Terms of Service
These terms of service are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
These Terms of Service shall govern the various Services offered by PRISM TEST AND MEASURE PVT. LTD.(hereinafter referred to as Prism) via. It’s website www.eindustries.in and set out the responsibilities and obligations of the buyer.
1. Scope of Service.
Prism along with various third parties(hereinafter referred to as Vendors) shall provide various services for the buyer via its website including but not limited to, calibration services, air quality testing services, (hereinafter collectively referred to as services). The services requested by Client and to be provided by Prism and vendors (hereinafter collectively referred to as Service provider) for specific projects shall be set out in individual Quotations or Applications (hereinafter referred to as quotation).
The Quotation offered to the buyer by the service provider will establish the price for the Services. The Quotation shall primarily be depended on the type of product and the nature of service/s requested by the buyer. The Service provider’s Quotation is subject to change at Prism’s sole discretion, upon reasonable notice to Client, depending upon the requirements of the specific project.
3. Estimated Schedule.
Service Provider shall provide the buyer with an estimated time schedule in the Quotation for each service. This schedule is only an estimate. Each service is different and the schedule will depend on the particular service being conducted. Prism reserves the right to amend the schedule at its sole discretion, upon reasonable notice to Client; or terminate the service if, in Prism’s sole discretion, the services sought for a particular equipment cannot be concluded. In such event, buyer shall be liable to pay for the time and resources expended on the service up to the time of termination.
The buyer shall ship the product(s) for which a service is sought to Prism at buyer’s expense and risk. Buyer shall provide Prism with shipping and packaging instructions for returning the product(s) after the completion of services to the buyer, such return shipping to also be at buyer’s expense and risk. Any insurance for the shipments will be at buyer’s discretion and expense.
5. Limitation of Liability.
Prism shall ship the product(s) after the completion of the services in accordance with the buyer’s instructions. It is pertinent to note that Prism has no control over the shipping or the use of the product(s) after leaving Prism’s premises, Prism accepts no liability for the products after shipment.
Prism shall conduct relevant service the product(s) and will provide the buyer with a service report. Prism shall attach a sticker to the product(s) after completion of the services, verifying the date of service and the date by which service is next due. The sticker will not contain the any certification mark. If the product(s) cannot be properly serviced, Prism will note the product defects in the service report. Services shall not result in Prism product safety certification or any authorization to use the Marks.
7. Visiting Charges.
Prism may also offer certain services at your door step. The buyer shall be liable to reimburse any boarding and lodging expenses that are incurred by prism in order to fulfill the service request made by you, The mode of transportation shall be 3 tier ac or above and lodging shall be at a 3 star hotel or above.
Access to the Website
www.eindustries.in (Website) is a website owned and operated by PRISM TEST AND MEASURE PVT. LTD. Use of the Website by the user (“You”) is subject to the terms and conditions contained herein. The website may at its sole discretion allow or disallow access to Website and also reserves the right to change any of the terms and conditions contained herein at any point in time.
1. Payment Policy:
- Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.
- We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc.
- All payments for purchases made by You on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by the website, You will be sent a notification by email or SMS at the email address or mobile number provided to website confirming receipt of payment. T Website reserves the right to withdraw or block or limit Your purchases on the basis of your transaction history.
1.1 Credit and Debit Card:
- The website accepts all Visa, Master Card, Maestro, American Express by razorpay site supports. You will be redirected to Your issuing bank's website, where You will have to follow the instruction to complete the payment.
1.2 Net Banking:
- You can make payment for an order by using Your Net Banking account. The Website accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank's website where You will be able to make payment after entering in Your login id and password that is known only to You.
1.4 Issues with Payments:
- Pending Payments:
Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:
- Incorrect debit or credit card details are entered.
- Card may be blocked or card details are no longer valid or need to be updated.
- The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.
- The connection between website and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.
- Card or bank or issuer is not website.
- Incorrect login or password details are entered.
