KALPVRAAKSH TERMS OF USE:-

Please document is an electronic record in terms of information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various status as amended by the information technology Act 2000. This electronic record is generated by a computer system and doesn’t require any physical or digital signature.

This document is published in accordance with the provision of rule 3(1) Of the information technology(Intermediaries guidelines) rules, 2011 that require publishing the rules and regulations, privacy policy and terms of us for access or uses of doname[www.kalpvraaksh.co.in] , including the related mobile application(hereinafter Referred to “Platform”)

The website www.kalpvraaksh.co.in having registered office at M. I. G-81 Patel Nagar Mandideep, dist:Raisen, Madhya Pradesh.

Please read these terms and conditions carefully before accessing or using the platform. These terms along with the privacy policy published on the platform Send other policies (As may be notified/Display published on the platform) Constitutes the contract between the Users of this platform and Company (collectively “Agreement”).

Your use of the platform end services anti tools are governed by the following terms and conditions (terms of use) As applicable to the platform including the applicable policies which are incorporated herein by way of Referenc. If you transact On the platform, you will be subject to the policies that are applicable to the platform for such transaction. By use of the platform you shall be contracting with KALPVRAAKSH And these terms and conditions including the policies constitute your binding obligations, with kalpvraaksh.

For the purpose of these terms of use, wherever the context so require"You” or “User” shall Mean any natural or legal person who has agreed To become a Buyer On the platform by providing registration data while registering on the platform as registered user using the computer systems. The terms “We”, “Us”, “Our” shall Mean KALPVRAAKSH.

When you use any of the services provided by Us through the platform, including but not limited to, example (product review, seller reviews) . You will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they shall be deemed to be incorporated into this terms of use and shall be considered as part and parcel of these terms of use. We reserve the right, add our sole discretion, to change, modify, add or remove portion of these terms of use periodically for updates and changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms of use, we grant you personal non exclusive, non transferable, limited privilege to enter and use the platform.

The companies role is limited to the managing application and associated marketing, facilitating payment collections, fulfillment, order management, enquiry management and other incidental services to enable the transactions between the suppliers and the sellers(“Services “).

Company does not permit users to avail the services on the platform without prior registration. Users may access the application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, it’s subject to this agreement and strictly not transferable.

Eligibility:

Transactions On platform is available only to person who can form legal binding contracts under Indian contracts act, 1872. Persons who are incompetent to contracts within the meaning of the Indian contract act,1872 including in-discharged insolvent etc. Are not eligible to use the platform. If you are a minor that is under the age of 18 years you may use the platform under the supervision and prior consent/ Permission of parents or Legal guardian.

As a Minor if you wish to transact on the platform, such transaction on the platform may be made by your legal guardian or parents. Kalpvraaksh reserves the right to terminate your membership and /or refuse to provide you with access to the platform if it is brought to KALPVRAAKSH ‘s notice or if it is discovered that you are under the age of 18 years and transacting on the platform.

Your Account and Registration Obligations:

If you use the platform, you should be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activity that Occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current incomplete or we have responsible grounds who suspect that such information is untrue, inaccurate, not current or incomplete, are not in accordance with the terms of use, we shall have the right to indefinitely suspect or terminate or block access of your membership on the platform and refuse to provide you with access to platform.

Your mobile phone number and /or email address is treated as your primary identifier on the platform .It is your responsibility to ensure that your mobile phone number and your email address is up to date on the platform at all time.You agree to notify Us promptly if your mobile phone number or email address changes by updating the same on the platform through a one time password verification.

You agree that kalpvraaksh shall not be liable or responsible for the activities or consequences of use or misuse of any information that occur under your account in case , including, where you have failed to update your revised mobile phone number and your email address on the website platform.

If you share or allow others to have access to your account on the platform (“Account”) by creating separate profiles under your account, or otherwise, they will be able to view and access your account information. We shall be solely liable and responsible for all the activities undertaken under your account, any consequences therefrom.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being or is likely to be used in an authorized manner.Please ensure that the details you provide use with are correct and complete and inform immediately of any changes to the information that you provided when registering.

