Terms of Sale
1. IMPORTANT TERMS
1.1 This terms of sale (“Terms of Sale”) document 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. This Terms of Sale document does not require any physical, electronic or digital signature and it is a legally binding document between the Buyer and the Vendor.
1.2 For the purposes of this Terms of Sale document, wherever the context so requires “You” or “User” shall mean any natural or legal person who uses or accesses the Website, or purchases any goods and/or services (“Products”) on the Website. The term, “We”, “Us” , “Our” shall mean Proven Water Industries Private Limited. (“Proven”) (the “Website”) is referred to as the “Vendor” and a User who purchases Products using the Website is referred to as the. “Buyer”
1.3 By listing of the Products on the Website, the Vendor makes an offer to sell the listed Products to the Buyer and once the Buyer agrees to buy a Product, the Buyer accepts the offer to sell made by the Vendor. These Terms of Sale will be effective and binding on the Vendor upon Vendor’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 Vendor.
1.5 These Terms of Sale may be revised from time to time, therefore both the Buyer and the Vendor are requested to read these Terms of Sales carefully before purchasing or listing a Product using the Website respectively. Your continued use of the Website following such changes and modifications to these Terms of Sale will constitute Your acceptance of such changes or modifications.
2. OFFER AND ACCEPTANCE OF THE PRODUCT
2.1 The contract for sale of the Product is a bipartite contract between the Buyer and the Vendor. Proven is not a third party beneficiary under such bipartite contract. By listing the Product on the Website, the Vendor makes an offer to sell the Product to the Buyer and once the Buyer agrees to buy the Product listed by the Vendor, it accepts the offer to sell the Product made by the Vendor. The offer to sell the Product made by the Vendor is not an absolute and unconditional offer. The Vendor is entitled to repudiate the same at any time before the delivery of the Product to the Buyer without any liability or any obligation towards the Buyer.
3.1 The sale of the Products on the Website is governed by the description and specifications of the Product and the terms of warranties provided by the respective Vendors in addition to these Terms of Sale. The details of the warranty, if any, being provided by the Vendor of the Product should be specified on the relevant Product webpage or on the Product label. Proven shall not be liable to fulfil any warranty being provided by the Vendor.
3.2 Unless otherwise specified all payments by the Buyer shall be required to be made online. In specific cases, Proven/Vendor may make available other modes of payment to the Buyer. The details of such alternate modes of payment shall be made available on the Product webpage.
3.3 The stock status of all the Products is shown on the Website as ‘In Stock’ or ‘Out of Stock’. However, sometimes a Product may not be available to be delivered to the Buyer after receipt of the order from the Buyer. This may happen when multiple orders are placed on the Website simultaneously. Hence, the final order status of the Product will be reflected on the Website as ‘Order Accepted’ after confirmation of availability of the Product is received from the Vendor.
3.4 In case the Buyer’s order is cancelled for any reason after the payment has been processed, the amount received from the Buyer shall be returned, reversed or remitted back to the Buyer depending upon the mode of payment used by the Buyer to make the purchase.
3.5 As regards the sale of Product (goods) by Vendor to the Buyer, the Vendor hereby represents and warrants to the Buyer that:
a) Vendor has the right to sell the Products to the Buyer on or through the Website;
b) Buyer shall have and enjoy quiet possession of the Products;
c) Products shall be free from any charge or encumbrance in favour of third party;
d) Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Vendor of the Product;
e) Product shall meet the description and specifications as provided on the Website.
4. SELLING PRICE
4.1 The Selling Price of the Product is provided on the Website on ‘as is’ basis as provided by the Vendor and is subject to revision without notice.
4.2 Unless stated otherwise, all prices are inclusive of GST, taxes applicable under law.
5. DELIVERY OF PRODUCTS
5.1 It is the responsibility of the Vendor to package and dispatch the Products to the Buyers. The risk of any damage, loss or destruction to the Products during the course of the delivery or during transit shall be that of the Vendor.
