These terms of offer for sale ("Terms of Offer For Sale") between Kiiwi (here in after referred to as. "SELLER") and the users of the Website ("You" or "Your" or "Yourself" or "User") describe, inter alia, the terms of offer for sale, purchase of goods and services for consideration in the form of cash/cash equivalents or otherwise on the Website, www.kiiwi.in ("Website").
- The Website is a platform that facilitates the online sale and purchase of Products and services ("Services") offered by SELLER various affiliates/ registered merchants/ vendors/ service providers ("Providers"). Providers are the sellers of products and services on the Website and will be solely responsible to You for the products or services sold
- You acknowledge that SELLER has the right to change or discontinue any Service at any time, without notice. You further acknowledge that SELLER may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that SELLER may make to the Services. You agree that SELLER shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
- SELLER, through the Website also makes available of variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Providers.
- SELLER offers SHIPPING for all the products on the Website as per the company's policy, which may be changed by SELLER without any notice to You. Octroi charges, wherever applicable, is to be borne by the User.
- All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
- The price of products offered 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 shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
- You should take all responsibility for your own actions in utilizing the services purchased by You and SELLER shall not be liable for any such action.
- You represents that You are of legal age to form a binding contract with SELLER and are not a person barred from receiving services under the laws as applicable in India.
- You confirm that SELLER shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
- SELLER does not offer any refunds against any services already purchased from the Website.
- SELLER strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, SELLER does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
- While SELLER strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, SELLER may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. SELLER will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If SELLER cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
CREDIT CARD DETAILS
- In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. SELLER expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
DELIVERY OF THE PRODUCT AND SERVICES
- In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by SELLER, in such cases SELLER will not be responsible for the non-delivery of the product. SELLER doesn't deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India. In case You book multiple order for the Products and Services in one transaction, SELLER would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in 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 delivery addresses.
- Services capable of being delivered online will be delivered online by SELLER or by any of its Providers whose services have been purchased on the website.
- SELLER DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE PROVIDER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND SELLER DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. SELLER ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU. SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND SELLER SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
INDEMNIFICATION AND LIMITATION OF LIABILITY
- You agree to indemnify, defend and hold harmless SELLER from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SELLER that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
- In no event shall SELLER, its officers, directors, employees, partners or vendors be liable to You, the Provider or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not SELLER has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, SELLER entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
- SELLER shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
- These Terms of Offer For Sale and the relationship between You and SELLER shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and SELLER shall be subject to the exclusive jurisdiction of the courts at Pune and You hereby accede to and accept the jurisdiction of such courts.
- ALL LINKED TERMS AND CONDITIONS HERE UNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.