Last updated on August 19, 2021
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 Innovogue technologies WHERE WE HAD MADE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED ON THE WEBSITE.
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.trafder.com is referred to as "Buyer". These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website. These Terms of Sale also contains certain statements and disclaimers made by Innovogue technologies ("INNOVOGUE TECHNOLOGIES") which shall be binding on Buyer, as the case may be. Sometimes both Buyer and vendor are collectively referred to as "You" with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence Buyers are requested to carefully read these Terms of Sale from time to time 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.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.
1. Product(s)
1.1 Innovogue technologies 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 filed out IP Infringement Notice via email to info@hatchpro.in. Any incomplete or improperly filled out document may not be considered.
1.2. 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, we may cancel purchase transaction without any recourse to Buyer and without any liability to INNOVOGUE TECHNOLOGIES. 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. INNOVOGUE TECHNOLOGIES shall have the sole discretion to determine the mode of reversal from the above options.2.3.With respect to the sale of Product by us to the Buyer.
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 Innovogue technologies;Product shall meet the description and specifications as provided on the Website.
2. Pricing Information
2.1 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 Vendor. Due to technical reasons there may be errors in Selling Price which may be corrected by the us 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 us, not be a valid acceptance and such transaction can be avoided by the us.
2.2 All prices are inclusive of GST unless stated otherwise.
3. Delivery of the Product
3.1 There are various delivery models for delivery of purchased Product to the Buyer, as decided by the us. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the us and not on the Buyer.
3.2 Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider.
3.3 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 logistics partner for purchase 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.
3.4. 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 for such non-acceptance and shall further be liable to INNOVOGUE TECHNOLOGIES for any loss of any fee or charges that INNOVOGUE TECHNOLOGIES and its third parties shall have earned if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to INNOVOGUE TECHNOLOGIES and its third parties are not consequential or indirect.
3.5. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer 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.
4. Return Policy for Products
4.1 Buyer's Product related complainant for refund or replacement will the processed in accordance with the TrustPay Policy of No Question asked 7 days return policy.Buyer agree to this TrustPay Policy. 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.
4.2 Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
4.3 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 us at the time of purchase of the Product.
4.4 In the event the return of a Product is duly accepted, 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. INNOVOGUE TECHNOLOGIES shall have the sole discretion to determine the mode of reversal from the above options.
4.5 Buyer agrees that if the returned Product is not accepted, INNOVOGUE TECHNOLOGIES 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) to any third party to whom those Products are sold.
5. Cancellation of transaction / orders
5.1 Cancellation by Innovogue technologies: There may be certain orders that Innovogue technologies is unable to accept and has the right to cancel such order. 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. Innovogue technologies 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 INNOVOGUE TECHNOLOGIES. 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. INNOVOGUE TECHNOLOGIES shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by INNOVOGUE TECHNOLOGIES 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 responsibility of INNOVOGUE TECHNOLOGIES for any cancellation of the purchase order or otherwise other than by the Buyer.
5.2 Cancellation by the Buyer: In case of requests for order cancellations, We reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if we receives a cancellation notice and the order has not been processed, we may cancel the order and refund the entire amount to Buyer within a reasonable period of time. we will not be able to cancel orders that have already been processed. Buyer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
5.3 Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by INNOVOGUE TECHNOLOGIES in relation to the Product for which the order has been cancelled by the Buyer, Buyer agrees and authorizes Innovogue technologies to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
6. Governing Law
6.1 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.