Terms and Conditions
Zood Terms of Sale
These standard terms of sale ('Terms of sale') is an electronic
record in the form of an electronic contract. These terms of sale
does not require any physical, electronic or digital signature.
These terms of sale is a legally binding document between buyer
and seller where the seller has made the offer to sell the
products by listing the same on the website and buyer has accepted
such offer of the seller by agreeing to buy the product so offered
on the website. These terms of sale will be effective and binding
on the seller upon seller's advertising, exhibiting and creating a
listing of the product on the website, and shall be effective and
binding on the buyer upon buyer agreeing to purchase the products
so listed by the seller.
In these Terms of Sale, a User (whether guest user or registered
user) who purchase various Products (as defined below) from the
Seller on the website of Zood located at the URL www.ZoodMall.com
and mobile application under the name and style 'Zood'
(collectively, the Website) is referred to as 'Buyer' and the
Seller is referred to as an individual or any legal entity who
list, advertise, exhibit, offers to sell, make available, market,
sale and deliver any Products through the Website to the Buyer
(referred to as 'Seller'). These Terms of Sale describe, inter
alia, the terms of offer for sale/sale, acceptance of offer for
sale by Buyer and the purchase of goods and services ('Products')
through the Website from the Seller. These Terms of Sale also
contains certain statements and disclaimers made by Zood ('Zood')
which shall be binding on Buyer and Seller, as the case may be.
Sometimes both Buyer and Seller are collectively referred to as
'you' with its grammatical variations and cognate expressions.
Please read these terms of sale carefully before listing any
product or before purchasing any products. These terms of sale are
use and all other policies of the website. Seller may include
additional or conflicting terms and conditions of sale in the
product listing or product description as made available on the
website ('additional terms of sale'). If there is any conflict
between these terms of sale and the additional terms of sale, the
additional terms of sale shall take precedence to the extent of
such conflict and in relation to that sale. If a seller does not
agree with these terms of sale, please do not list of make any
offer for sale of any products on the website and if a buyer does
not agree to these terms of sale and additional terms of sale,
please do not buy or attempt to buy any product listed on the
These Terms of Sale are subject to revision at any time and hence
both Buyers and Sellers are requested to carefully read these
Terms of Sale from time to time before listing any Product or
before making any purchase of the Products. The revised Terms of
Sale shall be made available on the Website.
You are requested to regularly visit the Website to view the most
current Terms of Sale. It shall be your responsibility to check
these Terms of Sale periodically for changes and Buyer should also
check Additional Terms of Sale of the Seller on the Product
listing. You may be asked to provide your specific consent to any
updates in a specified manner before any further use of the
Website and related services. If no separate consent is sought,
your continued use of the Website following such changes and
modifications to the Website or these Terms of Sale will
constitute your acceptance of such changes or modifications.
Offer and acceptance of the product
The Seller hereby makes an offer to sell the Products
listed by Seller on the Website and the Buyer upon
agreeing to purchase the Products so listed by the Seller
hereby accepts such offer to sell by the Seller.
Accordingly, the contract for sale of the Product is be a
bipartite contract between Buyer and the Seller. Zood is
not a third party beneficiary under such bipartite
contract. The Buyer understands and agrees that the offer
for sale of the Product by the Seller is not an absolute
or an un-conditional offer. Such offer to sale by the
Seller is subject to repudiation by the Seller at any time
before the delivery of the Product to the Buyer and
without any obligation to assign or provide any reason for
such repudiation and without any consent from the Buyer
and without any liability or any obligation towards the
Buyer. The Seller and Buyer understand and agree that Zood
has the right to cancel any sale transaction, listing or
acceptance (i) for any reason in accordance with the
Seller Agreement, these Terms of Sale, Website Terms of
between Zood on one hand and the Seller or the Buyer on
the other hand, or (ii) under an order or instruction from
any statutory, quasi-judicial or judicial authority.
Zood also respects the intellectual property rights of all
entities. If you believe that your intellectual property
rights have been violated in any manner, please send a
Notice of Infringement of Intellectual Property ('IP
Infringement Notice'). Please send the duly filed out IP
Infringement Notice via email to us.
The availability of the Product under the offer to sell is
subject to change without notice prior to the purchase of
the Product by the Buyer. However, there may be
circumstances where the Product may not be available to be
delivered to the Buyer after the purchase transaction. In
such an event, Seller may cancel or instruct Zood to
cancel such purchase transaction without any recourse to
Buyer and without any liability to the Seller or to Zood.
