These Terms and Conditions (“Terms”), together with the documents referred in them, set the User’s (“Purchaser / User / you / your”) obligations towards the Seller (or “Supplier / Company / we / us / our”) pertaining to the purchase of spare parts, parts or components, etc, (“Spare Parts”) from the Seller. These Terms shall also govern your use of our application “Automobile C5F” (“Application”), as well as, its related website https://automobile.c5f.in/ (“Website”), herein together referred as (“Platform”). By using the services you confirm that you accept these Terms and that you agree to abide by them.
1. TERMS OF USE
These Terms constitute a legally binding and enforceable agreement between, the Seller and the User, and govern your use of the Platform to browse and/or buy the Spare Parts and/or avail any related services displayed by us on the Platform. By accessing and using our Platform to browse and/or buy the Spare Parts, you agree to be bound by these Terms, establishing a contractual relationship between you and the Seller. In case you do not agree to the Terms, you may not use or access or stop your use or access of our Spare Parts and the Platform. These Terms expressly supersede any and every prior written agreement with you. The Company requests User to carefully go through these Terms prior to accessing the Platform or browsing and/or buying Spare Parts using the Platform.
2. DEFINITIONS
- “Company Content” means Content that the Company creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content.
- “Content” herein includes (but is not limited to) images, audio, video, location, data, nearby places, reviews and all other form of information or data.
- “Contract”shall mean the entire agreement between the User and the Seller, including these Terms and Conditions, and will be setup by mean of the Offer, the User’s Purchase Order or the acceptance of the Offer, the Seller’s order confirmation and any amendments thereto of these documents.
- “User Content” or “Your Content” means Content that you upload, share or transmit, through or in connection with the Spare Parts, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.
- “Offer” shall mean the estimate price or the initial commercial quotation of the Spare Parts displayed on the Platform.
- “Price” means the proposed price for the Spare Parts.
- “Product Description” means the specifications pertaining to the Spare Parts, as well as, design specification which define the intended purpose of the Spare Parts.
- “Purchase Order” means an order of supply of Spare Parts including the acceptance by the Seller.
- “Spare Parts” includes but is not limited to a component, spare part, consumable item, or any item supplied by the Seller which is installed or used by a third party or the Users themselves.
3. REGISTERATION OF ACCOUNT
In order to benefit from all the features of the Platform available, you will need to Sign- Up with us by filling the Sign-Up form. You will be asked to provide certain mandatory information about yourself including your name, contact details and your email address. You must ensure that the information provided by you is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
4. PRICE AND PAYMENT
PRICE
The Spare Parts shall be charged at the prices specified in the invoice as generated after the confirmation of the Purchase Order (“Invoice”), which shall be considered fixed and inclusive of all costs including packaging, labelling, freight, costs and exclusive of taxes and delivery charges.
PAYMENT
The payment terms shall be as confirmed in the order acknowledgement and in accordance with the invoice supplied to the User. Payment option: Third Party Internet Service Providers
THIRD PARTY INTERNET PAYMEMT SERVICE PROVIDERS
- The payment for the Spare Parts by the Users may be processed through the third-party internet payment service providers. By purchasing any Spare Parts through the Platform, the User hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies, their fees. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ User terms and conditions or privacy policies are not acceptable to you, you may act as per your own convenience. In such a case Automobile C5F as a Platform will not be held liable for any liability arising thereof.
- Additionally, we have no authority over, or liability for, the delivery, safety, legality or any other such aspect of transactions or services availed by the Users through the third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with, will carry out the complete transaction, or has the appropriate authority to do so. In the event the Users experience any disruptions or problems while making the payment for the Spare Parts through the third-party internet payment service providers, or if the User has a dispute with such third-party internet payment service providers, the User should resolve the disruptions, problems or disputes directly with that third-party internet payment service provider.
5. SPECIAL OFFERS AND COUPONS
- Any special offers, promotional deals, money-off vouchers, and coupons (“Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer.Only the Discounts displayed on the Platform will be deemed valid.
- Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the User. Discounts may only be used by the User to whom they are granted and shall not be transferable to third parties.
6. LIMITATION OF LIABILITY
The Company shall not be liable for any damages, liability or losses arising out of:
- Your use of or reliance of the Platform or your inability to access or use the Platform; or
- Any transaction or relationship between you and any third-party provider.
- Any delay or failure in performance resulting from causes beyond Company’s reasonable control.
7. MODIFICATIONS AND CANCELLATION
Any request for modification or cancellation of a Purchase Order by the User shall not be accepted after the Purchase Order has been dispatched for the delivery.
8. REFUND AND RETURN
- In the event, the Seller is forced to cancel the delivery of a fully paid Purchase Order, for reasons beyond Seller’s control, a refund of the payment shall be initiated in favour of the User within forty-eight (48) hours of such cancellation.
- The User may return the purchased Spare Parts to the Seller and avail a refund or exchange. However, the return will only be acceptable if initiated within ten (10) days of delivery. Moreover, the return should be made in original, undamaged packaging and accompanying the Invoice. If the Seller finds that that the Spare Parts have not been returned to the Seller in fully resalable condition, the Seller reserves the right to refuse a refund on the Spare Parts.
9. DISPUTE RESOLUTION
In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent. The proceedings shall be conducted under the provisions of the Arbitration and Conciliation Act, 1996, and the venue shall be in Delhi. Courts in Delhi shall have exclusive jurisdiction to interpret any issue in respect to the arbitration proceedings.These Terms and any separate agreements whereby we provide User any other such services shall be governed by and construed in accordance with the laws of India