The-Online-Shopping-Mall provide their services to you subject to the terms and conditions given hereunder. If you visit us at The-Online-Shopping-Mall you accept these terms and conditions. Please read them carefully. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by The-Online-Shopping-Mall. By using the shopping services of The-Online-Shopping-Mall you agree to be bound by these terms and conditions. All products/services and information displayed on The-Online-Shopping-Mall constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. The-Online-Shopping-Mall reserves the right to accept or reject your offer.
Applicable law
This site is created and controlled by The-Online-Shopping-Mall. The laws of the Netherlands shall apply and courts in Amsterdam, The Netherlands shall have jurisdiction in respect of all the terms, conditions and disclaimers. The-Online-Shopping-Mall reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of The-Online-Shopping-Mall.
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"The-Online-Shopping-Mall'' means the online shopping platform and the services provided by The-Online-Shopping-Mall and its affiliates.
"Vendor" / "seller" /''affiliates'' shall mean the person or any legal entity who offers for sale, sells the products on the The-Online-Shopping-Mall. ''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on The-Online-Shopping-Mall.
Electronic Communication
When you visit The-Online-Shopping-Mall or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
The-Online-Shopping-Mall has made this service available to use as a matter of convenience. The-Online-Shopping-Mall expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. The-Online-Shopping-Mall also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The-Online-Shopping-Mall does not warrant that this site, its servers, or e-mail sent from HomeShop18 are free of viruses or other harmful components. The-Online-Shopping-Mall will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of The-Online-Shopping-Mall is provided on an "as is" basis without warranties of any kind, whether express or implied. The-Online-Shopping-Mall does not represent or warrant maintaining the confidentiality of information. It is also clearly understood that all warranties, implied or express take place between the vendors and the User.
The-Online-Shopping-Mall will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User agrees and acknowledges that User shall be solely responsible for User's conduct and that The-Online-Shopping-Mall reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Netherlands cyber laws or any other allied laws enacted by the government of the Netherlands or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall The-Online-Shopping-Mall, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the The-Online-Shopping-Mall sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
The-Online-Shopping-Mall therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
The-Online-Shopping-Mall shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of The-Online-Shopping-Mall.
Notwithstanding anything contained herein, The-Online-Shopping-Mall acts only as booking agent/platform to facilitate / integrate transactions between the buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS. etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall The-Online-Shopping-Mall, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. The-Online-Shopping-Mall will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by The-Online-Shopping-Mall for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on The-Online-Shopping-Mall on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on The-Online-Shopping-Mall is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to The-Online-Shopping-Mall. The-Online-Shopping-Mall does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of The-Online-Shopping-Mall are being offered free. However, The-Online-Shopping-Mall reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. The-Online-Shopping-Mall and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Trademark
The logo / image of The-Online-Shopping-Mall on the home page of the website & other pages and as used in the communication to the User is registered by The-Online-Shopping-Mall and cannot be used or communicated or distributed without the specific and written permission of The-Online-Shopping-Mall.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to The-Online-Shopping-Mall, The-Online-Shopping-Mall may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of The-Online-Shopping-Mall ; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or The-Online-Shopping-Mall. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the The-Online-Shopping-Mall site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from The-Online-Shopping-Mall are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer.
Product Description
The-Online-Shopping-Mall and its affiliates attempt to be as accurate as possible. However, The-Online-Shopping-Mall does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by The-Online-Shopping-Mall itself is not as described, your sole remedy is to return it in unused condition.
Material Submitted by Users
Certain elements of the site will contain material submitted by users. The-Online-Shopping-Mall accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.
Advertising Material
Part of the site contains advertising/other material submitted to The-Online-Shopping-Mall by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and The-Online-Shopping-Mall will not be responsible for any claim, error, omission or inaccuracy in advertising material. The-Online-Shopping-Mall reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to The-Online-Shopping-Mall terms and conditions which are available on request.
Data Protection
The-Online-Shopping-Mall may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy.
Force Majeure
The-Online-Shopping-Mall shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.
For questions, feedback and comments please send an email to The Online Shopping Mall |
