Term and Conditions
TERMS OF USE
Thank you for visiting www.boookart.com. By accessing or using www.boookart.com (“Website”), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”). By implicitly or expressly accepting these Terms, you also accept and agree to be bound by Boookart online book store Policies (including but not limited to Privacy Policy available at https://www.boookart.com/policies/privacy-policy as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website. The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole. The Website is operated by Boookart online book store, a company incorporated under the laws of India having its registered office at Boookart Online Book StoreShop no. 107,Bhagwan Das Complex Choura Rasta Jaipur, Rajasthan 302003
. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified. These Terms will continue to apply until terminated by either you or www.boookart.com in accordance with the terms set out below: The agreement with Boookart online book store can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to you. The above clause shall also apply to any additional Terms applicable to the use of the Website and boookart online book store reserves the right to terminate access to the Website (including any services offered as part thereof); Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
PRODUCT INFORMATION
Boookart online book store attempts to be as accurate as possible in the description of the product on the Site. However, Boookart online book store does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product Boookart online book store reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability. The products and services available on the Site, and the samples, if any, that Boookart online book store may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products services purchased / received / availed cause side effects or don't like you, please note that Boookart online book store is in no manner responsible for any manufacturer side-effects. You should carefully read the individual terms and conditions in relation to the products and services and consult a specialist before the use of the same ELIGIBILITY Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, discharged insolvents, etc. shall not be eligible to use the Website. Any minor desirous to use or transact on the Website, is required to conduct such transaction through their legal guardian or parents. The Website reserves the right to terminate any membership and/or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years. By accepting the Terms or using or transacting on the Website,
PRICING INFORMATION Boookart online book store strives to provide accurate product and pricing information, however, errors may occur. Boookart online book store cannot confirm the price of the product until you make the order. Without limiting the generality of Clause of Cancellations, Refunds and Returns below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, Boookart online book store shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Boookart online book store may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Boookart online book store will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Boookart online book store accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Boookart online book store dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Boookart online book store.Boookart online book store may revise and cease to make available any product/ services at any time. In the event, Boookart online book store is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Boookart online book store shall not be liable to pay for any damages in such an event owing to the cancellation of the order or delay in delivery.
USER CONDUCT
You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users' conduct violates applicable law or is harmful to our interests. You shall not make any derogatory, defamatory, abusive, inappropriate, profane, or indecent statement/s and/or comment/s about the Website, its associates, and partners on any property owned or operated by the Website.
MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash on Delivery. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
SHIPPING AND DELIVERY
All Products purchased from the Website shall be delivered to the User by standard courier services. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped. Boookart online book store shall not be responsible for any delay in the delivery of the Products. Boookart online book store shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner. The estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, the delivery may take longer due to inter alia: bad weather flight delays political disruptions other unforeseen circumstances In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay. The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller. In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to the availability of stock with the relevant Sellers. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User. Boookart online book store shall not compensate for any mental agony caused due to delay in delivery. Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully canceled.
Collection of Personally Identifiable Information
We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up a free account with Boookart While you can browse some sections of our site without being a registered member, certain activities (such as placing an order) do require registration.
Use of Profile Data
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect fees owed; measure consumer interest in our services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users' activity on our Application. We identify and use your IP address to help diagnose problems with our server and to administer our Application. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information (like zip code, mobile number and e-mail id). We use this data to tailor your experience at our app, providing you with content that we think you might be interested in and to display content per your preferences.
ACCOUNT INFO.
All terms & conditions are automatically applied when you use Boookart website. Please ensure to keep the account information & password safe & confidential.
COMMUNICATIONS & OTHER FACTORS
Visitors are welcome to send suggestions, questions, ideas, comments or any other information provided it does not contain obscene, illegal, threatening, defamatory rights or in another way objectionable to us or third parties. We also prohibit chain letters & mass billings. Visitors are requested not to use incorrect e-mail id, mimic any person or misguide the origin of any information.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
MANDATORY DECLARATION
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
You further declare that the Product will be acquired for personal use of the Consignee and Buyer. The Product will not be sold, resold, bartered or in any way disposed of for profit.
Risk of loss
All items purchased from Boookart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.