The contents of the "Terms and Conditions" is an agreement between Cart2india Online Retail Private Limited and the "customer" executed on the date of the first or every transaction. The use of Cart2india website and/or the purchase of goods/services offered by Cart2india on www.cart2india.com or any other marketplace where Cart2india displays its offers explicitly constitutes the acceptance of "Terms and Conditions" by you, the "customer". Please read them carefully. In addition, when you use any current or future Cart2India.com service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Cart2India.com, whether or not included in the Cart2India.com web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Cart2India. By using the shopping services of Cart2India you agree to be bound by these terms and conditions. All products/services and information displayed on Cart2India constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Cart2India reserves the right to accept or reject your offer at any time or under any circumstances.
"Cart2India.com" / "Cart2India" / "website" means the online shopping platform and the services provided by it and its affiliates, which provides a venue / platform to the Users of Cart2India to buy the products listed on Cart2India.com.
"Vendor" / "seller" /"affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the Cart2India platform / website.
"Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Cart2India by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit Cart2India or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Cart2India has made this service available to use as a matter of convenience. Cart2India expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Cart2India also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cart2India does not warrant that this site, its servers, or e-mail sent from Cart2India are free of viruses or other harmful components. Cart2India will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Cart2India is provided on an "as is" basis without warranties of any kind, whether express or implied. Cart2India does not represent or warrant maintaining the confidentiality of information; although Cart2India's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor.
Cart2India does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
Cart2India will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Cart2India assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
User agrees and acknowledges that User shall be solely responsible for User's conduct and that Cart2India reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Cart2India, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Cart2India sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Cart2India therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Cart2India shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Cart2India.
Notwithstanding anything contained herein, Cart2India acts only as a platform to facilitate transactions between the Users/buyers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various brands of products and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the manufacturing brand is not able to service the order of the User for any reason or any misrepresentation of any sort by the brands. In no event shall Cart2India, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Cart2India and orders can be cancelled if the product goes out of stock with the Vendor/Seller.Cart2India reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Cart2India the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Cart2India will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Cart2India for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Cart2India on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Cart2India is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Cart2India. Cart2India does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of Cart2India Shopping are being offered free. However, Cart2India reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Cart2India and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Use of the Cart2India website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Cart2India website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Cart2India website and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the Cart2India website or can use the Cart2India website as a Guest User. Cart2India reserves the right to terminate your registration and refuse to provide you with access to the Cart2India website if it is brought to Cart2Indiaâ??s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo / image of Cart2India on the home page of the website & other pages and as used in the communication to the User is registered by Cart2India and cannot be used or communicated or distributed without the specific and written permission of Cart2India.
License and Site Access Cart2India grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Cart2India gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cart2India. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cart2India.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Cart2India's name or trademarks without the express written consent of Cart2India. Any unauthorized use terminates the permission or license granted by Cart2India. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Cart2India as long as the link does not portray Cart2India, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Cart2India logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Cart2India does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Cart2India only with involvement of a parent or guardian or otherwise, Cart2India has the right to cancel any order or service to the User. Cart2India and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Cart2India and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Cart2India is associated with various business partners for the supply and service of goods directly to the customers. Cart2India is a platform for sale of products from various manufacturers. The after sales service and warranty for the products sold by Cart2india, as duly applicable, for the respective products, will be taken undertaken and handled by the Brands through their respective service centres.
Reviews, Comments, Communications, and other Contents Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cart2India reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Cart2India and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cart2India and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cart2India or its affiliates for all claims resulting from content you supply. Cart2India has the right but not the obligation to monitor and edit or remove any activity or content. Cart2India takes no responsibility and assumes no liability for any content posted by you or any third party.
Claims against Objectionable Content
Cart2india.com website displays millions of products for sale offered by various suppliers across countries on the website and hosts many thousands of comments, it is sometimes not possible for us to be aware of the contents of each product listed for sale by our suppliers, or each comment or review that is displayed since all our product listings are curated and controlled by our international supplier. Accordingly, Cart2india.com operates on a "notice and takedown" basis. If you believe that any product or content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or products that require special documentation/prescription or products and content that are restricted for sale/distribution or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content :
If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined in the section above, please notify us immediately by copying the Notice to Cart2india.com of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or a soft copy to the addresses mentioned below.
E-mail PDF: email@example.com
Subject Line: Claim of Objectionable Content
Or mail us at :
Cart2india Online Retail Private Limited
No.76, Victoria Road
Please note that this procedure is exclusively for notifying Cart2india.com of Objectionable Content on or advertised for sale on the Cart2india.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to Cart2india.com may result in civil and/ or criminal liability.
Once this procedure has been followed, Cart2india.com will make all reasonable endeavours to contact the supplier/vendor who has uploaded the content and remove such Objectionable Content complained about within a reasonable time.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Cart2India, Cart2India may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:
Risk of Loss All items purchased from Cart2India are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer./p>
Product Description Cart2India and its affiliates attempt to be as accurate as possible. However, Cart2India does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cart2India itself is not as described, your sole remedy is to return it in unused condition.
Pricing Except where noted otherwise, the Selling Price/MRP/MOP/List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Priceprice may represent "open-stock" prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
Customs Clearance and Invoicing (NOT APPLICABLE After 1st June 2017)
For all imported orders purchased by our customer on www.cart2india.com or any other marketplace in India where Cart2india displays its offers, Cart2India facilitates the import of the product on behalf of the customer. Cart2india transfers the title of the goods to the customer in the course of Import.
By placing the order with Cart2india, the customer explicitly gives Cart2india the authority to:
i) Appoint a customs clearance agent to process customs clearance on the customer's behalf.
ii) Reimburse customs duty paid to the customs clearance agent on behalf of the customer.
The consignee will receive the following three receipts:
i) SICOI invoice that states the value at which the title was transferred to the customer.
ii) Customs Duty Receipt for the customs duty paid at actuals.
iii) Service charges invoice.
Customs Clearance and Invoicing (APPLICABLE 1st June 2017 onwards)
For all imported orders purchased by our customer on www.cart2india.com or any other marketplace in India where Cart2india displays its offers, Cart2India imports the product and resells the product to the customer in India. The customer will receive a GST invoice from Cart2india.
Material Submitted by Users Certain elements of the site will contain material submitted by users. Cart2India accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.
Advertising Material Part of the site contains advertising/other material submitted to Cart2India.com by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Cart2India will not be responsible for any claim, error, omission or inaccuracy in advertising material. Cart2India reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
Indemnity You shall indemnify and hold harmless Cart2India, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
Force Majeure Cart2India shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Arbitration If any dispute arises between you and Cart2India during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Cart2India. The place of arbitration shall be Bangalore, Karnataka. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Applicable law The laws of India shall apply and courts in Bangalore, Karnataka shall have jurisdiction in respect of all the terms, conditions and disclaimers. Cart2India reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Entire Agreement These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.