Terms and Conditions for buying the item described on this item page
- These Terms and Conditions ("Global Buying Terms") are between You, the registered user of www.ebay.in ("eBay.in") who wish to buy the goods as appearing in the listing on this webpage of eBay.in Global EasyBuy Micro Site ("Listed Goods") and i2c World Inc., a company incorporated under the laws of United States of America having its principal place of business at 59 West 37 th Street, New York New York 10018, USA (hereinafter referred to as "International Reseller") and governs Your purchases of Listed Goods from International Reseller on eBay.in Global EasyBuy Micro Site and related payments for the same using PaisaPay Facility on eBay.in.
- You must read, agree with and accept all of the terms and conditions contained in these Global Buying Terms, as these terms constitute Your legal and contractual obligations towards International Reseller for using eBay.in Global EasyBuy Micro Site for buying Listed Goods. These Global Buying Terms are in addition to any other terms and conditions mentioned in the item description page of the Listed Goods.
- These Global Buying Terms shall be effective and binding upon Your 'acceptance'. 'Acceptance' shall mean Your affirmative action in clicking on the 'Buy It Now' or on 'Bid' or on the 'continue' button as provided on this webpage or such other actions that implies Your acceptance including without limitation making a buying offer and/or making or attempting to make any payments thereto. If You do not agree or are not willing to be bound by the terms and conditions of these Global Buying Terms please do not click on the "Buy It Now" or on 'Bid' or on the "continue" button and do not seek to obtain access to or otherwise undertake any activity on this webpage in relation to Listed Goods.
- You agree and acknowledge that the Listed Goods have been originally listed by a registered seller on www.ebay.com ("eBay.com Seller"). The details of eBay.com Seller are provided elsewhere on this item page. You further agree and acknowledge that the International Reseller does not manufacture, own, stock or has possession of Listed Goods at the time when You are viewing this webpage or at the time when you accept Global Buying Terms. International Reseller is merely a merchant trader who will purchase Listed Goods from eBay.com Seller and will resell them to You on 'as is' basis barring re-packing the same for international shipment purposes.
Disclaimer of warranties: International Reseller Disclaims Any And All Warranties Or Representation Express Or Implied, Including, But Not Limited To, The Implied Warranties Of Merchantability, Title, Non-Infringement And Fitness For A Particular Purpose. In No Event Shall International Reseller Be Liable For Any Consequential, Indirect, Special Or Punitive Damages, Interest Or Lost Profits, Even If Advised Of The Possibility Thereof.
International Reseller DOES NOT WARRANT THAT ACCESS TO OR USE OF ANY EBAY WORLDWIDE PROPERTY INCLUDING EBAY.COM SITE AND EBAY.IN SITE AND/OR PAISAPAY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
International Reseller AND ITS AFFILIATES AND OR SUBCONTRACTORS WILL NOT WARRANT THE COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS OR QUALITY OF ANY ITEM PURCHASED ON THE EBAY.IN MICRO SITE AS PER THE REQUEST OF THE EBAY.IN BUYER AND WILL NOT HAVE ANY LIABILITY FOR THE ITEM OTHER THAN SUCCESSFUL PURCHASE AND DELIVERY TO THE EBAY.IN BUYER.
In addition to the above comments, you represent and warrant you are of legal age and authorized to make purchases using eBay.in and Paisapay facilities.
- Limitation of Liability: International Reseller Shall Not Be Liable To You For Any Indirect, Incidental, Consequential, Punitive Or Special Damages, Arising Out Of Or Related To These Global Buying Terms Or In Manner Relating To Buying, Reselling, Packing, Storing, Customs Clearance, Shipment Etc. Of The Listed Goods Including, Without Limitation, Damages For Loss Of Business Profits, Business Interruption, Loss Of Business Information Whether In An Action In Contract Or Tort, Product Liability, Statute, Equity, And The Like, Even If International Reseller Has Been Advised Of The Possibility Of Such Damages. International Reseller Shall Be Cumulatively Liable To You To Only Refund You A Maximum Of The Amount Actually Paid By You To International Reseller For Buying The Listed Goods.
