These terms of offer for sale [“Terms of Offer for Sale”] between “ Woogy Cars” [Hereinafter referred to as the “Firm”] and the users of the Website [You or Your or Yourself or Purchaser or User] describe inter alia, the terms of offer for sale, purchase of goods and services on the Website, www.Woogycars.com [Website].
PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1. This website is s platform that facilitates the online booking and purchase of cars, its accessories, insurance and financial products like car loans etc [Products] and other services [“Services”] offered by the Firm’s various registered merchants/vendors/service providers [Vendor/s]. The vendors are the sellers of the products and services on the Website and will be solely responsible to the purchaser for the products sold through the Website by the Vendors. The Purchaser shall take all responsibility for his own actions in purchasing the products and services by the purchaser from the vendors and Firm shall not be liable for any such action.
2. The Purchaser acknowledges that the products or services being offered or displayed on the Website are not owned by the Firm as the Firm is only an inter mediator between the purchaser and the vendors. Orders of products and services are solely processed, transmitted and delivered by the respective vendor who has the final right of accepting or rejecting the orders. The Firm, being an aggregator, shall not be liable for any such action.
3. The purchaser acknowledges that the Firm has the right to change or discontinue any product or services at any time, without notice. The purchaser further acknowledges that the Firm may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that the Firm may make to the products or services. The purchaser agree that the Firm shall not be liable to the purchaser or to any third party for any modification, suspension or discontinuance of any aspect of the product or services.
1. The Firm through the website make available a variety of products of the Vendors at an agreed price to the purchaser. Purchase of such product/s will be subject to the Terms of Offer For Sale and such other additional terms as specified by the Vendor/s.
2. The Vendors offer shipping for all the products on the website as per their policy, which may be changed by them without any notice to the purchaser. The Firm, being an aggregator, shall not be responsible for any shipping of the product/s.
3. All the products are governed by the terms of warranties provided by the respective manufacturer/brands/vendors. However, in case any Product/Service is covered under seller warranty, it shall be specifically mentioned under the product details given by the respective Vendor.
4. The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (MRP) ie the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the Products and / or on its packaging in accordance with applicable laws.
5. In the event of purchase of electronic product/s from the Vendor, the Firm shall not be liable for any fault arising from these electronic product/s. The purchaser is requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic products. In case if there is no service station located close to the purchaser, then, in such circumstances, the Firm shall recall the product/s upon the purchaser’s request and send it to the service station on the purchaser’s behalf. The personnel of service station shall directly get in touch with the purchaser for the cost incurred.
6. The Firm does not offer any refunds against any products already purchased from the website unless any error has occurred during the purchase of such product which is directly attributable to the Firm.
1. The purchaser should take all responsibilities for his own actions in utilizing the services purchased and the Firm shall not be liable for any such action.
2. The Purchaser represents that he shall be of legal age to form a binding a contract with the Vendor and is not a person barred from receiving services under the laws as applicable in India.
3. The Purchaser confirm that the Firm shall not be responsible for any deficiency in payment of consideration payable towards the Services purchased from the website.
4. The Firm does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase of such Services which is directly attributable to the Firm.
4. PRICING INFORMATION:
1. The Firm strives to provide the purchaser with the best price possible on products and services buy or avail from the Website. However, the Firm does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to the Purchaser.
2. While the Firm strives to provide the Purchaser accurate products, services and pricing information typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, the Vendor may, at its discretion, either contact the purchaser for instructions or cancel the Purchaser’s order and notify the purchaser of such cancellation. The firm and /or the Vendor will have the right to modify ther price of the product or service and contact the purchaser for further instructions via email address provided by the purchaser at the time of registration, or cancel the order and notify the purchaser of such cancellation. If the vendor cancels the order after the payment has been processed, the said amount will be remitted by the vendor to the purchasers account from the which the payment was made.
3. The Firm strives to provide the products such as cars and its accessories at discounted rates and the discounts are subject to the availability of the products and demand, and the firm has an absolute discretion on it to decide the rate of discount and also to discontinue the same.
