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Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully (collectively referred to as the “Conditions of Sale” before concluding a sale or offer to buy using the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions.
Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any Customer, prospective customer, user, visitor, members, Maker, Designer, Institution or a party who visits/uses the Services to make an offer to Buy, or invites an expression of Interest to Sell any product or Services listed on Direct Create (a “buyer”). Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Makers, Designers, Service Providers and Members who uses the Direct Create Services to Sell, offer to Sell, or invites an expression of interest to Buy any product or Service listed on Direct Create (a “seller”).
In addition, when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Community, Blogs etc.) ("Service"), you will also be subject to the terms, guidelines and conditions applicable to that Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
Violation of the terms or this agreement constitutes an unauthorized use of the Direct Create’s site and Applications in so far as the Buying or selling has contravened the terms of this agreement and may give rise to an actionable cause/claim against the violator.
1. Conditions Relating to the Sale of Products/Services to You
This section deals with conditions relating to the sale of products on the website by us to you.
2. Our Contract
In the Case of Readymade Products or ready to use services (not specifically designed or rendered for you)
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. However, in case of customization/changes to the readymade product or other “made to order” products, You will be liable to reimburse us the Cost of all inputs (material, wages, overheads) expended till the date of the cancellation.
In the case of Customized, Made to Order, or Professional Services –
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail") alongwith the customization required by you or the Service Specifications ordered by you. The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Once you confirm the Specifications and/or Customization we conclude the contract of Sale. You will be liable to reimburse/pay for the customization of the Product or rendering of the service, even if you cancel the order before it dispatch or delivery of service.
Order Cancellation – In case of the customization of Products or orders for Services – Please refer to our General Order Cancellation policy and Our Cancellation terms that applies to each order individually, due to nature of the product/service.
3. Payment, Returns & Refunds
Please review our Payment Policy, Returns and Refund Policy, which applies to products sold by us.
4. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
For more details, please review our Pricing Policy and our Availability Estimates, both of which apply to products ordered from us.
All prices are inclusive of VAT unless stated otherwise.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, Duties, Cesses etc. levied thereon.
6. Health & Safety
By purchasing any product/Service from Direct Create, you acknowledge that you have read and understood our Health & Safety Guidelines.
Use of Direct Create is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
10. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.