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Online Market Purchase Agreement
Please read this Online Market Purchase Agreement carefully. You (The Purchaser) must agree to these terms in order to access and use the website. If you do not agree to these terms, do not use the website.
This Online Market Purchase Agreement is made effective upon,
The Purchaser/s who agree to buy the product/s enlisted in the Company website www.tafegenuine.com.
The Purchaser /s agrees to purchase the product selected and ordered by the Purchaser/s from the list of products found on the Company website and available with a Seller/ s identified by the Purchaser and agreeable to the Purchaser, at that time of sale, by means of this Online Sales Agreement.
Since the Company is only facilitating the sale for the Sellers by supporting it through its website and enabling a safe payment gateway, the Company shall not be liable for any transaction between the Seller/s and Purchaser/s. Both the Seller/s and Purchaser/s indemnifies the Company from all sale / purchase related issues vide this on-line portal.
The Purchaser declares that the purchase of the product is intended in execution of its commercial activity and the restriction on the sale, number will be applicable only if adequate stock is not available.
All orders which at the discretion of the Company considered fraudulent shall be considered null and void.
This Agreement available on the site should be accurately read by the Purchaser before completion of the product purchase process on this Website.
The Purchaser declares that he/she/it is capable of concluding the purchase when it accepts this “on line sale agreement”.
The Company shall under no circumstances be responsible for verifying the capacity of the Purchaser.
In any event, if any purchase is attempted or concluded by a minor without the permission of the parent or guardian it shall be considered as null and void and the Company may be well within its right to refuse to accept the order.
The terms of this Online Market Purchase Agreement are in addition to and supplement www.tafegenuine.com Terms and Conditions and Privacy Policy posted on the www.tafegenuine.com website. By entering this Online Market Purchase Agreement, you also affirm your agreement to abide by www.tafegenuine.com Terms and Conditions and Privacy Policy. www.tafegenuine.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or rules governing the site at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the www.tafegenuine.com site. Material changes to the Agreement shall be accompanied with a 30 day notice on the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Any sale completed before the modification shall be subject to the conditions of the former agreement, including the price and/or particular promotions.
1. Subject of the Agreement
The purpose of this Agreement is to establish the rights and obligations of the party in relation to the sale of the product by the Seller to the Purchaser and are applicable without any exception to all sales completed on the internet website. This “on line sales Service”, govern by this Agreement, is exclusively available to the sale delivered within Indian territory.
The Company reserves its right to modify this Agreement at any time. However, any sale completed before the modification shall be subject to the conditions of the former agreement, including the price and/or particular promotions.
2. Stipulation of the Agreement
Any transaction through this Agreement can only be conducted through the Company’s Internet Website to the Sellers, by access of the Purchaser to the particulars where, following the indicated procedure, the Purchaser shall be guided to submit the purchase requisite for the products as indicated in the product list.
3. Obligation of the Purchaser
The Purchaser shall pay the price of the products purchased, inclusive or exclusive of the delivery cost as applicable within the time frame and manner indicated in the process. On completion of the On Line Purchase procedure, the Purchaser shall be free to print and/or keep the terms and conditions for future reference and records.
The Purchaser is strictly prohibited from uploading false, invented or fictional details and the e-mail and the detail should be actual and real personal details of the Purchaser.
4. Conclusion and Validity of the Agreement
The Agreement is subject to be concluded and on completion of the requisite form and the express content by the Purchaser to purchase the product.
The Order summary will contain the detail of the Purchaser and the order, the price of the product purchased, the quantity, the delivery cost, the delivery/applicable accessory cost, the procedure and terms of payment, the delivery price of the goods and communication of the right of recession.
When the Seller receives the order from the Purchaser, it sends a printed confirmation e-mail with the summary of the order and all the details to the Purchaser at the ID specified by the Purchaser.
This agreement is set to be concluded between the Seller and the Purchaser, if the Purchaser consents to the same. However, the ownership of the product shall rests with the Seller until full payment by the Purchaser of the products price including delivery cost, taxes and accessory costs remains unpaid.
By submitting the Order the Purchaser declares that he/she/it has read the modifications, printed during the purchase procedure and is fully in acceptance of the Agreement. This agreement shall not be valid if the above terms are not adhered to.
5. Price
The price of the product available for sale on the Website are applicable only within the context of “On Line Sale” and could defer from the retail price or the average market price applicable for such product.
The sale price for the product displayed and indicated on the Website are in Indian Rupees and constitute and offer to purchase to the Public.
The sale prices are inclusive of taxes. Discounts if any during season or as decided by the Company will be displayed in the catalogue. The tax will be calculated at source as per the GST.
The delivery cost and any accessory cost (where applicable) shall be indicated and calculated in the purchase procedure before submission of the order by the Purchaser.
The Company is entitled to make changes to the product sale price, delivery costs and any accessory cost at any time without notice. However, any order received before the change in price shall be charged at the value previous prevailing price.
