Terms and Conditions

Definitions:

In these Terms:

a)      “Buyer(s)” shall mean the person or individual who has purchased the Products offered for sale by the Sellers on the Platform and is availing Logistics Services and Payment Services from us.

b)      ‘Consignee’ shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.

c)      ‘Dangerous Goods’ includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

d)      ‘Delivery Note’ shall means the Waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the Logistics Services, including name, delivery address and contact number (if applicable) of the Consignee or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).

e)      ‘Logistics Services’ means the shipping, delivery other services provided by us to you pursuant to these Terms.

f)       “Order(s)” shall mean an order placed by the Buyer(s) for purchase of Products prescribed by the Udhhyog of such Products. Each Order shall be specifically designated by a unique order number.

g)      “Order Detail(s)” shall mean the details relating to the Order including without limitation, the description of Products, cost of the Products, total amount payable, delivery date etc.

h)      “Payment Services” shall mean the services being provided by us to the User(s) on the Platform for collection of payments by us from the Buyer(s) in relation to the Order(s), through any of the following means: (i) using Payment Instruments  that enables the Buyer(s) to pay online; (ii) acceptance of Payment, via Bank Transfer through RTGS/NEFT to confirm Order(s), or (iii) in any other manner, through such payment modes as may be provided by us from time to time.

i)        ‘Platform’ means the any website and/ or mobile application whereby Seller(s) display/ list and sell their Products.

j)        “Product(s)” shall mean multiple categories of goods including but not limited to Pipe Fittings, Valves, Tools, Nut Bolts & fasteners, Industrial Hardware, Bearings, Industrial electronics etc.

k)      'Shipment(s) / Consignment(s)' means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

l)        ‘Third Party Service Provider(s)’ mean the third parties that provide Logistics Services to you. At present, the Third Party Service Provider for now is Vardhman Technologies. Shipping services provided are:

1.) Door Delivery Services
2.) Pickup form Nearest Transporter Warehouse.
 

m)    'Waybill' shall include any label that may be produced by us under automated systems, air waybill, or consignment note which shall incorporate these Terms.

I.     If you are availing the Logistics Services from us, you agree to be bound by the following terms and conditions:

1. Conditions to Provision of Logistics Services:

(a) We, in our sole discretion, reserve the right to refuse the delivery of any Shipment and/ or forfeit delivery of any Shipment without any liability thereof.

(b) We are entitled to select third party service providers (including but not limited to carriers, storage keepers, warehousing agents, stuffing agents, packers, surveyors, transporters) as independent agents for performance of the Logistics Services under these Terms and Conditions.

(c) Consignments which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.

(d) Consignments addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.

(e) We may, in our sole discretion, reject any Shipment for the provision of Logistics Services and shall return such rejected Shipment in accordance with the relevant return policy that may be notified by us, from time to time.

(f) We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.

2. Representation, warranties, and obligations:

(a) If more than one consignment is booked to the same receiver, we may club the consignment and dispatch as one consignment.

(b) We  represents and warrants that:

(i)  the Shipment(s) are properly and sufficiently prepared, packed, stowed, labelled, and/or marked;

(ii) the Shipment(s) are packed in a manner adequate to withstand normal handling or storing while transporting.

(c) The Warranty of product are from the respective Brands and the Contact Details of the same are provided on  the platform.

3. Delivery Services:

(a) Upon receiving a service order for the Logistics Services, we shall use our best endeavours to deliver the Shipment(s) to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Consignee. We will endeavour to verify the identification of the person receiving the Package at the designated delivery address and obtain the signature of such person’s signature on the Delivery Note.

(b) Every effort will be made to adhere to the delivery schedule, that may be prescribed at platform, however, the Shipment may be delayed due to circumstances beyond our reasonable control.

