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Attention! Please read this Agreement carefully before browsing the website. If you do not agree with its terms, please do not use this website. Using this website, including filling out various forms or applications as well as ordering goods/services on this website means your acceptance of the terms of this Agreement.
This Agreement establishes the terms of interaction between the Seller of the Goods and an individual purchasing the Goods for personal needs not related to entrepreneurial activity.
The terms of cooperation between the Seller and the person who purchases the Goods for purposes related to entrepreneurial activity are stipulated by us separately in accordance with the requirements of laws governing entrepreneurial activity.
Terms used in the present Agreement:
Administration shall mean the owner of the website xado.in.
Location: India
Website shall mean the website xado.in, including all webpages.
Seller shall mean the legal entity or individual entrepreneur posting on the Website information about the goods/services they sell. The Seller can be either the Administration or any other person to whom the Website Administration has granted permission to post information about their goods/services.
Goods shall mean goods, services, works, property rights, other tangible and intangible objects, information about which is placed on the Website.
Buyer shall mean any natural person who has full legal capacity and ability to act in accordance with applicable international and ______________ legislation, visits the Website, and intends to purchase the Goods.
Order shall mean the Seller’s Offer to purchase the Goods, which the Buyer accepts by filling out the relevant form on the Website, as well as the set of the Goods ordered by the Buyer.
Verification shall mean verification of the Buyer’s data (identification of the Buyer), by which the request is routed through the Website. When the Buyer enters the correct Login and Password, the Website allows access to the Buyer’s Personal Account. In order to prevent unauthorized access to the account, the Administration may additionally use a one-time password (an additional unique set of electronic data) to identify the Buyer. The Buyer shall perform identification during each login on the Website.
Personal Account shall mean the Buyer’s account on the Website. Registration of the Buyer is carried out by filling out the registration form, after which the Buyer gets access to the Personal Account. In case of registration by means of a profile on social networks, some personal data may be automatically indicated in the Buyer’s profile, but the Buyer must check their completeness and accuracy before placing an order. The Buyer shall not use the Personal Account to commit illegal actions or actions that violate the rights or interests of third parties. In case of violation of this provision, the Buyer shall reimburse the Administration for all losses incurred in connection with such actions.
Offer shall mean information about a specific Product, which can be purchased by the Buyer, placed on the Website. The Offer includes information about the Product, its price, methods of payment and delivery, return/exchange policies, as well as other conditions for the purchase of the Product by the Buyer. The terms of the Offer are determined by the Seller.
1. General Terms of the Website Use.
1.1. This Agreement is of a public nature, which means that an unlimited number of Buyers may join and accept it. Upon receiving access to the materials of the Website, the Buyer shall be deemed to have joined this Agreement.
1.2. The Website Administration shall be entitled to unilaterally change the terms of this Agreement at any time. Such changes shall come into force from the moment the new version of the Agreement is posted on the Website.
1.3. Order placement procedure:
1.3.1. An Offer on the Website is the Seller’s proposal to conclude an agreement of purchase and sale of the Goods. After reading the Offer, the Buyer may accept the Seller’s proposal by filling out the Order form on the Website. The agreement of purchase and sale shall be deemed concluded from the moment the Seller receives the completed Order form from the Buyer.
1.3.2. The Buyer shall independently place an Order by adding the Products to the virtual cart by clicking the “Add to cart!” button on the relevant page of the Website, or by placing the order by e-mail or by phone number specified in the contacts section of the Website.
1.3.3. The Order shall be formed within two working days from the moment it was sent to the Seller. If the Order is sent to the Seller on a weekend or a public holiday, the formation period shall begin from the first working day thereafter.
1.3.4. Upon receiving the completed Order form from the Buyer, the Seller must promptly confirm the receipt of such Order by sending the Buyer a notification via remote or mobile communication means. The Seller’s notification of receipt of the Order may contain the terms of the Buyer’s Order.
1.3.5. If it is impossible to fulfill the Buyer’s Order due to the absence of the ordered Goods, the Seller shall promptly notify the Buyer about this, but not later than thirty days from the date of receipt of the Order from the Buyer.
