In this document, a User (whether guest or registered) purchasing Products (as defined below) from the Seller on the website found at the URL www.biomall.com is attributed to as "Buyer" and the "Seller" is attributed to as an individual or any legal being who lists, displays, offers to sell, markets, sells and delivers any Products through the Website to the Buyer.
1. Offer and Acceptance of the Product
The Seller hereby makes an offer to sell the Products listed by him on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts the offer. The Seller and Buyer understand and agree that Chargen Life Sciences has the right to cancel any sale transaction, listing or acceptance for
(ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.
2.1 All offers of sale of Products are ruled by the information and detailing of the Product, courses of warranties given by the respective manufacturer/Sellers/brand owners in addition to these Terms of Sale.
2.2 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 Chargen Life Sciences to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Chargen Life Sciences. Chargen Life Sciences shall have the sole responsibility to decide the mode of the reversal of the payment.
2.3 With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
(i) Buyer shall have and enjoy quiet possession of the Products.
(ii) Products shall be free from any charge or encumbrance in favor of the third party.
(iii) Buyer shall be entitled to all the warranties and other deposits applicable to the Product.
(iv) The Product shall meet the description and specifications as provided on the Website.
3. Pricing Information
3.1 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.
3.2 All prices are exclusive of VAT unless stated otherwise.
4. Delivery of the Product
4.1 The Seller guarantees that the Products being given are not faulty and meet all details and specifications provided on the Website. The liability of any damage or loss of the Products during the way or delivery or during transition shall be on the Seller and not on the Buyer.
4.2 In the event Buyer's order is not serviceable by Seller, Buyer may provide an alternate shipping address on which the Product can be delivered by the Seller.
4.3 Please note that there is no guaranteed dispatch time and any information about the dispatch time is an estimate only and should not be relied upon as such.
4.4 If 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 Chargen Life Sciences for any loss of any fee or charges that Chargen Life Sciences and its third parties shall have earned from the Seller if such delivery or transaction would have been completed.
5. Return Policy for Products
5.1 Buyer's Product related complainant for refund or replacement will the processed in accordance with the Return Policy available at https://www.biomall.in/ReturnPolicy.
5.2 The Buyer shall fairly assure that the Product's packaging is not damaged or tampered before accepting the delivery.
5.3 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.
5.4 In the event the return of a Product is properly accepted by Seller, Chargen Life Sciences shall have the sole responsibility to decide the mode of the reversal of the price.
5.5 Buyer agrees that if the returned Product is not accepted by the Seller then the final decision regarding the refund request will lie with Chargen Life Sciences and it cannot be disputed.
6. Cancellation of transaction/orders
6.1 Cancellation by Seller: Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Chargen Life Sciences shall have the sole responsibility to decide the mode of the reversal of the payment in case of the cancellation of pre-paid orders.
6.2 Cancellation by the Buyer: 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 oppose the choice made by Seller and accept Seller's decision concerning the cancellation.
6.3 Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Chargen Life Sciences in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Chargen Life Sciences to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
These Terms of Sale shall be governed in accordance with the laws of the Republic of India. You acknowledge that these Terms of Sale are solely for Your benefit.
8. Disclaimer by Chargen Life Sciences
8.1 CHARGEN LIFE SCIENCES'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, AND SELL THEIR PRODUCTS TO THE BUYERS.
8.2 THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND CHARGEN LIFE SCIENCES ON THE OTHER HAND.
8.3 CHARGEN LIFE SCIENCES DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. CHARGEN LIFE SCIENCES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER 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. ALL TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S SELF RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE, AND MAINTENANCE, AND CHARGEN LIFE SCIENCES DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. CHARGEN LIFE SCIENCES ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
8.4 CHARGEN LIFE SCIENCES 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. CHARGEN LIFE SCIENCES CANNOT BE HELD RESPONSIBLE IF THE PRODUCT DELIVERED TO THE BUYER NOT MATCHES WHAT WAS DESCRIBED BY THE SELLER.
8.5 CHARGEN LIFE SCIENCES 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 CHARGEN LIFE SCIENCES.
8.6 CHARGEN LIFE SCIENCES SHALL NOT ASSUME ANY LIABILITY FOR THE NON-AVAILABILITY OF THE PRODUCT, DELIVERY OF THE PRODUCT DIRECTLY TO THE SELLER AND THE INSTALLATION OF THE PRODUCT WHERE REQUIRED.