E-Platform for Communication:

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated there in at anytime from any location. You agree and acknowledge that Kalpvraaksh is only a facilitator and is not and cannot be a party to or control in any manner or transactions on the website. Accordingly, the contract of sale of products on the website shall we strictly bipartite contract between You and Sellers on kalpvraaksh.co.in.

Henceforward:-

  • All commercial/Contractual terms are offered by and agreed to between buyers and sellers alone. The commercial /contractual terms include without limitation price,Shipping costs, Payment methods, payment terms, date,period and mode of delivery , warranties related to products and services and after sales services related to products and services. Kalpvraaksh does not have any control or does not determine or advice or in any way involve itself in the offering or acceptance of such commercial/ contractual terms between the buyers and sellers. All discounts offers (including exchange offers) are by the seller/ brand and not by Kalpvraaksh.
  • Investment of order by buyer with seller on the platform is an offer to buy the products in the order by the buyer to the seller and it shall not be constructed as sellers acceptance of buyers offered to buy the products ordered. The seller retain the right to cancel any such order placed by the buyer, as its sole discretion and the buyer ,act it sold description and the buyer shall be intimated of the theme by way of an email/ SMS.Any transaction price paid by buyer in case of switch cancellation by seller, shall be refunded to the buyer. Further, the sailor may cancel an order where in the quantities exceeds the typical individual consumption .this applies both to the number of products ordered within a single orders and the placing of several orders for the same product where the individual orders comprises a quantity that exceeds the typical individual consumption. What comprises at typical individual consumption quantity limit shall be based on various factors and the sole discretion of the seller add may vary from individual to individual.
  • KALPVRAAKSH Does not make any representation or warranty as to specifies (Quality, value, Salabilityetc) Of the products or services proposed to be sold or offered to be sold or purchased on the platform. Kalpvraaksh Implicitly or explicitly support for endorse the sale or purchase of any products or services on the platform.Kalpvraaksh accepts no liability for any errors or omissions, whether on behalf of itself or 3rd parties.
  • KALPVRAAKSH Is not responsible for any non performance or breach of any contract entered into between buyers and sellers. Kalpvraaksh Cannot and does not guarantee that the concerned buyers and sellers will perform any transaction concluded on the platform. Kalpavaaksha shall not end is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
  • KALPVRAAKSH Does not make any representation for warranty as per the item specifices(Such as legal title, creditworthiness, identity, etc) Of any of its users. You are advised to independently verify the bona fights of any particular user that you choose to deal with on the platform and use your best judgment in that behalf.
  • KALPVRAAKSH Does not at any point of time during any transaction between buyer and seller on the platform come into or take possession of any of the products or services offered by seller nor does it any point gain title to or have any rights or claims over the product or services offered by seller to buyer.
  • At no time shall kalpvraaksh hold any right, title or interest Over the products nor shall kalpvraaksh have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Kalpvraaksh Is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or backordered.
  • The platform is only a platform that can be utilised by users to reach a larger base to buy and sell products or services. Kalpvraaksh is only providing a Platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite Contract between the seller and the buyer .

At no time shall Kalpvraaksh hold any right or interest over the product nor shall l kalpvraaksh have any obligations or liabilities in respect of search contract.

KALPVRAAKSH Is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock unavailable or back ordered. Select Products offered by sellers may be eligible for business purchase on the platform.

