Terms and Conditions for Buyers
1.
These terms and conditions for Buyers (hereinafter
called “T&C” or “T&Cs”) shall be applicable to all the Buyers along
with the “General Terms and conditions” available
at Nayapurana website (hereinafter called “Nayapurana platform” or
“Platform”).
2.
These T&C’s describe the terms on
which a Buyer can avail the Services through Nayapurana Platform. All purchases
on the Platform shall be governed by these T&C’s.
3.
If a Buyer
registers on the platform, he/she acknowledges that they have read these
T&C and give their unconditional acceptance and the agreement to be legally
bound by these T&C’s.
4.
Only those who have created an Account
on the Nayapurana platform shall be eligible for purchase from the platform.
Further the registration on the platform shall be at the sole discretion of the
Nayapurana. Nayapurana reserves the right to cancel/suspend or reject any Buyer
from using the Nayapuran platform at any point of time.
5.
In order to register as Buyer, you will
be required to create a user name and password, and provide such details as
indicated as necessary, including but not limited to the Buyer’s name (or name
of company/ other entity/individual, as the case may be), address, phone number
and email address. This information may be used by Buyer for any future
reference and you accord your consent for usage of such personal information by
Nayapurana or any of its affiliates.
6.
When a Buyer places an order to
purchase a Product from the Platform, the Buyer will receive an e-mail
confirming receipt of the Buyer’s order and containing the details of the
Buyer’s order. The e-mail is acknowledgement that Nayapurana has received the
Buyer’s order on the Platform, and it does not confirm acceptance by the Seller
of the Buyer’s offer to buy the Products ordered.
7.
The risk of loss and title for the
Products shall be that of the Seller until delivery of the Product to the
Buyer. If there is any damage or loss caused to the Product during shipment,
the Seller shall be responsible for the same.
8.
The Platform only facilitates the
purchase of Products. All commercial and
contractual terms for any sale of the Products through the Platform are those
offered by the Seller only. Nayapurana shall not be responsible for the
transaction to be entered into between a Buyer and a Seller.
9.
It shall be the responsibility of the
Sellers to honour the Buyers’ orders. Nayapurana is not responsible, and has no
liability for the genuineness, the quality or completeness of the Products sold
by the Sellers to Buyers, including any delay in the delivery of the Products,
wrongful delivery of the Products, etc., or any offers, discounts or packages
communicated by the Sellers, or for any misconduct or fraud committed by a
Seller or its employees, representatives, etc. Nayapurana cannot be called upon
to provide any guarantee/security with respect to the sale of Products by the
Sellers
10.
Buyers may conduct searches on the
Platform to look for Sellers to order the Products. The results for searches
are derived on the basis of an algorithm which considers various factors,
including but not limited to, the proximity to location from where the order
has been placed, Buyer reviews and feedback, pricing, etc. Alternatively, the
Sellers may be listed on the basis of Buyer-selected search criteria. In either
case, Nayapurana does not have any control over the results of searches carried
out by Buyers on the Platform. The result of any search for Sellers conducted
by Buyers on the Platform shall not be construed as the opinion or preference
of Nayapurana.
11.
Each Buyer represents and warrants that
they shall provide genuine information’s, address, tax registration number,
contact number, feedbacks, review, ratings and comments about the Sellers and
shall not provide information which is not accurate or true. All views and
opinions expressed on the Platform by the Buyers, are those of the individual
Buyers only, and do not in any way reflect the opinion of Nayapurana.
12.
All the information available on the
Platform have been collected from the registered Seller or Buyer. Nayapurana has
not verified and does not guarantee the truthfulness of the credentials any
information
13.
Nayapurana platform provides various
payment modes. The Buyer may at its discretion use such payment mode. Nayapurana
may use certain third-party vendors and service providers, including payment
gateways, to process payments and manage payment card information to the extent
permitted by applicable law. In no case Nayapurana is not liable for any
payments authorized through the Platform using the third party vendor.
14.
The Buyer shall pay the applicable
logistics fees for the logistics services, as communicated from time to time
along with all applicable taxes on the transportation, shipping and delivery of
the Shipment.
15.
All the communication from the platform
shall be sent to Buyer’s registered email address or mobile number only. The
Buyer shall have the access to change such mobile number of Email address
through their user login.
16.
All Returns shall be governed by Return
Policy.
17.
If at any time for any reason the
shipment/order is delayed from the expected time and such delay beyond the
reasonable control Nayapurana than Nayapurana shall be liable for any such
delay or failure. Reason beyond Nayapurana control may include natural disasters,
fire, labour issues, theft, accidents, war, etc.
18.
Nayapurana does not make any
representation or warranty, express or implied, as to title, non-infringement,
merchantability, quality, value, saleability or fitment for a particular
purpose of the Products sold by the Sellers on the Platform.
19.
The Platform does not implicitly or
explicitly support or endorse the purchase of any Products nor do it accepts no
liability for any errors, defects or omissions, and provides no guarantee to
rectify such errors, defects or omissions, whether on behalf of itself or any
third parties.
20.
Nayapurana Platform does not own any
rights or interests in the logos, images, trademark etc. displayed along with
the Product.
21.
We do not serve addresses located
outside India through Nayapurana Platform.
22.
In case of
any conflict or inconsistency between the General Terms and Conditions and
these T&C’s, then the provisions of these T&C’s shall prevail.
23.
Nayapurana shall not be responsible or
liable for any non-performance or breach of any contract between Sellers and
Buyers. Nayapurana cannot, and does not, guarantee that Sellers and Buyers will
perform the transaction(s) as concluded on the Platform. Nayapurana shall not,
and is not required, to mediate or resolve disputes or disagreements between
Sellers and Buyers, as Nayapurana is only a facilitator of the sale transaction
on the Platform.
24.
Should you
object to this policy, any guidelines, or any subsequent modifications thereto
or become dissatisfied with Nayapurana in any way, your only recourse is to
immediately discontinue the use of our platform(s).
25.
All disputes including but not limited
to transportation, shipping and delivery of any Shipment shall be subject to
the jurisdiction of the courts located in the city of Rewari.
26.
The following defined terms shall apply
in these T&C’s:
a)
“Buyer” shall mean
any individual person or entity who buys the Products listed on Nayapurana
Platform.
b)
“Buyer Services” shall mean
any services given through Nayapurana Platform.
c)
“Logistics Partner” shall mean
the logistics service provider onboarded by Nayapurana through a valid contract.
d)
“Seller” shall mean any individual
person or entity who has successfully registered and has received Registration
number to list their products on the Nayapurana Platform.
e)
“Shipment” shall mean any
Product, which will be transported by the Logistics Partner under a single
waybill.