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
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
(i)any reason in accordance with
or under any contract or policy between Chargen Life Sciences 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.
2.1All 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.
2.2There 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.
2.3With 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.
3.1The 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.
3.2All prices are exclusive of VAT unless stated otherwise.
4.Delivery of the Product
4.1The 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.
4.2In 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
4.3Please 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.
4.4If 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
5.Return Policy for Products
5.1Buyer's Product related complainant for refund or replacement will
the processed in accordance with the Return Policy available at
5.2The Buyer shall fairly assure that the Product's packaging is not
damaged or tampered before accepting the delivery.
5.3The 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.
5.4In 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.
5.5Buyer 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.
6.1Cancellation 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
6.2Cancellation 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.
6.3Set-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.
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
8.1CHARGEN 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.
8.2THESE 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.
8.3CHARGEN 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.
8.4CHARGEN 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.
8.5CHARGEN 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
8.6CHARGEN 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.