4. In fact the firm is not collecting any payment from the purchaser and the money transaction is between the vendor and the purchaser.
5. DELIVERY OF THE PRODUCT
1. The purchaser’s shipping address, pin code will be verified with the database of the Firm before the purchaser proceed to pay for the purchase. In the event case the order is not serviceable by the Firm’s delivery partners or the merchant or the area is not covered, the firm would request the purchaser to provide an alternate shipping address which is expect to have on the Vendor’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by the vendor, in such cases the firm will not be responsible for the non- delivery of the product or service. The vendor do not deliver items internationally. However, the purchaser can make purchases on the website from anywhere in the World but the same time ensuring the shipping address is within in India.
2. In case the purchaser book multiple order for the products and services in one transaction, the vendor would endeavour to ship all the products together. However, this may not always be possible due to some product characteristics and /or logistics issues. In the case of multiple product purchase in single transaction, then all the products would be dispatched to a single shipping address provided by the purchaser. If the purchaser wish to ship products to different addresses, then the purchaser should book the orders separately based on the delivery addresses.
3. The delivery of the goods and services is exclusively by the Vendor/ and the firm is not delivering any goods or services to the purhcaser.
4. The delivery of the goods and services is at the sole risk of the purchaser and the firm is not liable for any loss during transit.
6. RETURN POLICY:
1. In the event the purchaser received a damaged/defective product or a product that does not comply with the specifications as per the purchaser’s original order the purchaser is required to get in touch directly with the vendor.
2. Upon receiving the complaint of the purchaser, the vendor shall verify the authenticity and the nature of the complaint and if the vendor is convinced that the complaint is genuine, the Vendor will be responsible for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, the vendor reserves the right to take necessary legal actions against the purchaser and the purchaser will be solely responsible for all the costs incurred by the vendor in this regard. The purchaser expressly acknowledges that the vendor selling the defective products/services will be solely responsible to the purchaser for any claims the purchaser may have in relation to such defective product/service and the firm shall not in any manner be held liable for the same.
3. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If the purchaser observed that the package is damaged or tampered, then the purchaser is requested to refuse to accept delivery and inform the respective vendor or the Firm at the earliest. The return process of the product may be restricted by the vendor depending on the nature and category of the product.
4. In order to return any products sold through the website, the purchaser is required to comply with the below mentioned conditions; viz:
i. Please notify the firm or the respective vendor of receipt of a damaged/defective product/service within 48 hours of delivery to the purchaser. If the purchaser is unable to do the same within 48 hours, the firm shall not be held liable for the failure to replace the order.
ii. Products should be unused.
iii. The Vendor may arrange pick up of the damaged/defective product through its own logistics partner. In the event the Vendor is unable to do so, the Vendor will notify the purchaser regarding the same and the purchaser will be required to dispatch the product using a reputed courier in the purchaser’s respective area within one (1) day from the receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with the Vendor.
iv. Products should be returned in the original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.
v. It is advised that that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit.
vi. The returned products are subject to verification and checks by the vendor in order to determine the legitimacy of the complaint/return.
5. In the event the return of a product is duly accepted by the vendor, the value of such product, as originally paid by the purchaser during acceptance of delivery of product or otherwise, will be refunded to you by the vendor. Refund will be processed based on the mode of payment and the vendor or the approved payment gateway will credit the purchaser’s refund directly to the account of the purchaser or provide a cheque in this regard. Refunds will be subject to the following.
i. Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by the vendor.
ii. For cash on delivery payments the purchaser will be provided with a refund cheque.
iii. If the product can be repaired by the service centre, the Vendor would get the same repaired and send it back to the purchaser.
iv. A promo code, once used shall not be refunded in case of order either by customer or the vendor.
1. Cancellation by the Vendor: There may be certain orders that the Vendor is unable to accept and must cancel. The vendor reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in the order being cancelled include, without limitation, non-availability of the product or quantities ordered by the purchaser, non availability of the service, inaccuracies or errors in pricing information. The firm or the Vendor as the case may be may also require additional verifications or information before accepting any order. The vendor will contact the purchaser if all or any portion of purchaser’s order is cancelled after the purchaser’s credit card has been charged, the said amount will be reversed back to the purchaser’s credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by customer or the vendor.