Your Conduct :-

  • 9You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not kalpvraaksh.co.in ,Are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:-
  • For Fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
  • To send,use or reuse any material that does not belongs to you, Or is illegal, offensive(Including but not limited to material that is sexually explicit content or which promotes racism,bigotry, hatteted, Or physical harm), deceptive, misleading,abusing, indecent, insulting or harassing, blasphemous, Defamatory, Libelous,obscene,pornographic, pedophilic, or menacing;Ethnically objectionable, disparaging, are in breach of copyright, read mark, patent, confidentiality, privacy or any other proprietary information or right, or is otherwise injurious to 3rd parties, or relates to all promotes money laundering or gambling, or is harmful to minors in any way, or impersonate another person, or threatens the unity, integrity, defense, security or sovereignty of India or friendly relations with foreign states or public order or causes incitement to the Commission of any cognizable offense or prevent investigation of any offense or is insulting other nation, r objectionable or otherwise unlawful in any manner whatsoever, or which consists of or contains software viruses or any other computer code, files or program designed to interrupt display limit the functionality of any computer resources, political campaigning, commercial solicitation,change letters form a mass mailing or any spam, or is patently false and untrue.
  • Promotes and illegal or unauthorised copy of another persons copyrighted work (see “Copyright complaint “ Below for instructions and how to lodge a complaint about an uploaded copyright materials)such as providing pirated computer Programs or links to them Mama providing information to circumvent manufacturer-installed Copy protect devices, providing pirated music or links to pirated music files.
  • Does not contain video, photographs, or images of another person (with a minor or an adult)
  • Shall not, Directly or indirectly, attempt to offer trade or attempt to trade in any item, the dealing of beaches prohibited or restricted in any manner under the provisions of any applicable law, rule, regulations or guideline for the time being in force.

Reviews, comments, communications and other content:-

Users of this Website may post for reviews, Comments and other content, send communications, and submit suggestions, ideas, comment, questions , or other information,as long as the content is not illegal,obscene, Abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to 3rd party, are objectionable and does not consist of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing, or any form of spam. In the event a user uses of false email address ,Impersonate any person or entity, or otherwise misleads as to the Origin of Any content. Kalpavriksha reserves the right(But not obligation) to remove, Refuse, any content that in the sole judgment of kalpvraaksh.co.in violet these conditions of use,and, or Terminate your permission to access or use this website.

if you do post content or submit material,and unless we indicate otherwise, you:

  • Grant kalpvraaksh.co.in and its affiliates a Nonexclusive, royalty free ,irrevocable, Factual and fully sublicensable rights To use, reproduce, modify adapt, publish, translate, create derivative work from,distribute,Andy display such content throughout the world in any media,
  • Kalpvraaksh.co.in and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose

You agree that the rights you grant are irrevocable During the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and you’re right to object to derogatory treatment of such content.you agree to perform all further acts necessary to perfect any of the above rights Granted by you to kalpvraaksh.co.in Including the execution of deeds and documents and its request.

  • You represent and warrant that you own or otherwise control all of the rights to the content thank you post or that you otherwise provide on 4 through the website, that, as the date set the content or material is
  • submitted to kalpvraaksh.co.in : (I) The content and material is accurate.
  • use of the content and material you supply does not breach any applicable kalpavruksh.co.in policies or guidelines and will not cause injury to any
  • person or entity (including that the Content or material is not defamatory). ;
  • The content is lawful. You agree to indemnify kalpavraaksh.co.in and its affiliates for all claims brought by a 3rd party against it or its affiliates arising out of or in Connection with the breach of any of these warranties

Claims agains Objectionable Content :-

You can refer to the product detail page on kalpvraaksh.co.in for checking any product details Provided by the seller regarding the following:

  • The total price in single figure of any good or service ,showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, As applicable. these details are available on the invoice issued to you.To understand how to generate an invoice you can refer here.
  • Mandatory notices and information provided by applicable laws,expiry date of the good being offered for sale, where applicable.
  • Goods and services offers for Sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre purchase stage.
  • Important and the guarantees related to the authenticity or genuineness of the imported products.

Because Kalpvraaksh.co.in lists millions of products for sale offered by seller on the website and hosts Many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, kalpavruksh.co.in operate on a “notice and takedown “ basis. If you Babe that any content on the website is Illegal, offensive (Including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatteted or physical harm. ), deceptive, Misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, Libelous, obscene, Pornographic ,pedophilic, invasive of another’s privacy or menacing, ethnically objectionable ,disparaging , or in breach of a 3rd party is confidential, proprietary information or right, or is otherwise injurious to 3rd parties, are related to or promotes money laundering or gambling, or is harmful to minors in any way, or impersonate another person,threatens the unity , integrity defence commerce security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the Commission of any cognizable offense or prevent investigations of any offense or insulting other nation, objectionable or otherwise unlawful in any manner whatsoever, or which consists of war contains software viruses or any other computer code form of file or program design to interrupt,destroy or limit the functionality of any computer Resources,or is patently false and untrue(“objectionable content “), Please notify us immediately by following our Notice and procedure of making claims of right infringements. Once this procedure has been followed forma Kalpavraaksh.co.in will make all reasonable endeavors to remove such objectionable content complained about within a reasonable time.

