shall mean Smart Value Products And Services Limited (SVPSL) a Company incorporated under Companies Act 1956, having its registered office at M-17, Second Floor, Lajpat Nagar -II, New Delhi-110024. SVPSL is involved into the marketing & selling of various products varying from Educational Books & DVD’s, Health & Wellness, Lifestyle, Personal Care to Home care & Agriculture-Input etc. under the brand name of “SmartValue”/Others; exclusive owner of all contents as published, posted & broadcasted in all manner at the website i.e., www.smartdirect.in ; "You" or "Your" or "Yourself" or "User" or referred herein as applicant; desirous to purchase the products as offered on this website by SVPSL and unconditionally hereby limits their acts, deeds and others in relation to this website & as per this Terms of Sale and Privacy Policy, Terms of Use etc. as available in the website i.e., www.smartdirect.in . This Terms of Sale, Privacy Policy, Terms of Use (including Bye Laws; which includes Registration form cum Agreement, Sales & Marketing Plan, Code of Conduct, website Contents, Literature others; for the purpose of this Agreement) etc. are an electronic record(s), in the form of an electronic contract formed under information technology act, 2000 and rules made there under and all amended provisions thereto pertaining to the electronic documents / records in relation to various statutes as amended by the information technology act, 2000. This Terms of Sale, Privacy Policy, Terms of Use etc. does not require any physical, electronic or digital signature in any manner. This Terms of Sale, Privacy Policy, Terms of Use etc. document(s) are published at this website and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under Information Technology Act, 2000; which requires publishing of this Terms of Sale, Privacy Policy, Terms of Use etc. for collection, use, storage and transfer of sensitive personal data or information etc.. This Terms of Sale, Privacy Policy, Terms of Use including Bye Laws (including but not limited to price, rates, plan, commissions, product line, other Literature, material as available on the website, website contents etc.) are subject to revision/amendment/modification at any time by the SVPSL. Thus You are requested to carefully read and accept all Terms and Condition as mentioned in Terms of Sale, Privacy Policy, Terms of Use including Bye Laws from time to time. The revised Terms of Sale shall be made available on the Website at the same place. Such facility is provided, thus You have to determine when this Terms of Sale was last modified by referring to the "Last Updated" legend provided as/in header of this Terms of Sale. It shall be Your responsibility to check these Terms of Sale, Privacy Policy, Terms of Use including Bye Laws periodically for changes and acceptance respectively. You may be asked to provide Your specific consent to any update(s) in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications of to the Website or Terms of Sale, Privacy Policy, Terms of Use including Bye Laws shall constitute Your acceptance to such changes or modifications. Please read & accept this Terms of Sale, Privacy Policy, Terms of Use including Bye Laws carefully before accessing/visiting/using this website. If You do not agree Terms of Use, Privacy Policy, Terms of Sale including Bye Laws, please do not visit/access/use this website. Your use of SVPSL website constitutes Your agreement/acceptance to be bound by Terms of Use, Privacy Policy, Terms of Sale including Bye Laws. All other terms and condition mentioned anywhere in the Privacy Policy, Terms of Use, Code of conduct, Sales and Marketing Plan, Registration form cum Agreement, Website contents etc. are also applicable herein and for the sake of brevity not mentioned herein again. In case of suspicion upon any of the terms and condition of Terms of Sale, including Privacy Policy, Terms of Use & Bye Laws, SVPSL’s decision shall be final and binding upon all the parties. Acceptance of this Terms of Sale shall stands as deemed acceptance of; Terms of Sale, Privacy Policy, Terms of Use & Bye Laws. In these Terms of Sale, an IBA; who desirous to purchase Products from the SVPSL on the website located at the URL www.smartdirect.in and mobile application (if any) is referred to as "Buyer" and the SVPSL is referred to as a corporate entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer/IBA. These Terms of Sale describe, inter alia, the terms of offer for sale/sell, acceptance of offer for sale by an IBA and the purchase of goods and services ("Products") through this Website. These Terms of Sale also contains certain statements and disclaimers made by SVPSL which shall be binding on an IBA and SVPSL, as the case may be. Sometimes both IBA and SVPSL are collectively referred to as "You" with its grammatical variations and cognate expressions.

1

Last Updated/Modified/Amended as on the date of 01.04.2017

ix.

Please read these terms of sale carefully before listing any product or before purchasing any products. These terms of sale are in addition to various agreements, terms, privacy policy, terms of use and all other policies of the website. SVPSL may include additional or conflicting terms and conditions of sale in the product listing or product description as made available on the website (shall be referred as 'additional terms of sale'). If there is any conflict between these terms of sale and the additional terms of sale, the additional terms of sale shall take precedence to the extent of such conflict and in relation to that sale. if You do not agree with these terms of sale, please do not list of make any offer for sale of any products on the website and if a buyer does not agree to these terms of sale and additional terms of sale, please do not buy or attempt to buy any product listed on the website. 1.

