1.1.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.
1.2.The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms on the Application. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify you of any changes to the Terms and Conditions. If you continue to use the Platform, Content (as defined below), Spare Parts after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest of the Terms and Conditions.
1.3.No information provided on the Platform shall be considered a substitute for your independent investigation. These Terms are collectively an electronic record in terms of the Indian Contract Act, 1872; the Information Technology Act, 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. These Terms are generated by a computer system and do not require any digital or electronic signature.
2.1.“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.
2.2.“Content” herein includes (but is not limited to) images, audio, video, location, data, nearby places, reviews and all other form of information or data.
2.3.“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.
2.4.“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.
2.5.“Offer” shall mean the estimate price or the initial commercial quotation of the Spare Parts displayed on the Platform.
2.6.“Price” means the proposed price for the Spare Parts.
2.7.“Product Description” means the specifications pertaining to the Spare Parts, as well as, design specification which define the intended purpose of the Spare Parts.
2.8.“Purchase Order” means an order of supply of Spare Parts including the acceptance by the Seller.
2.9.“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.
3.1.You hereby represent and warrant that you are eighteen (18) years of age or above competent to form a legal binding contract by agreeing to the Terms, herein, such contract is governed by Indian Contract Act, 1872. You agree to abide by and comply with the Terms stated therein.
3.2.You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Platform to browse, and/or buy the Spare Parts, only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third-parties.
3.3.If You will be using our Platform to browse, and/or buy the Spare Parts on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to act on behalf of your organization.
5.1.All Offers made by the Seller pertaining to the Spare Parts are non-binding and subject to confirmation by the Seller. All Purchase Order placed by the User shall be binding offer of a contract. Acceptance of the Purchase Order may be communicated by the Seller through confirmation of order.
5.2.A User can make a placement of order of Spare Parts vide; (i) through the Platform, or (ii) by contacting Our User representative to place a Purchase Order on the User’s behalf. No placement of order shall be binding on the Seller, unless an acceptance of the same is communicated to the User by the Seller.
5.3.Product Description or any other information provided by the Seller with regards to the Spare Parts does not constitute a guarantee of the characters, properties or quality but is merely a description on “AS IS” basis.
5.4.Information and recommendations from the Seller are not binding and are made excluding all liability unless the Seller has undertaken expressly and in writing to give information and recommendations. The User shall be responsible for investigating whether a product is suitable for the User's particular applications. Any details and information provided by the Supplier in relation to its goods do not constitute any promise as to their suitability for the User’s purposes.
5.5.The Seller reserves the right to make changes with respect to the delivery of Spare Parts (e.g. weights, dimensions, functional specifications, load-bearing capacities, tolerances, technical data or product descriptions) as well as any representations thereof (e.g., drawings and illustrations), provided that these do not significantly alter or improve the quality of the deliverables and these changes or deviations are reasonably acceptable to the User.
The Seller shall provide the Spare Parts to the Users as identified in the Contract.
The Seller guarantees that the Spare Parts are free from liens, encumbrance, or privileges except for the Seller’s retention of title.
The Seller warrants that the Spare Parts and related services will not infringe any patent, copyright, know-how or other proprietary right of any third party, when operated in accordance with the purpose and scope of the Contract. However, the Seller cannot be held responsible for such infringement if it results from the use or purchase of the Spare Parts not supplied by the Seller, or in a country that was not initially agreed to, or according to instructions, designs or specifications provided by the User. The User shall promptly give to the Seller a notice in writing, if any circumstance arises which with reason is likely to result in a claim under the above guaranties. The Seller shall use its best efforts to remedy such actual breach, which includes removing any lien or encumbrances on the Spare Parts or, at the Seller’s choice, replace or modify the Spare Parts that infringes the rights of third parties.
However, the Seller disclaims that they are merely a distributor of the Spare Parts of OES/OEM brands, hence are not liable in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Spare Parts of OES/OEM brands, listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform.
The User agrees to abide by these Terms and Conditions when using the Platform.
The User must ensure the terms of the order and any information it provides to the supplier are complete and accurate.
The User must co-operate with the Seller in all matters relating to the Spare Parts.
The User must provide the Seller with such information and sample materials as the Seller may reasonably require delivering the Spare Parts and ensuring the information is accurate in all material aspects.
The User must obtain and maintain any necessary licences, permissions or consents which may be required to purchase such Spare Parts.
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.
For each lot of Spare Parts delivered to the User, the Seller shall send the User an Invoice stating the details of the Purchase Order. Each Invoice shall specify: (i) the order number; (ii) the type and description of the Spare Parts delivered, (iii) order date, (iv) mode of transportation, (iv) User’s details, and (v) the payment terms.