Copyright, right, Authors rights, and Database rights:-

All content included on the website, search as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of kalpvraaksh.co.in , its affiliates or its content suppliers and is protected by India and international copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of kalpvraaksh.co.in And its affiliates And is protected by laws of India International copyright and database right lawsright. All software used on this website is the property of kalpvraaksh.co.in ,its affiliates or its software supplier and is protected by India and international copyright and authors rights laws. by the seller regarding the following:

You may not systematically extract/ or re-utilise parts of the contents of the website without kalpvraaksh.co.in and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without kalpvraaksh.co.in and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without kalpvraaksh.co.in and / or its affiliate's (as may be applicable) express written consent.

Indemnity and Release

You shall indemnify and hold harmless kalpvraaksh.co.in , its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release kalpvraaksh.co.in and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Other Businesses

Parties other than kalpvraaksh.co.in and its affiliates may operate stores, provide services, or sell product lines on kalpvraaksh.co.in . For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Kalpvraaksh does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

Licence for website access:-

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, kalpvraaksh grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of kalpvraaksh.co.in and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of kalpvraaksh.co.in and / or its affiliates, as may be applicable.

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 kalpvraaksh.co.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising kalpvraaksh.co.in or its affiliates' names or trademarks without the express written consent of kalpvraaksh.co.in and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by kalpvraaksh.co.in and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of kalpvraaksh.co.in as long as the link does not portray kalpvraaksh.co.in , their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any kalpvraaksh.co.in logo or other proprietary graphic or trademark as part of the link without express written consent of kalpvraaksh.co.in and / or its affiliates, as may be applicable.

Access to kalpvraaksh.co.in

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with kalpvraaksh nor shall Kalpvraaksh have any obligations or liabilities in respect of any transactions on the website.

Communications

When you visit kalpvraaksh.co.in , you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

20. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

21. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

22. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

24. Customer Complaint Details

The details pertaining to each customer complaint lodged (including the status of the complaint and tracking details) are provided in the return e-mails which are sent back to the customers

25. Kalpvraaksh Software Terms

In addition to these Conditions of Use, apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with KALPVRAAKSH Services (the "kalpvraaksh Software").

Kalpvraaksh Software Terms

1. Use of the Kalpavraaksh Software

You may use Kalpvraaksh Software solely for purposes of enabling you to use and enjoy the Kalpvraaksh Services as provided by Kalpvraaksh , and as permitted by the Conditions of Use, these Kalpvraaksh Software Terms and any Terms. You may not incorporate any portion of the Kalpavraaksh Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Kalpvraaksh Software or otherwise assign any rights to the Kalpvraaksh Software in whole or in part. You may not use the Kalpvraaksh Software for any illegal purpose. We may cease providing any Kalpvraaksh Software and we may terminate your right to use any Kalpvraaksh Software at any time. Your rights to use the Kalpvraaksh Software will automatically terminate without notice from us if you fail to comply with any of these Kalpvraaksh Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Kalpvraaksh Software that are specifically identified in related documentation may apply to that Kalpvraaksh Software (or software incorporated with the Kalpvraaksh Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Kalpvraaksh Service is the property of Kalpavraaksh and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2. Use of Third Party Services

When you use the Kalpvraaksh Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Kalpvraaksh Software, whether in whole or in part, or create any derivative works from or of the Kalpavraaksh Software.

