Term n Conditions
- Terms and conditions:-
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 THERE UNDER 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 CUSTOMER AND COMPANY WHERE THE COMPANY HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND CUSTOMER HAS ACCEPTED SUCH OFFER OF THE COMPANY BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE COMPANY UPON COMPANY’S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE CUSTOMER UPON CUSTOMER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE COMPANY.
In these Terms of Sale, a Customer (whether guest Customer or registered Customer) who purchase various Products (as defined below) from the Company on the website located at the URL www.bigcart.co. These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Customer and the purchase of goods and services (“Products”) through the Website from the Company. These Terms of Sale also contains certain statements and disclaimers, which shall be binding on Customer and Company, as the case may be.
Customer means the individual or organization who buys or agrees to buy the Goods and/or Services from the SKY ENTERPRISES and it includes term “Customer”; Contract” means the contract between the SKY ENTERPRISES and the Customer for the purchase of Goods and/or Services incorporating these Terms and Conditions; Goods” means the articles/products that the Customer agrees to buy from the SKY ENTERPRISES.
- Offer and Acceptance of the Product
- Delivery of the Product
There are various delivery models for delivery of purchased Product to the Customer, as decided by the Company. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Company and not on the Customer. Company represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Company on the Website and purchased by the Customer and meet all descriptions and specifications as provided on the Website.
Customer’s shipping address, pin code will be verified with the database of Website before a Customer proceed to pay for Customer’s purchase. In the event Customer’s order is not serviceable by logistic service providers or by Company or the delivery address is not located in an area that is covered under the order confirmation form, Customer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Company.
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 Customer and the Company for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Customer unless the Customer makes the payment of the purchase of Product.
Customer shall be bound to take delivery of the Products purchased by the Customer that are said to be in a deliverable state. Where Customer neglects or refuses to accept the delivery of the Products ordered by the Customer then requisite charges of paid amount will be deducted.
The title in the Products and other rights and interest in the Products shall directly pass on to the Customer from Company upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Customer is deemed to have accepted the Products. The risk of loss shall pass on to the Customer upon delivery of Product.
- Return Policy for Products
Before accepting delivery of any Product, the Customer shall reasonably ensure that the Product’s packaging is not damaged or tampered. In case customer found the product’s packaging is damaged or tampered than customer have to inform about this to the company within next 24 hours through email to the company and accordingly company will process his return of products.
- Cancellation of transaction / orders
Cancellation by Company: There may be certain orders that Company is unable to accept and has the right to cancel by the Company. Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Customer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Customer or inaccuracies or errors in pricing information. Company may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Customer and without any liability to the Company or to Company. If Customer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Customer either to the bank account provided by the Customer for such reversal, or to the payment instrument of the Customer from which payment was made, or to any pre-paid payment instrument account of the Customer. Company shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Company 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 Customer and the sole liability of the Company and sole responsibility of Company for any cancellation of the purchase order by the Company or otherwise other than by the Customer.
Cancellation by the Customer: In case of requests for order cancellations, Company reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Company receives a cancellation notice and the order has not been processed, Company may cancel the order and refund the entire amount to Customer within a reasonable period of time. Company will not be able to cancel orders that have already been processed by the Company. Customer agrees not to dispute the decision made by Company and accept Company’s decision regarding the cancellation.
SKY ENTERPRISES 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”). Any incomplete or improperly filled out document may not be considered. With respect to the sale of Product by Company to the Customer, the Company hereby represents and warrants to the Customer that:
Company has the right to sell the Products to the Customer on or through the Website;
Customer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Company of the Product;
Product shall meet the description and specifications as provided on the Website.
MN, through the Website deals different brands products and also makes available of variety of branded goods/products and merchandise at an agreed price to Customer. Purchase of such products will be subject to the Terms & conditions of offer for sale and such other additional terms, if any, as specified. SKY ENTERPRISES offers shipping for all the products on the Website as per the company’s policy, which may be changed by SKY ENTERPRISES without any notice to Customer. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. 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 Customer purchase any electronic product/s, SKY ENTERPRISES shall not be liable for any fault arising from these electronic product/s. Customer are requested to visit the nearest service station as per Customer manual, if any.
SKY ENTERPRISES try their best to provide best price in the market and strives to provide Customer with the best prices possible on products and services Customer buy or avail of from the Website. However, SKY ENTERPRISES does not guarantee that the price will be the lowest in the market, region or geography. Prices and availability are subject to change without notice or any consequential liability to Customer. While SKY ENTERPRISES 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, SKY ENTERPRISES may, at its discretion, either contact Customer for instructions or cancel your order and notify Customer of such cancellation. SKY ENTERPRISES will have the right to modify the price of the product or service and contact Customer for further instructions via e-mail address provided by Customer at the time of registration, or cancel the order and notify Customer of such cancellation. If SKY ENTERPRISES cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.
All orders for Goods and/or Services shall be deemed to be an offer by the Customer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the. SKY ENTERPRISES may choose not to accept an order for any reason. Where the Goods ordered by the Customer are not available from stock, the Customer shall be notified and given the option to either wait until the Goods are available from stock or replace the order with another product which is available with the company or cancel the order and receive a refund after deduction of requisite charges within 15-20 days.
Your shipping address, pin code will be verified with the database of SKY ENTERPRISES before Customer 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 Customer 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 SKY ENTERPRISES, in such cases SKY ENTERPRISES will not be responsible for the non-delivery of the product. SKY ENTERPRISES doesn’t deliver items internationally. However, Customer can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.
In case Customer book multiple order for the Products and Services in one transaction, SKY ENTERPRISES would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If Customer purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by Customer. If Customer wish to ship Products to different addresses, then Customer should book the orders separately based on the delivery addresses.
