Last updated on March 31, 2018
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 Techmart Retails on the website located at the URL www.techmartunbox.com and mobile application under the name and style “Techmart Unbox” (the Website). These Terms of Sale describe, 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 . These Terms of Sale also contains certain statements and disclaimers made by Techmart Retails which shall be binding on Buyer , as the case may be. Sometimes Buyer are collectively referred to as “You” with its grammatical variations and cognate expressions.
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 ofYou 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
Techmart Unbox 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 firstname.lastname@example.org. Any incomplete or improperly filled out document may not be considered.
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, Techmart Unbox may cancel such purchase transaction without any recourse to Buyer and without any liability to Techmart Unbox. 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. Techmart Unbox shall have the sole discretion to determine the mode of reversal from the above options.
With respect to the sale of Product to the Buyer, Techmart Unbox hereby represents and warrants to the Buyer that:
- Techmart Retails 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 of the Product;
- Product shall meet the description and specifications as provided on the Website.
3. Pricing Information
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. Due to technical reasons there may be errors in Selling Price which may be corrected by the Techmart Unbox 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 Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
All prices are inclusive of GST .
4. Delivery of the Product
There are various delivery models for delivery of purchased Product to the Buyer, as decided by Techmart Unbox. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Buyer. Techmart Unbox 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.
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 Techmart Unbox
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 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 Techmart Unbox for such non-acceptance and shall further be liable to Techmart Unbox for any loss of any fee or charges that Techmart Unbox if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Techmart Unbox 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 Techmart unbox 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
Buyer’s Product related complainant for refund or replacement will the processed in accordance with the Policy. Buyer agree to this 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.
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered. Buyer will be liable if the product received is damage.
All Product are non Returnable and non Refundable.
In the event the return of a Product is duly accepted by Techmart Unbox, 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. Techmart Unbox shall have the sole discretion to determine the mode of reversal from the above options.
Buyer agrees that if the returned Product is not accepted by the Techmart Unbox than Techmart Unbox shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from Techmart Unbox) to any third party to whom those Products are sold.
Damage products delivered are only covered if customer opt in for Damage protection by paying extra charges. While under free delivery or High priority delivery if buyer receive damage products, the Buyer will not be eligible for refund or replacement whatsoever reason. We will not be liable for any bad packaging of the product.
6. Cancellation of transaction / orders
Cancellation by Seller: There may be certain orders that Techmart Unbox is unable to accept and has the right to cancel either by directly . Techmart Unbox 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. Techmart Unbox may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer. 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. Techmart Unbox shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Techmart Unbox 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, Techmart Unbox reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, Techmart Unbox may cancel the order and refund the entire amount to Buyer within a reasonable period of time ( 10-15 business Days). Buyer agrees not to dispute the decision made by Techmart Unbox.
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.
- All Disputes subject to Haryana Jurisdiction only.
8. Disclaimer by Techmart Unbox .
TECHMART UNBOX DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. TECHMART UNBOX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE WEBSITE OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER’S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO WEBSITE’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND TECHMART UNBOX DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. TECHMART UNBOX AND TECHMART RETAILS ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
TECHMART UNBOX SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE WEBSITE AND TECHMART RETAILS SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE WEBSITE IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
Techmart Unbox is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
Techmart Unbox does not warrant that the sale price provided of the Product is accurate, proper and valid. Any error in the sale Prices, Product description and availability of the Product are not Techmart Unbox responsibility.
Buyer expressly acknowledges that the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Techmart Unbox shall not in any manner be held liable for the same.
Techmart Unbox shall not assume any liability for the non-availability of the Product, delivery of the Product directly and the installation of the Product where required.