Updates

In order to keep the Kalpvraaksh Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Sellers and the Customer) Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the kalpvraaksh.co.in (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future kalpvraaksh.co.in service (eg: Wishlist or Marketplace Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control

1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

2. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

3. Returns

Most items purchased from sellers listed on kalpvraaksh.co.in are returnable within the return window, except those that are explicitly identified as not returnable. The return is processed only if:

  • it is determined that the product was not damaged while in your possession;
  • the product is not different from what was shipped to you;
  • the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and accessories)

You can review return policy for products listed on kalpvraaksh.co.in by clicking here. For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account / as Amazon Pay balance (in case of Pay on Delivery orders), the details for making such refund and the timelines are detailed in the refund policy available here.

Please review our Returns Policy, which applies to products sold by us.

4. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

5. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

6. Health & Safety

By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.

7. Children

Use of Amazon.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

8. Communications

When you visit Amazon.in, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

9. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

10. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

11. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Logistics

‘Logistic Partner’ shall mean a logistic service provider approved by Kalpvraaksh .

  • You are requested to read the following points carefully before booking the consignment:
  • Logistic Partner do accept documents for shipping from one destination to other. You may carefully note that Your consignment must not contain any letter of communication which will infringe the Indian Postal Act 1983. We accept parcels in good faith that they do not contain anything, which will infringe the Law.
  • 'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by any means we choose, including air, road or any other carrier. A 'waybill' shall include any label produced by us under automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, Seller has to insure their respective consignments.
  • Shipments are delivered only to the Receiver`s address given by the Shipper but not necessarily to the named Receiver personally.
  • Consignments, which are of Hazardous Nature (Chemicals, Flammable Articles and Liquids) expressly prohibited by the RAILWAY/AIRPORT AUTHORITY OR ANY OTHER TRANSPORT AGENCY, shall not be accepted.
  • We request you not to enclose CASH in the courier consignment and not to book Jewels, Textiles, High value gift articles, Share Certificates and Travel documents. Our liability in cases of any Loss or Damage to the consignment shall not exceed Rs. 5000 /-
  • We request you to declare the value of the consignment on the consignment note & shipping label at the time of booking.
  • We request you to ensure that the consignment is properly packed with thick paper material to withstand the handling.
  • If more than one consignment is booked to the same consignee on different airway bill numbers, it has to be ensured that the full address is written on all the consignments.
  • Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government without taking any POD proof/acknowledgement from the receiver.
  • You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
  • Logistic Partner shall not be liable for any loss including but not limited to taxes and duties levied on the consignment arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
  • Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as Floods, Accidents, Fire, Theft, War Etc.
  • Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond the control.
  • Octree or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the consignor / Shipper shall pay it in Indian National Rupees.
  • Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of Logistic Partner is liable for any such loss or delay or damage, except to the extent of clause mentioned above in section 5 above.
  • Logistic Partner have the right but not the obligation, to inspect any shipment without prior intimation to the Consignor / shipper for checking the contents.
  • All matters of business should be settled within the jurisdiction of the Booking station.
  • Parcels shall be accompanied by the respective state forms as prescribed by the Govt. of India to meet the requirements of sales tax authorities.
  • Consignments addressed to a Post Box Number cannot be delivered.
  • The Shipper shall indemnify and hold us, harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper`s breach of the following warranties and representations:
  • all information provided by the Shipper or its representatives is complete and accurate;
  • the Shipment was prepared in secure premises by Shipper`s employees;
  • the Shipper employed reliable staff to prepare the Shipment;
  • the Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to us;
  • the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
  • all applicable laws and regulations have been complied with;
  • The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
  • Dead/dry weights or volumetric weight whichever is higher will be charged & taken while calculating the weights & rates and billed to next higher half or one kg.. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be sorted out till final delivery happens to the customer only. No post delivery weight disputes will be taken up by us.
  • All non documents consignments must accompany all statutory declarations and invoices for speedy regulatory clearances
  • Consignor has to provide atleast 2 copies of Invoice/declaration to facilitate delivery.
  • Regular Pick up will be effected on the business days. Transit time will not include the non – business days.
  • Notwithstanding anything contained anywhere or earlier agreed between the parties, any consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the consignment was initially booked by the Shipper and the Shipper shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
  • Logistic Partner will process all the parcels and process its through its various branches.
  • It is expressly understood by the parties to the agreement that Logistic Partner is merely a service provider to Shipper.
  • Logistic Partner may provide web based online tracking for all the shipments carried in its network.
  • Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments. Logistic Partner will be liable for the damage to the shipment only if shipment has been identified as “damaged” by Logistic Partner before delivery to customer or customer has rejected the shipment with reason as “damaged shipment”.
  • Logistic Partner will not take any responsibility of damage to shipments for Reverse pickup from customer or customer rejection of shipment at the time of delivery unless the same is on account of damage caused by Logistic Partner.
  • The first attempt for delivery of shipment shall be made by Logistic Partner within 7 business days after pickup from Shipper location.
  • Once a Reverse pickup request is received by Logistic Partner, first pickup attempt for reverse pickup from Consignee will be made within the next business two days.
  • If shipment could not be picked up from Consignee location because of reasons beyond Logistic Partner’s control, Logistic Partner will not be held responsible for the same.
  • Logistic Partner reserves the right to cancel the Reverse pickup request without any prior intimation.

