In these Terms of Sale, a User(whether guest user or registered user) who purchases various Products (as defined below) from the Seller on the website located at the URL and mobile application under the name and style ""Himanshfashion.com"" (the Website) is referred to as ""Buyer"" and the Seller is referred to as in the name and style ""Himanshfashion.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, make available, market, sell and deliver under the terms of offer for sale, acceptance of 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 contains certain statements and disclaimers made by Himanshfashion.com (""HF"") which shall be legally binding on both, the Buyer and the Seller, as variations and cognate expression/ s.
These “Terms of Sale” are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read and make themselves aware of these Terms of Sale from time to time before listing any Product/ s or before making any purchase of the Product/ s. 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. 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 the Buyer should also check Additional Terms of Sale of the Seller on the Product listing/ s. 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/ s of sale of Product are governed by the description and specifications of the Product, terms of warranties as and when 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 the 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 when 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 Himanshfashion.com to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Himanshfashion.com. 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. Himanshfashion.comshall 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:
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 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 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 The 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 Kindly 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 Himanshfashion.com for any loss of any fee or charges that Himanshfashion.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 Himanshfashion.com 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 The Buyer's Product related complainant for refund or replacement will the processed in accordance with the Policy available at http://www.Himanshfashion.com Both Buyer and Seller agreeing to this Payment 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 and/ or tampered.
5.3 The return process of a Product may be subject to additional terms and/ or condition/ s depending upon the nature and category of the products. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Products.
5.4 In the event, when 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. Himanshfashion.com 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 Himanshfashion.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.
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. This can be either done by the Seller directly or Seller can instruct Himanshfashion.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 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 from the Buyer. All such cancellations shall be without any recourse to the Buyer and without any liability to the Seller or to Himanshfashion.com. If Buyer's order is so cancelled, after the payment has been processed, the said amount shall 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. Himanshfashion.com shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Himanshfashion.com 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 Himanshfashion.com 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 the Buyer within a reasonable period of time, as deemed suitable by the Seller. Seller will not be able to cancel orders that have been processed by the Seller. Here, the Buyer agrees not to dispute the decision made by the Seller and accept the 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 Himanshfashion.com in relation to the Product/ s for which the order has been cancelled either by the Buyer or the Seller, the Seller agrees and authorizes Himanshfashion.com to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Terms of sale
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 Himanshfashion.com
8.1 Himanshfashion.com’s role is that of an intermediary in the form of an online marketplace or a buyer-seller platform, and is limited to managing the website so as to enable the Seller to exhibit, advertise, display, make available and offer to sell the products and the Buyer to purchase the products so offered, and other incidental services to facilitate the transactions between the Seller/ s and the Buyer/ s. Accordingly, the contract for sale of any of the products shall be a bipartite contract between the Seller and the Buyer. At no time shall Himanshfashion.comhave any obligations or liabilities in respect of such contract nor shall Himanshfashion.com 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 the Seller on one hand and Himanshfashion.com on the other hand.
8.3 Himanshfashion.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by the Seller/ s accessible through the website or any linked sites. Himanshfashion.com 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 merchantability, 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 Himanshfashion.comdoes not accept any responsibility for the same. Himanshfashion.com also does not accept any responsibility for the usage of the products by the Buyer.
8.4 Himanshfashion.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and that Himanshfashion.com shall not assume any liability, if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation order.
8.5 Himanshfashion.com 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 Product/ s.
8.6 Himanshfashion.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 Himanshfashion.com. Prices, Product description and availability of the Product are purely the 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 Himanshfashion.com shall not in any manner be held liable for the same.
8.8 Himanshfashion.com.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.
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