ASHVIN AUTO PARTS

BUYER TERMS AND CONDITIONS

These Buyer terms and conditions (the “Buyer Terms and Conditions”) shall be applicable specifically to Buyers (defined hereunder) in addition to the “General Terms of Use” available at https://www.ashvinautoparts.com/terms-conditions/. These Buyer Terms and Conditions describe the terms on which a Buyer can avail the Buyer Services (defined hereunder) through the Platform.

In the event of any conflict or inconsistency between the General Terms of Use and these Buyer Terms and Conditions, then the provisions of these Buyer Terms and Conditions shall prevail, to the extent of such conflict or inconsistency.

PLEASE READ THESE BUYER TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS A BUYER ON THE PLATFORM. THE BUYER’S REGISTRATION ON THE PLATFORM SHALL SIGNIFY THE BUYER’S UNCONDITIONAL ACCEPTANCE OF THE BUYER TERMS AND CONDITIONS AND THE BUYER’S AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Defined terms

All defined terms used in these Buyer Terms and Conditions shall have the same meaning as assigned to them under the General Terms of Use, unless otherwise specifically defined herein. The Buyer Terms and Conditions, together with the General Terms of Use, shall be referred to as the ‘Terms of Use’ of the Platform in relation to the Buyer.

The following defined terms shall apply in these Buyer Terms and Conditions:

  1. “Buyer” shall mean a buyer of the Products listed on the Platform.
  2. “Buyer Services” shall mean the services described in the below Clause of these Buyer Terms and Conditions.
  3. “Logistics Partner” shall mean a logistics service provider approved by Ashvin auto parts and communicated from time to time.
  4. “Shipment” shall mean any Product, which will be transported by the Logistics Partner under a single waybill.

Registration

  1. The Buyer shall be permitted to access the Platform and use the Buyer Services, only upon creating an Account by registering on the Platform.
  2. The Buyer’s ability to continue using the Platform to avail the Buyer Services is subject to continued registration on the Platform.
  3. In order to register as a Buyer on the Platform, the Buyer will be required to create a user name and password, and provide such details as indicated as necessary, including but not limited to the Buyer’s name (or name of company/ other entity/individual, as the case may be), address, phone number and email address.

Buyer Services

  1. The Platform provides the following services for Buyers (collectively, “Buyer Services”):
  2. It allows Buyers to view the Products offered for sale , along with any offers, packages and prices;
  3. It facilitates regular interface of Buyers  to order and pay for Products, availed of the facility to accept orders and online payment through the Platform;
  4. It enables the Buyers to receive order information acknowledgements and dispatch information acknowledgements;
  5. It may provide Buyers with the option to post feedback and ratings in relation to the product
  6. It facilitates shipment, return or exchange of Products, where applicable, or cancellation of orders/Products;
  7. It serves as a medium to drive improvements in the quality of Products sold by company  based on Buyer feedback; and
  8. Any other services as may be provided or offered by Ashvin auto parts to the Buyers from time to time.

The Buyer Services are only being provided to facilitate purchase of Products on the Platform, and Ashvin auto parts shall not be responsible for the transaction to be entered into between a Buyer and a Seller. All commercial and contractual terms for any sale of the Products through the Platform are those offered by the Seller only, and the Products shall be sold on such terms as agreed upon between the Seller and the Buyer alone. Such commercial and contractual terms include without limitation, Product prices, terms, date, period, warranties and after-sales services. Ashvinautoparts does not determine, advice, have any control over, or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the Sellers and the Buyers. Ashvinautoparts shall not and is not required to mediate or resolve any dispute or disagreement between the Buyer and the Seller.

