Last Updated – 2, Nov, 2015
A user (whether guest or registered user) who purchase various Products from the Seller on the website located at the URL www.Hatwada.com and mobile application under the name and style “Hatwada” (the Website) is referred to as “Buyer” and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as “Seller”). These Vendor Terms describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services (“Products”) through the Website from the Seller. These Vendor Terms also contains certain statements and disclaimers made by Hatwada which shall be binding on Buyer and Seller, as the case may be.
These Vendor Terms are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Vendor Terms from time to time before listing any Product or before making any purchase of the Products. The revised Vendor Terms shall be made available on the Website. If such a facility is provided, You may determine when these Vendor Terms 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 Vendor Terms. It shall be Your responsibility to check these Vendor Terms periodically for changes and Buyer should also check Additional Vendor Terms 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 Vendor Terms will constitute Your acceptance of such changes or modifications.
Offer and Acceptance of the Product
All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/Sellers/brand owners (as applicable) in addition to these Vendor Terms. In the event a manufacturer/Sellers/brand owners (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by manufacturer/Sellers/brand owners (as applicable) and will be fulfilled by the manufacturer/Sellers/brand owners (as applicable).
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 Hatwada to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Hatwada. 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. Hatwada shall have the sole discretion to determine the mode of reversal from the above options.
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 favor of third party;
- Buyer shall be entitled to all the warranties and other collateral 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.
The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on ‘as is’ basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.All prices are inclusive of VAT unless stated otherwise.
Delivery of the Product
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.
Buyer’s shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer’s purchase.
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 bipartite 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.
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 Hatwada for any loss of any fee or charges that Hatwada 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 Hatwada and its third parties are not consequential or indirect.
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.
Return Policy for Products
If any product delivered to the buyer is faulty then seller will be liable for that and has to replace the product. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for replacement.
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.
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.
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. Hatwada shall have the sole discretion to determine the mode of reversal from the above options.
Buyer agrees that if the returned Product is not accepted by the Seller then Hatwada shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collateral 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.
Cancellation of transaction / orders
Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct Hatwada to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verification or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to Hatwada. 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 prepaid payment instrument account of the Buyer. Hatwada shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Hatwada 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 Buyer and the sole liability of the Seller and sole responsibility of Hatwada for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller’s decision regarding the cancellation.
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Hatwada in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Hatwada to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
These Vendor Terms shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Vendor Terms are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
8.Disclaimer by Hatwada
Hatwada’S role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase them and other incidental services to facilitate thetransactions between seller and buyer. Accordingly, the contract for sale of any products shall be bipartite contract between buyer and seller. At no time shall Hatwada have any obligations or liabilities in respect of such contract nor shall Hatwada hold ony title in the products. These rights and interest shall directly pass to the buyer from the seller.
These Vendor Terms shall not amend or modify any agreements, contracts, terms of policies between buyer and seller on one hand and Hatwada on other hand.
Hatwada does not control, endorse or accept responsibility for any product offered by sellers accessible through the website or any linked sites. Hatwada makes no representations or warranties whatsoever about, and shall not be liable for, the seller or any such third parties, their product including representations relating to merchantabiligy, fitenss of a product or a service for a paticular purpose, and and non-infringement of third party intellectual property rights. Any transactions that buyer may have with third parties are at Buyer’s Own Risk. The products shall be a subject to seller’s terms andconditions for warranty, service and maintainance, and Hatwada does not accept any responsibility for the same. Hatwada also does not accept any responsibility for the usage of products by the buyer.
Hatwada specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and Hatwada shall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchased conformation order.
Hatwada is in no way responsible or liable for the offer for sale or sale of the Product by the Seller 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.
Hatwada does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Hatwada. Prices, Product description and availability of the Product are Seller’s responsibility.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Hatwada shall not in any manner be held liable for the same.
Hatwada shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
These terms (“Vendor Terms”) is an electronic record in the form of an electronic contract fored under INFORMATION TECHNOLOGY ACT, 2000 & rules made thereunder & the amend provisiond pertaining to electronic documents/records in various statutes as amended by it. It is a legally binding document between buyer and seller where the seller has made the offer to sell the products by listing the same on Hatwada and buyer has accepted such offer of the seller by agreeing to buy the product so offered. These Vendor Terms will be effective and binding on the seller upon seller’s advertising, exhibiting and creating a listing of the product on the website and shall be effective and binding on the nuyer agreeing to purchase the products so listed by the seller.