Terms And Conditions
Last updated: 01.02.2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.restobazaar.com website owned and operated by the Proprietary Firm ‘M/s Resto Bazaar.’
Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website in one or other way.
By accessing and / or using our website, and / or by initiating any purchase of any product / service from the website, it is implied that you agree to be bound by the following Terms. If you disagree with any part of the terms then you may not access / use the website.
Without prior notice for amendment to the terms, the amendment will be applied to orders thereafter. We will not be able to make any changes upon confirmation of your orders.
1. Purchase :
Further, goods / products advertised on the website, may or may not be available at all time. Any kind of purchase is subject to availability of the product / good at the time of placing the online order by using this website.
The order so placed is subject to confirmation from the Company’s side either vide email or sms. Only confirmed orders shall be considered as complete transaction in each case.
Further, the order so placed and confirmed can be cancelled on our part due to unavailability of the goods/ products and / or due to some other technical issues, as the case may be. Intimation of the same may be sent to you either by email or sms.
These terms are subject to change from time to time. Hence, the terms that apply to you are those posted here on the website on the day and time you order goods/ products from the website.
All descriptions, weights and sizes of Goods/products may vary then those presented on this website and you may not rely on their accuracy.
The goods so purchased using this website is and shall non-refundable and / or non-returnable except as otherwise provided by the Firm at the time of accepting of the order.
All the perishable goods/ foods is and shall be subject to strict norms relating to consumption. The perishable goods / foods once supplied and accepted at purchaser’s end, shall not be subject to any kind of refund or return. However, any defect in quality of the perishable goods / foods shall be notify immediately on delivery of the goods and is subject to non-acceptance by the purchaser on the basis of such defect. Further, once the delivery is accepted by the purchaser, no right with regards to rejection and / return and / refund shall exist with the purchaser.
If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens, you may:
Either, cancel your order or Leave the order valid, but tell us to omit the out of stock item.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 45 to 60 days from the date of your order.
All goods purchased from the website are made pursuant to a shipment terms. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are solely responsible for providing us with accurate shipping information. If your order gets lost due to an inaccuracy on your part, we will not be held liable and will not refund any charges.
2. Information provided to us and about its privacy :
You agree that you have provided, and will continue to provide accurate, up to date information about yourself. We need this information to provide you with the goods/ products so ordered by you.
We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 7 days of receipt of your goods. However, in case of perishable food items / goods, no dissatisfaction with regards to the goods / food items shall be entertained once it is consumed, either fully or partially by you.
3. System security :
You agree that you will not, and will not allow/ encourage any other person to violate or attempt to violate the security of the installation;
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution
4. Indemnity :
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
5. Severability :
To the extent that anything in or associated with the website and/or the Company is in conflict or inconsistent with this Condition of use, this term shall take precedence.
In case, any part of this terms and condition be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portion shall remain applicable and in effect.
Failure of Company to enforce any provision of this terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
6. Content and Intellectual Property Rights :
Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or of the other Content provider;
You shall not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this terms and condition.
7. Limitation of Liability :
M/s Resto Bazaar shall not be liable for any incidental or consequential damages that result from the use of, or the inability to use, the materials on this site, or the performance of the products, even if M/s Resto Bazaar has advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Typographical Errors
While M/s Resto Bazaar (www.restobazaar.com) strives to provide accurate product and pricing information, pricing or Typographical Errors may occur. M/s Resto Bazaar (www.restobazaar.com) cannot confirm the price of an item until after you order. In the event that an item listed at an incorrect price or with incorrect information due to an error in pricing or product information, M/s Resto Bazaar (www.restobazaar.com) shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, M/s Resto Bazaar (www.restobazaar.com) may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
9. Termination :
These terms and conditions are applicable to you upon your accessing the site and / or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by M/s Resto Bazaar (www.restobazaar.com) without notice at any time, for any reason. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
10. Governing Law :
This Terms and Conditions shall be governed by and construed in accordance with the laws of Bharat and the courts of Vadodara, Gujarat shall have the exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.
11. Dispute resolution mechanism :
The parties herein shall resolve all disputes in connection to, in relation to, arising out of, connected with, in consequence to , and or having any privity with any matter, subject, process, liability, right, duty, event, incident, claims, demand that may arise between parties hereto by virtue and operation and or in connection with this agreement amicably by mutual negotiation, failing which, the parties herein shall refer the dispute for arbitration in accordance with the Arbitration and Conciliation Act, 1996, and the Proprietor of M/s Resto Bazaar is hereby authorized and empowered to appoint the sole arbitrator to conduct the arbitration between parties hereto and the arbitration shall be accordingly conducted through the sole arbitrator as aforesaid and in case if the sole arbitrator appointed in terms hereof is either unavailable and / or unable to perform or continue / conclude the arbitration proceedings then in such an eventuality the Proprietor of M/s Resto Bazaar is and shall be continued to be authorized to appoint another alternative sole arbitrator and accordingly the arbitration through such sole arbitrator shall be conducted at Vadodara in accordance with the above Act or with its statutory modifications, enactments or re-enactments thereto, and for all the purposes of arbitration and or litigation in connection thereto the courts in Vadodara City will have the exclusive jurisdiction. The expenses of the arbitration proceedings shall be borne equally between the parties.
12. Force Majeure :
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees, Riots and all natural calamities.