Terms of Sale
THESE STANDARD TERMS
OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN
ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES
MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS /
RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL
SIGNATURE.
THESE TERMS OF SALE
IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS
MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND
BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO
OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON
THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE
PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON
BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of
Sale, a User (whether guest user or registered user) who purchase various
Products (as defined below) from the Seller on the website located at the URL ( www.astroshopper.in ) and mobile application under the name and style "AstroShopper"
(the Website) is referred to as "Buyer" and the Seller is referred to
as an individual or any legal entity who list, advertise, exhibit, offers to
sell, make available, market, sale and deliver any Products through the Website
to the Buyer (referred to as "Seller"). These Terms of Sale describe,
inter alia, the terms of offer for sale/sale, acceptance of offer for sale by
Buyer and the purchase of goods and services ("Products") through the
Website from the Seller. These Terms of Sale also contains certain statements
and disclaimers made by "M/S. Tathastu SkyWhiz" (AstroShopper)
which shall be binding on Buyer, as the case may be. Sometimes are collectively
referred to as "You" with its grammatical variations and cognate
expressions.
PLEASE READ THESE TERMS
OF SALE CAREFULLY 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. ASTROSHOPPER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS
AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE
AVAILABLE ON THE WEBSITE ('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 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.
These Terms of Sale
are subject to revision at any time and hence Buyers are requested to carefully
read these Terms of Sale from time to time before listing any Product or before
making any purchase of the Products. The revised Terms of Sale shall be made
available on the Website. If such a facility is provided, You may determine
when these Terms of Sale were last modified by referring to the "Last
Updated" legend provided above.
You are requested to regularly visit the Website
to view the most current Terms of Sale. It shall be Your responsibility to
check these Terms of Sale periodically for changes and Buyer should also check
Additional Terms of Sale of the Seller on the Product listing. You may be asked
to provide Your specific consent to any updates 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 to the Website or these Terms of Sale will constitute Your
acceptance of such changes or modifications.
1. Offer and
Acceptance of the Product
·
1.1
AstroShopper hereby
makes an offer to sell the Products listed on the Website and the Buyer upon
agreeing to purchase the Products so listed by the AstroShopper hereby accepts
such offer to sell. Accordingly, the contract for sale of the Product is be a
bipartite contract between Buyer and the AstroShopper. The Buyer understands
and agrees that the offer for sale of the Product by the Seller is not an
absolute or an un-conditional offer. Such offer to sale by the Seller is
subject to repudiation by the Seller 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 Buyer understand and agree
that AstroShopper has the right to cancel any sale transaction, listing or
acceptance (i) for any reason in accordance with these Terms of Sale, Website
Terms of Use, Privacy Policy or under any contract or policy between AstroShopper
on one hand and the Buyer on the other hand, or (ii) under an order or
instruction from any statutory, quasi-judicial or judicial authority.
2. Product(s)
·
2.1
AstroShopper also
respects the intellectual property rights of all entities. If you believe that
your intellectual property rights have been violated in any manner, please fill
out and submit the Notice of Infringement of Intellectual Property Form
("IP Infringement Notice") provided in the annexure below. Please
send the duly filed out IP Infringement Notice via email to grievanceofficer@AstroShopper.in.
Any incomplete or improperly filled out document may not be considered.
·
2.2.
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, AstroShopper may cancel
such purchase transaction without any recourse to Buyer and without any
liability to AstroShopper. If Buyer's order is so cancelled, after the payment
has been processed, the said amount will be reversed / remitted to the Buyer
either to the bank account provided by the Buyer for such reversal, or to the
payment instrument of the Buyer from which payment was made, or to any pre-paid
payment instrument account of the Buyer. AstroShopper shall have the sole
discretion to determine the mode of reversal from the above options.
·
2.3.
With respect to the
sale of Product to the Buyer, AstroShopper hereby represents and warrants to the Buyer
that:
·
AstroShopper 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 favor 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.
3. Pricing
Information
·
3.1
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 Seller. Due to technical reasons there may be errors
in Selling Price which may be corrected by the AstroShopper 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, not be a valid acceptance and such
transaction can be avoided by AstroShopper.
·
3.2
All prices of
Products / Services shown on Website are inclusive of GSTIN- 09BKRPS3084C1ZQ unless stated
otherwise.
4. Delivery of the
Product
·
4.1
There are various
delivery models for delivery of purchased Product to the Buyer, as decided by
the Seller. The risk of any damage, loss or deterioration of the Products
during the course or delivery or during transit shall be on the Seller and not
on the Buyer. Seller represent and warrant that the Products being delivered
are not faulty and are exactly those Products which are listed and advertised
on the Website and purchased by the Buyer and meet all descriptions and
specifications as provided on the Website.
·
4.2
Buyer's shipping
address, pin code will be verified with the database of Website before a Buyer
proceed to pay for Buyer's purchase. In the event Buyer's order is not
serviceable by logistic service providers or by Seller 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 Seller.
·
4.3
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 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 the
purchase of Product.
·
4.4.
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 AstroShopper for
such non-acceptance and shall further be liable to AstroShopper for any loss of
any fee or charges that AstroShopper and its third parties shall have earned
from the Seller if such delivery or transaction should have been completed.
Buyer acknowledges that such damages or loss to AstroShopper and its third
parties are not consequential or indirect.
·
4.5.
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 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.
5. Return Policy for
Products
·
5.1
Buyer's Product related complainant for refund or replacement will the processed in accordance with the Return -Refund Policy available at Refund Policy. Both Buyer and Seller agree to this Return & Refund Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
·
5.2
Before accepting
delivery of any Product, the Buyer shall reasonably ensure that the Product's
packaging is not damaged or tampered.
·
5.3
The return process of
a Product may be subject to additional terms depending on the nature and
category of the Product. Any such additional terms may be specified on the
Website or be intimated by the Seller at the time of purchase of the Product.
·
5.4
In the event the return of a Product is duly accepted, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. AstroShopper shall have the sole discretion to determine the mode of reversal from the above options.
6. Cancellation of
transaction / orders
·
6.1
Cancellation by Seller: There may be certain orders that AstroShopper is unable to accept and has the right to cancel such order. AstroShopper reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to AstroShopper. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. AstroShopper shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by AstroShopper is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order.
Cancellation by the
Buyer: In case of requests for order cancellations, Seller reserves
the right to accept or reject requests for order cancellations for any reason
whatsoever. As part of usual business practice, if Seller receives a
cancellation notice and the order has not been processed, Seller may cancel the
order and refund the entire amount to Buyer within a reasonable period of time.
Seller will not be able to cancel orders that have already been processed by
the Seller. Buyer agrees not to dispute the decision made by Seller and accept
Seller's decision regarding the cancellation.
·
6.3
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by AstroShopper in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes AstroShopper to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
·
These Terms of Sale shall be governed in accordance with the
laws of India without reference to conflict of laws principles. You acknowledge
that these Terms of Sale are solely for Your benefit. It is not for the benefit
of any other person, except for Your successors and permitted assigns.
8. Disclaimer by AstroShopper
·
8.1
ASTROSHOPPER's ROLE
IS THAT OF IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE
WEBSITE 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 ASTROSHOPPER AND THE BUYER.
·
8.2
THESE TERMS OF SALE
SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN
THE BUYER ON ONE HAND AND ASTROSHOPPER ON THE OTHER HAND.
·
8.3
ASTROSHOPPER ALSO
DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
·
8.4.
AstroShopper does not
warrant that the sale price & details provided of the Product is accurate,
proper and valid.
Last updated on 16th APRIL 2020