THESE STANDARD TERMS OF SALE ("TERMS OF SALE") 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. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE 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 THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE 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 BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.biomall.com and mobile application under the name and style "Biomall" (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 Terms of Sale 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 Terms of Sale also contains certain statements and disclaimers made by Chargen Life Sciences LLP ("Chargen")which shall be binding on Buyer and Seller, as the case may be.Sometimes both Buyer and Seller are collectively referred to as "You"with its grammatical variations and cognate expressions.
These Terms of Sale aresubject to revision at any time and hence both Buyers and Sellers arerequested to carefully read these Terms of Sale from time to timebefore listing any Product or before making any purchase of theProducts. The revised Terms of Sale shall be made available on theWebsite. If such a facility is provided, You may determine when theseTerms of Sale were last modified by referring to the "LastUpdated" legend provided above. You are requested to regularlyvisit the Website to view the most current Terms of Sale. It shall beYour responsibility to check these Terms of Sale periodically forchanges and Buyer should also check Additional Terms of Sale of theSeller on the Product listing. You may be asked to provide Yourspecific consent to any updates in a specified manner before anyfurther use of the Website and related services. If no separateconsent is sought, Your continued use of the Website following suchchanges and modifications to the Website or these Terms of Sale willconstitute Your acceptance of such changes or modifications.
1.Offer and Acceptance of the Product
2.1All offer of sale of Products are governed by the description andspecifications of the Product, terms of warranties provided by therespective manufacturer/Sellers/brand owners (as applicable) inaddition to these Terms of Sale. In the event amanufacturer/Sellers/brand owners (as applicable) is providing anywarranty, details of such warranty will be specified on the relevantProduct webpage on the Website or on the label printed on the Productpackage. Such warranties are provided by manufacturer/Sellers/brandowners (as applicable) and will be fulfilled by the manufacturer/ Sellers / brand owners (as applicable).
2.2The availability of the Product under the offer to sell is subject tochange without notice prior to the purchase of the Product by theBuyer. However, there may be circumstances where the Product may notbe available to be delivered to the Buyer after the purchasetransaction. In such an event, Seller may cancel or instruct Chargento cancel such purchase transaction without any recourse to Buyer andwithout any liability to the Seller or to Chargen. If Buyer's orderis so cancelled, after the payment has been processed, the saidamount will be reversed / remitted to the Buyer either to the bankaccount provided by the Buyer for such reversal, or to the paymentinstrument of the Buyer from which payment was made, or to anypre-paid payment instrument account of the Buyer. Chargen shall havethe sole discretion to determine the mode of reversal from the aboveoptions.
2.3With respect to the sale of Product by Seller to the Buyer, theSeller 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 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.
3.1The Selling Price of the Product is subject to change without noticeprior to the purchase of the Product by the Buyer. The Selling Priceis provided on the Website on 'as is' basis as provided by theSeller. Due to technical reasons there may be errors in Selling Pricewhich may be corrected by the Seller at any time and any acceptanceof offer of sale by the Buyer of the Products subject to such faultySelling Price shall, subject to discretion of the Seller, not be avalid acceptance and such transaction can be avoided by the Seller.
3.2All prices are exclusive of VAT unless stated otherwise.
4.Delivery of the Product
4.1There are various delivery models for delivery of purchased Productto the Buyer, as decided by the Seller. The risk of any damage, lossor deterioration of the Products during the course or delivery orduring transit shall be on the Seller and not on the Buyer. Sellerrepresent and warrant that the Products being delivered are notfaulty and are exactly those Products which are listed and advertisedby Seller on the Website and purchased by the Buyer and meet alldescriptions and specifications as provided on the Website.
4.2In the event Buyer's order is not serviceable by Seller, Buyer mayprovide an alternate shipping address on which the Product can bedelivered by the Seller.
4.3Please note that there is no guaranteed dispatch time and anyinformation about the dispatch time is estimate only and should notbe relied upon as such. Therefore, time is not the essence of thebi-partite contract between the Buyer and the Seller for purchase andsale of Product on or through the Website. However, the Product shallnot be delivered to the Buyer unless the Buyer makes the payment ofthe purchase of Product.
4.4Buyer shall be bound to take delivery of the Products purchased bythe Buyer that are said to be in a deliverable state. Where Buyerneglects or refuses to accept the delivery of the Products ordered bythe Buyer, the Buyer may be liable to the Seller for suchnon-acceptance and shall further be liable to Chargen for any loss ofany fee or charges that Chargen and its third parties shall haveearned from the Seller if such delivery or transaction should havebeen completed. Buyer acknowledges that such damages or loss toChargen and its third parties are not consequential or indirect.
4.5The title in the Products and other rights and interest in theProducts shall directly pass on to the Buyer from Seller upondelivery of such Product and upon full payment of price of theProduct. Upon delivery, the Buyer is deemed to have accepted theProducts. The risk of loss shall pass on to the Buyer upon deliveryof Product.