4. Failed Delivery or Undelivered Shipment:

(a) You acknowledge that a delivery failure (“Failed Delivery” or “Undelivered Shipment”) may occur for various reasons, including but not limited to:

1)      For Door Delivery Method:

(i) the Consignee’s name is incorrectly stated in the Delivery Note;

(ii) the delivery address is incorrectly stated in the Delivery Note;

(iii) there is no recipient available at the designated delivery address to receive the Shipment; or

(iv) the recipient refuses to receive the Shipment.

(b) In the event of a Failed Delivery due to the reasons stated in clause (1) above, we shall retain the Shipment and make a reasonable number of re-delivery attempts (as determined by us in our sole discretion) to deliver the Shipment in accordance with the RTO Policy as displayed on the Platform.

(c) In the event of Failed Delivery even after making such number of re-delivery attempts to deliver the Shipment the order will be marked “Canceled” and we will refund the payment received within 7 business days.

2)      Pickup from Nearest Transport Warehouse

(i) the Consignment need to be pickup from nearest warehouse as mentioned on the Delivery Note.

(ii) the Buyer need to print the updated delivery note duly signed by Udhhyog Delivery Officer and need to present the same at transporter warehouse for receiving the material.

(iii)i the consignment will be kept at warehouse for maximum 15 days, and after that order will be marked cancelled after receiving the material back and refund will be initiated.

5. Returns and Missing Request:

(a)            Buyer may raise a return request with respect to the following reasons of deficiency in delivery of Shipment provided by us:

(i)                 for any product quality related issues or damage/ defective products received by the Buyer

(ii)               for wrong order  received.

(iii)            

In case of missing quantity buyer should contact customer support and should raise missing request. The missing quantity will be delivered at buyer premises free of cost and the status of same will be updated to buyer on regular basis 

(b)           At the time of raising the return/missing request, Buyer will be required to provide appropriate documents/ information at the time of submission or post submission of the claim/ dispute in support of its claim. These documents/ proof may include without limitation:

·       images of the Product(s) indicating the issue in the Product/ shipment delivered. The images need to capture the following: (a) the shipping label with Order ID; (b) Order details; (c) packed shipment; (d) issue observed by you in the Product; (e) damages to the Product;

·       unboxing/ normal video clip indicating the issues in the Product/ shipment delivered. The video clip needs to capture all sides of the package, order details, shipping label, quantity of the Product, damages in the Product, IMEI number (in case of mobile phones), any tampering with the outer box etc.;

·       copy of bill/ tax invoice for the Product received.

If we require any further information or clarification from the Buyer we will contact you.

(c)            Upon internal scrutiny and verification of the claim / return request, we may either accept or reject the claim/ return request. In case we accept the claim raised by the Buyer, we will arrange for the pick-up of the Shipment (if required) that has been delivered by us. It shall be the responsibility of the Buyer to pack the Product to be returned in a manner such that the packed shipment can withstand the handling and transportation process.

If the return/missing request of the Buyer has been rejected due to the following reasons that: (a) Buyer does not respond to the inquiry calls and/or calls made by us to procure missing documentation and information; or (b) supportive documents are insufficient, or Buyer is unable to provide sufficient proof in support of the claim, Buyer may raise a new request within three (3) days from the date of such rejection.

(d)           We will initiate a refund of the order amount paid by the Buyer within forty-eight (48) banking hours, in cases where refund request is initiated under Para 5(a) which is attributable to any deficiency of service provided by us:

1.     from the time of successful pick-up of the Product from Buyer’s shop/ designated pick-up location; 

whichever is later.

(e)            Our decision with respect to settlement of the claim/ dispute shall be final and binding on the Buyer and we shall not entertain any further claims once the claim/ dispute has been settled/ resolved by us.

(f)            If the Buyer has raised a return request for any reason other than as mentioned under clause 5 (a) above and where such return request of the Buyer has been accepted , we may provide logistics services to the Buyer for returning the Products to the Seller (if requested by the Buyer). It shall be the responsibility of the Buyer to pack the Product to be returned in a manner such that the packed shipment can withstand the handling and transportation process.

