Terms Of Offer For Sale

Terms of Offer for Sale

 

These terms of offer for sale (“Terms of Offer For Sale”) apply to Products purchased via www.shoponline.solar. (“Website”) which is a website owned by VivMajor Infotech Private Limited, a company incorporated under the Companies Act, 2013 by the users of the website (“You or Your” or “Yourself” or “User” or “Buyer”).

Please read the terms of offer for sale carefully before purchasing any products or availing any services on the website. Any purchase made by you through the website of the products / services shall signify your acceptance of the terms of offer for sale and your agreement to be legally bound by the same.

In addition to the foregoing, you shall be bound by the terms & conditions of the website, terms of offer for sale issued by the vendor or additional service which are displayed with the selection of the product, if any (“Additional Terms”) at the website. If there is any conflict between the terms of offer for sale and the additional terms, the terms of offer for sale shall take precedence in relation to that sale.

IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

  1. Business

 

  • The Website is a platform that facilitates the online sale and purchase of merchandise (“Products”) offered by various affiliates / registered merchants/ vendors / service providers (“Vendor/s”). The Vendors are the sellers of Products and services and will be solely responsible for the Products purchased by You through the Website. Title to the Products will pass directly from the Vendors to You.

 

  • You acknowledge that the Website has the right to change or discontinue any Products at any time and without notice. You further acknowledge that Website may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Website may make to the Products. You agree that the Website shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Products.

 

  1. Product

 

  • The Website makes available the Products at an agreed price to You. Purchase of such Products will be subject to the Terms of Offer for Sale and such other Additional Terms, if any, as specified by the Vendor.

 

  • The delivery of the Products offered for sale on the Website will be carried out by the respective Vendors and sellers.

 

  • All the Products offered for sale on the Website are governed by the warranties provided by the respective Vendors.

 

  • The MRP and other statutory declarations shall be mentioned on the Products and on the packaging in accordance with the applicable laws.

 

  1. Terms of Use

 

  • You should take all responsibility for your own actions in utilizing the Products and the Website shall not be liable for any such actions.

 

  • You represent that You are of legal age to form a binding contract with the Website and are not a person barred from receiving Products under the applicable laws of India.

 

  • You confirm that the Website shall not be responsible for any deficiency in payment of consideration towards the Products and merchandise purchased from the Website.

 

  1. Pricing & Product Availability

 

  • To the best of its effort and knowledge, the Website shall endeavor to list accurate information in relation to the availability and price of Products sold on the Website.

 

  • Notwithstanding anything contained in Clause 4.1 above, the pricing and availability information may contain inadvertent typographical and other errors. In the event a Product is listed at an incorrect price or the information pertaining to the availability of a Product is incorrect, then the Website may at its sole discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. If the Website cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made within 15 working days.

 

  • All prices are listed in INR. The price as displayed, is inclusive of all taxes at the appropriate rate subject to the applicable law.

 

  • The Product(s) in your shopping cart will always reflect the most recent price displayed on the Product(s) detail page. Notwithstanding the same, the price at the time of processing the purchase request may differ from the price shown for the Product when the Product was placed in the shopping cart.

 

  1. Payment Processing

 

  • You understand, accept and agree that the payment facility provided by the Website is neither banking nor financial services in nature, but is merely a facilitator providing an electronic and automated online electronic payment gateway for the transaction pertaining to purchase of Product(s) and merchandises on Website using the existing authorized banking infrastructure and credit/debit card payment gateway networks. Further, by providing payment facilities, the website is neither acting as a trustee nor is acting in fiduciary capacity with respect to the transaction executed or the price of the Product(s) purchased, by You.

 

  • You agree to provide correct and accurate credit/debit/cash card details to the approved payment gateway for availing Products. You shall not use the credit/debit/cash card which is not lawfully owned by You i.e. in any transaction You must use Your own credit/debit/cash card. All valid credit/debit/cash cards and other payment instruments are processed using an online electronic payment gateway or appropriate payment system infrastructure and the same will be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.

 

  • The Website reserves the right to refuse to process the transactions with Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyers with the Website or breach/violation of any law or any charges imposed by the issuing bank or breach of any policy.

 

  • The Website may delay in notifying the payment confirmation i.e. informing the Vendor to dispatch, if the Website deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and the payment received for the Product pertaining to such transaction. In addition, the Website may at its sole and absolute discretion shall hold the payment and the Website may not inform the Vendor to dispatch or remit the payment received for the Product to law enforcement officials (instead of refunding the same to the Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

  • The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or as required under the applicable law.

 

  • You will be solely responsible for the security and confidentiality of Your credit/debit/cash cards. The Website expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit/cash cards.

 

  1. Delivery Policy

 

  • You understand that the Website is merely an online facilitator for the sale of Products and the delivery of the Product will be carried out by the respective Vendor(s).

 

  • Delivery of Product(s) is subject to the serviceable area restrictions as stipulated by the respective Vendor(s) in the Products detail page

 

  • Subject to Clause 6.2 above, You understand that the Website does not currently facilitate the delivery of the Product(s) internationally. However, you can make purchase on the Website from anywhere in the world but at the same time ensuring the shipping address is within India.