2. Cancellation by the user/purchaser: In case of requests for order cancellations, the vendor/s reserve the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if the vendor receives a cancellation notice and the order has not been processed/approved by the vendor, the said vendor shall cancel the order and refund the entire amount to the purchaser within a reasonable period of time. The vendor may not be able to cancel the orders that have already been processed. The vendor has the full right to decide whether an order has been processed or not. The purchaser agree not to dispute the decision made by the Vendor and accept vendor’s decision regarding the cancellation.
3. The Vendor reserves the right to cancel any orders that classify as “Bulk Order” as determined by the Vendor as per certain criteria. Any reward point or promo code used for placing the “Bulk Order” will not be refunded as per this cancellation policy. An order can be classified as “Bulk Order” if it meets with the below mentioned criteria which may not be exhaustive, viz:
i. Products ordered are not for self-consumption but for commercial resale.
ii. Multiple orders placed for same product as the same address.
iii. Bulk quantity of the same product ordered.
iv. Invalid address given in order details.
v. Any malpractice used to place the order.
4. Failure to sell by the Vendor: Unless due to the purchaser’s negligence, in the event the vendor fails to complete sale of a product or a service when presented by the purchaser with a valid voucher or otherwise, the purchaser acknowledges that the vendor will be solely liable to reimburse such amount as has already been paid by the purchaser for the purchase of such order. Further, the purchaser agree that the firm will not be held liable for failure of the Vendor to make available any product or service therein.
5. Link to Third Party Sites: The website may contain links to other websites[“Linked Sites”]. The linked sites are not under the control of the firm or the Website and the firm is not responsible for the contents of the any Linked site, including without limitation any linked contained in a Linked site, or any changes or updates to a linked site. The firm is not responsible for any form of transmission, whatsoever, received by the purchaser from any Linked Site. The firm is providing these links to the purchaser only as a convenience, and the inclusion of any link does not imply endorsement by the firm or the Website of the Linked Sites. The users/purchasers are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
1. THE FIRM DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT [INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES] OR SERVICES OFFERED BY VENDORS OR BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR , THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTAIONS RELATING TO NON- INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT THE PURCHAER MAY HAVE WITH SUCH THIRD PARTIES ARE AT THEIR OWN RISK. THE PRODUCTS AND SERVICES SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE FIRM DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE FIRM ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS OR SERVICES BY THE PURCHASER.
2. THE COMPANY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFIET PRODUCTS PURCHASED OR SERVICE AVAILED BY THE PURCHASER FROM THE VENDOR/S AND THE FIRM SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY THE PURCHASER FROM THE VENDOR/S IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
9. INDEMNIFICATION AND LIMITATION OF LIABILITY:
1. The Purchaser agree to indemnify, defend and hold harmless the firm from and against any and all losses, liabilities, claims, damages, demands, costs and expenses [including legal fees and disbursements in connection therewith and interest chargeable thereon] asserted against or incurred by the Firm that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by the purchaser pursuant to these terms of offer for sale or any additional terms applicable to the purchase of the products and services on the Website.
2. In no event shall the Firm, its officers, employees, and Vendors be liable to the purchaser or any third party for any special, incidental, indirect, consequential or punitive damages, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the firm has been advised of the possibility of such damages or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action or any other claim arising out of or in connection with the purchase of the products and services herein.
3. The firm shall not assume any liability for the non- availability of the product, delivery of the product and installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the voucher to the user/purchaser.
10. GOVERNING LAW:
1. These terms of offer for sale and the relationship between the purchaser and the firm shall be governed in accordance with the laws of India without reference to conflict of laws principles.
2. The purchaser agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer for Sale or any transactions entered in to on or through the Website or the relationship between the purchaser and the firm shall be subject to the exclusive jurisdiction of the Courts at Kottayam, Kerala and the purchaser hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY THE PURCHASER.