(g)           We may, in our sole discretion, check the contents of the returned shipment that are picked up from the Buyer. Our check will be limited to checking that the Products which are handed over to us match the description of the Products, quantity, colour, size, and/ or brand with the Product for which return request has been raised. Buyer’s return request shall automatically stand cancelled in case the Products handed over to us do not pass the verification check. We will not entertain any further return request in case of any cancellation due to verification check. 

8. Indemnity:

You agree to indemnify, defend and hold harmless us, our affiliates and their related officers, directors, employees, agents and sub-contractors from and against all liability, loss, claims (including claims from third parties, sub-contractors or agents), damages, awards, penalties (including penalties imposed by government or regulatory authorities) or expenses (including attorney’s fees) arising out of or related to:

(i) any breach of your obligations, representations or warranties under these Terms;

(ii) any compliance of applicable law;

(iii) any claim or action by a third party in connection with any defect in title of any products;

(iv) information (whether to us or our affiliates, or their sub-contractors, agents or service providers, or government or regulatory authorities) in relation to the Shipment or otherwise pursuant to these Terms or in contemplation of the Logistics Services, that is incorrect, misleading, or erroneous;

(v) your omission to provide information or documentation required by us or any government or regulatory authorities;

(vi) any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the products;

(vii) any alleged or actual personal injury, death or property damage suffered by any party arising from the supply or sale of the Shipment to that party;

(viii) any claim by a third party or Consignee made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of products.

9. Limitation of Liability:

In no event will we be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, howsoever caused or on any theory of liability. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature or description of the Shipment; (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (g) explosion, fire, flood or storm; (h) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence

Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with the Logistics Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of INR 5000/-.

10. Taxes:

(a) We shall charge the Buyer for providing Services and unless otherwise stated, all such charges shall be exclusive of Goods and Service Tax. The charges payable for availing the Services will be displayed in the Rate Card section of the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event you continue to avail the Services from us, it shall be deemed that you have agreed to such change in charges.

(b) Octroi or any other charges levied by any central/state/local authorities wherever applicable shall be extra and Buyer shall be liable to pay the same.

(c) The charges shall be subject to applicable taxes, as per prevailing applicable laws. If TDS is required to be deducted on the payments made to us, then Buyer, as the case maybe, shall provide a proof of such TDS deduction, as per the timelines provided under the statutory laws.

11. Lien:

We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or cease providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to sell the Shipments by way of public auction or private tender without further notice. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.

 II.           If you are availing the Payment Services from us, you agree to be bound by the following terms and conditions:

1. Payment Services:

(a) In order to facilitate the purchase of Products by Buyer(s), we have (either ourselves or through third-parties) entered into arrangements with various third-party payment providers such as pre-paid cash cards, wallets, banks, or financial institutions and such other entities ("Payment Instrument(s)") as may be determined by us, in our sole discretion, which shall enable the Buyer(s) to pay for the Orders placed by the Buyer(s) on the Platform.

(b) Buyer(s) hereby agrees and acknowledges that we shall collect the payment, for the Orders placed by the Buyer(s). By availing the Payment Services, Buyer(s) authorizes us and our authorized representatives to collect the transaction amount payable for an Order from the Buyer(s).

(c) Upon placement of Order on Platform, Buyer(s) shall be able to make payment for the Order placed by the Buyer(s) for completing the transaction through one of the Payment Instruments or methods of payment prescribed by us and made available, from time to time, on the Platform.

(d) Buyer(s) hereby acknowledges that the Buyer(s) is solely responsible for the transactions / payments made to the Seller for the Products purchased by the Buyer(s). Buyer(s) hereby acknowledges that we do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer(s) or its payment instructions.

(e) We shall have the right to block your access to the Payment Services, if we in our sole discretion determine that the transaction being undertaken by you is not genuine or suspicious or fraudulent.

(f) Buyer(s) hereby consents and agrees to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider or Payment Instrument from time to time, in relation to these Payment Services.

