Terms
& Conditions
Offer and Acceptance of
the Product
An offer is made by Sureworks
Infotech Pvt Ltd i.e. Seller to sell the Products listed by them on the Website
and the Buyer hereby accepts such offer upon agreeing to purchase the product. It
must be understood and agreed by the Buyer that the offer made by the Sureworks
for the sale of the Product is not absolute or unconditional. Such offers for
selling are subjected to cancellation by the Seller at any time before the
delivery of the Product to the Buyer and without any obligation to assign or
provide any reason for such refusal and without any consent from the Buyer and any
liability or any obligation towards the Buyer. Accordingly, the contract for
sale of the Product is a bipartite contract between Buyer and the Seller. The Buyer
understands and agrees that Sureworks has the right to cancel any sale transaction,
listing, or acceptance (i) for any reason under the Terms and Conditions,
Website Terms of Use, these Terms of Sale, Privacy Policy, or under any
contract or policy between Sureworks on one hand and the Buyer on the other
hand, or (ii) under an order or instruction from any statutory, quasi-judicial
or judicial authority.
Product(s)
The availability of the
Product under the offer to sell is subjected to change without prior notice
before the purchase of the Product by the Buyer. However, there may be
circumstances where the Product may not be available for delivery after the
purchase transaction. Sureworks has the right to cancel certain orders that the
seller is unable to accept and the cancellation process can be initiated either
by the Seller directly or the Seller can instruct Sureworks to cancel such
orders. The rights to refuse or cancel any order are reserved by the Seller, at
its sole discretion, to refuse or cancel any order for any reason whatsoever.
Some reasons that may result in the Buyer's order being canceled may include
but are not limited to are; non-availability of the Product or quantities ordered
by Buyer or inaccuracies or errors in pricing information. Additional
verifications or information may be required by the seller before processing or
processing any order. Sureworks and The Seller are not liable for any such
cancellation and shall be without any recourse to Buyer.
Concerning the sale of
Product by Sureworks to the Buyer, the Seller hereby represents and warrants to
the Buyer that:
·
Product shall meet the description and
specifications as provided on the Website
·
Products are free from any charge or impediment
in favor of third party
·
Buyer shall have complete possession and
rights of the Products
·
Buyer shall be permitted to all the
warranties and other guarantees applicable to the Product or as generally made
available by the manufacturer or seller of the Product
Pricing Information
The Selling Price of the
Product is subjected to change without any notice before the purchase of the
Product by the Buyer. There may be errors in the Selling Price due to technical
glitches and may be corrected by the Sureworks at any time and any acceptance
of the offer of sale by the Buyer. Products subjected to such faulty Selling
Price, shall not be a valid acceptance and such transaction can be avoided by
the Seller. All prices are inclusive of taxes unless stated otherwise.
Delivery of the Product
Various modes and modals
of delivery are available for the purchased Product to the Buyer, as decided by
the Seller. The seller assures that the Products being delivered are not faulty
and are exactly those Products that are listed and advertised by the Seller on
the Website and purchased by the Buyer and meet all descriptions and
specifications as provided on the Website. Any damage, loss, or deterioration
of the Products during shipping or transit shall be borne by Sureworks and not
on the Buyer.
Verification of Buyer's
shipping address, pin code will be done with the database of Website before a
Buyer proceeds to pay for Buyer's purchase. Buyer must provide an alternate
shipping address on which the Product can be delivered by the logistics service
provider or by the Seller in case the 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.
The dispatch time is an
estimate and NOT GUARANTEED and should not be relied upon as such. Therefore, time
is not the essence of the two-way contract between the Buyer and the Sureworks
for purchase and sale of Product on or through the Website. However, the
Product shall not be delivered to the Buyer unless the payment of the purchase
of the Product has been made.
Delivery of the purchased
Products must be accepted by the Buyer that are said to be in a deliverable
state. The Buyer is liable to the Seller in case the Buyer neglects or refuses
to accept the delivery of the Products ordered by the Buyer, and shall further
be liable to Sureworks for any loss of any fee or charges that Sureworks 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 Sureworks and its third parties are not consequential or indirect.
Upon delivery and full
payment of the price of the Product, the Buyer is deemed to have accepted the
Products and the title in the Products, and other rights and interest in the
Products shall directly pass on to the Buyer from Sureworks. The risk of loss
shall pass on to the Buyer upon delivery of the Product.
Return Policy for
Products
Buyer's Product related
complainant for refund or replacement will the processed under Our Payment
Gateway Policy. However, the Buyer will not be eligible for replacement or refund
in the event of frivolous, false, or baseless complaints regarding the delivery
or quality of the Products.
The Buyer shall
reasonably ensure that the Product's packaging is not damaged or tampered with before
accepting delivery of any Product.
Depending on the nature
and category of the Product, the return process of a Product may be subjected
to additional terms as specified on the website and also intimate about any
such additional terms while purchase of the Product.
The return/replacement
request can be made within the warranty period. The warranty doesn’t include
any physical damages, burnt, or mishandling.
In the event the return
of a product is duly accepted by Sureworks, 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. Sureworks shall have the sole
discretion to determine the mode of reversal from the above options.
Cancellation of
transaction/orders
Cancellation by Sureworks:
Sureworks has the right to cancel certain orders that the seller is unable to
accept and the cancellation process will be initiated by Sureworks directly. The
rights to refuse or cancel any order are reserved by Sureworks, at its sole
discretion, to refuse or cancel any order for any reason whatsoever. Some
reasons that may result in the Buyer's order being canceled may include but are
not limited to are; non-availability of the Product or quantities ordered by the
Buyer or inaccuracies or errors in pricing information. Additional
verifications or information may be required by the seller before processing or
processing any order. Sureworks is not liable for any such cancellation and shall
be without any recourse to the Buyer. However, if Buyer's order is canceled 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. Sureworks shall have the
sole discretion to determine the mode of reversal from the above options. In
case a promotional code given by Sureworks has been used for the purchase of
the Product, the amount under such promotional code shall not be refunded if
such of order has been canceled. The above is the sole remedy of the Buyer and
the sole liability of the Seller and sole responsibility of Sureworks for any
cancellation of the purchase order by the Seller or otherwise other than by the
Buyer.
Cancellation by the
Buyer: Sureworks reserves the right to accept or reject requests for order
cancellations for any reason whatsoever. In case of requests for order
cancellations, Sureworks has to approve the request. As part of usual business practice, if the
order has not been processed and Seller receives a cancellation request then Seller
may cancel the order and refund the entire amount to the Buyer within 7 to 8
business days. However, if the order has already been processed by the Seller
then the Seller will not be able to cancel the orders. Sureworks's decision
regarding the cancellation should be agreed upon and accepted by the Buyer and
not be moved or challenged.
Governing Law
These Terms of Sale shall
be governed under the laws of The States 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 Sureworks
Infotech Pvt Ltd.
Sureworks solely manages
the website to advertise, exhibit, 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 Sureworks
and the buyer. At no time shall Sureworks have any obligations or liabilities
in respect of such contract nor shall Sureworks 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 Sureworks.
These terms of sale shall
not alter or modify any contracts, agreements, terms, or policies between the buyer
on one hand and Sureworks on the other hand.