Terms of Sale
Last Updated on 15th April
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 HERE UNDER 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
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
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.SHOPON365.com under the name and style
"SHOPON365" (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, all included, 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 365-GENERATION TRADING LLP ("365-GENERATION TRADING LLP")
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 PURCHASING ANY PRODUCTS OR
BEFORE LISTING ANY PRODUCT. IF A SELLER DOES NOT AGREE WITH THESE TERMS OF
SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE
WEBSITE AND IF A BUYER DOES NOT AGREE TO THESE 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
1. OFFER ON THE PRODUCT(S)
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. 365-GENERATION TRADING LLP 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 unconditional offer.
Such offer to sale by the Seller is subject to rejection
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 rejection and
without any consent from the Buyer and without any liability or any
towards the Buyer. The Seller and Buyer understand and agree that 365-
GENERATION TRADING LLP has the right to cancel any sale transaction,
acceptance (i) for any reason in accordance with the Seller Agreement,
policy between 365- GENERATION TRADING LLP on one hand and the Seller or
Buyer on the other hand, or (ii) under an order or instruction from any
statutory, quasi-judicial or judicial authority.
2.1 All offer of sale of Products are governed by the description and
specifications of the Product, terms of warranties provided by the respective
manufacturer/Sellers/brand owners (as applicable) in addition to these Terms of
Sale. In the event a manufacturer/Sellers/brand owners (as applicable) is
providing any warranty, details of such warranty will be specified on the
relevant Product webpage on the Website or on the label printed on the Product
package. Such warranties are provided by manufacturer/Sellers/brand owners (as
applicable) and will be fulfilled by the manufacturer/Sellers/brand owners (as
applicable). 365-GENERATION TRADING LLP will not be hold accountable for not
receiving such warranties to buyer.
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 365-GENERATION TRADING LLP to cancel such
purchase transaction without any recourse to Buyer and without any liability to
the Seller or to 365-GENERATION TRADING LLP. If Buyer's order is so cancelled,
after the payment has been processed, the said amount will be reversed /
remitted to the Buyer’s Wallet, an Online facility to store money provided by
365-GENERATION TRADING LLP.
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
· Products shall be free from any charge or tax
in favor of third party;
· Buyer shall be entitled to all the warranties
and other collateral's 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
3.2 All prices are inclusive of VAT unless stated otherwise.
4. DELIVERY INFORMATION
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
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 bipartite 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 365-GENERATION TRADING LLP for any loss of any fee or charges that
365-GENERATION TRADING LLP 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 365-GENERATION TRADING LLP 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 OF THE PRODUCTS
Please go through the Return Policy listed on our website. To read
the return policy please Click
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 365-GENERATION TRADING LLP 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 verification 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 365-GENERATION TRADING LLP. If Buyer's
order is so cancelled, after the payment has been processed, the said amount
will be reversed / remitted to the Buyer’s Wallet. In the event a promotional
code given by 365-GENERATION TRADING LLP 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 365-GENERATION TRADING
LLP 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.
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 365-GENERATION TRADING
LLP in relation to the Product for which the order has been cancelled by the
Buyer or by the Seller, Buyer agrees and authorizes 365-GENERATION TRADING LLP
to recover such benefits from the Buyer or set-off the same from any refunds to
7. Governing Laws
7.1 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. DISCLAIMER of 365-GENERATION TRADING LLP
8.1 365-GENERATION TRADING LLP'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
365-GENERATION TRADING LLP HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF
SUCH CONTRACT NOR SHALL 365-GENERATION TRADING LLP 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.
8.2 THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS,
CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND
365-GENERATION TRADING LLP ON THE OTHER HAND.
8.3 365-GENERATION TRADING LLP DOES NOT CONTROL, ENDORSE OR ACCEPT
RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOG'S) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED
SITES. 365-GENERATION TRADING LLP 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 365-GENERATION TRADING LLP DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME.
365-GENERATION TRADING LLP ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE
USAGE OF THE PRODUCTS BY THE BUYER.
8.4 365-GENERATION TRADING LLP 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 365-GENERATION TRADING LLP 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.
8.5 365-GENERATION TRADING LLP 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.
8.6 365-GENERATION TRADING LLP 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
365-GENERATION TRADING LLP. Prices, Product description and availability of the
Product Are Seller's responsibility.
8.7 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 and 365-GENERATION TRADING LLP shall not in
any manner be held liable for the same.
8.8 365-GENERATION TRADING LLP 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.
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