6. Mode of Payment
(a) Every payment made by the Purchaser can only be made in one of the following method:-
(1) On line credit card payment /debit card payment or cash on delivery
(i) If payment is made by Credit Card, the Purchaser authorizes the Seller through the Company’s website to use the details of the Credit Card and debit the same with the value of the goods including taxes and bank charges if any. All payments shall be made in Indian Rupees.
(ii) The Seller shall send the invoice and the physical receipt of the product purchased which shall provide the details given by the Purchaser. Once the receipt is processed no change is possible. Hence the Purchaser shall carefully verify the detail before submission of the Order. The Company shall in no way be bound by any statement made by the Purchaser in the submission of the Order.
(2) Any refund to the Purchaser shall be done within 7-10 working days through any one of the procedure proposed by the Company through its website and as per the terms of the facilitator who is governed by the rules of the RESERVE BANK of INDIA and chosen by the Purchaser.
In the event Purchaser receives a defective product or a product that does not comply with the specifications as per the original order, Purchaser is required to visit the My Orders in My Account section in the Progressive Web App or the Website, open the specific order and raise a return request.
Upon receiving the complaint, the respective Seller will contact the Purchaser and confirm the authenticity and the nature of the complaint after which Purchaser will be requested to bring back the product to the related Seller within 2 days from receipt of such notice.
Once the Products are received they will be subjected to verification and checks by the respective Seller in order to determine the legitimacy of the Complaint/Return. After the genuineness of the return is confirmed by the Seller, the Purchaser is required to either Request for a Replacement or Request for a Refund.
In case of Request for a Replacement the Seller will communicate to purchaser the Estimated Time of Delivery and Mode of Delivery of the replacement product.
In case of Request for Refund, the respective seller will credit the refund amount either through Online transfer to the Purchasers account or by providing the Purchaser a cheque/cash in this regard. In case of refund by online account transfers, purchaser will receive the refund amount within 7-10 Business days.
In order to return any products sold through the Company’s Website, the Purchaser is required to comply with the below mentioned conditions, viz:
(a) Reversal of the sum paid
(i) In case of Cash payment, full amount apart from delivery charges will be refunded.
(ii) In case of online payment, full amount will be refunded within 7-10 days from date of initiating refund.
(b) Redeemable voucher in future purchase made
(c) Adjustment if more than one product is purchased by the same Purchaser through this website and due for delivery on the same date.
(d) Refund shall be credited within 7-10 days from acceptance by the Company/ payment facilitator.
All communications related to payment takes place through a special Company line / payment portal authorized by the Company for the purpose, protected by means of an encryption system. The Company guarantees the confidentiality of this information through compliance with all applicable laws on protection of personal data.
7. Product Availability
The products displayed in the Website / catalogue are available when published and within the limit of the stocks available. The Seller processes and issues the order received in the shortest possible time, depending on the work load and the stocks available.
If there is totally or partially unavailability of the product after submission of order by the Purchaser, the Purchaser will be informed immediately of the unavailability and shall have the option to totally or partially cancel one seller or defer order using the most priority means.
In the case of total cancellation of the order
(a) The Purchaser shall be informed of the total cancellation
(b) The Seller shall reverse the sum paid by the Purchaser for such an order within 7-10 working days.
Cancellation Process:
a) Cancellation by Purchaser
In case Purchaser wants to cancel the Orders placed, it can be done only till the Seller generates the invoice. Thereafter cancellation will not be possible and the Purchaser will need to contact customer care for further information.
Seller does not accept partial order cancellation requests. Cancellations of one/few products in an order is not possible. Cancellation is applicable to the whole order (All Products in the Order). If one order has products from multiple sellers, then Purchaser will be permitted to do a partial cancellation of all products pertaining to one Seller. The remaining part of the order from the other Seller/s will be valid.
In case the Purchaser’s cancellation request is accepted by the Seller, then the respective Seller will credit the refund amount either through Online transfer to the Purchasers account or by providing the Purchaser a cheque/cash in this regard. In case of refund by online account transfers, purchaser will receive the refund amount within 7-10 Business days.
b) Cancellation by Tafegenuine.com
There may be certain orders that Tafegenuine.com may not be able accept, and therefore, Tafegenuine.com reserve the right, at the Company’s sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by the Company’s fraud avoidance cell or any other genuine issue which Tafegenuine.com identifies for not accepting the order.
Tafegenuine.com also reserve the right to ask for additional information for accepting orders in certain cases. Tafegenuine.com will notify Purchaser in case order has been cancelled or if any additional information is required to accept the order.
8. Delivery of Goods
The product ordered shall be delivered to the price indicated by the Purchaser as an order delivery price. The ordered goods shall be sent within the regular delivery time. If the product is temporarily unavailable the period can be extended but would not be more than 10 days from the date of submission of the order by the Purchaser
No delivery shall be made outside the Indian Territory.
The Purchaser may cancel an order after informing the Company before the delivery but cannot do so after dispatch.
The delivered product shall be delivered to the Transporter/Courier without defect.
The Company / Seller shall not be responsible for in-transit damage unless the delivery report indicates that the goods were delivered damaged, or accepted subject to verification.
Any Complaint shall be sent to the e-mail ID mentioned in this website www.tafegenuine.com within 24 hours.
