These policies are in electronic form and are thereby governed by the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The user agreement basically contains all the rules and regulations, terms and conditions and agreement applicable to all the vendors, merchants, distributors, buyers, etc. and also all those who access the website. “Kraftsun” reserve all the rights to make any alteration in the website and in the terms and conditions and retain the rights to deny the access to certain users who we believe will create a violation to the provision of this agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The amendment/notification will be effective from the date it is posted in our website.
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft, money order or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within 2 days of booking the Transaction.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing, or such other mode of payment approved by the Company) by the seller through a reputed courier services.
In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service at the address communicated by the buyer on “KRAFTSUN”
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller is obligated to provide to the Company as proof that the item has been dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of “KRAFTSUN” at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing address, phone number and banking / financial information.
Valid Card means any valid credit card/ valid debit card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Issuing Bank in respect of a buyer means any bank that has issued a Valid Card (credit/ debit card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on “KRAFTSUN”
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement
The seller is required to get himself registered if he intends to sell the items on our website. The seller should give true and complete details before registering himself. To be eligible to sell items on the Website, the prospective seller is required to raise a registration request in our website here.
There is no separate registration requirement for buyers. He is just required to be a user.
All contractual terms of the manner and terms and conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that you may transact with.
You will treat the Website as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
The Website is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
The Company is not liable or responsible for any non-performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-Delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the Logistics Partner will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website. Any delay, failure, interruption or errors in the operation of the Website or the Logistics Partner.
You shall indemnify and hold harmless the Company and the Companies parent, 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 including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to firstname.lastname@example.org and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
We promise unreservedly never to share your account information with anyone without your explicit permission. All the personal information will be kept reserved and not disclosed to anyone. “KRAFTSUN” is committed to protecting all the information you share with us. We follow stringent procedures to help protect the confidentiality, security and integrity of data stored on our systems
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws prevailing in India.