Terms and Conditions

Offer and acceptance of the product

1. 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. ZoodMall 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 ZoodMall 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 Use, Privacy Policy or under any contract or policy between ZoodMall 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.

Product(s)

1. ZoodMall 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.
2. 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 ZoodMall to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to ZoodMall. 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. ZoodMall shall have the sole discretion to determine the mode of reversal from the above options
3. With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
   1. Seller has the right to sell the Products to the Buyer on or through the Website;
   2. Buyer shall have and enjoy quiet possession of the Products;
   3. Products shall be free from any charge or encumbrance in favour of third party
   4. Buyer shall be entitled to all the warranties and other collaterals made available by the manufacturer or seller of the Product
   5. Product shall meet the description and specifications as provided on the Website.
   6. For all products, seller's warranty shall be valid at least for 90 days after purchase.

Pricing Information

1. 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 ZoodMall 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 ZoodMall, not be a valid acceptance and such transaction can be avoided by ZoodMall and/or the Seller.
2. All prices on ZoodMall are inclusive of shipping fee and taxes unless stated otherwise.

Delivery of the product

1. The Product shall be delivered through the logistics provider selected by ZoodMall. 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 Website.
2. 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.
3. 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.
4. 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 ZoodMall for any loss of any fee or charges that ZoodMall 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 ZoodMall and its third parties are not consequential or indirect.
5. 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.
6. Deemed receipt: In the event Buyer didn't receive the Product in the maximum estimated lead time, Buyer should contact ZoodMall within 3 days immediately from such estimated delivery date, ZoodMall will try the best to locate and deliver the Product. If ZoodMall 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

1. Buyer's Product related complainant for refund or replacement will be processed in accordance with the return policy of ZoodMall. 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.
2. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
3. 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.
4. In the event the return of a Product is duly accepted by ZoodMall, 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. ZoodMall shall have the sole discretion to determine the mode of reversal from the above options.
5. If ZoodMall 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

1. 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 ZoodMall 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 ZoodMall. 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. ZoodMall shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by ZoodMall is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order.
2. 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.
3. Cancellation by ZoodMall: ZoodMall 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 ZoodMall.
4. Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by ZoodMall in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes ZoodMall to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.

Governing Law

1. 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 ZoodMall 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.
2. 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.

Communications

Disclaimer by ZoodMall

1. Zoodmall'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 zoodmall have any obligations or liabilities in respect of such contract nor shall zoodmall 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.
2. Zoodmall 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. Zoodmall 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 zoodmall does not accept any responsibility for the same. Zoodmall also does not accept any responsibility for the usage of the products by the buyer.
3. ZoodMall 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 zoodmall 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 order.
4. ZoodMall 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.
5. ZoodMall 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 ZoodMall. Prices, Product description and availability of the Product are Seller's responsibility.
6. 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 ZoodMall shall not in any manner be held liable for the same.
7. ZoodMall 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 where required.