Conditions applicable to Buyers

  1. Any orders placed by Buyers for Products through the Platform shall be subject to the Terms of Use and the Buyers are deemed to have read and accepted the same at the time of ordering the Product.
  2. Buyers may conduct searches on the Platform to look to order the Products. The results for searches are derived on the basis of an algorithm which considers various factors, including but not limited to, the proximity to location from where the order has been placed, Buyer reviews and feedback, pricing, etc. In either case, Ashvinautoparts does not have any control over the results of searches carried out by Buyers on the Platform. .
  3. When a Buyer places an order to purchase a Product from the Platform, the Buyer will receive an e-mail confirming receipt of the Buyer’s order and containing the details of the Buyer’s order. The e-mail is acknowledgement that Ashvinautoparts has received the Buyer’s order on the Platform

Representations and Warranties by Buyers

Each Buyer represents and warrants the following:

  1. The Buyer shall provide genuine feedbacks, review, ratings and comments about the products and shall not provide information which is not accurate or true;
  2. For all the Products listed on the Platform and purchased by the Buyer, the Buyer shall raise requests for returns, refunds and adjustments only in accordance with the Buyer Protection Policies.

Payments

  1. No fee is presently applicable for registration on the Platform or for placing orders for Products on the Platform by a Buyer.
  2. For making payment for the Products bought on the Platform, Buyers have to make online payments on the Platform, further details of which are available in the Buyer Policies. To the extent permitted by applicable law, Ashvinautoparts may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
  3. Receipts for payments made by Buyer shall be sent to Buyer’s registered email address. In order to make payments online, Buyers undertake to use a valid payment card, to have sufficient funds or credit available to complete the payment and have an Account on the Platform in good standing. By providing payment card information, Buyers represent, warrant, and covenant that: (i) the Buyer is legally authorized to provide such information; (ii) the Buyer is legally authorized to perform payments from the payment card account; and (iii) such action does not violate the terms and conditions applicable to the Buyers’ use of such payment card account or any applicable law. Ashvinautoparts shall use the payment card information as described in Ashvinautoparts’s privacy policy found at https://www.ashvinautoparts.com/privacy-policy-2/
  4. Buyers may add, delete, and edit the payment card account information provided from time to time through the Platform.
  5. Except to the extent otherwise required by applicable law, Ashvinautoparts is not liable for any payments authorized through the Platform using the Buyers’ payment card information. Particularly, Ashvinautoparts is not liable for any payments that do not complete because: (i) the Buyers’ payment card account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of the payment card account; (ii) the Buyer has not provided Ashvinautoparts with correct payment card information; (iii) the Buyers’ payment card has expired; or (iv) circumstances beyond Ashvinautoparts’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
  6. Ashvinautoparts reserves the right to charge a cancellation fee at any time by amending the applicable Terms of Use.

Disclaimers

  1. Ashvinautoparts does not implicitly or explicitly support or endorse the purchase of any Products on the Platform. Ashvinautoparts accepts no liability for any errors, defects or omissions, and provides no guarantee to rectify such errors, defects or omissions, whether on behalf of itself or any third parties
  2. Ashvinautoparts does not own any rights or interests in the logos, images, trademark etc. displayed along with the Product.

Remedies

  1. Ashvinautoparts reserves the right to at any time and without reason: (i) limit or remove access of the Buyer to the Platform and/or the Buyer Services or any part thereof; and/or (ii) delete the Account of the Buyer.

Logistics Services

The following conditions shall be applicable to all Product deliveries made in relation to sale transactions concluded through the Platform, by using a Logistics Partner:

  1. The Buyer shall pay the applicable logistics fees for the logistics services, as communicated from time to time.
  2. The Buyer shall be responsible for payment of all applicable taxes on the transportation, shipping and delivery of the Shipment.
  3. Ashvinautoparts and the Logistics Partner will not be responsible or liable in any manner for any damage to Shipments in the event of any “reverse pickup” from the consignee, or if the Buyer/consignee rejects the Shipment at the time of delivery, unless the same is on account of damage to the Shipment caused directly by the Logistics Partner. The Logistics Partner reserves the right to cancel any “reverse pickup” request without prior notice and without assigning any reason thereto. The applicable charges for such ‘reverse pick-up’ services have been provided in the Buyer Protection Policies.
  4. Neither Ashvinautoparts nor the Logistics Partner shall be liable in any manner for any delay or failure of delivery of any Shipment for reasons beyond the reasonable control of Ashvinautoparts or the Logistics Partner, including without limitation on account of natural disasters, accidents, fire, labor issues, theft, war, etc.
  5. All disputes relating to the transportation, shipping and delivery of any Shipment shall be subject to the jurisdiction of the courts located in the city where such Shipment was booked and handed over to the Logistics Partner.