Conditions of Sale
Update Date: September 20, 2018
THESE STANDARD CONDITIONS OF SALE (“CONDITIONS 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 CONDITIONS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE CONDITIONS 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 CONDITIONS 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 Conditions 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 www.poulmart.com and mobile application, if any, Â under the name and style “POULMART” (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 Conditions of Sale describe, inter alia, the conditions 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 Conditions of Sale also contains certain statements and disclaimers made by Vamcor Technologies Private Limited (“Vamcor Technologies”) 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.
- Conditions Relating to the Sale of Products
This section deals with conditions relating to the sale of products on the website www.poulmart.com.
- Â Our Contract
- Product Availability and Delivery
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 Vamcor Technologies Private Limited to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Vamcor Technologies Private Limited. 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. Vamcor Technologies Private Limited shall have the sole discretion to determine the mode of reversal from the above options.
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. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
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 Vamcor Technologies Private Limited for any loss of any fee or charges that Vamcor Technologies Private Limited 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 Vamcor Technologies Private Limited and its third parties are not consequential or indirect.
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.
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.
- Cancellation of Order
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 Vamcor Technologies Private Limited 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 Vamcor Technologies Private Limited. 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. Â Vamcor Technologies Private Limited shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Vamcor Technologies Private Limited 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 Vamcor Technologies Private Limited for any cancellation of the purchase order by the Seller or otherwise other than 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.
In case the Buyer has availed any benefit under any marketing or promotions provided by Vamcor Technologies Private Limited in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Vamcor Technologies Private Limited to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
Due to the nature of the products sold, returns are to be handled with the seller/supplier in case of any disputes. You agree that we only act as facilitators of the transaction and any disputes regarding the products quality is between the buyer and seller/supplier of the product.
We will release the payment to the seller/supplier only after the ordered items have been dispatched by the seller. Usually the payment is released to the seller/supplier after two to ten days of receiving the payment but only after the ordered items have been dispatched.Â Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging, if any, is not damaged or tampered and the product quality is as per the specifications.
While, we make every effort to help resolve the dispute between the buyer and the seller, please note that if the items are opened, un-boxed or packing is opened, it may not be returned. Any items with manufacturing defects may be replaced by the seller or the payment amount for such items refunded. It is advised that buyers of products on Poulmart.com may inform us at the earliest about any damage preferably when accepting the delivery along with photographs/pictures clearing showing the damage and proof of delivery, and order receipt/bill copy. Any damage reportedÂ SIX HOURSÂ or more after the delivery has been taken shall be reported to the supplier but the supplier has the right not to entertain such delayed request.
Once the proof of damage is shown to the supplier and is accepted by the supplier, buyer must ship the damaged good back to the supplier with two working days and send the LR or shipping receipt to Vamcor Technologies Pvt Ltd. or directly to the sender. Any replacement, partial or full refund for the damaged good, if any, will be initiated by the supplier only after the receipt of the good into the warehouse of the supplier. The replacement or refund will be initiated within seven days from the receipt of the goods by the seller as the seller needs to complete the review of the damaged goods before initiating the replacement/refund process.
The return process of a Product may be subject to additional terms and conditions depending on the nature and category of the Product. Any such additional terms and conditions 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 or any negotiated value as agreed between the Buyer and the Seller, 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. Vamcor Technologies Private Limited shall have the sole discretion to determine the mode of reversal from the above options.
We will release the payment to the seller/supplier between two to ten days of receiving the payment but only after the items have been shipped to the buyer. Any dispute regarding the product type, quality or quantity is between the buyer and seller and must be settled or negotiated bilaterally and Poulmart.com or Vamcor Technologies Private Limited may not have any role to play in the settlement except our assistance in good faith.
- Pricing Information
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 exclusive of Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise. Any applicable taxes will be shown separately in the order details. If the taxes are included in the price of the product, it will be explicitly mentioned during the purchase.
Buyer Â shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc.
- Health & Safety
Many of the products sold on poulmart.com like raw material, feeds etc are for consumption by the poultry. While we make efforts to assess the quality, any disputes arising out of the use of such products due to the quality of the product delivered, must be handled between the buyer and the seller/supplier of the products. If informed by the buyer of the products, we shall promptly suspend the sale of such product on our site, and may block the seller for further selling on our platform, after our independent investigation confirms the issues raised by the buyer.
Use of Poulmart.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of poultry livestock profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
- Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Panchkula, Haryana.
- Disclaimer by VAMCOR TECHNOLOGIES PRIVATE LIMITED
VAMCOR TECHNOLOGIES PRIVATE LIMITED’S 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 VAMCOR TECHNOLOGIES PRIVATE LIMITED HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL VAMCOR TECHNOLOGIES PRIVATE LIMITED 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.
THESE CONDITIONS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND VAMCOR TECHNOLOGIES PRIVATE LIMITED ON THE OTHER HAND.
VAMCOR TECHNOLOGIES PRIVATE LIMITED 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. VAMCOR TECHNOLOGIES PRIVATE LIMITED 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 VAMCOR TECHNOLOGIES PRIVATE LIMITED DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. VAMCOR TECHNOLOGIES PRIVATE LIMITED ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
VAMCOR TECHNOLOGIES PRIVATE LIMITED 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 VAMCOR TECHNOLOGIES PRIVATE LIMITED 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.
Vamcor Technologies Private Limited 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.
Vamcor Technologies Private Limited 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 Vamcor Technologies Private Limited. Prices, Product description and availability of the Product are Seller’s responsibility.
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 Vamcor Technologies Private Limited shall not in any manner be held liable for the same.
Vamcor Technologies Private Limited 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.