These are the terms on which the Bhartialert (‘Expo Software solution’) sells its products online. They do not affect your statutory rights. They are designed to set out clearly the Bhartialert's responsibilities and your rights.
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Please note that additional terms and conditions may apply to the purchase of certain products (and these shall prevail in the event of any conflict with the below terms and conditions). Where this is the case, it will be brought to your attention prior to purchase.
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1. In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Contract’ means any contracts made between the Bhartialert and you for the sale and purchase of Products from its Website.
1.2 ‘Order’ means the Products which you have selected to purchase in your online basket.
1.3 ‘Parties’ mean the Bhartialert and you.
1.4 ‘Products’ mean any product, article and/or item which the Bhartialert sells on its Website. For the avoidance of doubt, this does not include any services e.g. courses or membership subscription.
1.5 ‘Website’ means bhartialert.com or variations to the name of the aforesaid domain name.
1.6 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.7 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the construction of these Conditions.
1.9 You agree that email can be used as a long-distance means of communication.
2.1 A Contract is formed between you and the Bhartialert when (and not before) the Bhartialert notifies you by email and/or electronically that your Order has been accepted. Your Order will not be accepted until the Bhartialert receives authorization of your credit card payment or such other authorization. The Bhartialert will not accept Orders from you if your address is not within the India unless otherwise agreed by an authorized representative of the Bhartialert and subject to such additional terms as may be agreed by such authorized representative and you. The Bhartialert reserves the right not to accept any Order. You are advised to print off and keep safe a copy of these Conditions once your Order has been accepted by the Bhartialert.
2.2 The Parties agree that the Contracts (Rights of Third Parties) Act shall not apply in any Contracts.
2.3 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between the Bhartialert and you are transacted and processed unless otherwise agreed in writing by an authorized representative of the Bhartialert.
2.4 While the Bhartialert tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Products that you have ordered, the Bhartialert will contact you to let you know the correct price and ask you whether you still wish the Bhartialert to fulfill your Order at correct price. The Bhartialert shall be under no obligation to fulfill your Order for a Product, which was advertised at an incorrect price. The Bhartialert shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, the Bhartialert will refund the full amount to you.
2.5 The Bhartialert will not keep details of your personal or credit or debit cards as its secure payment-processing provider processes them. You undertake that all details you provide to the Bhartialert for the purpose of processing the purchase of your Products are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the cost of the Products.
3.1 Subject to Clause 2.4, the price of the ordered Products shall be as set out on the Website, and includes postage, packing and value added tax (if applicable). Unless otherwise agreed by the Bhartialert. For your own protection, please do not send payment in cash.
3.2 Where Orders are made through the Website, the Bhartialert accepts payment through Visa and Master Card (collectively as ‘Credit Cards’) and Switch.
3.3 No payment for the Products shall be deemed to have been received until the Bhartialert has received cleared funds.
4.1 The Bhartialert aims to arrange shipment of all ‘in stock’ items within 3-4 working day of receiving your Order. Your Order may be delayed if the item is not in stock with the Bhartialert’s suppliers. Some items may be unavailable and the current stock status is approximate.
4.2 Unless a longer delivery date is agreed between the Parties, if the Bhartialert fails to dispatch any ordered Products within 30 days of acceptance of your Order, the Bhartialert shall refund in full your payment in respect of such Products.
4.3 You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of the first attempted delivery by the Bhartialert.
4.4 Please note that your Products may be sent to you in installments. You may cancel your entire Contract if subsequent installments forming part of your order are not delivered by the Bhartialert.
4.5 If your delivery address is outside the India, We Cancel the order & No Refund made by us in future.
4.6 For Exams Dates Deliveries, the Bhartialert recommend that you order before 15 Days. The Bhartialert will endeavor to dispatch all ‘in stock’ orders within 24-48 hours, however the Bhartialert cannot guarantee delivery on or before the exam Dates as the post may be delayed in your area.
5.1 The Bhartialert warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website or the Bhartialert’s catalogue (as the case may be), will be free from defects in materials and workmanship and will be of satisfactory quality. All other warranties are excluded to the fullest extent permitted by law.
5.2 Any claim by you that any Products ordered fail to correspond with the description on the Website or that they are defective or not of satisfactory quality must be notified to the Bhartialert by email at email@example.com or letter within a reasonable time from the date of delivery. If delivery is not refused, or you do not notify the Bhartialert accordingly, the Bhartialert shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
5.3 If you make a valid claim under paragraphs 5.1 and/or 5.2, the Bhartialert shall replace the Products, refund in full your payment in respect of such Products, after return shipment made by you to our address.
6.1 The Bhartialert does not bear any liability in the case of death or personal injury caused by the Bhartialert’s negligence or for fraud.
6.2 The Bhartialert will use its reasonable endeavors to pass on any manufacturer’s warranty to you (where applicable).
6.3 The Bhartialert shall not be liable for any fault or defect in respect of the Products if:
6.3.1 such fault or defect arose as a result of the Products being improperly assembled, used and/or not used in accordance with the manufacturer’s manual; or
6.3.2 such fault or defect was the result of unauthorized modification of the Products without the written consent of the Bhartialert.
6.4 The provisions of paragraph 6 shall survive the termination of these Conditions and/or Contracts.
6.5 The exclusions and limitations of liability set out in paragraph 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 6.
7.1 The Bhartialert’s returns policy, is as follows:
7.1.1 You must promptly return the Products to the Bhartialert at your cost.
7.1.3 The Bhartialert will refund your payment for such Product within 15 Days after product received by Bhartialert.
7.1.3 Where the Product is damaged, the Bhartialert reserves the right to commence legal proceedings against you for any loss suffered by the bhartialert.
7.1.4 Bhartialert reserved the right to not made any refund against damaged product.
Any communication between the Parties shall be by email or first class post to each party’s current email or postal address (as given on the Website at the time of such communication) or the email or postal address given in your Order (or any new email or postal address which you may have notified to the Bhartialert).
9.1 The Bhartialert reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those when you placed your Order.
9.2 When the Bhartialert amends these Conditions, it will mention the fact on the Website’s home page (bhartialert.com). For users purchasing Products or registering on the Website for the first time, all purchases from the date that the amended terms are placed on the Website on wards will be governed by those new terms otherwise, such changes will be effective against existing users 30 days following posting of the amended version on the Website. Your continued use of the Website following the Bhartialert’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Conditions, please do not continue to use purchase Products on the Bhartialert’s Website.
These Conditions shall be governed by and construed in accordance with Indian law and the Indian Courts shall have jurisdiction. All disputes are subject to Faridabad jurisdiction only.