These
Terms of Sale are subject to revision at any time and hence both Buyers and
Sellers are requested to carefully read these Terms of Sale from time to time
before listing any Product or before making any purchase of the Products. The
revised Terms of Sale shall be made available on the Website. If such a
facility is provided, You may determine when these Terms of Sale were last
modified by referring to the "Last Updated" legend provided above.
You are requested to regularly visit
the Website to view the most current Terms of Sale. It shall be Your
responsibility to check these Terms of Sale periodically for changes and Buyer
should also check Additional Terms of
Sale
of the Seller on the Product listing. You may be asked to provide Your specific
consent to any updates in a specified manner before any further use of the
Website and related services. If no separate consent is sought, Your continued
use of the Website following such changes and modifications to the Website or
these Terms of Sale will constitute Your acceptance of such changes or
modifications.
1. Offer and Acceptance of the Product
·
1.1
The 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. Yelahanka Mall 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 Yelahanka Mall 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 Yelahanka Mall 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)
·
2.1
Yelahanka Mall also respects the intellectual
property rights of all entities. If you believe that your intellectual property
rights have been violated in any manner, please Contact us.
·
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 Yelahanka Mall to cancel such purchase
transaction without any recourse to Buyer and without any liability to the
Seller or to Yelahanka Mall. 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. Yelahanka Mall 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 favour 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. Delivery of the Product
· 3.1
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.
· 3.2
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.
· 3.3
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.
· 3.4.
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 Yelahanka Mall for any loss of any fee or charges
that Yelahanka Mall 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 Yelahanka Mall and its third parties are not
consequential or indirect.
· 3.5.
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.
4. Return Policy for Products
· 4.1
Before accepting delivery of any Product, the Buyer
shall reasonably ensure that the Product's packaging is not damaged or
tampered.
· 4.2
At the time of delivery of the product, the
delivery boy can wait for some time. Mean while the buyer can open the parcel
and check the product’s condition, colour and size and if the buyer is not
satisfied with the product, he/ she can return the product with the same delivery
boy.
· 4.3
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.
· 4.4
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. Yelahanka Mall shall have the sole discretion
to determine the mode of reversal from the above options.
· 4.5
Buyer agrees that if the returned Product is not
accepted by the Seller then Yelahanka Mall 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.