However, the price mentioned in the Invoice is subject to change prior to delivery on the account of any specific requirements. In the event of any specific requirement (including without limitation any design, specification, ordered quantity, shipment dates / changes) representing a price increase, or in the event of changes in market conditions which impact costs, the User will be notified and afforded an opportunity to confirm by the Seller through telephonic communication. In the event that the User does neither confirm nor object to the Seller’s notice, the price increase is deemed accepted by the User.
In case the performance of the Contract is substantially delayed at the request of the User or for reasons due to the User, the prices may be revised by the Seller to impact a fair and balanced increase in costs of performance of the Contract, including but not limited to, an increase in the cost of raw materials, labour, or any cost related to changes in applicable laws and regulations.
You agree and acknowledge, that in the circumstances mentioned above in 7.1 (a) to 7.1 (d), any act of the Seller altering the pricing information of any product shall not be the liability of GoMechanic Spares.
The payment terms shall be as confirmed in the order acknowledgement and in accordance with the invoice supplied to the User. Payments are made to the Seller without set offs of any potential claim. The User can opt from either of the three payment options; (i) Cash on Delivery (COD), (ii) Third Party Internet Service Providers, or (iii) Equated Monthly Instalments (EMI)
CASH ON DELIVERY (COD)
In the event, the Invoice amount is less that INR 20,000 (Rupees Twenty Thousand Rupees); The User will have the option of COD for the purchase of Spare Parts. The User will be required to make the payment against the purchase of the Spare Parts immediately at the time of delivery. Any act of the User failing to provide the payment as per Invoice to the Seller’s agent/executive, will provide the right to the Seller to refuse the delivery of the Product.
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 GoMechanic Spares 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.
EQUATED MONTHLY INSTALLMENTS (EMI)
Payment through Equated Monthly Installments (EMI) against the purchase of the Spare Parts shall be made available to the User at the sole discretion of the Seller. Further, the EMI rates for the payment will be fixed by Seller in accordance with the Purchase Order/Invoice/Applicable Taxes.
7.3.DELAYS IN PAYMENT
The User must make the payment for the purchase of the Spare Parts; (i) immediately at the time of delivery in the case of COD, (ii) immediately at the time of Invoice generation, in case of payment through third party internet payment service providers, (iii) at the designated date per month, in the case of payment through EMI.
In the event, the User fails to make the payment within forty-eight (48) hours from the date the payment is due, the Seller will have a right to require immediate payment of all outstanding amounts and shall be further entitled to seek suitable damages against the User. Any additional costs due to late payment will be charged to and shall be paid by the User.
8.1.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. The Discounts offered shall be a binding agreement on the Seller, further, the Seller has the right to modify or cancel such Discounts at any time at their sole discretion.
8.2.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.
8.3.Unless otherwise mentioned in a specific Discount offer, the User shall be barred from using several Discounts cumulatively when placing a given order. Where the User mentions their possession of several Discounts on the Platform concurrently, the User shall only be able to use the Discount of the largest amount for the same order.
8.4.You agree and acknowledge that the price of any product is exclusively determined by the Seller, over which GoMechanic Spares as a Platform has no control. Therefore, GoMechanic Spares cannot be held liable in case of discrepancy in the product pricing including but not limited to Discounts, offers, special offers.
9.1.Any special delivery instructions must be given by the User prior to acceptance of the Offer so that the Seller has the possibility to adjust its price and the User will assume any cost attributable to a variation in the delivery instructions or place of delivery.
9.2.Shipment and delivery dates/lead times indicated on Purchase Order and the order confirmation are estimated and are not guaranteed unless specified. The Seller shall not be liable for failure to fill any order or deliver the goods or for delay in delivering the goods due to any causes whatsoever beyond the Seller’s control or in the event of the curtailment of manufacturing or delay in delivery.
9.3.The Seller is only bound to respect the date of delivery if the User has complied with all of the commitments deriving from previous contracts with the Seller. The date of delivery will be proportionally extended when the User is in moratorium with the fulfilment of their commitments. In the event, the delivery is delayed due to causes attributable to the User; the User must still make the payments on the basis of the terms of delivery foreseen originally.
9.4.The Seller reserves the right to deliver on a pro-rata basis the Spare Parts and the Seller agrees to pay for such partial deliveries.