1.3.6. In case of absence of the Goods, the Seller may offer the Buyer to replace them with other Goods if they:
– have the same purpose as the ordered Goods;
– have the same or better quality;
– do not exceed the ordered Goods in price.
In such a case, a replacement of the Goods shall be possible only with the consent of the Buyer.
1.4. Goods price:
1.4.1. The price of each individual Product shall be determined by the Seller and indicated on the corresponding page of the Website. The price of the agreement of purchase and sale shall be determined by adding up the prices of all selected Goods placed in the virtual cart and the delivery price, which is determined depending on the delivery method according to the tariffs of the chosen courier/carrier company.
1.4.2. The price of the Order may change depending on the price, quantity, or type of the Goods.
1.4.3. Settlements in the field of e-commerce are conducted in accordance with the laws ______________________________________________________________________________________________________________________________________________________________________________________, other laws and regulations ______________________________________________.
1.4.4. Settlements in the field of e-commerce can be carried out using payment instruments or electronic money, by transferring funds or paying in cash in compliance with the requirements of the legislation regarding cash and cashless payments, as well as in any other way provided for by the legislation of ____________.
1.4.5. The Buyer may pay for the Order by any means as agreed with the Seller. The payment method is determined at the time of placing the Order.
1.4.6. In case of payment for the Goods using payment instruments, the Buyer shall provide the necessary information that ensures the payment will be effected by the relevant payment system operator. The payment system operator shall be responsible for protection of the information provided by the Buyer and for its use in accordance with the requirements of the current legislation.
1.4.7. If the Buyer fails to pay for the Goods within the period specified by the Seller in the Offer, such Offer shall be deemed not to have been accepted.
1.4.8. Payment for the Goods in accordance with the terms of the Offer without fulfilling other conditions and/or providing all the information specified in such an Offer shall not be considered as acceptance of the Offer by the Buyer, and such payment shall be considered improper and shall be refunded to the person who made it.
1.5. The agreement of purchase and sale shall be deemed concluded from the moment the Seller receives the completed Order form from the Buyer and shall remain valid until the Buyer and Seller fulfill their respective obligations under the agreement in full.
1.6. The Seller shall send to the Buyer a document confirming the conclusion of the agreement of purchase and sale in the form of an electronic document, receipt, check, coupon, or other document in the form established at the time of the conclusion of such an agreement (Clause 1.5 of this Agreement) or at the time of transfer of the Goods to the Buyer.
1.7. Terms of Goods delivery:
1.7.1. The Buyer shall receive the Goods using a delivery service or personally. The Buyer shall provide the Seller with the correct delivery address for the Goods.
The Seller’s obligation to deliver the Goods to the Buyer shall be deemed fulfilled at the time of:
– handing over of the Goods to the Buyer, if the Buyer has chosen the method of delivery at the location of the Goods (self-delivery);
– handing over of the Goods to a courier or a carrier company, if the Buyer has chosen such a method of delivery.
At the moment of handing over of the Goods, all risks of accidental destruction or accidental damage of the Goods shall pass to the Buyer.
1.7.2. When the Goods are delivered by a carrier company, the Buyer shall fully and unconditionally agree with the Rules for the transportation of goods of such carrier company.
1.7.3. Upon receipt of the Goods, the Buyer shall confirm the fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies with his/her own signature on the consignment note, the declaration of the carrier company, or the invoice. For its part, the Seller shall guarantee the shipment of the Goods to the carrier company in the quantity specified by the Buyer in the Order, in the completeness according to the specifications of the Goods, and in proper (working) condition and quality.
1.7.4. If the Buyer is absent at the delivery address specified by him/her in the Order or if the Buyer refuses to receive the Goods for unjustified reasons upon delivery by a courier/carrier company, the Goods shall be returned to the shipping warehouse. Payment for the services of the courier/carrier company shall be deducted from the amount paid by the Buyer for the Goods. The rest of the amount shall be refunded to the Buyer based on his/her instructions.