- Invitation to offer, offer and acceptance: The Listed Goods displayed on this webpage and other details thereto are the invitation to offer made by International Reseller to You. Upon acceptance of these Global Buying Terms, on paying advance purchase consideration to International Reseller through eBay.in PaisaPay Facility You shall be deemed to have accepted such invitation to offer and thereby Your action (paying advance purchase consideration to International Reseller through eBay.in PaisaPay Facility) shall deem to be an offer to International Reseller to buy the Listed Goods from eBay.com Seller and resell the same to You in accordance with these Global Buying Terms, the Foreign Exchange Management Act, 1999 ("FEMA") and the regulations made thereunder and other terms and conditions mentioned on this webpage or in relation to Listed Goods. International Reseller may at its sole discretion accept or reject Your offer without assigning any reasons whatsoever. If International Reseller accepts your offer, the International Reseller will purchase the Listed Goods from eBay.com Seller on eBay.com and shall resell the same to You in accordance with FEMA and the regulations made thereunder. If International Reseller rejects your offer, the International Reseller will refund the advance purchase consideration to You through eBay.in PaisaPay Facility or such other means as may be deemed appropriate by International Reseller and such refund shall be made in reasonable time but no later than fifteen (15) days of the date of Your accepting the invitation to offer and making a consequent offer. You shall not be entitled and International Reseller shall not be liable to pay you any interest on the advance purchase consideration in any circumstances whatsoever.
- Delivery, Title & Risk of Loss: Subject to the clearance of the Indian customs authorities, International Reseller will ensure Listed Goods are delivered to the location specified by You at eBay.in / eBay.in Global EasyBuy Micro Site within reasonable time and in accordance with the rules of eBay.in. Without prejudice to the rights of International Reseller as a unpaid seller to the extent of any entry taxes, octroi or municipal taxes levied in any part of India before delivering the goods to You, the title to goods passes to You when International Reseller has repacked the goods at its warehouse outside India and tendered the goods to the shipping agent for delivery to You or your agent. However, the goods will remain in the custody of International Reseller till the same are delivered to You at the address designated by You on eBay.in and/or in eBay.in Global EasyBuy Micro Site.
- Mode of receipt of advance purchase consideration: International Reseller will accept Your payments through its designated payment collection agent in India who is registered with PaisaPay Facility of eBay.in. International Reseller will only purchase your items upon your payment being approved by PaisaPay.
- Price of goods and extra costs: The price of the goods as displayed on this webpage is all inclusive price but shall exclude any entry taxes, octroi or municipal taxes levied in any part of India before delivering the goods to You, which shall be paid by You to the International Reseller and/or its agents / service provider / contractor / sub-contractor in India before the goods are delivered to You. If you refuse or fail to make the full payment of the extra costs then the International Reseller or its agents or service providers or contractors or sub-contractors in India shall be entitled to sell, liquidate or otherwise deal with the goods in any manner whatsoever to recover this extra costs.
- Export and Import: You agree and acknowledge that Your acceptance of invitation to offer and International Reseller's consequent acceptance of your buy offer/order will result into an import into India . The International Reseller shall be the exporter for the purpose of import of goods into India and You shall be the importer for the same purpose. You hereby authorize International Reseller to appoint a customs clearance and forwarding agent to pay customs duties and other duties, taxes and levies for import of goods into India in accordance with FEMA and the regulations made there under and the Foreign Trade Policy and delivery of goods to You and such other activities as may be necessary to clear the goods from customs department. You shall provide all required and appropriate papers, documents, permits, approvals, licenses, sanctions etc. and such other assistance as may be required by International Reseller or its agent, service providers or contractors/sub-contractors in India for clearing the goods from customs and/or required by any statutory authority in India . International Reseller does not warrant or guarantee that the goods shall always be cleared by customs authority in India and the taxes, duties and levies charged by customs or other statutory authorities or the valuation thereto shall be accurate and correct and would not be disputed / challenged / revised by them.