5.Return Policy for Products
5.1Buyer's Product related complainant for refund or replacement willthe processed in accordance with the Return Policy available athttps://www.biomall.in/ReturnPolicy. Both Buyer and Seller agree tothis Return Policy. However, in the event of false, frivolous orbaseless complaints regarding the delivery or quality of theProducts, the Buyer will not be eligible for refund or replacement.
5.2Before accepting delivery of any Product, the Buyer shall reasonablyensure that the Product's packaging is not damaged or tampered.
5.3The return process of a Product may be subject to additional termsdepending on the nature and category of the Product. Any suchadditional terms may be specified on the Website or be intimated bythe Seller at the time of purchase of the Product.
5.4In the event the return of a Product is duly accepted by Seller, thevalue of such Product, as originally paid by Buyer during acceptanceof Product, will either be refunded to Buyer either to the bankaccount provided by the Buyer for such refund, or to the paymentinstrument of the Buyer from which payment was made, or to anypre-paid payment instrument account of the Buyer. Chargen shall havethe sole discretion to determine the mode of reversal from the aboveoptions. Please note that the Internet handling fee as charged to theBuyer during Purchase may not be returned as stated in the ReturnPolicy.
5.5Buyer agrees that if the returned Product is not accepted by theSeller then the final decision regarding the refund request will liewith Chargen and cannot be contested.
6.Cancellation of transaction / orders
6.1Cancellation bySeller: There maybe certain orders that Seller is unable to accept and has the rightto cancel either by the Seller directly or Seller can instructChargen to cancel such order. Seller reserves the right, at its solediscretion, to refuse or cancel any order for any reason whatsoever.Some situations that may result in Buyer's order being cancelledinclude, without limitation, non-availability of the Product orquantities ordered by Buyer or inaccuracies or errors in pricinginformation. Seller may also require additional verifications orinformation before processing any order. All such cancellation shallbe without any recourse to Buyer and without any liability to theSeller or to Chargen. If Buyer's order is so cancelled, after thepayment has been processed, the said amount will be reversed /remitted to the Buyer either to the bank account provided by theBuyer for such reversal, or to the payment instrument of the Buyerfrom which payment was made, or to any pre-paid payment instrumentaccount of the Buyer. Chargen shall have the sole discretion todetermine the mode of reversal from the above options. In the event apromotional code given by Chargen is used for the purchase of theProduct, the amount under such promotional code shall not be refundedin case of cancellation of order. The above is the sole remedy of theBuyer and the sole liability of the Seller and sole responsibility ofChargen for any cancellation of the purchase order by the Seller orotherwise other than by the Buyer.
6.2 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.
6.3Set-off of anybenefits availed by the Buyer: Incase the Buyer has availed any benefit under any marketing orpromotions provided by Chargen in relation to the Product for whichthe order has been cancelled by the Buyer or by the Seller, Buyeragrees and authorizes Chargen to recover such benefits from the Buyeror set-off the same from any refunds to the Buyer.
7.1These Terms of Sale shall be governed in accordance with the laws ofIndia without reference to conflict of laws principles. Youacknowledge that these Terms of Sale are solely for Your benefit. Itis not for the benefit of any other person, except for Yoursuccessors and permitted assigns.
8.Disclaimer by Chargen
8.1CHARGEN'S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINEMARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLERTO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THEPRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, ANDOTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEENSELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OFTHE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THEBUYER. AT NO TIME SHALL CHARGEN HAVE ANY OBLIGATIONS OR LIABILITIESIN RESPECT OF SUCH CONTRACT NOR SHALL CHARGEN HOLD ANY TITLE IN THEPRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST INTHE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
8.2THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS,CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HANDAND CHARGEN ON THE OTHER HAND.
8.3CHARGEN DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANYPRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BYSELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. CHARGENMAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALLNOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIRPRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILITY,FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANYTRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE ATBuyer's OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS ANDCONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND CHARGEN DOESNOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. CHARGEN ALSO DOES NOTACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
8.4CHARGEN SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANYILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE ORCOUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROMTHE SELLER AND CHARGEN SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCTPURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PERSPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
8.5Chargen is in no way responsible or liable for the offer for sale orsale of the Product by the Seller to the Buyer, its delivery, thewarranty terms (if any) related to the Product and the return, refundor cancellation of purchase of any Products.
8.6Chargen does not warrant that the sale price provided by the Sellerof the Product is accurate, proper and valid. Any error in the saleprice shall be solely attributed to the Seller and not to Chargen.Prices, Product description and availability of the Product areSeller's responsibility.
8.7Buyer expressly acknowledges that the Seller selling the defectiveProduct will be responsible to Buyer for any claims that Buyer mayhave in relation to such defective Product and Chargen shall not inany manner be held liable for the same.
8.8Chargen shall not assume any liability for the non-availability ofthe Product, delivery of the Product directly by the Seller andthe installation of the Product where required.