Offer and Acceptance of the Product 1.1.

2.

The SVPSL hereby makes an offer to sale the Products listed by SVPSL on the Website and the IBA upon agreeing to purchase the Products so listed by the SVPSL hereby accepts such offer to sell by the SVPSL. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the SVPSL. SVPSL is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the SVPSL is not an absolute or an un-conditional offer. Such offer to sale by the SVPSL is subject to repudiation by the SVPSL at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The SVPSL and Buyer understand and agree that SVPSL has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the SVPSL Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between SVPSL on one hand and the SVPSL or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority (iii) others/etc.

Product(s) 2.1.

The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, SVPSL may cancel such purchase transaction without any recourse to Buyer and without any liability to the SVPSL. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer. (for more details see table 7.1). 2.2. With respect to the sale of Product by SVPSL to the Buyer, the SVPSL hereby represents and warrants to the Buyer that: 2.2.1. SVPSL has the right to sell the Products to the Buyer on or through the Website; 2.2.2. Buyer shall have and enjoy quiet possession of the Products; 2.2.3. Products shall be free from any charge or encumbrance in favor of third party; 2.2.4. Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or SVPSL of the Product; 2.2.5. Product shall meet the description and specifications as provided on the Website.

3.

Pricing Information 3.1.

3.2.

4.

The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the SVPSL. Due to technical reasons there may be errors in Selling Price which may be corrected by the SVPSL at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the SVPSL, not be a valid acceptance and such transaction can be avoided by the SVPSL. All prices are inclusive of VAT unless stated otherwise.

Delivery of the Product 4.1.

4.2.

4.3.

There are various delivery models for delivery of purchased Product to the Buyer, as decided by the SVPSL. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the SVPSL and not on the Buyer. SVPSL represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by SVPSL on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website. Buyer's shipping address; pin code will be verified with the database of Website before a Buyer proceeds to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by SVPSL or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the SVPSL. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between

2

Last Updated/Modified/Amended as on the date of 01.04.2017

4.4.

4.5.

4.6.

5.

Payments related Information 5.1.

6.

You agree to provide correct and accurate financial information, such as credit/debit card/Bank Credentials/others details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card/Bank Credentials or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card/Bank Credentials/others details or pre-paid instrument account or Bank Account or others. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy, Terms of Use. You will be solely responsible for the security and confidentiality of Your credit/debit card/Bank Credentials/others details or pre-paid instrument account, others. SVPSL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

Our Contract 6.1.

6.2.

6.3. 6.4.

7.

the Buyer and the SVPSL 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 the purchase of Product. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the SVPSL for such non-acceptance and shall further be liable to SVPSL for any loss of any fee or charges that SVPSL and its third parties shall have earned from the SVPSL if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to SVPSL and its third parties are not consequential or indirect. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from SVPSL upon delivery of such Product and upon full payment of 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. SVPSL shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the SVPSL and the installation of the Product where required.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Whilst SVPSL try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If SVPSL discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund. For more details please see table 7.1 Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Upon receiving your order a standard authorization check is carried out on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Replacement, Refund, Return kindly refers the table-attached herein as Table 7.1.

3

Last Updated/Modified/Amended as on the date of 01.04.2017

Table 7.1

STATUTORY AND REGULATORY DISCLOSURES SVPSL is duly registered company under Indian Companies Act 1956, vide corporate identification number is All days are commencing from the day of placing & payment for an order successfully.

Maximum time to submit request (In Days*) ;

Charges (if any)

*1) Cancellation of order

Same Day

NIL

Minimum resolution Time (In Days)# ; Starting from the date of submission of request successfully.

