This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
These standard terms and conditions (“Terms and Conditions”) shall govern the contractual relationship between “Retail Bazar” (hereinafter referred to as ‘the Merchant’) and the Customer(s) using/availing the website services (hereinafter also referred to as “you” or “customer”).
The domain name www.myretailbazar.com is owned by “KEYA DEB” incorporated under the Companies act 1956 having its registered office at Room/Flat No. 287, Municipal Stadium Road, P.O. Santipur, Dist. Nadia, West Bengal- 741404, India. By subscribing to or using any of services of the website, you agree that you have read, understood, accepted and are bound by the terms, regardless of how you subscribe to or use the services. This website is for online “offer and acceptance” of the products / items posted and advertised on the website. Online offer on the website are subject to change.
ACCOUNT AND REGISTRATION OBLIGATION
By using the website one shall be responsible for maintaining the confidentiality of its customer name and password and will be responsible for all activities under such customer name and password.
CONDUCT AND RULES
This agreement shall come into effect upon each visit or usage of the website or upon registration or upon providing any information on the website by the customer as well as by the merchant. Any person who is eligible to make contract under the Indian Contract Act 1872 can be a member of the website. Any legal entity can also be a member of the website. The website can refuse to transact with any customer if it comes to its knowledge that the customer is under the age of 18 years or otherwise incapacitated to contract. The customer agrees and undertakes to use the website and its services only to browse the branded products / items and designs put up by the merchant on display and to make online purchases of the same against payment of declared prices. The customer as well as the merchant shall not violate any terms and conditions of this agreement. The merchant shall have sole discretion to accept any offer from the customer to purchase a product. The merchant shall not under any situation or circumstances are liable for any delay in delivery of the purchased item. Delivery will be subject to availability in stock. The merchant accepts no obligation or responsibility for any third party carrier’s failure or delay or default or negligence in delivering the purchased items or for any loss in transit after due dispatch.
DUE DATE AND PAYMENT
The payment of the purchase price shall be due in advance upon ordering of the goods. Customer offers the possibility of payment by direct valid debit/ credit/cash card/valid bank account. All payments made against the purchases/services on the website by the customer shall be compulsorily in Indian Rupees acceptable in India. Payments will be subject to realization of amount from the concerned bank as per customer’s instructions.
ACCEPTANCE OF ORDERS AND SALE
The order placed by a customer is accepted by the merchant only after realization of the entire consideration amount displayed for such product on the website. Till the time the entire consideration is received to the account of the merchant it has no obligation to sell or deliver the desired product. All orders regardless of remittance of payment are subject to availability of the desired products / items in stock. The merchant may at its option cause the products / items to be hand-crafted after receipt of the entire consideration amount and acceptance of the order or may refuse to accept an order at any stage. In the event an order is cancelled by the merchant after the customer has remitted the consideration amount the merchant shall refund such amount to the customer without interest.
All transactions on the website and use of the services of the merchant shall be subject to true, fair and accurate disclosure of information by the customer as may be called for.
DELIVERY OF GOODS
The goods of the merchant are deemed to be delivered once they have been dispatched through a third party courier with the customer’s address given in his order for being made over to him or a person living in his household or to a neighbor, with instruction to obtain their receipt has been acknowledged in writing or electronically. The merchant will issue an invoice regarding every transaction along with the item to be delivered to the customer. The customer shall inspect the goods promptly and inform the merchant in text form (e.g. by e-mail) of any erroneous, defective, or missing articles. The amount of the shipping costs depends on the type, quantity and of the place of delivery of the goods, and is communicated together with the product prices to the website. No complaint or request will be entertained after 48 (forty-eight) hours from physical handing over of the products / items to the customer.
All items ordered through the website will be dispatched under third party transit insurance. The merchant will have sole prerogative to select the insurer / insurance company and to decide on the terms of insurance. The cost of the insurance for a particular delivery and carriage shall be paid by the customer. The merchant will have the right to claim and recover reimbursement for the cost of carriage and insurance for each consignment. The rates of carriage and insurance may vary from item to item and depending on the particular destination for any order. The merchant will not be liable for any damage, loss or deterioration during transit and the customer shall only have a right to direct its claim to the insurer. The merchant on request may provide all information and documents to assist the customer to make and substantiate its claim against the insurer.
The goods shall be considered to have a defect in quality if they have an inherent material or manufacturing defect. Minor deviations from the image shown on the Internet, for example, shall not be considered a defect. The customer’s warranty claims shall be limited to subsequent performance. Only if such subsequent performance fails, if the merchant expressly rejects such subsequent performance in text form or is unable to render such subsequent performance will the customer be entitled to his other statutory rights.
The merchant shall be liable for its acts or for the acts of the persons employed in the fulfillment of its obligations only to the limited extent of foreseeable direct damage typical in this type of contract, without guaranteeing the accuracy of any listing, posting or representation. In no event shall the website or its affiliates and service providers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the merchant, its services or this agreement.
CANCELLATION OF FRADULENT ORDER
In the event of detecting any suspicious activity, the website reserves the right to cancel all past, pending and future orders without any liability. The website also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability
The website may suspend, terminate, and block its usage or any service if it believes, in its sole and absolute discretion, that there is any breach of the terms and conditions. A member who has been suspended or blocked may not register or attempt to register with the website in any manner whatsoever until such time that such customer or merchant is reinstated by the website.
The customer shall indemnify the merchant and keep the merchant so indemnified, and shall defend and hold harmless the merchant and its members, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of any breach of the Customer Agreement or any rules and policies contained herein, or violation of any law, rules or regulations or the rights of a third party.
REVISION TO THE TERMS
The merchant reserves the right to refund, amend or modify the terms and conditions published for at any time and in any manner it feels appropriate. The revision or change in the terms shall become effective immediately on posting on this website.
This Customer Agreement and all the rules and policies contained herein and any of the usage of Website and dealings with Platform shall be governed and construed in accordance with the laws of India.
Unless otherwise specified, the materials of the merchants are presented solely for the purpose of sale in India. The website makes no representation that materials of the website are appropriate or available for use in other locations/countries other than India.
Only the courts of Kolkata shall have exclusive jurisdiction to entertain, try and determine any legal action if sought to be instituted by the customer subject to the arbitration agreement contained herein. The merchant may institute any legal action against the customer either before the competent courts of Kolkata or at the place of business/domicile of the customer as per its own prerogative and convenience.
If any dispute arises between the customer and merchant during use of the website or in making of online transaction or dealing with any matter related to this website or in relation to any activity of the merchant in connection with the validity, interpretation, implementation or alleged breach of any provision of the agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be a third party nominated by the merchant. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Kolkata. The customer’s obligations to pay for his dues arising from any transaction through this website, even if dispute arises, shall not be suspended during the arbitration proceedings but such payment shall be subject to the outcome thereof.