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 DOES 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 guest user or registered user) who purchase various Products
(as defined below) from the Seller on the website located at the URL www.OBASELL.com
and mobile application under the name and style "OBA" (the Website)
is referred to as "Buyer" and the Seller 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 (referred to as "Seller"). 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 the Seller. These Terms of Sale also contains certain statements
and 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.
PLEASE READ THESE TERMS
OF SALE CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS.
THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY
POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE
ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING
OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF
SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL
TERMS OF SALE, THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT
OF SUCH CONFLICT AND IN RELATION TO THAT SALE. IF A SELLER DOES NOT AGREE WITH
THESE TERMS OF SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY
PRODUCTS ON THE WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE
AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT
LISTED ON THE WEBSITE.
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.
1. Offer and Acceptance
of the Product
1.1, The Seller hereby
makes an offer to sell the Products listed by Seller on the Website and the
Buyer upon agreeing to purchase the Products so listed by the Seller hereby
accepts such offer to sell by the Seller. Accordingly, the contract for sale of
the Product is be a bipartite contract between Buyer and the Seller.OBA is not
a third party beneficiary under such bipartite contract. The Buyer understands
and agrees that the offer for sale of the Product by the Seller is not an
absolute or an un-conditional offer. Such offer to sale by the Seller is
subject to repudiation by the Seller at any time before the delivery of the
Product to the Buyer and without any obligation to assign or provide any reason
for such repudiation and without any consent from the Buyer and without any liability
or any obligation towards the Buyer. The Seller and Buyer understand and agree
that OBA has the right to cancel any sale transaction, listing or acceptance
(i) for any reason in accordance with the Seller Agreement, these Terms of
Sale, Website Terms of Use, Privacy Policy or under any contract or policy
between OBA" 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. Product(s)
2.1,OBA 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
filed out IP Infringement Notice via email to: Digitaloba@gmail.com. Any
incomplete or improperly filled out document may not be considered.
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, Seller may cancel or instruct to
cancel such purchase transaction without any recourse to Buyer and without any
liability to the Seller or 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 we 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 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 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;
Product shall meet the
description and specifications as provided on the Website.
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 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.
3.2, all prices
are inclusive of GST 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
the Seller. The risk of any damage, loss or deterioration of the Products
during the course or delivery or during transit shall be on the Seller and not
on the Buyer. Seller represent and warrant 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.
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 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.
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 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.
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 the Seller for
such non-acceptance and shall further be liable to OBA for any loss of any fee
or charges that OBA 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 OBA 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 Seller 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's Product
related complainant for refund or replacement will the processed in accordance
with the Trust Pay Policy available at http://www.OBASELL.com/info/Trust Pay.
Both Buyer and Seller agree to this Trust Pay Policy. 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.
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 the Seller at the time of purchase of the Product.
5.4. 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. OBA shall have the sole
discretion to determine the mode of reversal from the above options.
5.5,Buyer agrees that if
the returned Product is not accepted by the Seller then OBA 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.
6. Cancellation of
transaction / orders
6.1, 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 OBA 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 cancelled 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 OBA. 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. OBA shall have the sole discretion to determine the mode
of reversal from the above options. In the event a promotional code given by OBA
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 the Seller and sole
responsibility of OBA for any cancellation of the purchase order by the Seller
or otherwise other than by the Buyer.
6.2, 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.
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 OBA in relation to the Product for
which the order has been cancelled by the Buyer or by the Seller, Buyer agrees
and authorizes OBA to recover such benefits from the Buyer or set-off the same
from any refunds to the Buyer.
7. Governing Law
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 Digital
Market
8.1,OBA 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. AT NO TIME SHALL JASPER
INFOTECH HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR
SHALL JASPER INFOTECH HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS
AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER
FROM THE SELLER.
8.2 .THESE
TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR
POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND JASPER INFOTECH ON THE
OTHER HAND.
8.3, OBADOES 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. OBA 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 MERCHANTABILIGY,
FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY
HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE
SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE,
AND OBA DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. OBA ALSO DOES NOT
ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
8.4,OBA 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 AND OBA SHALL NOT ASSUME ANY LIABILITY IF
THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER
SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
8.5.OBA is in no way
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.
8.6. OBA 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 OBA. Prices, Product description and availability of the
Product are Seller's responsibility.
8.7. 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 OBA shall not in any manner be held liable for the same.
8.8. OBA 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.