Terms of Sale
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 on the Freshtech Website (“Website”) for sale and purchases of any goods and/or services (“Products”), the term, (“Vendor”) shall mean “Freshtech” and a User who purchases Products using the Website is referred to as the. “Buyer”
1.3 By listing 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 the Buyer is requested to read these Terms of Sales carefully before purchasing a Product using the Website respectively. The Buyer’s continued use of the Website following such changes and modifications to these Terms of Sale will constitute Buyer’s acceptance of such changes or modifications.
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. 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 Vendors in addition to these Terms of Sale. The details of the warranty, if any, being provided by the Vendor of the Product shall be specified on the relevant Product webpage or on the Product label.
3.2 Unless otherwise specified all payments by the Buyer shall be required to be made online. In specific cases, 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 Vendor
- e) Product shall meet the description and specifications as provided on the Website.
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 and other taxes applicable under law.
DELIVERY OF PRODUCTS
5.1 Vendor takes responsibility 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 6 (six) working days and have the same delivered within 3 (Three) to 5 (Five) 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 Buyer 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 Buyer’s 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, Buyer shall be liable to the Vendor for such non-acceptance of the Products delivered to it. The Vendor may levy and deduct such costs, damages, penalties etc. to compensate for non-acceptance of the Products delivered to Buyer 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.
6.1 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 Vendor’s Customer Care service team on their e-mail id firstname.lastname@example.org 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.
GENERAL TERMS ABOUT RELATIONSHIP WITH BUYER
7.1 The contract for sale of any of the products shall be a bipartite contract between the vendor and the buyer. 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 Vendor or Buyer
7.3 The products shall be subject to Vendor's terms and conditions for warranty, service and maintenance.
7.4 Vendor shall not assume any liability for the non-availability of the product or delivery of the product once dispatched through a third party delivery service.
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, , pandemics, epidemics, 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 labour.
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 Buyer will still be bound by them.
8.4 Notices and other communications. Buyer will be required to provide a valid phone number and e-mail at the time of placing its order with Vendor. Vendor may communicate with Buyer by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. Buyer hereby consents to receive all notices and communications from Vendor by the modes mentioned herein. Buyers are required to use only the specific email id / phone number given by them at the time of placement of the order for communications with Vendor.
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.
TERMS & CONDITIONS OF SERVICE
- Prospective Customer; meaning a person who may avail Freshtech Smart services
- Subscriber(s), meaning a prospective customer who has agreed to avail the services of Freshtech by accepting the Terms and Conditions below
- Service as provided
- The services provided by Freshtech are in accordance with the Law.
- Freshtech shall make voice calls and send transactional messages/ emails to such interested Potential Customers, informing them of the Services and activities.
- Terms and Conditions pertaining to Service
- The Subscribers have agreed to Freshtech’s Terms of Service and have registered themselves with it through online or offline means to use its Service whether by mobile application or through the website email@example.com
- The Subscribers undertake that they do not object to receiving calls, emails and messages purely transactional in nature relating to receiving information about the Service and activities regardless of DND status or being enlisted in National Customer Preference Register.
- The Subscribers undertake that specific approval is granted to Freshtech to receive calls/emails/transactional messages after receipt of a verifiable request from the Subscriber to Freshtech
- The Subscribers agree they shall be provided information through calls/ messages/e-mails or any others means permissible and may opt out at any time during such period from receiving such information
- The Subscribers agree that they shall, at least once in 180 days through calls/ messages/e-mails or any others means permissible, be informed about the procedure to opt out or subscribing from receiving such information
- The Subscriber agrees that it has been informed regarding procedure to opt out/unsubscribe from receiving such information in every advertisement wherein the details of its Services are published
- Freshtech reserves the right to exercise due diligence on the Subscribers and Prospective Customers.
- The Subscriber shall indemnify Freshtech for any loss or damage that may be caused to it or any of its directors, associates, employees, partners or personnel due to the breach of the terms and conditions contained herein.
- Other Terms and Conditions
- The Services and Terms and Conditions shall be subject to all applicable laws, rules and regulations which are in existence and which may be promulgated anytime by any statutory authority.
- No obscene, objectionable, or unauthorized content shall be included in transactional calls/messages/emails which is against public interest or national security.
- By subscribing to the Services, Subscribers agree to be bound by these terms and conditions.
- Freshtech reserves the right, at any time, without prior notice and without assigning any reason whatsoever, to add/alter/modify/change or vary these terms and conditions or to replace, wholly or in part, or to extend or withdraw it altogether.
- Any disputes arising out of the Terms & Conditions shall be subject to arbitration by a sole arbitrator to be appointed by Freshtech for this purpose. The proceedings of the arbitration shall be conducted as per the provisions of Arbitration and Conciliation Act, 1996. The place of arbitration shall be at New Delhi and language of arbitration shall be English. The existence of a dispute, if any, shall not constitute a claim against Freshtech.
- This document is an electronic record in terms of Information Technology Act, 2000, and the Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.