- Payment amount exceeds the preset limit mutually agreed to between You and Your bank or issuer.
2 Delivery Policy:
2.1 Shipping address:
- Your shipping address and pin code will be verified with the database of website before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address. You can make purchases on the Website from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.
- When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and website will have no liability in this regard.
2.2 Delivery by the website or seller:
- The delivery of the ordered products from the seller to You will be made by logistics service providers assigned by the website or Sellers. Deliveries cannot be rescheduled after the order has been placed.
- The logistics service provider assigned by the website will make a maximum of two  attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of products in these attempts the website reserves the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to website. The cancelled order is returned back to seller. You agree not to hold website liable for any cancellation.
- If You wish to request the Website to resend the product, You can do so by placing a new order for the product on the terms set out on the [‘product order page’] when You place the new order. Your order will be accepted subject to availability of the product.
- In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, the website will not be responsible for the non-delivery of the product.
- Title and risk of loss for all products ordered by You shall pass on to You upon website or the seller delivering the products to the shipping address provided by You.
2.3 Multiple product orders:
- In case You order multiple products in one transaction, website would endeavor to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues or the location of seller and You may receive the products separately and at different times. If You purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by You. If You wish to ship products to different addresses, then You should book the orders separately based on the shipping addresses.
2.4 Missing items:
- In the event, the product package received by You is missing one or more products or accessories or does not include the freebie or the order is partly delivered, You should inform website at firstname.lastname@example.org within 3 days of delivery date of the package or contact our customer care team at 9099062852 or 7878991188. Missing products claims will not be accepted after 3 days from delivery date.
- When a package delivered is missing one or more products or accessories, You are requested to return the original package delivered to the seller in accordance with the Return Policy.
- In the event of dispute, website will coordinate with You and the seller to reach an amicable solution. Website is only a facilitating link between You and the seller and will not be liable in any manner.
2.5 Refusal of delivery:
- Before accepting delivery of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, You are requested to refuse to accept delivery and inform website within 5 days of delivery date.
- You are requested to fill the delivery sheet / acknowledgement used by the logistics service providers and note down the condition of the delivered package. Damaged or tampered products claims will not be accepted beyond the returns policy
In the event of dispute, website will coordinate with You and the seller to reach an amicable solution. Website is only a facilitating link between You and the seller and will not be liable in any manner.
2.6 Delivery time:
- An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing Your order, You will receive an email or SMS at the email address or mobile number provided to website containing a summary of the order and also the estimated delivery time to Your location. The seller may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period of time is to be added to the shipping speed You choose.
- Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.
2.7 About delayed delivery:
Sometimes, delivery may take longer due to:
- Bad weather.
- Transportation delays.
- Natural calamities.
- Political disruptions.
- Logistics service provider related challenges.
- Product lost in transit.
- Regional or national holidays which are considered as delivery holidays.
- Other unforeseen circumstances or events beyond the control of website or logisticsservice provider.
- If the estimated delivery date has passed and You still have not received Your order, please talk to us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.
- The website will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to the website if any product in the order is unavailable or is delayed or lost in transit.
2.8 Shipping Charges:
- You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will appear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller’s is located in a different area. Delivery charges will vary according to pin codes as well as type of product.
2.9 Installation Charges:
In case if you require installation or any other allied services for your product. You may send a request for the same to the website and the website shall send you a quotation for the same depending on your location and the nature of services requested by you. The original price of the product does not include installation charges.
3. Return Policy:
3.1 Reasons for return
- Return Policy makes it possible for You to return a product if You receive a damaged or defective product or if the product is significantly different from what was purchased or when the package delivered is missing one or more products or accessories.
- You shall be solely responsible for any wrong order placed by you. The company shall not be liable to return a product in case if you wrongly placed an order.
3.2 Conditions for return
In order to return any product sold through the Website, You are required to comply with the below mentioned conditions, viz.:
- The return must be in compliance with the Return Policy associated with the product category.
