General Terms & Conditions

 

Preamble

Thanks for choosing BYER. These Terms of Use contains important information about your relationship with BYER E-Commerce Portal by defining the rights of and duties between BYER E-Commerce Portal and yourself, in the context of the referencing, promotion, advertisements, distribution, sale and purchase in BYER. E-Commerce Portal 

Defined Terms

1. digitalbyer mean byer E-Commerce Portal which is also referred herein as “we,” “us” and “our.”
2. "Website" mean www.digitalbyer.com
3. “You” or “your” mean any user/ customer/consumer/organisation of byer E-Commerce Portal and any person who has notice of these Terms of Use.
4. “Terms of Use” mean these Terms of Use and all other terms and policies posted by byer on the digitalbyer.com E-Commerce Portal including any updates to these Terms of Use and those terms and policies.
5. “Accepting your order” mean acknowledging your order.

I. Your Use Of The BYER Website

a) Ownership

www.digitalbyer.com is owned and operated by BYER. Our registered office is H 30 ARUNA NAGAR, CIVIL LINES, DELHI-110054. All rights in this website are owned by us. Any unauthorized use, copying or modification is prohibited.

b) Conditions

All transactions made by you on the BYER www.DIGITALBYER.com, which is designed, developed, operated and maintained by BYER

You agree that in no event BYER. Showrooms, its affiliates, directors, officers, agents, consultants or employees be liable nor bears any responsibility of any nature whatsoever for usage, product purchase or service including inter-alia claims relating to payment and delivery of the products and the like, through the BYER Digital Platform.

Also, you hereby waive any and all claims against BYER Showrooms and or its representative arising as a result of or in relation to the usage, product purchase or services including inter-alia claims relating to payment and delivery of the products and the like.

Please mind that you will become bound by these Terms and conditions provisions once you access our website. If you violate or do not agree to this User Agreement, then your access to and use of the website is unauthorized.

c) Competent to Contract

By accessing BYER E-Commerce site, you affirm that you are in Sound Mind with Eligible Legal Age (as defined by Indian Contract Act 1872) to enter into this terms of use. If you do not have the legal age, then you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you accept for an organization, you are confirming us that you are authorized to bind that organization

d) Amendments

We may, at our sole discretion, update this User Agreement from time to time. You agree that it is your responsibility to regularly check this User Agreement periodically for changes. In addition, your continued use of the website following the posting of changes will mean that you accept and agree to the changes. Further, it is your responsibility to carefully read, agree with and accept the terms or any other terms and condition.

II. Your Account And Password Security

(1) You are solely responsible for maintaining the confidentiality and security of your account including username, password, Debit/Credit Cards,CVV’s and PIN.BYER is not responsible for any losses arising out of the unauthorized use of your account.

(2) You agree that you will be solely responsible for all activities that occur under your account.

(3) You agree that BYER does not have any responsibility if you lose or share access to your device. However, if you become aware of any unauthorized use of your account, it is your duty to inform us immediately.

 

III. Our Contract

(1) The products/services, information, promotions, etc displayed on the Website is an "invitation to offer" to public at large. Your order for purchase constitutes your "offer" which shall be subject to acceptance or rejection by BYER and shall further subject to the terms and conditions as listed.

(2) If you have supplied your valid email address or contact number, BYER will notify you by email (usually the third e-mail) acknowledging your order. You should check emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us.

(3) Your order will be accepted by SELLER (and a contract will then be formed between YOU AND SELLER) when we SELLER DISPATCH the goods to you.

(4) No act or omission of SELLER prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer WITH THE SELLER. Alternatively we may decline all or part of your order at our discretion for any reason, in which case we will notify you through mail.

IV. Offers, Promotions And Promotional Code

(1) Offers, Promotions and Promotional Codes enable you to obtain benefits such as discounts, free delivery and free gifts. These are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:

a. you are entitled to use the code;

b. you meet all the conditions that apply to its use;

c. you agree to the terms set out below.

2) If, before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied.

(3) If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may cancel your order or you will be informed the same.

V. Certain Restriction And Refusal

Errors in Pricing

(1) In the event that a Product is listed at an incorrect price due to an error in pricing that appears on the Website or during the order process.BYER shall have the right, at BYER sole discretion, to refuse or cancel your orders placed for that Product and notify you of such cancellation.

