Last updated on January 2018
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.Mallify.com and mobile application under the name and style "Mallify" (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
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.
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
Mallify 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
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 Keryx Retail Solutions to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Keryx Retail Solutions. 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. Keryx Retail Solutions shall have the sole discretion to determine the mode of
With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
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.
All prices are inclusive of VAT unless stated otherwise.
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
Buyer's shipping address, pin code will be verified with the database of Website before a Buyer
Please note that there is no guaranteed dispatch time and any information about the dispatch time is
Buyer shall be bound to take delivery of the Products purchased by the Buyer that
Buyer's Product related complainant for refund or replacement will the processed in accordance with
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
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.
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. Keryx Retail Solutions shall have the sole discretion to determine the mode of
Buyer agrees that if the returned Product is not accepted by the Seller then Keryx Retail Solutions shall have the right liquidate or sell those Products and give all the valid title, rights
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 Keryx Retail Solutions 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
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.
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Keryx Retail Solutions in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Keryx Retail Solutions Private Limited to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND KERYX RETAIL SOLUTIONS ON THE OTHER HAND.
KERYX RETAIL SOLUTIONS DOES 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. KERYX RETAIL SOLUTIONS 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
KERYX RETAIL SOLUTIONS 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 KERYX RETAIL SOLUTIONS 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.
Keryx Retail Solutions 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.
Keryx Retail Solutions 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 Keryx Retail Solutions. Prices, Product description
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 Keryx Retail Solutions shall not in any manner be held liable for the same.
Keryx Retail Solutions shall not assume any liability for the non-availability of the Product, delivery of the Product directly