5.2 Unless stated otherwise on the Product webpage, the delivery of the Products shall be done free of cost.
5.3 The Vendor shall make best efforts to dispatch all orders within 2 (Two) to 3 (Three) working days and have the same delivered within 2 (Two) to 4 (Four) working days after the dispatch, contingent upon the location of the delivery. Any delay in dispatch of the Product shall be communicated to the Buyer through sms/e-mail/voice call.
5.4 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 Vendor 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 purchase of the Product.
5.5 You shall be bound to accept delivery, or to ensure acceptance of delivery, of the Products upon their delivery to the shipping address. The Vendor, or the logistic service provider engaged by the Vendor will only approach Your shipping address once, for delivery of the Products, and if there is nobody available at the shipping address to take delivery of the Product at the shipping address then, You shall be liable to the Vendor for such non-acceptance of the Products delivered to You. The Vendor may levy and deduct such costs, damages, penalties etc. to compensate for non-acceptance of the Products delivered to You by the Vendor.
5.6 The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Vendor 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.
6. ORDER CANCELLATION
6.1 The Buyer can cancel any order only before dispatch of goods by the Vendor. The Buyer may cancel any order before dispatch, by getting in touch with the Customer Care service team on their Telephone number 011- 22961441 or on their e-mail id [email protected] within 48 hours of placing the order. Any payment made by the Buyer for such an order shall be refunded to the Buyer within 7(Seven) to 10(Ten) working days of receiving the request for cancellation.
6.1 The Buyer can cancel any order only before dispatch of goods by the Vendor. The Buyer may cancel any order before dispatch, by getting in touch with the Customer Care service team on their Telephone number 011-22961441 or on their e-mail id [email protected] within 48 hours of placing the order. Any payment made by the Buyer for such an order shall be refunded to the Buyer within 7(Seven) to 10(Ten) working days of receiving the request for cancellation.
7. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
7.1 Proven’s role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable the vendor 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 vendors and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between the vendor and the buyer. At no time shall Proven have any obligations or liabilities in respect of such contract nor shall Proven hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the vendor.
7.2 These terms of sale shall not amend or modify any agreements, contracts, terms or policies between the buyer or vendor on one hand and Proven on the other hand.
7.3 Proven does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by vendors accessible through the website or any linked sites. Proven makes no representations or warranties whatsoever about, and shall not be liable for, vendor or any such third parties, their products including representations relating to merchantability, 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 vendor’s terms and conditions for warranty, service and maintenance, and Proven does not accept any responsibility for the same. Proven also does not accept any responsibility for the usage of the products by the buyer.
7.4 Proven specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the vendor and Proven shall not assume any liability if the product purchased or availed by buyer from the vendor is not exactly as per specifications detailed in the purchase confirmation order.
7.5 Proven is in no way responsible or liable for the offer for sale or sale of the product by the vendor 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.
7.6 Proven does not warrant that the sale price provided by the vendor of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the vendor and not Proven. prices, product description and availability of the product are vendor’s responsibility.
7.7 Buyer expressly acknowledges that the vendor selling the defective product will be responsible to buyer for any claims that buyer may have in relation to such defective product and Proven shall not in any manner be held liable for the same.
7.8 Proven shall not assume any liability for the non-availability of the product, delivery of the product directly by the vendor and the installation of the product where required.
7.9 Proven will not be responsible for any defects in the products sold by the vendor using the website. However, Provenshall facilitate resolution of disputes that may arise between the buyers and vendors pursuant to their transactions with each other on the website.
8.1 Events beyond Reasonable Control (Force Majeure). The Vendor will not be responsible for any delay or failure to comply with these Terms of Sale or the additional policies if the delay or failure arises from any event which is beyond the Vendor’s reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
8.2 Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the additional policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the additional policies shall continue to have effect and You will still be bound by them.
8.4 Notices and other communications. You will be required to provide a valid phone number and e-mail at the time of placing Your order with Us. We may communicate with You by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. You hereby consent to receive all notices and communications from Usby the modes mentioned herein. You are required to use only the specific email id / phone number given by You at the time of placement of the order for communications with Us.
8.5 Governing Law. These Terms of Sale shall be governed in accordance with the laws of India. All disputes arising out of these Terms of Sale shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.