Mode of Submission Product NA

Amount Return - Mode NEFT Only

10

*2) Replacement 7 NIL VIA COURIER ONLY-PICKUP NA 10 *3) Exchange 180 100/AT BRANCH SUBMISSION NA 10 *4) Refund 45 10 % of Invoice Value AT BRANCH SUBMISSION NEFT Only 30 Read Carefully-Notes *1) Cancellation of order- SVPSL will assist you to cancel your order prior to shipping. However, if your Products are en-route or already delivered, SVPSL is unable to cancel your order. Submit your order cancellation request on the Same Day till midnight at 11:59:59 p.m. (Example- if order placed on the date of 01/01/2018 vide invoice/bill number 001X then request for cancellation of an order bearing invoice/bill number 001X may be submitted till 11:59:59 p.m. on the date of 01/01/2018). Same Day- the day on which IBA submit his/her order successfully; in all other cases the request for order cancellation will not qualify for Cancellation successfully. The amount (subject to refund) will be refunded through NEFT only. In case IBA’s NEFT facility is not activated (with the SVPSL) then such IBA has to submit his/her NEFT facility activation related self-attested documents at nearest SVPSL branch viz Cancelled Cheque or Copy of Account Pass Book or copy of Bank Statement showing IFSC Code of the Banker of IBA, Account Number & Name of the Account Holder (IBA; who placed an order; subject to cancellation). *2) Replacement- Any Product can be replaced, at no extra cost, provided it fulfils certain conditions. An IBA may request for a replacement if any of the following apply: (1) Damaged Products received (2) Products is missing any parts (3) Products received is different from what was ordered (4) Defective Products /does not work properly; including such Product (Product; as ordered/mentioned in the bill/invoice) is available in the stock of SVPSL. If such Product(s) is out of stock, Replacement request shall not be accepted & only Refund/Exchange against the ordered amount will be accepted and implemented. To submit an order replacement request; an IBA shall submit its Replacement request with the customer care department of SVPSL in prescribed time limit. Accordingly the customer care department of SVPSL shall arrange a pick-up of such products (from the delivery address only as mentioned in the order/Invoice) via courier/others. The applicant who desirous to get replacement of the ordered products; must follow replacement-scheduled (time etc.) as decided in-between Customer Care Department and an IBA. In case an IBA fails to comply / follow the replacement-schedule his/her replacement request will be terminated. *3) Exchange- In case an IBA finds the purchased products defective or not entirely to their satisfaction, such an IBA may exchange the products (with other) within 180 days from the date of order/invoice of the products by submitting the products (purchased) at nearest SVPSL Branch; only in saleable condition along with original invoice. Amount (considered for exchange) is subject to the standard deduction of Rupees one hundred only as handling charges/others. The Branch official shall direct/instruct such an IBA in relation to the Exchange-Schedule. Such an IBA is under obligation to follow the Exchange-Schedule otherwise his/her Exchange request shall be terminated. *4) Refund- In case an IBA find the purchased products defective or not entirely to their satisfaction, IBA/customer may apply for the refund within 45 days from the date of order/invoice of the products (purchased) by submitting the products at nearest SVPSL Branch; Only in saleable condition along with original invoice; Refund Amount is subject to a standard deduction of 10% as handling charges. The Branch official shall direct/instruct such an IBA in relation to the Refund-Schedule. Such an IBA is under obligation to follow the Refund -Schedule otherwise his/her Refund request shall be terminated. 5) These terms and conditions excludes and does not cover any damage, loss, malfunction, defect or other issue arising from or related to: (a) act of God, (b) negligence, (c) accident, (d) natural disasters, (e) fires, (f) lighting, (g) pollution, (h) insects or animals (i) corrosion, (j) unauthorized modification, (k) repair by any person, (l) lack of or improper maintenance or care, (m) abuse or misuse, (n) inappropriate or improper use, (o) the finish or exterior of the product, (p) use of the product with another product and/or (q) defaced or missing serial numbers etc.. 6)SVPSL's decision upon any questions related to the defects, workmanship or materials part and or parcel of the product, or on any other matter related to these Terms and Conditions , shall be final and conclusive and an IBA is hereby irrevocably agreed to abide by SVPSL's decision in all cases. 7) The Product will be at the owner's risk whilst in transit; unless transported by SVPSL or its Authorized representatives. 8) In case there is no fault found in SVPSL’s products, IBA shall pay all costs incurred including but not limited to SVPSL’s services and transportation fees. 9) All facilities of either replacement/exchange/refund are single time avail facility against an order like one-time replacement OR one-time exchange OR one-time refund is allowed against an order. Accordingly if an IBA has availed the facility of replacement OR exchange OR refund against a particular Invoice/Bill number then such an IBA can not apply for replacement OR exchange OR refund again for such order/invoice No./Bill. #

Days; all days are working/Business Days.

Refer Your Request atCustomer Care Department E-mail- [email protected] Contact Number- 1800-200-1122 & 0124 - 4784784 (Between 09:00 a.m. to 06:30 p.m., Monday to Saturday)

U50300DL2006PLC191355. This website is owned and operated by SVPSL under the domain name i.e., www.smartdirect.in SVPSL having its registered office at M-17, Second Floor Lajpat Nagar-II New Delhi South Delhi- DELHI 110024 INDIA. You may contact SVPSL: By post, using this postal address- M-17, Second Floor, Lajpat Nagar-II, South Delhi- New Delhi, Pin Code-110024; Or may contact at 1800-200-1122 & 0124 – 4784784 (Between 09:00 a.m. to 06:30 p.m., Monday to Saturday); Or may write an E-mail at [email protected].

4