- The website should be notified of the receipt of a damaged or defective product or if the product is significantly different from what was purchased or the package delivered is missing one or more products or accessories, within period mentioned in the returns policy.
- Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to You.
- The return packages should be strongly and adequately packaged so that there is no damage of products during transit.
- The returned products are subject to verification and quality checks by the sellers selling on the website in order to determine the legitimacy of the complaint or return.
- You should send and discuss the email email@example.com provided by website with the originally delivered package or make available to You over e-mail or account and include it in the returned package. Return requests are not processed if the Return Form is incomplete or absent in the returned package received. The reason for return should be stated in the Return form. You should additionally fill out the delivery sheet used by the logistics service providers and note down any damaged or tampered condition of the delivered package.
- The return has to be in compliance with the return policy of the seller or the manufacturer of the product where applicable.
3.3 Non-returnable products
- All products cannot be returned. Some of the products that cannot be returned are:
- as you once order unless and until any manufacturing defect product return is not applicable.
- If You are unable to inform the website of the receipt of a damaged or defective product or the product is not as per specifications of Your order or the package delivered is missing one or more products or accessories as per the returns policy and procedure, the Website or Seller shall not be obliged to accept the returned product or be liable in this regard. In the event such product is sent to Seller, the product will be returned to the Customer and the same needs to be accepted from Seller or assigned logistics service provider. The website or seller will not be responsible if the product is not accepted and no refund will be issued.
3.4 Damaged, defective or other non-conforming products
- Returns of damaged, defective or other products eligible for return are accepted as under:
- In the event You receive a damaged or defective product or a product that does not comply with the specifications as per Your original or the product is delivered after the expected delivery period or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy, You are required to get in touch with the Customer Care Team through any of the below mentioned channels or submit a return request online (if such facility is available) as per the Returns Policy.
- Upon receiving Your return request, the website shall verify the authenticity and the nature of the request and if the request is genuine, the website will inform the seller of the return request and will ask the seller for a refund to be processed upon the receipt and quality check of the returned product. It will take a minimum of 10-15 business days to process Your request for return of products.
- The website or Seller may arrange for pick-up of the product through an assigned logistics service provider. You will receive an email or SMS notification at Your email address or mobile number provided to the website. In the event the website is unable to arrange pick-up, the website will notify You regarding the same and You will be required to send the product to the seller at the provided address using a reputed courier service in Your area.
- If Your pin code is not serviceable, the website may ask You to ship the product to the seller using a relevant and available logistics service provider or Indian Postal services. Customers are required to submit the shipping information of the self ship by contact Customer Service. In the event the details are not provided and the shipment arrives without returns form or invoice, the refund may be delayed.
- Upon receipt of the returned product by the seller and successful completion of the quality check, You will receive an email or SMS confirmation at the email address or mobile number provided to the website.
- You will be refunded the product cost along with taxes and shipping charges, if any. Courier freight charges You paid to courier or shipping service for returning the product to seller will not be reimbursed and you shall bare the insurance cost for the same.
- You expressly acknowledge that the website does not offer any warranty on the product that is sold via its platform and any product/services that comes with a warranty is based on the seller’s terms and conditions. The website is only a facilitating link and an Intermediary as per definition under Information Technology Act, 2000 and rules framed there under, between You and the seller and the website will not be liable in any manner.
- You expressly acknowledge that the seller is solely responsible for the damaged or counterfeit or defective product or a product that does not meet the specifications of Your original order or delayed delivery of the order or delivery of the package with one or more products or accessories missing and for any claims that You may have in relation to such products and the website shall not in any manner be held liable for the same. In the event of dispute, the website will coordinate with You and the seller to reach an amicable solution. The website is only a facilitating link and an Intermediary as per definition under Information Technology Act, 2000 and rules framed there under, between You and the seller and the website will not be liable in any manner.
