Last updated on April 14, 2016
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 THERE UNDER 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 PRAZUCHI WHERE PRAZUCHI HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF PRAZUCHI BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON PRAZUCHI UPON PRAZUCHI ‘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 PRAZUCHI.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Prazuchi on the website located at the URL www.prazuchi.com is referred to as “Buyer” and Prazuchi 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. 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 Prazuchi.
These Terms of Sale are subject to revision at any time and hence Buyers 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 Prazuchi 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.
1. Offer and Acceptance of the Product
2.1 All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/Sellers/brand owners ﴾as applicable﴿ in addition to these Terms of Sale. In the event a manufacturer/Sellers/brand owners ﴾as applicable﴿ is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by manufacturer/Sellers/brand owners ﴾as applicable﴿ and will be fulfilled by the manufacturer/Sellers/brand owners ﴾as applicable﴿.
2.2 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, Prazuchi may cancel such purchase transaction without any recourse to Buyer and without any liability to Prazuchi. If Buyer’s order is so cancelled, 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 prepaid payment instrument account of the Buyer. Prazuchi shall have the sole discretion to determine the mode of reversal from the above options.
2.3 With respect to the sale of Product by Prazuchi to the Buyer, Prazuchi hereby represents and warrants to the Buyer that: Prazuchi 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.
3. Pricing Information
3.1 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 Prazuchi. Due to technical reasons there may be errors in Selling Price which may be corrected by Prazuchi 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 Prazuchi, not be a valid acceptance and such transaction can be avoided by Prazuchi.
3.2 All prices are inclusive of VAT unless stated otherwise.
4. Delivery of the Product
4.1 There are various delivery models for delivery of purchased Product to the Buyer, as decided by Prazuchi. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on Prazuchi and not on the Buyer. Prazuchi represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Prazuchi on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
4.2 Buyer’s shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Prazuchi 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 Prazuchi.
4.3 Please note that there is no guaranteed dispatch time and any information about the dispatch time is 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 Prazuchi 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.
4.4 Buyer shall be bound to take delivery of the Products purchased by the Buyer that are 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 Prazuchi for such non‐acceptance and shall further be liable to Prazuchi for any loss of any fee or charges that Prazuchi and its third parties shall have earned from Prazuchi if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Prazuchi and its third parties are not consequential or indirect.
4.5 The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Prazuchi upon delivery of such Product and upon full payment of 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 Product.
5. Return Policy for Products
5.1 Buyer agrees to return/ship the product to be returned within seven (7) days of delivery failing which Prazuchi will have the right to decline refund of the amount paid by the buyer for the product.
5.2 Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.
5.3 The 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 Prazuchi at the time of purchase of the Product.
5.4 In the event the return of a Product is duly accepted by Prazuchi, 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. Prazuchi shall have the sole discretion to determine the mode of reversal from the above options.
5.5 Amount spent by the buyer for the shipping of the product to be returned, will be refunded according to India-post’s speed-post charges.
5.6 Buyer agrees that if the returned Product is damaged or not accepted by Prazuchi for any other reason then Prazuchi shall have the right to decline refund of the amount paid by the buyer for the returned product .
5.7 In case of custom sizes for regular orders, no refund will be given to the buyer. The only exception being, the product received by the buyer was damaged.
5.8 In case of wrong size of the product, the balance amount shall be payed by the buyer or refunded by Prazuchi and correct size would be delivered after the return of the original product.
5.9 All products have complete information on the materials used and construction. If the buyer is not satisfied with the product, he/she shall write a mail to Prauzchi at firstname.lastname@example.org stating the reason for dissatisfaction. If the reason proves valid, the buyer shall return the product after which the amount spent by the buyer will be refunded in full.
6. Cancellation of transaction / orders
6.1 Cancellation by Prazuchi: There may be certain orders that Prazuchi is unable to accept and has the right to cancel such order. Prazuchi 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 cancelled include, without limitation, non‐availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Prazuchi 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 Prazuchi.
If Buyer’s order is so cancelled, 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. Prazuchi shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Prazuchi is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of Prazuchi for any cancellation of the purchase order by Prazuchi or otherwise other than by the Buyer.
6.2 Cancellation by the Buyer: In case of requests for order cancellations, Prazuchi reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Prazuchi receives a cancellation notice and the order has not been processed, Prazuchi may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Prazuchi will not be able to cancel orders that have already been processed by Prazuchi. Buyer agrees not to dispute the decision made by Prazuchi and accept Prazuchi ‘s decision regarding the cancellation.
6.3 Set‐off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Prazuchi in relation to the Product for which the order has been cancelled by the Buyer or by Prazuchi, Buyer agrees and authorizes Prazuchi to recover such benefits from the Buyer or set‐off the same from any refunds to the Buyer.
7. Governing Law
7.1 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.