Content Posted on the App/Kalpvraaksh Website

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Kalpvraaksh has no control over such third-party generated content as Kalpvraaksh is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the App/ Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, App or other medium for publication, distribution or any commercial enterprise without Kalpvraaksh prior written consent.

You may use the information on the products and services purposely made available on the App for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such documents;

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;

(3) make no modifications to any such information; and

4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any content posted or transmitted on the App. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to -- consistent with our privacy policy as adopted in accordance with applicable law -- use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us -- consistent with our privacy policy and rules of conduct on the App as mentioned herein -- and you are not entitled to any payment or other compensation for such use.

Limited License

KALPVRAAKSH grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Kalpvraaksh " and/or “kalpvraaksh.co.in ” name and/or logo on seller’s invoice for transactions concluded on the App. Further, Kalpvraaksh grants seller a limited, non-transferable, non-exclusive, nonsublicensable, non-assignable and personal license to use “Kalpvraaksh.co.in ” name and/or logo on packing material used by Seller for delivery of Products sold on the App

Payment

1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Flipkart liable or responsible for non– delivery, non-receipt, non-payment, damage, breach of representations and warranties, nonprovision of after-sales or warranty services or ji as regards the products and/or services listed on the App.

2. You have specifically authorized Kalpvraaksh or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with kalpvraaksh is on a principal to principal basis and by accepting the ToU, you agree that Kalpvraaksh is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the App and paid for by using the payment facility. Kalpvraaksh does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

3. You understand, accept, and agree that the payment facility provided by Kalpvraaksh is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through cash on delivery (CoD), collection and remittance for transactions on the App using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Flipkart neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories.

Payment Facility for Sellers:

You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, seller will solely be responsible for undertaking transit insurance for products sold on the App. For avoidance of doubt, Flipkart will not be responsible for undertaking any insurance(s) for products sold by sellers on the App. It is hereby clarified and agreed by the seller that Kalpvraaksh is merely a facilitator so far logistic services are concerned and logistic services are provided by the Logistic Partner. Further as and when the goods are shipped through such Logistic Partner, seller shall enter into a bi-partite contract with the Logistic Partner and Kalpvraaksh shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between Seller and Logistic Partner.

A seller shall provide dispatch details to Kalpvraaksh in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.

A seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to Kalpvraaksh on demand within the time frame as notified from time to time.

A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.

In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.

A seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:

a) a buyer confirms the delivery of products and/or services in the transaction;

b) a buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;

c) a buyer’s refund claim is rejected by Kalpvraaksh due to any breach of the ToU, policies, and any applicable law;

d) remittances to a seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers [PO] may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).

Remittances to a seller for CoD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the seller’s bank account in accordance with above said transaction timelines prescribed in clause (e) herein above.

