TERMS AND CONDITIONS
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 do 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 the guest user or the registered user) who purchases various products (as defined below) from the seller on the website located at the URL http://www.qubewish.com (the website) is referred to as “buyer” and the seller is referred to as an individual or any legal entity who lists, advertises, exhibits, offers to sell, makes available, market, sells and delivers any products through the website to the buyer (referred to as “seller”). These terms of sale describe, inter alia, the terms of the offer for sale/sale, acceptance of the offer for sale by the buyer and the purchase of goods and services (“products”) through the website from the seller. These terms of sale also contain certain statements and disclaimers made by qubewish.com (“qubewish.com”) 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 are subject to revision at any time and hence both buyers and sellers are requested to carefully read these terms of sale from time to time before listing any product or before making any purchase of the products. The revised terms of sale shall be made available on the website. If such a facility is provided, you may determine when these terms of sale 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 terms of sale. It shall be your responsibility to check these terms of sale periodically for changes and buyer should also check additional terms of
Sale 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 terms of sale will constitute your acceptance of such changes or modifications.
- Offer and Acceptance of the Product
Gorock also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form (“IP Infringement Notice”) provided in the annexure below. Please send the duly filled out IP Infringement Notice via email to email@example.com. Any incomplete or improperly filled out document may not be considered.
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 qubewish.com to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to qubewish.com. If Buyer’s order is so canceled, 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. qubewish.com shall have the sole discretion to determine the mode of the 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 the 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;
The product shall meet the description and specifications as provided on the Website.
- Pricing Information
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 of delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrants 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 proceeds to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
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. Therefore, time is not the essence of the bi-partite 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 is 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 qubewish.com for any loss of any fee or charges that qubewish.com 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 qubewish.com 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 the 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 the Product.
- Return Policy for Products
Buyer’s Product related complaint about the refund or replacement will the processed in accordance with our R&R Policy available at qubewish.com. Both Buyer and Seller agree to this R&R Policy (Refunds & Replacement). 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 refund or 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 subjected 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. qubewish.com shall have the sole discretion to determine the mode of the reversal from the above options.
Buyer agrees that if the returned Product is not accepted by the Seller then qubewish.com shall have the right liquidate or sell those Products and give all the valid title, rights, and interests including warranties and other collaterals 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 qubewish.com 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 canceled 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 verifications 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 qubewish.com. If Buyer’s order is so canceled, 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. qubewish.com shall have the sole discretion to determine the mode of the reversal from the above options. In the event a promotional code given by qubewish.com is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of the order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of qubewish.com 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 qubewish.com in relation to the Product for which the order has been canceled by the Buyer or by the Seller, Buyer agrees and authorizes qubewish.com to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale 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 qubewish.com
qubewish.com 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 the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.
these terms of sale shall not amend or modify any agreements, contracts, terms or policies between the buyer and seller.
qubewish.com is in no way is 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.
qubewish.com 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 qubewish.com 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 qubewish.com shall not in any manner be held liable for the same.
qubewish.com 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.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.