TERMS AND CONDITIONS
These terms and conditions will apply when you access our website and use our on-line ordering service or app. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
If you find yourself unable to agree to these terms and conditions, then you must not use our website and we ask that you click on the [first] “NO” button which shall appear at the end of this document. By doing so, you will return to our home page. If however, you agree to them unconditionally, you will be given the opportunity to click on the [first] “YES” button which also appears at the end of this document, and you will then be able to place an order with us to which these terms and conditions will apply.
Part - A
1 General information
For your convenience, we have listed below some general information about ourselves:
“We” cartplus.in owned and run by SSKL E-Retail Infratech LLP. and our Registered address of establishment is at Ground Floor. VIP Residency, Kaikhali, Kolkata - 700052. Panchim Banga, India;
We provide a marketplace where sellers having physical presence can reach out to buyers through our platform. All items listed on the Website and the contents therein are listed by Users and are third party purchasers and/or sellers as the case may be. As such we cannot at all times guarantee the accuracy and authenticity of the claims as the same are accepted in good faith.
2 Formation of contract
(1) Set out below is a summary of the steps which you must follow in order to conclude a legally binding contract with us:
(a) Step 1: Upon your filling in an available user name and password and provided that you agree unconditionally to these terms and conditions, you will be given the opportunity at the end of this document to click on the [first] “Yes” button. Immediately thereafter you are allowed access to the web page and select your product(s) as displayed on screen. Upon clicking the cursor on the product you shall find information on prices together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment.
(b) Step 2: Upon your selecting the product(s), you will be given the opportunity to check it in your cart and to then submit an order to us by clicking on the “order” button which appears at the end of the form. On receipt of this, we will send to you a notification by electronic mail that your order has been accepted and is under processing. Upon receipt of such notification at your email ID, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you immediately by electronic mail if this is the case.
If you do not wish to submit an order to us, you should click on the “escape” button and you will return to our home page.
(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted. It is your responsibility to contact us if you should have any doubts or queries in this regard.
(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.
(4) In case there are any errors or there is a doubt you may contact us by email or telephone and we shall assist you.
3 Conditions of use of this website/App
(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you by either clicking on a “YES” or “NO” box. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.
(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.
(3) You agree that we may communicate with you via electronic mail and or sms sent to the details as mentioned by you in your enrolment form while creating your username and password. You unconditionally agree that you shall not challenge the receipt of such communication or information sent to you at your mentioned email address and phone no.
(4) We are compliant with data security and do not deal with personal data. However, you are responsible for the accuracy and relevance of any data submitted by you and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any personal data please feel free to e-mail us with details of the problem first.
(5) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
(6) You may only use the trademarks and any downloadable content featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 3(4) above.
(7) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third-party websites.
(8) We will collate the information which you give to us in the order form to provide you with our on-line ordering service. By giving us this information, you consent to our use of it in order to process your order.
(8) We may also use it for marketing to you our own [products] [services] of a similar nature to those you are interested in. If you do not wish to have your details used in this way, please click “NO” on the relevant button at the end of the order form.
(9) Please be aware that to the extent permitted by law and except as expressly provided for in Part B of these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.
(10) Use of this website is subject to the laws of India and the exclusive jurisdiction of the Courts at Kolkata.
1 Description and pricing
As the goods displayed and its description is posted by resellers we accept the same in good faith and cannot warranty its authenticity and accuracy. However, any discrepancy bought to our notice shall be acted upon immediately.
Pricing of each product is as displayed by the reseller and may vary but once the order is confirmed the price is fixed and will only be subject to taxes or delivery charges, where applicable.
We are not involved in the buying and selling of items on the Website and therefore are not liable or responsible for any non- performance or breach of any contract entered into between You and the Seller including but not limited to non Delivery or non receipt, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. You understand and accept that we will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond our control.
2 Delivery and risk
All products shall be delivered within the time specified while accepting the order. In case you want express delivery or special delivery, the same may at our option, be organised upon payment of special delivery charges.
All risk in the goods are with us till such time that you receive the delivery when the burden passes on you.
Title to the goods ordered remains with the seller until such time as payment is cleared and funds have been received by us. We do not have any right, title or interest in the product and only act as a facilitator of the transaction.
All payments are by banking channels – net banking, credit/debit cards only. Therefore, refunds, if any, are also credited to the same bank account from where the money was originally remitted.
(1) You have the right to cancel your order at anytime before the same is despatched to you without any fee or cancellation charges, in case the goods are despatched and you intend to cancel your order, then you shall be liable for courier charges and the same shall be deducted from the amount paid by you and the balance returned to your bank account.
(2) This right of cancellation shall not apply, in any event, in the following circumstances:
(a) to services if performance of the contract has begun with your agreement,(placing the order)
(b) to any goods made to your specification, customised or personalised at your request.
In case you are dissatisfied with the product and intend to return the product, then you may lodge a complaint with us within 12 hours of your receipt of the product. We forward your issue to the Seller and allow both of you a reasonable time of 7 days to resolve the dispute amicably. In the unfortunate event, no solution is reached between the Seller and You, then we intervene and mediate the issue and decide on the course of action on the basis of the material facts in issue. Our professional team understands the issue and decides the matter summarily without complying with the strictures of law and keeping in mind the commercial practice.
7 Returns policy
Except the goods as mentioned in clause 5(2) (b) above and certain personal items all other goods can be returned within 3 days of delivery provided that the seal if any is not tampered with and/or the goods are not mutilated or mishandled. Within 30 days of the goods being collected we shall process your refund amount and credit the same to the designated bank account from which the said payment was remitted.
8 Warranties and liability
We do not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items offered to be sold or purchased on the Website. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any items on the Website.
The Sellers are independent entities and are not agents of Cartplus and as such we are not responsible for their conduct. We have only verified the credentials of the Sellers and are aware of their physical location.
As the transactions that may materialise from this website are essentially between the buyer and the seller, Cartplus does not issue any warranty in respect of the products on offer and as such does not assume any liability in respect of the same. If under any circumstances, Cartplus may be held liable for any of its acts of omission or commission, then the maximum liability shall be the value of product in Rupees.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given above. We will try to do our best to solve any problems that arise.
2 Force majeure
Although we take all reasonable care and caution while providing you the services, there can be certain situations which may prevent us from performing our obligations due to acts of nature – like flood, earthquake, fire, riot etc. There can also be issues of communication failure due to any reason and for which cartplus shall not take any responsibility. You agree and understand that in case of an act of force majeure we may not be able to provide service temporarily and accept that we shall not be liable in respect of the same.
In case any clause or part of this agreement have more than one interpretation, then the one which is in harmony with the ethos of the marketplace shall be given precedence over the other.
The use of this website is subject to the laws of India and the competent courts at Kolkata shall have jurisdiction in respect of all disputes.
In case any clause is struck down by any court of law, then the same shall be severed from the agreement and the remainder of the agreement shall be valid and subsisting as between You and us.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If you agree to be bound by the above conditions please click YES, and the user name will then become available to you. If you do not agree click NO. In the event you choose NO, then you will not be able to create your user name and shall not be able to use the services of the website.
I agree to be bound by the above conditions for the use of the services, goods and other materials accessible via this website.