[PO] Promotional offers are marketing activities as part of which buyers are offered discounts or free products provided they meet the offer criteria. These could be referred to under the Kalpvraaksh Promotions section on the Seller portal.

e) Transaction Timelines: Transaction on the App shall be deemed to be complete only once the following action items are concluded by the

S.No. Action Days
1. Seller to procure and ship the product(s) sold 1 - 21 days
2. Logistics partner to ship and deliver the product(s) sold (post step 1) 2 - 7 days
3. Buyer to confirm (post step 2) 1 - 45 days

Exemptions to the above-listed timelines:

• Pre-orders where buyer places an order in advance and receives the item as per the timelines stated on the App,

• International procurement where buyer procurement takes more than 21 days as on the App

Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

Remittances to a seller for CoD transactions shall be made through cheque/ demand draft or online bank transfer to the seller’s bank account in accordance with above said transaction timelines prescribed in clause (e) hereinabove

Charges

Registration on the App is free. Kalpvraaksh does not charge any fee for browsing/registering on the App. However, before you list an item for sale through the App, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Kalpvraaksh reserves the right to change its fee policy from time to time. In particular, Kalpvraaksh may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the App. In such an event, Kalpvraaksh reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the App and such changes shall automatically become effective immediately after they are posted on the App. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Kalpvraaksh 8. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Kalpvraaksh .

Taxes: You are responsible for paying all fees associated with the use of the App and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon

Rules for Express Remittance for Qualified Sellers

1. A seller agrees that Kalpvraaksh is may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodel Bank. Kalpvraaksh at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Kalpvraaksh reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Kalpvraaksh policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Kalpvraaksh from time to time.

2. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, a seller shall ensure that invoices state ‘Powered by Kalpvraaksh ’ and failing to do so, a seller shall be liable to chargebacks (as applicable).

3. In case of any chargebacks levied by the bank, Kalpvraaksh shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Kalpvraaksh shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Kalpvraaksh has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Kalpvraaksh to the Seller.

4. Kalpvraaksh may delay notifying the payment confirmation, i.e. informing seller to dispatch if Kalpvraaksh deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Kalpvraaksh may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.

5. Sellers and buyers acknowledge that Kalpvraaksh will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Kalpvraaksh .

6. Kalpvraaksh shall make payments into the bank account provided by a seller during the seller registration process. Once Kalpvraaksh has made payments into such a bank account number, Kalpvraaksh shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

Compliance with Laws:

7. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Kalpvraaksh App.

8. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

9. In the event of sale of jewellery, Seller shall provide hallmark certificate (in accordance with applicable Laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Kalpvraaksh shall not be liable whatsoever for any non-compliance in this regard.

10. In the event of sale of jewellery, Seller shall ensure conducting of Buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Kalpvraaksh hereby disclaims any responsibility for conducting Buyer KYC.

Wallet

The ‘Wallet’ is a prepaid payment instrument which is associated with your account. You can maintain a balance of money with buyers (if permitted) and redeem it at your convenience. Please note that you will be the issuer of Wallet and you shall be responsible for redeeming the money lying in buyer’s Wallet account and Flipkart does not assume any risk, liability or responsibility with respect to Wallet money. You will not pay any interest on the amount maintained by a buyer in the seller-specific Wallet.

Refund of Wallet Amount

Wallet comprises three types of balances – store credit (which is a credit granted by us typically in lieu of a cancelled order), topped-up balance (which is a prepaid amount that a buyer adds to the Wallet to pay for future orders on the App) and promotional balance (which is a credit granted by us purely for promotional or goodwill purposes). Topped-up balance as well as promotional balance added to the Wallet will be non-refundable, while store credit will continue to be entirely refundable.