(g) Buyer(s) hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever. Buyer(s) further acknowledges that we shall not be responsible, in any manner whatsoever, for any loss incurred by the Buyer(s) for a failed / incomplete transaction undertaken by the Buyer(s) using these Payment Services.

2. Submission of Personal Information:

(a) You agree that the personal information including without limitation name, address, contact number, credit card details (" Personal Information") that you provide on the Platform upon registration shall be made available to us by Platform operator at the time of your availing the Payment Services. You represent and warrant that, at all times, this Personal Information will be true, accurate, current and complete.

(b) You agree to maintain and update the Personal Information in case of any change and shall ensure that the Personal Information provided by you is true, accurate and complete.

(c) It is hereby clarified that we shall not be liable in any manner whatsoever for any loss or damage incurred by you or any dispute initiated by or against you, due any untrue, inaccurate, not current or incomplete Personal Information provided to us.

(d) You hereby agree, acknowledge and accept that we shall use your Personal Information in accordance with our Privacy Policy.

3. Cancellation and Refunds:

We hereby undertake and agree, that in the event of a cancellation (if applicable) or refund request being made by the Buyer(s) in accordance with the returns section of these Terms. All refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s or Seller’s account, as the case maybe based on respective banks policies.  

4. Limitation of Liability:

(a) You acknowledge that our liability with respect to the Payment Services shall be limited and shall be as per these terms and conditions.

(b) You acknowledge that the Payment Services are being provided on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. You further agree that we reserve the right to suspend the Payment Services, forthwith without assigning any reason whatsoever, at our sole discretion.

(c) You agree and confirm that the Payment Services are being provided to you on a best efforts basis with all efforts to keep these valid and subsisting. We shall not in any manner be liable to you for failure or delay in providing the Payment Services.

(d) You assume the entire risk of using the Payment Services, to the maximum extent permitted by applicable law, in no event shall we be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the Payment Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the website, whether or not foreseeable and whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Payment Services. Further, we shall not be liable to you for any temporary disablement, permanent discontinuance of the Payment Services by us or for any consequences resulting from such actions.

(e) Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with Payment Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of INR 1000/-.

 III.         Miscellaneous Clauses:

(a) You acknowledge that the Logistics Services and Payment Services are being provided to you by one or more Third Party Service Providers which are more fully described under the ‘Definitions’ clause above. You further acknowledge and agree that Platform has no role to play in the provision of Logistics Services and Payment Services by such Third Party Service Providers and you shall not hold the Platform liable for any deficiency in provision of services by such Third Party Service Providers.

(b) We shall not be liable for any loss arising due to the causes beyond our control including without limitation, act of god, floods, accidents, fire, theft, war or any other force majeure event.

(c) All matters of business should be settled exclusively within the jurisdiction of the Delhi and shall be subject to exclusive jurisdiction of courts at Delhi.

(d) These Terms shall not be assigned by you without our prior written consent. Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. We may assign or transfer these Terms for any reason to any person. Subject to the foregoing, these Terms shall bind and inure to the benefit of each party’s successors and permitted assigns.

(e) By availing the Logistics Services and Payment Services, you acknowledge and agree to be bound by Privacy Policy. You further agree and accept that we may use your personal information or any personal information that may be provided by you for the purposes of providing Logistics Services and Payment Services in accordance with the privacy policy. You will immediately notify us if you become aware of or suspects any unauthorized use or access to the user data and shall co-operate with us in investigation of such breach and the mitigation of any damage.

(f) We may modify these Terms from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform. You agree to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing these Terms as updated on the Platform.

(g) The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow you to create or assume any obligation on our behalf for any purpose whatsoever.

(h) The invalidity or unenforceability of any provision shall not affect any other part of these Terms. These Terms read along with the Privacy Policy, Undelivered Shipment Policy, and such other policies as may be communicated to you, from time to time, shall constitute the entire understanding between the parties hereto and all other agreements, understanding, acknowledgments shall be stand superseded.