3.5 Cancellation of return request
- A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and You want to cancel the request, You may choose to inform the logistics service provider that You do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to the website cancelling Your return request.
3.6 Refusal of return request
- The website reserves the right to refuse or cancel any return request. If the request for returns is not allowed by the Returns Policy, You will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. You agree not to dispute the decision made by the websiteand accept the website’s decision regarding the refusal or cancellation and further agree not hold the website liable for any refusal or cancellation.
- In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, the website reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by the website in this regard.
3.8Return Shipping Process
- In case of return of products initiated and subsequent courier of the product by You, if it is found that the returned product was not delivered to the seller or any other designated location specified or the package was empty, the onus shall be on You to prove through submission of proof of delivery from the concerned courier service provider to establish Your claim of return. Self courier of returns should be initiated within the periods specified in the website’s Returns Policy. the website is not liable to process the return request until satisfactory proof of delivery is provided to the website.
- In case of damage claims, the website may ask for pictures of the damaged product before it is approved or allowed for return.
- For return shipping managed by the website, You will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and You are unavailable or not ready to handover the product, the website or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by the seller and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned.
- The website will not be liable for the products returned by mistake. In the event where a product not belonging to the seller selling on the website is returned by mistake, the website is not accountable for such misplacement and is not responsible for its delivery back to You or any costs incurred by You or any refund.
3.9Discrepancy between You and our logistics service provider
- In case of any discrepancy in the status of pick-up of a product arranged by the website, (where You claim the product has been returned, while our system suggests otherwise) refund will be initiated only if You successfully furnish the courier slip given by the website assigned logistics service provider at the time of the pick-up.
- In case where a seller or designated return location claims that the product received from You is different or the return of the product is not in compliance with the Returns Policy, the product will be dispatched back to Your shipping address and You are required to receive and accept the package. In the event of dispute, the website will coordinate with You and the seller to reach an amicable solution. the website is only a facilitating link between You and the seller and will not be liable in any manner.
4. Cancellation Policy:
Cancellation of an order can be done either by the webiste or by You as under:
4.1 Cancellation by us
The website has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):
- Failure to comply with any of these Terms.
- Product is unavailable with the seller or the product is discontinued.
- Technical errors or issues.
- Problems identified by the website's credit and fraud avoidance department.
- Invalid address is given in order details.
- Malpractice is used to place the order.
- Bulk order is placed for commercial resale.
- Multiple orders are placed for same product at the same address.
- Order is undelivered after 2 attempts.
The website reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. On such cancellation You will be sent a notification email or SMS at the email address or mobile number provided to the website.
4.2 Cancellation by You
- You may cancel an order for any reason, although cancellation by You must be done before the product has been shipped for delivery to You. No cancellation is permitted subsequently. You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling and emailing Customer Care Team. You should state the reason for such cancellation. The website will process the request for cancellation as per the policy in force.
- If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to the website.
The website reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold the website liable for any rejection of order cancellations. You will receive a refund for Your cancelled orders that have been accepted in accordance with the Refund Policy.
- Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy.
- Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order.
- For return requests, the refund of payment is made after the returned product has been received by the seller and has passed the quality checks. The entire product cost along with any taxes and shipping charges if any will be refunded to You.
- If any refund is received by You pending the quality checks, You will hold such amounts in trust on behalf of the website until conclusion of such quality checks unless claimed by the web site any time before that. If any amounts are wrongly paid or refunded to You, You will transfer such amounts back to the website within 3 days of Your receipt.
- No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options. Refund of Cash on Delivery orders returned by You may subject to levy of a charge which will be deducted from Your refund amount.
5.2Time period for refunds
- Refunds are processed within 1-6 working days of receiving the product returned and completion of quality checks depending upon the various banking and payment channels.
- The website is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.
5.3Mode of refund
- The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment.
- Refund for payments made by any mode which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your bank account.
- You will need to update the bank account number and IFSC code to enable us to process a refund to Your account. Refunds cannot be processed to third-party accounts, i.e. the name on Your the website account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to the website will be sent to You.