Product Description

KALPVRAAKSH does not warrant that product description or other content on the App is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Intellectual Property Rights:

It is hereby specifically recorded that the copyright and other intellectual property on music available on the App is the sole and exclusive property of third parties. Sellers represent and warrant that sellers are authorized by such third parties to upload music on the App for license of use to end customers. Intellectual property rights for the purpose of the ToU shall always mean and include copyrights, whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs -- both industrial and layout -- geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights and infringement rights. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Kalpvraaksh as the owner of such domain names. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of users and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the App in the event of, including but not limited to, the following:

1. if you breach the ToU, privacy policy or other policies (if any);

2. if we are unable to verify or authenticate any information you provide; or

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the App in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

What are the terms and conditions regarding the offers and benefits provided on the Platform:-

a) All product discounts and offers are by the Suppliers and not by the Company.

b. From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our platform. Such offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time, etc.

c. We reserve the right to void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers without any prior intimation.

d. The offers, discounts and promotional offers may be changed or amended from time to time.

e. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on our platform.

f. Any of the offers, discounts or promotional offers may not be valid when used in conjunction with other promotional offers or vouchers unless explicitly permitted by us or the seller.

g. Theoffers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.

h. Certain offers, discounts and promotions offered such as first order discount, reactivation discount etc., may be applied at the cart level and in the event that multiple products are purchased in a single transaction, then such offer, discount, promotion may be divided and applied to each product in the cart, in a manner determined by us.

i. Subject to kalpvraaksh’s Cancellation and/or Return, Refund and Replacement policy, if the User: (i) cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product.

j. In the event, any product is cancelled or returned in accordance with kalpvraaksh Cancellation and/or Return, Refund and Replacement Policy, then any offer, promotion, discount applied to such product shall be forfeited.

k. We and/or the Seller shall have no liability with respect to the offers, discounts and promotional offers on the Platform.

Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations ("GST Laws")?

Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User including Reseller, the Company is not liable for any omissions or commissions by such User who acts in violation of the any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction through Platform including whether it is liable for GST registration.

Upon your purchase of product Eligible for business purchases, you may be able to avail the benefits of gst input tax credit you may be able to avail the benefits of GST input tax credit. Accordingly, At your request, an invoice containing the GSTIN As provided by you (tax invoice) Shall we issues to you why the sellers selling such products:

  • GST invoice will have, inter Alia, The following details printed on it. GSTIN associated with your registered business as provided by you.
  • Entity name of your registered business as provided by you.
  • Not all products are eligible for business purchases on the platform and the same is solely at the discretion off the sellers. you will be able to view the eligibility of tax invoice on the product page on the platform.
  • Purchases on the platform must only be for end consumption. Users must not use products purchase on the platform for any commercial, promotional, resell or further distribution purpose.
  • For seamless availment of Input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note get availment of input tax credit is Subject to provisions of GST act and rules.
  • The delivery and billing addresses will be required to be the same, Please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
  • If GSTIN and/or Business entity details are not provided by you, it will be presumed that it is a personal purchase and not a business purchase.
  • Kalpavraaksh is not responsible to verify the correctness of the GSTIN and /or entity name provided by you and you shall be entirely responsible to provide the accurate details.
  • kalpavraaksh and Seller shell not entertained any request for any revision in the GST invoice. Kalpavraaksh and seller shall not be liable for your default including for reasons associated with details provided by you.
  • KALPVRAAKSH will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to you for any reason whatsoever.
  • You shall be solely liable for all compliances required under applicable laws.
  • Team agree to indemnify and hold kalpavraaksh and Seller harmless from all losses, claims,costs, Expenses, suits, proceedings or any other liability including any 3rd party claims(Including any penalties imposed by government authorities) Arising out of or in a connection with:-

1) The GSTIN and /or entity name provided by you or the tax credit claimed by you or the input tax credit claimed by you or the input tax credit claimed by you or your use or misuse of the GST invoice And,

2) your non compliance with the applicable laws,

3) You use or misuse of any 3rd parties details including GSTIN .

  • ▪ Kalpavraaksh has the right to not allow business purchases on the platform to you if a fraudulent activity is identified.
  • ▪ Seller reserves the right to not issue tax invoice or issue a credit note against in already issued tax invoice to Cancel the transaction if any fraudulent activity is identified.
  • ▪ You shall independently Agree upon the manner and terms and conditions of delivery, payment,insurance etc, with the sellers that You transact with.

DISCLAIMER :-

Pricing on any product as is reflected on the platform may due to some technical issue, typographical error or product information published by seller maybe incorrectly reflected and in such an event seller make cancel such your orders.