If Buyer's order is so cancelled, after the payment has
been processed, the said amount will be reversed /
remitted to the Buyer either to the bank account provided
by the Buyer for such reversal, or to the payment
instrument of the Buyer from which payment was made, or to
any pre-paid payment instrument account of the Buyer. Zood
shall have the sole discretion to determine the mode of
reversal from the above options
With respect to the sale of Product by Seller to the
Buyer, the Seller hereby represents and warrants to the
Seller has the right to sell the Products to the Buyer
on or through the Website;
Buyer shall have and enjoy quiet possession of the
Products shall be free from any charge or encumbrance
in favour of third party
Buyer shall be entitled to all the warranties and
other collaterals made available by the manufacturer
or seller of the Product
Product shall meet the description and specifications
as provided on the Website.
For all products, seller's warranty shall be valid at
least for 90 days after purchase.
The Selling Price of the Product is subject to change
without notice prior to the purchase of the Product by the
Buyer. The Selling Price is provided on the Website on 'as
is' basis. Due to technical reasons there may be errors in
Selling Price which may be corrected by Zood at any time
and any acceptance of offer of sale by the Buyer of the
Products subject to such faulty Selling Price shall,
subject to discretion of Zood, not be a valid acceptance
and such transaction can be avoided by Zood and/or the
All prices on Zood are inclusive of shipping fee and taxes
unless stated otherwise.
Delivery of the product
The Product shall be delivered through the logistics
provider selected by Zood. The risk of any damage, loss or
deterioration of the Products during the course or
delivery or during transit shall be on the Seller and not
on the Buyer. Seller represent and warrant that the
Products being delivered are not faulty and are exactly
those Products which are listed and advertised by Seller
on the Website and purchased by the Buyer and meet all
descriptions and specifications as provided on the
There may be certain locations/addresses which may not be
serviceable by logistic service providers or by Seller. In
such cases, Buyer may provide an alternate shipping
address on which the Product can be delivered by the
logistics service provider or by the Seller. Buyer cannot
change the location after the shipping has commenced.
Please note that there is no guaranteed dispatch time and
any information about the dispatch time is estimate only
and should not be relied upon as such. Therefore, time is
not the essence of the bi-partite contract between the
Buyer and the Seller for purchase and sale of Product on
or through the Website and App. However, the Product shall
not be delivered to the Buyer unless the Buyer makes the
payment of the purchase of Product.
Buyer shall be bound to take delivery of the Products
purchased by the Buyer that are said to be in a
deliverable state. Where Buyer neglects or refuses to
accept the delivery of the Products ordered by the Buyer,
the Buyer may be liable to the Seller for such
non-acceptance and shall further be liable to Zood for any
loss of any fee or charges that Zood and its third parties
shall have earned from the Seller if such delivery or
transaction should have been completed. Buyer acknowledges
that such damages or loss to Zood and its third parties
are not consequential or indirect.
The title in the Products and other rights and interest in
the Products shall directly pass on to the Buyer from
Seller upon delivery of such Product and upon full payment
of price of the Product. Upon delivery, the Buyer is
deemed to have accepted the Products. The risk of loss
shall pass on to the Buyer upon delivery of Product.
Deemed receipt: In the event Buyer didn't receive the
Product in the maximum estimated lead time, Buyer should
contact Zood within 3 days immediately from such estimated
delivery date, Zood will try the best to locate and
deliver the Product. If Zood does not hear from Buyer
within 3 days from such delivery date, Buyer shall be
deemed to have received the Product.
Return policy for products
Buyer's Product related complainant for refund or
replacement will be processed in accordance with the
return policy of Zood. However, in the event of false,
frivolous or baseless complaints regarding the delivery or
quality of the Products, the Buyer will not be eligible
for refund or replacement.
Before accepting delivery of any Product, the Buyer shall
reasonably ensure that the Product's packaging is not
damaged or tampered.
The return process of a Product may be subject to
additional terms depending on the nature and category of
the Product. Any such additional terms may be specified on
the Website or be intimated by the Seller at the time of
purchase of the Product.
In the event the return of a Product is duly accepted by
Zood, the value of such Product, as originally paid by
Buyer during acceptance of Product, will either be
refunded to Buyer either to the bank account provided by
the Buyer for such refund, or to the payment instrument of
the Buyer from which payment was made, or to any pre-paid
payment instrument account of the Buyer. Zood shall have
the sole discretion to determine the mode of reversal from
the above options.
If Zood on behalf of seller provides replacement goods or
give the buyer a refund, the non-conforming Goods or parts
thereof shall become Seller property.
Cancellation of transaction / orders
Cancellation by Seller: There may be certain orders that
Seller is unable to accept and has the right to cancel
either by the Seller directly or Seller can instruct Zood
to cancel such order. Seller reserves the right, at its
sole discretion, to refuse or cancel any order for any
reason whatsoever. Some situations that may result in
Buyer's order being cancelled include, without limitation,
non-availability of the Product or quantities ordered by
Buyer or inaccuracies or errors in pricing information.