- All refunds by cheque will be in form of "at par" cheques or via online transfer; basis sole discretion of the website.
5.4 Terminated payment mode
- If the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from Your bank, we will send You an email asking You to call us. When You call us, we will collect Your address where You want the cheque to be sent, and proceed with the refund.Please refer to our Payment Policy for further details.
- You explicitly give Your permission to receive communications (by SMS, email or other mode of communication) sent to You by the website.
6. Listing of Products and/or Services:
- The website through the Website platform makes available a variety of branded products, merchandise and various allied services of the sellers for sale to buyers. Sellers who have agreed to sell their products and/or services on the Website list their products and/or services on the Website. Purchase and sale and/or services of such products will be subject to these Terms in addition to the TERMS OF SERVICE.
- Majority of the product/services and price information, deals and offers related to the products and/or services are provided by the seller to the website for inclusion on the Website and the sellers are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the products offered on the Website. Separate contracts govern the relationship between the website and sellers for display and sale of their products on the Website. These Terms do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between the website and such sellers as set forth in such separate contracts.
- The website does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the products offered for sale by the sellers and purchased by buyers on the Website or for any defects, deficiencies, shortcomings, errors or omissions in relation to the products. Please make sure you have read the product listing information before placing an order.
- It is not compulsory for you to have an account on the Website to buy the products. You can shop by using a valid email address, mobile number and details while placing orders. You will be informed of the receipt of the order by email or SMS on the email address or the mobile number provided by you to the website.
- You can select any product or seller of your choice from the [‘product order page’] of the Website and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, you should provide the shipping address within India and make payment of the product price or choose payment on delivery as per the payment method for eligible products.
- You can also call or email the Customer Care Team to place an order for products eligible for payment on delivery.
- Once the Website receives a confirmation of your order from the seller and confirms your order, you will receive an email and SMS informing you of the order confirmation. The email will also provide you with details of your order including order ID, information on the products ordered, as well as the expected delivery time.
- You understand that by ordering a product using the Website, you are entering into a binding contract with the seller of the product to purchase the product using the facilities available on the Website.
- You agree that the seller is the owner of the products and all the ownership rights and property of, in and upon the products listed on the Website, until transferred to the buyer of the products, shall vest in the seller of the products.
- The seller confirms and undertakes the seller’s ownership of the products and confirms that the seller shall at all times have marketable and legal ownership and title in respect of all products offered on the Website and shall pass on marketable and legal ownership and title of the product to you upon completion of the transaction.
- The buyer and seller acknowledge that the Terms of the Website do not cover products sold by the seller and bought by the buyer from the seller other than through the Website. You should not try to contact other potential buyers to warn them about one or more sellers. If you have a concern about a seller's behavior, please report it to our Customer Care Team and we will endeavour to investigate.
- You confirm that the products ordered by you are purchased for your internalor personal use and not for re-sale. You authorize the seller and the Website to declare and provide declarations to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the Website.
- The seller delivers the ordered products either directly or by availing the services of the Website through its logistics service providers in terms of the Delivery Policy. The Website may change the Delivery Policy without any notice. For more details, please review the Delivery Policy.
9. Pricing and Payment:
- The Website lists availability and pricing information of products on the product display pages of the Website.
- All prices are inclusive of all applicable taxes unless stated otherwise. Products in your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product's price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time you actually purchase it. Products that are marked as 'Out of Stock' are not available for purchase.
- The price of products offered by the seller on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with applicable laws of India. Sellers may or may not specify this information on the Website, and you are advised to independently determine the MRP of such products if you so desire.
- The Website shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems appropriate, for and on behalf of the sellers of the products. The seller or the website will arrange logistics for delivery of large and bulky products such as televisions, refrigerators, air conditioners etc., to the buyer.
