THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. 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 located at the URL www.mansaeasymart.com and mobile application under the name and style "Mansa Easy Mart" (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 Mansa Easy Mart Private Limited ("Mansa Easy Mart") 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 IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF 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 OR 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 WEBSITE.
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. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above.
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.
1. Offer and Acceptance of the Product
1.1
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. Mansa Easy Mart 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 Mansa Easy Mart 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 Mansa Easy Mart 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.
2. Product(s)
2.1
Mansa Easy Mart also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below. Please send the duly filed out IP Infringement Notice via email to [email protected]. Any incomplete or improperly filled out document may not be considered.
2.2
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 Mansa Easy Mart to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Mansa Easy Mart. 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. Mansa Easy Mart shall have the sole discretion to determine the mode of reversal from the above options.
2.3
With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
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;
Products shall be free from any charge or encumbrance in favor of third party;
Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
Product shall meet the description and specifications as provided on the Website.
3. Pricing Information
3.1
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 as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller 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 the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
3.2
All prices are inclusive of GST for customer/end user in the case of B2C mode of uses. (Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) on goods/services as applicable)
3.3
All prices are exclusive of GST for customer/retailer/seller in the case of B2B mode of uses. (Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) on goods/services as applicable will be added at the point of sale)
4. Delivery of the Product
4.1
There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. 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.
4.2
Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
4.3
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. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
4.4
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 Mansa Easy Mart for any loss of any fee or charges that Mansa Easy Mart 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 Mansa Easy Mart and its third parties are not consequential or indirect.
4.5
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.
5. Return Policy for Products
5.1
Buyer's Product related complainant for refund or replacement will the processed in accordance with the Return, Refund, Replacement Policy . Both Buyer and Seller agree to this Policy. 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.
5.2
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
5.3
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.
5.4
In the event the return of a Product is duly accepted by Seller, 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. Mansa Easy Mart shall have the sole discretion to determine the mode of reversal from the above options.
5.5
Buyer agrees that if the returned Product is not accepted by the Seller then Mansa Easy Mart shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
6. Cancellation of transaction / orders
6.1
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 Mansa Easy Mart 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 the Seller or to Mansa Easy Mart. 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. Mansa Easy Mart shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Mansa Easy Mart is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Mansa Easy Mart for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
6.2
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. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
From 1st to 25th day of every month cancellation is allowed at Seller as well as buyer level and refund of amount with deduction of govt. taxes ,delivery charges, service fee will be applicable.
Buyer can exchange goods or, replace goods under same GST tax slab with same class of HSN code for smoother settlement. Difference of exceeding amount and delivery charges wil born by buyer with 7 days of good sold.Once goods sold can not be taken back. In case of damage/ quality issue product /expired products seller will do 100% refund or replacement/ exchanged without additional charges.
6.3
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Mansa Easy Mart in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Mansa Easy Mart to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. 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.
8. Compliance on selling of goods/services- an Agreement with Seller
8.1 You shall also ensure full compliance with the provisions of GST taxes slab % as applicable (Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
8.2 It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Mansa Easy Mart shall not be responsible for any deficiency and/ or omission on your part.
8.3 Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
8.4 In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Mansa Easy Mart to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
8.5 You shall be required to provide the corresponding Harmonized System Nomenclature (HSN) code number for every product at the time of listing on website. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
8.6 You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, Mansa Easy Mart would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
8.7 In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.
8.8 You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualized value in a financial year), purported to be sold on the Platform, from Mansa Easy Mart or its subsidiaries. We may require you to provide certification (including auditor’s certificate) to confirm compliance with this requirement.
8.9 We do not mandate that any of your Products should be sold exclusively on the Platform. For the sake of clarity, effective February 01, 2019, Mansa Easy Mart unilaterally waives any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.
8.10 As per Section 194-O of the Finance Act, 2020, Mansa Easy Mart will deduct TDS on goods or, services sold as applicable by law on the amount of sale (including GST) of goods or provision of services provided through the Platform at 0.75% from October 1, 2020 to March 31, 2021 and at 1% thereafter. Mansa Easy Mart will deduct TCS on goods or, services sold as applicable by law on the amount of sale (excluding GST) of goods or provision of services provided through the Platform at 1%.