- By accepting these Global Buying Terms and/or making any buying activity on this webpage of eBay.in Global EasyBuy Micro Site or making any payments through PaisaPay Facility You hereby agree to observe full compliance with all the applicable laws, rules, regulations, guidelines etc. whether applicable in India or outside India as amended from time to time, including without limitation Reserve Bank of India Act, 1934 and rules made thereunder, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder; Customs Act, 1962 and the rules made thereunder, Foreign Trade Policy, Income Tax Act, 1961, item or goods specific laws, rules, regulations and guidelines in India and also with Your agreement with eBay.in Site with respect to any use of eBay.in Global EasyBuy Micro Site and/or any buying and payment activity on eBay.in Global EasyBuy Micro Site and PaisaPay Facility and/or any import into India and/or with limitations or restrictions, if any, to end use of any goods being bought or imported as such.
- You agree and acknowledge that all Your buying activities for the goods displayed on this webpage of eBay.in Global EasyBuy Micro Site are permitted current account transactions under Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder and the Foreign Trade Policy and You have and shall at all times maintain as valid and subsisting all the licenses, permits, authorizations, approvals, consents, authority etc. under all applicable laws, rules, regulations and guidelines as applicable in India to buy and/or import the goods by virtue of Your buying and payment activities on eBay.in Global EasyBuy Micro Site and PaisaPay Facility. You shall provide all necessary documents, licenses, permits, approvals, papers and writings to International Reseller and/or customs clearing agent and/or courier company and/or customs department and/or any other person or authority whether statutory or otherwise to enable customs clearance and delivery of goods on Your behalf.
- Indemnification: You shall indemnify, defend and hold harmless International Reseller, its subsidiaries and affiliates, their respective, owners, directors, officers, employees, sublicensees, users, customers, agents, attorneys, affiliates, successors, and assigns ("Indemnified Parties") from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing and legal expenses and other costs incurred by the Indemnified Parties (including reasonable attorneys' fees and costs of suit) arising from any breach of these Global Buying Terms whether the said breach is wilful or otherwise.
- Binding transactions (No Termination): Once accepted, these Global Buying Terms cannot be terminated by You under any circumstances. You shall also not be entitled to revoke or withdraw or amend the buying offer / order made by you to International Reseller by your acceptance of the International Reseller's invitation to offer.
- Sub-contract and Assignment: International Reseller may sub-contract any one or more of its obligations or duties or performances under Global Buying Terms or otherwise to one or more independent third parties without any intimation to or approval from You. Neither party can assign these Global Buying Terms to any third party under any circumstances.
- Governing Law: These Global Buying Terms shall be construed and governed in accordance with the laws of India and the courts at Mumbai ( India ) shall have exclusive jurisdiction of any disputes arising out of or in connection with this Agreement.
- Construction: If for any reason a court of competent jurisdiction finds any provision of these Global Buying Terms, or portion thereof, to be unenforceable, that provision of these Global Buying Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Global Buying Terms will continue in full force and effect. Failure by either party to enforce any provision of these Global Buying Terms will not be deemed a waiver of future enforcement of that or any other provision. The section headings if any used in these Global Buying Terms are intended for convenience only and shall not be deemed to affect in any manner the meaning or intent of these Global Buying Terms or any provision hereof.
- Parties' Relationship: Neither these Global Buying Terms, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.
- International Reseller And Its Affiliates Reserve The Right To Pursue eBay.In Buyer, Affiliates, Successors Or Agents For Any Losses As A Result Of A Breach Of These Terms And Conditions, Including But Not Limited To Any Incidental, Collection Or Legal Expenses Required.
- Return of goods which are Significantly Not As Described: If the goods are determined as Significantly Not As Described (SNAD) by eBay.in and the International Reseller has agreed to replace the goods or give a refund for the same or for any claims under eBay.in buyer protection policies, You shall return the goods to the designated address of International Reseller in Mumbai in the same condition as You received the goods and shall bear the cost of such return.