Terms & Conditions
Designation: Grievance Officer
Email ID: firstname.lastname@example.org
14. FORCE MAJEURE
Habrick will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Habrick’s reasonable control.
19. NODAL OFFICER
Designation: Nodal Officer
Email Address: email@example.com
PART B – TERMS AND CONDITIONS OF SALE ON THE PLATFORM
Welcome to Habrick Platform!
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between the Habrick Limited (“Habrick”, “we”, “us” or “our”) which operates the Habrick Platform, the portal www.habrick.org and its corresponding mobile application (collectively, “Habrick Platform”) and any natural or legal person who accesses and/or uses Habrick Platform in any manner (“you” or “your”) and govern your purchase of the products (“Product(s)” ) from us on or through the Habrick Platform.
1. OUR CONTRACT OF SALE
1.1. Listing and display of a Product by us on Habrick Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Habrick Platform by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Habrick Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
1.8. All orders placed on Habrick Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
2. RETURN AND REFUND
Please review the Returns Policy and Refund Policy of Habrick Platform, which applies to Products sold by us.
3. PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of Habrick Platform. Beyond what we say on that webpage or otherwise on Habrick Platform, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of Habrick Platform will reflect the most recent price as displayed on the Product’s information webpage on Habrick Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
4.3. Product prices, offers and promotions are subject to change from time to time without prior notice. All prices displayed on the website www.habrick.org are inclusive of taxes.
Habrick reserve the right to change the prices of products, services and the availability of the same at our sole discretion. No refunds of orders will be entertained on account of price changes of the product on the website at any point of time.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You 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.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Habrick Platform and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on Habrick Platform only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of 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 Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale 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.
10. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.