10.1.The risk in the Spare Parts shall pass to the purchaser upon delivery but title and beneficial ownership thereof shall remain with the Seller until it has received full payment of all outstanding payment. Throughout the period of the Seller's beneficial ownership, the Purchaser shall in their fiduciary capacity hold such Spare Parts and any proceeds or claim arising there from, for the Seller's benefit.
10.2.The Spare Parts delivered must be accepted by the User irrespective of any warranty rights. The User is bound to check the packaging on receipt of the Spare Parts, ensure proof and within forty-eight (48) hours report any visible defects to the Seller through message communication, telephonic communication, email, or User care helpline. If the above-mentioned procedure is not followed, the supply will be considered accepted in relation to the condition and completeness.
10.3.If the packaging is damaged, the User must adopt all necessary measures to prevent further imminent damage and to limit any damage already caused, and immediately report the same to the Seller for resolution.
11.1.The Company does not warrant that the results that are obtained from the use of the Platform will be accurate or reliable. You agree that, except as expressly stated by the Company, the Spare Parts provided/delivered to you through the Platform are provided 'as is' and 'as available' to you, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties.
11.2.While we endeavour to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
11.3.In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if the Company has been advised of the possibility of such damages.
11.4.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.
12.1.Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Application on your personal device solely in connection with browsing and/or buying the Spare Parts; and (ii) access and use any content, information, and related materials that may be made available through the Application, in each case, solely in connection with your browsing and/or buying the Spare Parts. The Company and its licensors reserve all rights not expressly granted herein.
12.2.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, the Spare Parts and the Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Platform and the intellectual property rights vested therein is owned by the Company.
13.1.Users shall be prohibited from carrying out any illegal act on the Platform; including but not limited to acts mentioned below:
violating or attempting to violate the integrity or security of the Platform;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
Any unlawful activities in the Platform which are prohibited by laws of India.
13.3.The Company may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the Customer has consented to data transfer.
Copyrights, trademarks, patents, patent applications or any other intellectual property rights (the "Intellectual Property Rights") over any documents, projects, studies, plans, design, innovation, software and components related to the Spare Parts (even if they have been specifically developed to address the User’s specific needs) are and shall remain the exclusive property of the Seller. The price of the Spare Parts does not include the transfer of Intellectual Property Rights nor the expertise associated with them. No right, express or implied, in relation to the Intellectual Property Rights is granted to the User.
The Platform is designed, updated and maintained independently by the Company. When you access the Platform, you do so under a license granted from us. All rights, titled and interest in text, graphics, audio, design and other works on the Platform together with all the intellectual property related thereto including inter alia the domain name, copyrights, the look and feel of the Platform, the trade name and trademarks, patents and designs are the sole property of the Company or its licensors. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. Content on the Platform is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Platform for any commercial purpose is a violation of the intellectual property of the Company and/or its affiliates or associates or of its third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
You acknowledge and agree that through your use of the Platform or by buying Spare Parts through or at the Platform, no right (empress or implied) is granted to you in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
15.1.The User represents and warrants that any information provided by the User in connection with the User’s use of the Platform is and shall remain true, accurate and complete, and that the User will maintain and update such information regularly. The User agree that if any information they provide to the Company is false, inaccurate, obsolete or incomplete, the Company may terminate the User’s use of and access to the Platform.
15.3.Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to the User in connection with criminal proceedings. The User understands and agrees that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
17.1.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.
17.2.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.
If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
18.3.The Company provides these Terms so that the Users are aware of the Terms that apply to the User’s use of the Platform and the Spare Parts. The User acknowledges that the Company has given them a reasonable opportunity to review these Terms and they have agreed to the said Terms.
18.4.The Terms and Conditions are personal to User and are not assignable or transferable by User except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
18.5.All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two (2) days after it is sent, if sent for next day delivery by recognized overnight delivery service.
18.6.No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
19.1.The Company may terminate User usage of the Platform or any other related services at any time for any reason, including breach of the Terms. The Company has the right to refuse to grant access to Platform in case of unauthorised use or abusive use of the Platform. Except for the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
19.2.Once temporarily suspended, indefinitely suspended or terminated, User may not continue to use the Platform under the same account, a different account or re- register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User.
19.3.User may terminate these terms at any time, for any reason. The obligations and liabilities incurrent by the parties prior to the termination date, for all intents and purposes, will survive the termination of these Terms. These Terms will remain in effect until either User or we terminate them. If User fail, or we suspect User have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and User will remain liable for all amounts due up to and including the date of termination.
User use or misuse of, or access to, the Spare Parts and Platform; or
User violation of the Terms; or any applicable law, contract, policy, regulation or other obligation. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with us in connection therewith.