Terms & Condition

Terms and Conditions for Buyer and Seller  -

Last Updated Date: 21- Sep-2017

 

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. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

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 connects /contacts the other party to make a decision to purchase various Products/Services from the Seller on the website located at the URL www.directgharese.in  under the name and style www.directgharse.in (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 offer for sale, acceptance of offer for sale by 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 DIRECTGHARSE which shall be binding on Buyer and Seller, as the case may be.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING or PLACING ANY ORDER OF ANY PRODUCTS.

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.

  1. Offer of Service/Product by Seller and Acceptance of the offer by Buyer

The Seller hereby makes an offer to sell the Products/services listed by Seller on the Website and enters into the bipartite contract for sale of the Product with the Buyer. 'DIRECTGHARSE' is not a third party beneficiary under such bipartite contract.

 You are requested to regularly visit the Website to view the most current Terms of Listing and Selling. It shall be Your responsibility to check these Terms of Sale periodically.

 

  1. Product Offering

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, Sellers are requested to update the offered product and services list periodically.

DIRECTGHARSE has the right to cancel/ remove the posting of a seller in an event of continuous default of more than 5 times of the product /service offered to the buyer on the DIRECTGHARSE platform.

In case of any indecent uploads of pictures or mis-selling /mis- representation/mis interpretation of services /products on the web app/ DIRECTGHARSE platform, DIRECTGHARSE  has right to cancel such listing without any recourse to Buyer and without any liability to the Seller or to DIRECTGHARSE.

 

  1. 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

 

  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.

 

  1. 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.

 

6.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. DIRECTGHARSE is just a facilitator and is not liable to any false representations made by the seller.

  1. The return Policy from seller to seller varies and the buyers are requested to make a note of the policy and place the order only when in consent of the same.

 

  1. DIRECTGHARSE has no obligation or duty towards fulfilment of the order as it is a listing platform. The dispatch time, the loss of goods, the delivery mode and the condition of goods /service are the responsibilities of seller.
  2. Cancellation: 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. However, the same with reasons to have to be communicated to the buyer.
  3. Return Policy:

DIRECTGHARSE is not a party to any of the returns/cancellation of orders by the sellers or buyers. The payment done and received is out of the scope of operations of DIRECTGHARSE and thereby the sellers and buyers are expected to deal it one to one.

 

Terms and Conditions for Buyer:

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 to the third parties which would have earned a commission from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to DIRECTGHARSE and its third parties are not consequential or indirect.

Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered. 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.

Buyer agrees that if the returned Product is not accepted by the Seller then DIRECTGHARSE  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.

Cancellation:

If Buyer's order is so cancelled after payment of certain amount, the seller is liable to return the amount to you directly. DIRECTGHARSE would never accept any payments on the behalf of the seller.

If a seller cancels to deliver any product/service for what so ever reason, Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.

DIRECTGHARSE has no representative /entity who would accept the payment and therefore any such arrangements or payments made by buyer to any person /party will not be under the scope of DIRECTGHARSE

Buyer's Product related complainant for refund or replacement will be handled between the Seller and Buyer and DIRECTGHARSE will not hold any responsibility for the same.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.

Governing Law

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.

Disclaimer by DIRECTGHARSE

DIRECTGHARSE 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 DIRECTGHARSE HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL DIRECTGHARSE 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 TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND DIRECTGHARSE ON THE OTHER HAND.

DIRECTGHARSE 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. DIRECTGHARSE 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 DIRECTGHARSE DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. DIRECTGHARSE ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.

DIRECTGHARSE 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 DIRECTGHARSE 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.

DIRECTGHARSE 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.

DIRECTGHARSE 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 DIRECTGHARSE. 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 DIRECTGHARSE shall not in any manner be held liable for the same.

DIRECTGHARSE 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.

The Seller and Buyer understand and agree that DIRECTGHARSE has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between DIRECTGHARSE  on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

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.