9. Limitation of Liability
The Company shall not be held responsible for any force majeure event.
It shall not be responsible for mal function resulting from the use of the internet. The Company shall not be responsible for fraudulent and illegal use of credit cards or other means of payment and wrongful information uploaded on its website. If payment is made by the Purchaser, using a credit card and if the payment is not being processed by the Purchaser’s bank, the Company shall not be held liability for any such delay, unless the Purchaser proves that the cause for nonpayment lies with the bank of the Company.
10. Right of Rescission
The Purchaser shall be entitled to rescind this agreement without incurring any penalty within 10 working day excluded from the date of receipt of purchase item under the following circumstances.
(a) The product supplied is not in accordance with the Purchase order
(b) The quality of the product will not as indicated in the catalogue.
(c) The dimension and fittings indicated in the catalogue were marked the correct information for the product.
(d) Short fall in quantity.
(e) The delivery of the product has not been done within the time agreed during the order confirmation.
In all the above circumstances, the Purchaser while deciding to exercise his right, shall inform the Company by registered letter with acknowledge due to the address at 77, Nungambakkam High Road, Nungambakkam, Chennai, Tamil Nadu 600034 or by sending a mail to the support@tafegenuine.com within 48 hours of the issue arising.
The return of the product shall take place within one week. However, to be entitled to full reimbursement of the purchase price paid, the product should be returned in full preservation including box, package, parcels and all the pockets in general and the invoice.
The Purchaser shall be liable for return of delivered goods. The Purchaser shall be reimbursed by the Company without any charge within 30 days from receipt of notice of cancellation.
The Purchaser thereafter shall not have any right for future damages or costs against the Company.
In the event of any of the above happenings the parties agree that default by the Purchaser of even one of these obligations would result in legal termination of this agreement without recourse to the Courts.
11. Data Protection and Processing the Personal Data of the Purchaser/s:
All data collected, including personal& billing data shall be done within the data processing regulations in India. The same is gathered only for the purpose of registering the order, activation, fulfilment of any legal obligation and completion of the service requested by the Customer.
The information will be used and processed in a confidential manner for purposes for which it was gathered and shall not be transmitted to any person / entity not authorized to receive it. It shall be disclosed on a need to know basis only to the persons authorized to execute the service. Data shall be retained only for the time necessary for the completion of the purpose for which it was gathered. Every order submitted by the Customer is saved in digital / paper format on the server of the Company.
12. Website Usage and Compliance:
Communication:
By using the Company’s website, it is deemed that the Purchaser have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from us at any time with the use of the telephone number and e-mail address that has been provided by the Purchaser for the use of this website which are subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the Company and its partners.
The Purchaser consents to receive SMSes from us at any time in accordance with the TRAI rules. The user can opt out from such communication and/or newsletters either by unsubscribing on the website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to support@tafegenuine.com.
The sharing of the information provided by the Purchaser will be governed by the Privacy Policy and the Company will not give out such contact information to third parties not connected with the website.
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, “the Comments”) shall be and remain the property of the Company. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any comments, and publish, display and distribute any comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any comments in confidence; or (ii) pay compensation for any comments; or (iii) respond to any comments. The Purchaser agree that any comments submitted by the Purchaser on the Site will not violate the Terms of Use or any right of any third party, and will not cause injury to any person or entity. The Purchaser further agree that no comments submitted by the Purchaser on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any comments submitted on the Site. The Purchaser hereby grants the Company the right to use names that the Purchaser submits in connection with any comments. The Purchaser agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments the Purchaser submits. The Purchasers are, and shall remain, responsible for the content of any comments the Purchaser makes and the Purchaser agrees to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any comments the Purchaser submits.
The web-site may contain cookies that may be used to identify logged in or registered users. The Purchaser may visit the website of the third party and choose to opt out of the use of cookies for interest-based advertising, if the third party offers such an option.
The website also has enabled the Google Analytics Advertising, which allows Google to collect data about users on our website, in addition to Google advertising cookies and anonymous identifiers. The Purchaser may choose to opt out of this also.
CHANGING THE PURCHASER PROFILE:
Following registration, the Purchaser can review and change the information the Purchaser submitted at the stage of registration, except the Purchasers mobile number.
If the Purchaser believes that any information given by the Purchaser is incorrect or incomplete, or to remove the Purchasers profile so that others cannot view it, the Purchaser shall write to No 77, Nungambakkam High Road or email the Company at the earliest, at support@tafegenuine.com. The Company shall promptly correct any information found to be incorrect.
However such information is never completely removed from the Company’s databases due to technical and legal constraints, including stored 'back up' systems and will be used only in circumstances such as, to resolve disputes, troubleshoot problems and enforce the Company’s terms and conditions.
13. Amendment:
The Company is entitled to make changes to this agreement at any time through publication of the updated version, time and again on its web-site www.tafegenuine.com
Any new clause shall apply to only those sales made after the publication of the updated version / amendments.
14. Applicable Law:
This agreement shall be governed by the laws of India.
15. Jurisdiction:
The Parties agree to the exclusive jurisdiction of Chennai Courts and no other courts will have jurisdiction.
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