8.10A Mansa Easy Mart will deduct agreed web sites uses service charges, window display ads, commission charges or, any other charges as agreed...etc along with e-commerce service GST tax slab as applicable.
Select products offered by sellers may be eligible for business purchases on the Platform.
8.11 Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products.
GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
8.12 Entity name of your registered business, as provided by you
8.13 Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
8.14 Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
8.15 For seamless beneficiary of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that beneficiary of input tax credit is subject to provisions of GST Act and rules.
8.16 The correct delivery and billing addresses will be required along with GST number, please note that input tax credit may be denied by GST authority as per law if things are wrong. Mansa Easy Mart will not be responsible for it.
8.17 If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
8.18 Mansa Easy Mart is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
8.19 Mansa Easy Mart and Seller shall not entertain any request for any revision in the GST Invoice. Mansa Easy Mart and Seller shall not be liable for Your default including for reasons associated with details provided by You.
8.20 Mansa Easy Mart will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
8.21 You shall be solely liable for all compliances required under applicable laws.
8.22 You agree to indemnify and hold Mansa Easy Mart and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
8.23 Mansa Easy Mart has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
8.24 Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
8.25 You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
8.26 Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify Mansa Easy Mart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mansa Easy Mart cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
9. Payment Facility for Buyers:
9.1 You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
9.2 You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
9.3 You, as a Buyer, shall electronically notify Payment Facility using the appropriate Mansa Easy Mart Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
9.4 You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
9.5 You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
9.6 Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
8.7 For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
9.8 Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
9.9 For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
9.10 Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
9.11 Refund shall be conditional and shall be with recourse available to Mansa Easy Mart in case of any misuse by Buyer.
9.12 We may also request you for additional documents for verification.
9.13 Refund shall be subject to Buyer complying with Policies.
9.14 Mansa Easy Mart reserves the right to impose limits on the number of Transactions or Transaction Price which Mansa Easy Mart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
9.15 Mansa Easy Mart reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Mansa Easy Mart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
9.16 Mansa Easy Mart may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Mansa Easy Mart. As a result of such check if Mansa Easy Mart is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Mansa Easy Mart shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Mansa Easy Mart.
9.17 Mansa Easy Mart may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Mansa Easy Mart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Mansa Easy Mart may hold Transaction Price Mansa Easy Mart may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
9.18 The Buyer and Seller acknowledge that Mansa Easy Mart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Mansa Easy Mart.
10. Compliance with Laws:
10.1 As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
10.2 As per law & safety Policy Mansa East Mart restrict payment mode of cash on delivery up to 199999/-. In the cash on delivery mode Mansa Easy mart is not liable for any misshaping. The cash collection of the invoice amount will be sole responsibilities of seller from buyer.
10.2 Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Mansa Easy Mart Platform.
Buyer's arrangement with Issuing Bank:
10.3. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
10.4. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
11. Disclaimer by Mansa Easy Mart
11.1
MANSA EASY MART'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 MANSA EASY MART HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL MANSA EASY MART 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.
11.2
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND MANSA EASY MART ON THE OTHER HAND.
11.3
MANSA EASY MART DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. MANSA EASY MART 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 MERCHANTABILIGY, 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 MANSA EASY MART DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. MANSA EASY MART ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
11.4
MANSA EASY MART 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 MANSA EAST MART 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.
11.5
Mansa Easy Mart 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.
11.6
Mansa Easy Mart 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 Mansa Easy Mart. Prices, Product description and availability of the Product are Seller's responsibility.
11.7
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, The expiry /defective/duplicate products will be replaced by seller without any additional cost. In any manner Mansa Easy Mart shall not be held liable for the same. Apart from replacement of products to buyer, Seller can be penalized as a disciplinary action taken against his regular wrong practices and it will be minimum 10 times of the sold products value or, the user ID can be blocked.
11.8
Mansa Easy Mart 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.
At MANSA EASY MART we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at +91 7625010555 or access help center at https://www.mansaeasymart.com | [email protected].