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PRODUCT PURCHASE TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATION
“Company” means MobiTrash Recycle Ventures Private Limited, a company incorporated under the Companies Act 2013 and having its registered office at 184-87, S.V. Road, Jogeshwari (West), Mumbai – 400102, and which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns.
“Client” means the purchaser of the Company’s Garden Waste Management Service, and which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns.
“Company Personnel” means and includes the Company’s staff, authorised agents and contractors appointed by the Company for providing the Service described at Clause 2 below.
“Products”mean such products as are made available for purchase through the Company’s e-commerce platform shop.mobitrash.in from time to time.
“Delivery Location” means the address by the Client to the Company where the Products can be delivered.
2. CLIENT’S OBLIGATIONS
i. The Client shall ensure acceptance of Product delivery at the Delivery Location in accordance with the date and time mutually agreed between the Client and Company Personnel.
ii. If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Client, such failure or delay by the Company shall not constitute a breach of this Agreement and the Company shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such failure or delay.
The Product purchase by the Client shall be in accordance with the pricing and payment information set out on the Company’s website.
4. CANCELLATION OF SUBSCRIPTION
i. In the event the Product purchase is made by way of subscription, the Client may, at any time during the relevant subscription period, request to cancel its subscription by selecting the ‘Cancel Subscription’ option for the respective order in My Account > My Orders.
ii. The Client shall, upon initiation of the cancellation request, be intimated regarding the refund amount, if any, to be credited to the Client. Such refund amount shall comprise of the difference between the subscription price paid by the Client and the applicable cancellation fee, if any. Further details regarding cancellation fees and refunds structure are available on the Company’s website.
iii. Any refunds that the Client is entitled to shall be credited to the Client within eight to ten working days from the date of cancellation of the Client’s subscription.
5. PRODUCT REPLACEMENT
i. In the event the Client finds the Product(s) to be damaged / tampered with / unfit for intended use, the Company shall replace such Product(s), at no additional cost, provided the Company receives the Client’s notification of such damage / tampering / unfitness together with Product(s) replacement request within two days from the date of delivery of the said Product to the Client.
ii. Any notifications in relation to Product(s) replacement must be by selecting the ‘Return’ option for the respective order in My Account > My Orders.
iii. The Company shall endeavour to process the Product(s) replacement request within two working days from the date of receiving the said request and to deliver the replacement Product(s) to the Client within four to five working days thereafter.
iv. At the time of accepting delivery of the replacement Product(s), the Client shall return the damaged / tampered / unfit Product(s) in an unused state to the Company Personnel.
6. DATA SHARING
7. FORCE MAJEURE
The Company shall not be liable for any delay and/or failure to fulfil its commitments under this Agreement in whole or in part nor be liable for any loss and / or damage suffered or incurred by the Client, directly or indirectly arising out of and / or caused by any of the following Force Majeure Events: act of God, war (declared or undeclared), act of terrorism, government orders, government restriction, riots, strike, lockout, bandhs, bomb blast, trade dispute, fire, explosion, flooding or other such acts of nature, inability to secure government authorization and/or approvals or any other cause whatsoever which is beyond the control of the Company.
8. LIMITATION OF LIABILITY
The Company’s liability and the Client’s remedy, if any, for any cause of action whatsoever in relation to any of the Products purchased by the Client arising out of and/or in connection with this Agreement, shall be limited to the price of the said Product(s).
No delay, failure or omission (in whole or in part) in exercising or pursuing any right or remedy under this Agreement will be construed as a waiver of that right or remedy.
10. GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of India. The jurisdiction / arbitration / dispute resolution terms of the Website Terms & Conditions are herewith incorporated, which shall apply in the event of any dispute between the parties arising out of and/or in connection with this Agreement.