Products will be delivered within 5-7 working days from the date of order.
- Return Policy
SKY ENTERPRISES is very lenient in their return policy. In the event Customer receive a damaged / defective product or a product that does not comply with the specifications as per your original order, Customer are required to get in touch with the customer service team through call or email within next 7 to 10 days after receiving delivery of product. . Upon receiving your complaint, SKY ENTERPRISES shall verify the authenticity and the nature of the complaint and if SKY ENTERPRISES is convinced that the complaint is genuine, SKY ENTERPRISES will takes necessary action as required. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, SKY ENTERPRISES reserves the right to take necessary legal actions against customer and customer will be solely liable for all costs incurred by SKY ENTERPRISES in this regard. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If Customer observe that the package is damaged or tampered, request Customer to refuse to accept delivery and inform SKY ENTERPRISES at the earliest. The return process of the product may be restricted by SKY ENTERPRISES depending on the nature and category of the product. SKY ENTERPRISES will provide exchange/return of products after receiving the product from the customer in next 20-25 working days from the date of receipt of returned/exchanged product. SKY ENTERPRISES will arrange pick-up of the damaged/defective product through its own logistics partner. In the event SKY ENTERPRISES is unable to do so, SKY ENTERPRISES will notify Customer regarding the same and Customer will be required to dispatch the product using a reputed courier in Customer respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with SKY ENTERPRISES; Products shall be returned in their original packaging along with the original price tags, labels, bar codes, Customer manual, warranty card and invoices etc.; It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit; The returned products are subject to verification and checks by SKY ENTERPRISES in order to determine the legitimacy of the complaint/ return In the event the return of a product is duly accepted by SKY ENTERPRISES , the value of such product, as originally paid by Customer during acceptance of delivery of product or otherwise, will be credited to your account with website and Customer may purchase any other products from amount credited. Credit will be subject to the following: If the product can be repaired by the service center, SKY ENTERPRISES would get the same repaired and send it back to Customer. A promo code (if any), once used shall not be refunded in case of cancellation of order either by customer or SKY ENTERPRISES. It is also pertinent to mention here that, if customer do not make any request during the prescribed period of in the return policy of the company then company is not entitled for any return and refund to the said customer.
Cancellation by SKY ENTERPRISES: There may be certain orders that SKY ENTERPRISES is unable to accept and must cancel. SKY ENTERPRISES reserves the right, at SKY ENTERPRISES’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 Customer, non-availability of the service, inaccuracies or errors in pricing information, or problems identified by SKY ENTERPRISES’s credit and fraud avoidance department. SKY ENTERPRISES may also require additional verifications or information before accepting any order. SKY ENTERPRISES will contact Customer 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 (if any), once used shall not be refunded in case of cancellation of order either by Customer or SKY ENTERPRISES. Cancellation by the Customer: In case of requests for order cancellations, SKY ENTERPRISES reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if SKY ENTERPRISES receives a cancellation notice and the order has not been processed/ approved by SKY ENTERPRISES, SKY ENTERPRISES shall cancel the order and refund the entire amount to Customer within a reasonable period of time. SKY ENTERPRISES will not be able to cancel orders that have already been processed. SKY ENTERPRISES has the full right to decide whether an order has been processed or not. Customer agree not to dispute the decision made by SKY ENTERPRISES and accept SKY ENTERPRISES’s decision regarding the cancellation.
In case customer is not satisfied with the product then he can make a request to the company for refund of the amount whatsoever he paid to the company through his email id on the official email id of the company. The customer will narrate to the company through email about the reason of his request for refund, Company will go through the request and only after satisfying itself , company will refund the amount to the customer after deducting the requisite charges whatsoever borne by company in the said transaction within 10-15 days from date of request.
- Force Majeure
SKY ENTERPRISES online shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, etc.
- Indemnification and Limitation of Liability
Customer agree to indemnify, defend and hold harmless SKY ENTERPRISES 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 SKY ENTERPRISES 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 Customer pursuant to these Terms & conditions of offer for sale or any Additional Terms applicable to the purchase of products and services on the Website.
In no event shall SKY ENTERPRISES, its officers, employees, partners etc. be liable to Customer, the 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 SKY ENTERPRISES 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, SKY ENTERPRISES’s entire liability to Customer under this Terms & conditions of offer for sale or otherwise shall be the refund of the money charged from Customer for any specific Voucher or product or service, under which the unlikely liability arises.
- Governing Law
These Terms & conditions of offer for sale and the relationship between Customer and SKY ENTERPRISES shall be governed in accordance with the laws of India without reference to conflict of laws principles.
Customer agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms & conditions of offer for sale or any transactions entered into on or through the Website or the relationship between Customer and SKY ENTERPRISES shall be subject to the exclusive jurisdiction of the courts at New Delhi and Customer hereby accede to and accept the jurisdiction of such courts.
SKY ENTERPRISES does not control endorse or accept responsibility for any product or services offered. SKY ENTERPRISES makes no representations or warranties whatsoever about, and shall not be liable for, any third parties, their products or services, including representations relating to non-infringement of third party intellectual property rights. Any transactions that Customer may have with such third parties are at your own risk. The products shall be subject to terms & conditions for warranty, service and maintenance and SKY ENTERPRISES does not accept any responsibility for the same. SKY ENTERPRISES also does not accept any responsibility for the usage of the products by Customer.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
PLEASE READ THE TERMS & CONDITIONS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY CUSTOMER THROUGH THE WEBSITE OF THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS & CONDITIONS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF CUSTOMER DO NOT AGREE WITH THE TERMS & CONDITIONS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
ALL TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY CUSTOMER.