(2) There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, BYER will in good faith try to resolve any issues that may arise as a result of such errors.

(3) You agree to cooperate with BYER to resolve such issues amicably and mutually. Further, you agree that BYER shall have full discretion to determine the appropriate resolution in such cases.

Quantity/Value Restrictions

BYER reserves the right, at its sole discretion and without prior notice, to limit the quantity/value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card, debit card or UPI and also to orders that use the same billing and/or shipping address.

Product Out of Stock Before/After Order Acknowledgement

(1) Certain products would have been in stock when your order was acknowledged, but after your payment was confirmed, if your ordered product went out of stock, BYER reserves the right, at its sole discretion to ship it to you once the next shipment of stock arrives or to cancel the order. In either of the case we will notify you.

(2) If any of the products in your order went out of stock after your payment was confirmed, SELLER will either ship all the in-stock products that you have ordered first, and products which are out of stock, SELLER will ship it to you immediately once the next shipment of stock arrives or we will ship all the products in the order as soon as the out of stock products becomes in-stock.

(3) If any of the products in your order was already out of stock, when you made the order, SELLER will ship all items in the order, only when the new stock arrives. However, in some situations we might ship the items that are available, first.

Improper Use of the Website

Certain orders may constitute improper use of the Website and Services BYER reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at BYER sole discretion

VI. Site Contents

(1) BYER is pleasured to welcome you to its website. However, the contents of it are our property. Our rights on the website is protected by Intellectual Property Laws (copyrights, trademarks, and database rights). Misuse of this website may incur civil liability or attract criminal liability.

(2) However, we grant you a limited, non-exclusive and revocable license to access our website for the purposes of browsing products, offer(s), ordering products from us or obtaining contact information of us.

(3) You are expressly not permitted to download any part of our website, to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our interests.

(4) However, you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link

VII. Pricings

(1) Pricing for products may be different on the website or from prices available in Showrooms.

(2) Website offers, promotion and pricing is valid for the purchase done at the website.

(3) Showroom offers, promotion and pricing is valid for the purchase done at the respective Showroom.

VIII. Advertisement

(1) Some of the services are supported by advertisements. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information. The manner, mode and extent of advertising by BYER on the services are subject to change without specific notice to you.

(2) In consideration BYER granting you access to and use of the services, you agree BYER may place such advertising on the services.

IX. Payment And Billing

(1) BYER reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice.

(2) All billing information you provide to us must be truthful and accurate.

(3) You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).

(4) You agree that we may add all the due amount of yours in the current or next billing cycle without additional notice or consent unless required otherwise by law.

X. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from SELLER and you agree to bear any and all applicable taxes including but not limited to service tax, GST, etc.

XI. Proof Of Identification

BYER, reserves the right to ask for proof of identification at the time of delivery of your order. Failure to provide the same by you, gives us the right to reject the delivery of your order and in consequence, cancel your order and notify you of such cancellation.

 

 

 

 

XV. Force Majeure And Fault Of Third Parties

(1) BYER will perform obligations by law, but BYER will not be liable for breach in performance or changes in obligations to be performed arising from:

a) Natural disasters, Epidemic, Pandemic, strikes, riots, wars, act of government , judicial orders and other force majeure factors

b) Service interruption or disruption due to power supply failure, tele communication network failure and other public service factors, or hacking, virus intrusion, government control and any other network, technology, communication, information or/ and security issues.

XVI. Warranty

(1) You agree that any warranty on any product sold through BYER online is provided by the manufacturer of that product.

(2) To the fullest extent permitted by applicable law, neither BYER will be liable for any indirect, incidental, or consequential damages attributable to your use of any product purchased through BYER Digital Platform.

XVII. Limitation Of Liability And Disclaimer

(1) To the extent permitted by law, you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other.

(2) To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss.

(3) This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused for you or a third party, by any act of nature, or by any criminal activity by someone unrelated to us.

XVIII. Indemnification

(1) You also agree to defend indemnify, and hold BYER and our CEO’s, Managers, Executives, Staffs, etc. including our properties, harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the website or any breach by you of these Terms and Conditions.

(2) We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

XIX. Governing Law And Jurisdiction

These terms and any other terms and condition shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at DELHI