- By purchasing the products using the Website and authorizing the Website to process the payment, you agree, accept and understand that the Website as part of its services, is only a facilitator providing an automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the products.
- For more details, please review the Payment Policy applicable to the products ordered from the sellers. The Website may change the Payment Policy without any notice.
10. Returns and Cancellation:
- All products which are not delivered to you or returned by you in accordance with the Return Policy will be returned to the seller of the products.
- Return and cancellation of the products may be initiated in accordance with the Website’s policies. Please review the Returns Policy and Cancellation Policy as applicable to the products purchased by you. The Website may change the Returns Policy and Cancellation Policy without any notice.
- You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and you agree to bear any and all applicable taxes, Goods and Service Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.
12. Limitation of Liability:
- All products or services are made available to users through the Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable law and the website does not accept any liability for any defects, deficiencies, short comings, errors or omissions.
- The website does not make any representations pertaining to the information, content, products or services included on or otherwise made available to you through or on the Website.The prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. The website does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.
- Any breach of this contract or any claim arising from such breach is the subject matter of the seller and the buyer alone and the website will not be a party to such breach or any claim or proceeding arising from such breach. The communication arising from such breach may entail between the seller and the buyer directly without the website being involved except as a mere facilitating link between the buyer and the seller. the website is not required to mediate or resolve any dispute between buyer and seller.
- The buyer acknowledges that before placing an order for a product the buyer has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.
- The buyer acknowledges that the product images are indicative in nature and actual product may differ from the image. The buyer further acknowledges that services provided by the Website are being provided by the website as an independent contractor, and the website is in no manner acting as an agent, partner or joint venturer of either the seller or of a third party. The buyer further acknowledges that the services provided by the website are free of cost or charge.
- The buyer acknowledges and understands that the buyer cannot claim any compensation from the website, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) opportunities missed by buyer for availing any offers or discounts on the Website for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by the website or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by the website; (vi) buyer faces any issues with logistics service provider’s personnel.
- Being an intermediary, the website holds no possession, or title of the products at any time, and the sale shall be restricted to you and the seller of your choice, the contract of sale is purely a bipartite contract between you and the seller and the website is not responsible for any claims arising from such a contract.
- Notwithstanding anything stated under these Terms, in the unlikely and rare event, of the website being liable to you, the aggregate liability of the website from any cause whatsoever shall not in any event exceed an amount equivalent to the payment attributable towards the website services from the payment made by you in relation to the transaction under which such claim has been made.
- In no event is the Website liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, whether based on warranty, contract, tort, equity or in any other means or action.
- You will be required to provide a valid email address and phone number in order to avail the services provided by the Website, including and not limited to placing orders for buying the products. By registering your email address and phone number with the Website, you consent to be contacted by the Website via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The Website may notify or communicate with you by e-mail, SMS, phone or by posting notices on the Website or by any other mode of communication.
- Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
- The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
16. Partial Invalidity:
- If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
17. Force majeure:
- Notwithstanding anything contained in these Terms or elsewhere, the webiste shall not be held responsible for any loss, damage to you if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the website’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
- All complaints relating to the products purchased from the Website are routed through the Customer Care Team of the Website. The seller is responsible to resolve any complaints regarding the product that may be raised by the buyer and other complaints to the satisfaction of the buyer. The Website is only the facilitating link between the buyer and the seller of the product for any complaints in relation to the products sold by the seller. All buyer complaints, product complaints and transaction failure complaints shall solely be to the seller’s account and the seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the Website to resolve the complaints at the seller’s own initiative and cost. The Website is not in any way responsible for ensuring resolution of the complaints and the Website shall not in any manner either directly or indirectly be liable for any claims or proceedings made by any user in relation to the products provided on or through the Website or otherwise.
- You acknowledge that www.eindustries.in is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and www.eindustries.in will not be held liable for any act of seller or other third party service provider. The entire terms set out herein are construed and governed as per the laws of India. Further the website’s liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with any transaction initiated by You, shall be nil, in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.