Terms Of Offer For Sale
Last updated on January 15, 2016
These terms of offer for sale ("Terms of Offer For Sale") between Erto Impex Private Limited d/b/a Babumoshay (hereinafter referred to as "Erto Impex" or "Babumoshay") and the users of the Website ("You" or "Your" or "Yourself" or "User") describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons ("Voucher/s") or otherwise on the Website, www.Babumoshay.com ("Website").
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.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
- The Website is a platform that facilitates the online sale and purchase of branded merchandise and services ("Services") offered by Babumoshay's various affiliates/ registered merchants/ vendors/ service providers ("Vendor/s"). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website.
- You acknowledge that Babumoshay has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Babumoshay may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Babumoshay may make to the Services. You agree that Babumoshay shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
- Babumoshay will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer For Sale and such other terms, if any, as specified by the Vendor.
- Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don't redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected such as restaurants, spa, salon & wellness, footwear etc. and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
- On making payment for the Voucher through any mode, including cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise.
- Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.
- You agree that neither Babumoshay nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
- Babumoshay, through the Website also makes available of variety of branded products and merchandise 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.
- Babumoshay offers SHIPPING for all the products on the Website as per the company's policy, which may be changed by Babumoshay without any notice to You. Octroi charges, wherever applicable, is borne and paid by the Babumoshay and not to be borne by User.
- All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
- The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
- In the event You purchase any electronic product/s from the Vendors, Babumoshay shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, Babumoshay shall recall the product/s upon your request and send it to the service station on Your behalf. The personnel of service station shall directly get in touch with You for the cost incurred.
- You should take all responsibility for your own actions in utilizing the services purchased by You and Babumoshay shall not be liable for any such action.
- You represents that You are of legal age to form a binding contract with Babumoshay and are not a person barred from receiving services under the laws as applicable in India.
- You confirm that Babumoshay shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
- Babumoshay does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Babumoshay.
5. Pricing Information
- Babumoshay strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Babumoshay does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
- While Babumoshay strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Babumoshay may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Babumoshay will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Babumoshay cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
6. Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. 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. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Babumoshay expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
7. Delivery of the Product
Your shipping address, pin code will be verified with the database of Babumoshay before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Babumoshay, in such cases Babumoshay will not be responsible for the non-delivery of the product. Babumoshay doesn't deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.And if products to sent internationally will be as per govt. policies and any expenses like duty,freight will be charge extra.
In case You book multiple order for the Products and Services in one transaction, Babumoshay would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.
- Cancellation by Babumoshay: There may be certain orders that Babumoshay is unable to accept and must cancel. Babumoshay reserves the right, at Babumoshay's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Babumoshay's credit and fraud avoidance department. Babumoshay may also require additional verifications or information before accepting any order. Babumoshay will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Babumoshay.
- Cancellation by the User: In case of requests for order cancellations, Babumoshay reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Babumoshay receives a cancellation notice and the order has not been processed/ approved by Babumoshay, Babumoshay shall cancel the order and refund the entire amount to You within a reasonable period of time. Babumoshay will not be able to cancel orders that have already been processed. Babumoshay has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Babumoshay and accept Babumoshay's decision regarding the cancellation.
- Babumoshay reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Babumoshay as per certain criteria. Any Babumoshay Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
9. Failure to Sell by the Vendor
Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Babumoshay will not be held liable for failure of the Vendor to make available any product or service therein.
- BABUMOSHAY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. BABUMOSHAY MAKES NO REPRESENTATIONS 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 BABUMOSHAY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. BABUMOSHAY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
- BABUMOSHAY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND BABUMOSHAY SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
- Babumoshay does not accept any responsibility of any type for any product or services beyond specified on site no specification means no warranty.
11. Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless Babumoshay from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Babumoshay that arise out of, result from, or may be payable by virtue of, any breach of any 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 Babumoshay, its officers, directors, employees, partners or vendors be liable to You, the Vendor or 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 Babumoshay has 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 purchase of the products and services herein. Notwithstanding anything to contrary, Babumoshay's 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 Voucher or product or service, under which the unlikely liability arises.
- Babumoshay shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
12. Governing Law
- These Terms of Offer For Sale and the relationship between You and Babumoshay shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- 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 on or through the Website or the relationship between You and Babumoshay shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
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