Terms & Conditions
1. Offer and Acceptance of the Product
1.1The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. Jasper Infotech is not a third party beneficiary under such bipartite contract. 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 Seller and Buyer understand and agree that Jasper Infotech has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between Jasper Infotech on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
2. Product(s)
2.1Snapdeal 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@snapdeal.com. 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, Seller may cancel or instruct Jasper Infotech to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Jasper Infotech. 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. Jasper Infotech shall have the sole discretion to determine the mode of reversal from the above options.2.3.With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
Seller 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
3.1The 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 Seller 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.3.2All prices are inclusive of VAT 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 by Seller 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 Seller for such non-acceptance and shall further be liable to Jasper Infotech for any loss of any fee or charges that Jasper Infotech 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 Jasper Infotech 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 TrustPay Policy available at ................. Both Buyer and Seller agree to this TrustPay 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 by Seller, 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. Jasper Infotech shall have
the sole discretion to determine the mode of reversal from the above options
.5.5 Buyer agrees that if the returned Product is not accepted by the Seller then Jasper Infotech 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 the Seller) to any third party to whom those Products are sold.
6. Cancellation of transaction / orders
6.1 Cancellation by Seller:
There may be certain orders that Seller is unable to accept and has the right to
cancel either by the Seller directly or Seller can instruct Jasper Infotech to
cancel such order. Seller 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 the Seller or to Jasper
Infotech. 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. Jasper Infotech shall have the sole discretion
to determine the mode of reversal from the above options. In the event a
promotional code given by Jasper Infotech is used for the purchase of the
Product, the amount under such promotional code shall not be refunded in case of
cancellation of order. The above is the sole remedy of the Buyer and the sole
liability of the Seller and sole responsibility of Jasper Infotech for any
cancellation of the purchase order by the Seller or otherwise other than by the
Buyer.
6.2 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 Jasper Infotech in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Japer Infotech 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.