 

  • In order to facilitate the timely delivery of Your Products, You are required to provide the correct and complete address details prior to proceeding for payment of the Product. In the event, Your order is not serviceable by the respective Vendor(s) or the area is not covered, we request You to provide us with an alternate shipping address in order to effectively facilitate the shipping of the Product.

 

  • Upon successful processing of your transaction request and upon dispatch of your Product(s), an automated system generated e-mail will be sent to You providing the contact details of the respective Vendor(s) and tracking details of Your Product as provided to us by the respective Vendor(s).

 

  • The Website is not responsible for the non-delivery of the Product. The Website will not be held liable if the delivery is made to an incorrect address either, due to the address details provided by You being incorrect; or the delivery being made at an incorrect address arising due to the fault or negligence of the Vendor(s) or their agents.

 

  • In the event, You order multiple Product(s) sold by different Vendor(s) as part of the same transaction, the delivery of the Product will be carried out independently by the respective Vendor(s).

 

  • In the event, You order multiple Product(s) as part of the same transaction and require them to be shipped to different addresses, then in such cases, You would be required to place orders for such Product(s) separately based on the delivery addresses.

 

  1. Return Policy for Product(s)

 

  • In the event You receive a damaged / defective Product(s) or the Product(s) does not comply with the specification as per Your original order. You are required to get in touch with the customer care team through any of the below mentioned channels:
  1. Customer Care Call Centre – []
  2. E-mail us at cu**********@sh********.solar

 

  • Upon receiving Your complaint, the Website shall inform the relevant Vendor of such complaint and request the Vendor to provide for replacement of the Product. However, in the event of a frivolous and baseless complaints regarding the quality and content of the Product(s), the Website reserves the right to take necessary legal actions against You at the appropriate legal forum and You will be solely liable for all costs incurred by the Website in this regard.

 

  • You expressly acknowledge that the Vendor selling the defective/damaged Product(s) will be solely liable and responsible to You for any claims that You may have in relation to such defective or damaged Product(s) and the Website shall not in any manner be held liable or responsible for the same.

 

  • Before accepting shipment of any Product(s), kindly ensure that the Product(s) packaging is not damaged or tampered with in any manner. If You observe that the package is damaged or tampered, the Website requires You to inform it in the manner stipulated under Clause 7.1 above, and requests You to not accept the delivery of the Product.

 

  • In order to return any Product(s) purchased by You through the Website only for reasons stipulated in Clause 7.1, You are required to comply with the below mentioned conditions, viz:
  1. You are required to notify the Website in the manner stipulated under Clause 7.1 above, within a period of 48 hours of delivery of the Product to You.
  2. You are required to provide the reason for returning the Product, either due to a defect, damage or wrong specifications of the Product ordered through the Website.
  3. If You are unable to do so within 48 hours, the Website shall not be liable for the failure of the Vendor to replace the Product.
  4. The Products should be in an unused condition.
  5. The Website shall provide written intimation to the Vendor to pick-up the damaged/defective Products.
  6. The Product(s) should be returned in their original packaging along with the original price tags, labels, barcodes, user manuals, warranty card and invoices, etc.
  7. It is advised that the Products returned should be adequately packaged so that there is no further damage of Products during transit.
  8. The returned Product(s) are subject to verification by the Vendor in order to determine the legitimacy of the complaint.

 

  1. Cancellation of Order

 

  • Cancellation by the Website: In the event the Website is unable to process any order for any reason whatsoever including without limitation, non-availability of the Product(s) or quantities ordered by You, inaccuracies relating to Product information or errors in pricing information, then the Website reserves the right to cancel such order at its sole discretion. If the Website cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made within 21 working days.

 

  • Cancellation by the Buyer: Buyer may cancel a product within 48 hours of placing the order for the Product. In case the Buyer requests for cancellation of the order after the payment has been processed and monies have been debited from the Buyer’s credit/debit/cash card or bank account as the case may be, then the Website reserves the right to accept or reject requests for cancellation of the order for any reason whatsoever. As part of the customary market practice, if the Website receives a cancellation notice from the Buyer prior to dispatch of the Product by the Vendor, then the Website shall cancel the order and refund the amount, after deducting the payment gateway charges & transfer charges, to you within 21 working days. The Website will not be able to cancel orders wherein the Product(s) have already been dispatched by the Vendor to the Buyer.

 

  1. Disclaimer

 

  • THE WEBSITE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR PRODUCTS/SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE WEBSITE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE WEBSITE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE WEBSITE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.

 

  • THE WEBSITE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND THE WEBSITE SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT IS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PRODUCT/SERVICE DETAILS PAGE.

 

  1. Indemnification and Limitation of Liability

 

  • You agree to indemnify, defend and hold harmless the Website from and against any and all loses, liabilities, claims, damages, demands, costs and expenses (including any legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Website that arise out of, result from, or may be payable by virtue of any breach of representation, warranty, covenant, or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of Products and services on the Website.

 

  • In no event shall the Website, its officers, directors, employees, partners or Vendors be liable to You or to any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortious acts, or any other claim arising out of or in connection with Your purchase of the Products and services herein. Notwithstanding anything to the contrary, the Websites entire liability to You under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You for any specific Product or service, under which the liability arises.

 

  1. Governing Law

 

  • These Terms of Offer for Sale and the relationship between You and the Website shall be governed in accordance with the laws of India.

 

You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into or through the Website or the relationship between You and the Website shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such