Seller may also require additional verifications or
information before processing any order. All such
cancellation shall be without any recourse to Buyer and
without any liability to Zood. If Buyer's order is so
cancelled, after the payment has been processed, the said
amount will be reversed / remitted to the Buyer either to
the bank account provided by the Buyer for such reversal,
or to the payment instrument of the Buyer from which
payment was made, or to any pre-paid payment instrument
account of the Buyer. Zood shall have the sole discretion
to determine the mode of reversal from the above options.
In the event a promotional code given by Zood is used for
the purchase of the Product, the amount under such
promotional code shall not be refunded in case of
cancellation of order.
Cancellation by the Buyer: In case of requests for order
cancellations, Seller reserves the right to accept or
reject requests for order cancellations for any reason
whatsoever. As part of usual business practice, if Seller
receives a cancellation notice and the order has not been
processed, Seller may cancel the order and refund the
entire amount to Buyer within a reasonable period of time.
Buyer will not be able to cancel orders that have already
been processed by the Seller after 8 hours from the time
the order was placed. Buyer agrees not to dispute the
decision made by Seller and accept Seller's decision
regarding the cancellation.
Cancellation by Zood: Zood reserve the right to cancel
orders for any reason at any time. If an order is not paid
within 3 days after it is placed, it may be cancelled by
Set-off of any benefits availed by the Buyer: In case the
Buyer has availed any benefit under any marketing or
promotions provided by Zood in relation to the Product for
which the order has been cancelled by the Buyer or by the
Seller, Buyer agrees and authorizes Zood to recover such
benefits from the Buyer or set-off the same from any
refunds to the Buyer.
These Terms of Sale shall be governed in accordance with
the laws of Switzerland without reference to conflict of
laws principles. Any and all disputes against Zood shall
be exclusively referred to arbitration by sole arbitrator
appointed by the Swiss Chambers' Arbitration Institute.
The seat of the arbitration shall be Geneva, Switzerland.
The arbitration shall be held in accordance with the Swiss
Rules of International Arbitration, 2012 of the Swiss
Chambers' Arbitration Institute. The decision of the
arbitrator shall be final and binding on the Parties.
You acknowledge that these Terms of Sale are solely for
your benefit. It is not for the benefit of any other
person, except for your successors and permitted assigns.
If you have any questions or complaints, please contact Zood
Disclaimer by Zood
Zood's role is that of an intermediary in the form of an
online marketplace and is limited to managing the website
to enable seller to exhibit, advertise, display, make
available and offer to sell the products and to enable
buyer to purchase the products so offered, and other
incidental services to facilitate the transactions between
sellers and the buyers. Accordingly, the contract for sale
of any of the products shall be a bipartite contract
between seller and the buyer. At no time shall Zood have
any obligations or liabilities in respect of such contract
nor shall Zood hold any title in the products. The title
in the products and other rights and interest in the
products shall directly pass to the buyer from the seller.
Zood does not control, endorse or accept responsibility
for any product (including but not limited to product
catalogues) offered by sellers accessible through the
website, apps or any linked sites. Zood makes no
representations or warranties whatsoever about, and shall
not be liable for, the seller or any such third parties,
their products including representations relating to
merchantability, fitness of a product or service for a
particular purpose, and non-infringement of third party
intellectual property rights. Any transactions that buyer
may have with such third parties are at buyer's own risk.
The products shall be subject to seller's terms and
conditions for warranty, service and maintenance, and Zood
does not accept any responsibility for the same. Zood also
does not accept any responsibility for the usage of the
products by the buyer.
Zood specifically disclaims any liability with regard to
any illegal, infringing, fake, duplicate, spurious,
defective or counterfeit, refurbished, expired products
purchased by buyer from the seller and Zood shall not
assume any liability if the product purchased or availed
by buyer from the seller is not exactly as per
specifications detailed in the purchase confirmation
Zood is in no way responsible or liable for the offer for
sale or sale of the Product by the Seller to the Buyer,
its delivery, the warranty terms (if any) related to the
Product and the return, refund or cancellation of purchase
of any Products.
Zood does not warrant that the sale price provided by the
Seller of the Product is accurate, proper and valid. Any
error in the sale price shall be solely attributed to the
Seller and not to Zood. Prices, Product description and
availability of the Product are Seller's responsibility.
Buyer expressly acknowledges that the Seller selling the
defective Product will be responsible to Buyer for any
claims that Buyer may have in relation to such defective
Product and Zood shall not in any manner be held liable
for the same.
Zood shall not assume any liability for the
non-availability of the Product, delivery of the Product
directly by the Seller and the installation of the Product