1.7.5. The Buyer can always clarify any questions arising in the process of payment and receipt of the Goods using the contacts specified on the Website.
1.8. Rights and obligations of the Buyer:
1.8.1. When placing an Order, purchasing or using the Goods that are sold on the Website, the Buyer shall be entitled to:
1) protection of his/her rights by the state;
2) proper quality of the Goods and services;
3) safety of the Goods;
4) necessary, accessible, reliable, and timely information about the Goods, their quantity, quality, assortment, and manufacturer (performer, Seller);
5) compensation for material and moral damage caused by defects in the Goods in accordance with the law;
6) appeal to the court and other authorized state bodies for the protection of violated rights;
7) association in public consumer organizations (consumer associations).
The Buyer also has other rights established by consumer protection legislation.
1.8.2. The Buyer’s obligations are as follows:
1) Prior to using the Goods, the Buyer shall carefully read the application instructions set forth in the documents for the Goods provided by the manufacturer (Seller, performer);
2) When in need of an explanation of the terms and conditions of how to use the Goods, the Buyer shall, prior to using the Goods, turn for explanations to the Seller (manufacturer, performer) or to another person specified in the instruction manual who performs the relevant functions;
3) The Buyer shall use the Goods in accordance with their intended purpose and adhere to the conditions (requirements, guidelines, rules) established by the manufacturer of the Goods (performer) in the instruction manual;
4) In order to prevent negative consequences of using the Goods, the Buyer shall apply the safety measures specified by the manufacturer and contained on the Goods and adhere to the special rules established in the instruction manual, and in the absence of such rules in the instruction manual, the Buyer shall adhere to the usual reasonable safety measures established for the Goods of this kind;
5) The Buyer shall provide all the information necessary for the Seller to conclude and perform the agreement of purchase and sale.
1.9. Information about the Goods.
1.9.1. Information about the Goods is contained on the Goods, their packaging, label, marking, and in the shipping documents for the Goods or is provided to the Buyer in another way (accessible in a visual form). Information about the Goods may also be provided remotely (communicated by phone, posted on the Website, etc.). The Buyer confirms his/her consent to receive information about the Goods via remote or mobile communication means.
1.9.2. Upon receipt of the Goods, prior to signing the documents confirming such receipt, the Buyer shall read the information contained on the Goods, their packaging, and in the shipping documents. If further information about the Goods is deemed necessary, the Buyer shall contact the Seller and receive such information before accepting the Goods.
1.10. Limitation of liability.
1.10.1. The Administration (except when the Administration is the Seller) shall not bear any responsibility before the Buyers for the fulfillment of Orders by the Sellers and for related issues, including, but not limited to:
– compliance of the terms and conditions of the Offer with the actual terms and conditions of the Goods sale,
– absence of the Goods,
– delays in the Goods delivery,
– quality of the Goods,
– proper fulfillment of warranty obligations by the Sellers and/or manufacturers of the Goods.
1.10.2. The contents of the terms and conditions of the Offer shall be published by the Administration only upon the Seller’s instruction (except when the Administration is the Seller). Under no circumstances shall the Administration be liable for any damage (including, but not limited to, damage from loss of profit, interruption of business activity) arising from the use, impossibility of use, or results of using this Website.
1.10.3. The Buyer shall be responsible for the accuracy of information specified in the Order form. If inaccurately (incorrectly) specified information in the Order has resulted in additional costs for the Seller related to the delivery of the Goods to the wrong address or to the wrong person, all such losses and costs shall be borne by the Buyer. The Seller shall be entitled to deduct the amount of such losses or costs from the amounts paid by the Buyer for the Goods.
1.11. Conditions for return of Goods:
1.11.1. In accordance with ____________________________________________, the Buyer is entitled to exchange non-food Goods of appropriate quality for similar ones within fourteen days, not counting the day of purchase, if the Goods do not satisfy the Buyer in shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose, unless the Seller announces a longer return period.
1.11.2. The Goods of proper quality may be exchanged if they have not been used and if their appearance, consumer properties, seals, labels, as well as the payment document issued to the Buyer along with the sold Goods have been preserved.
1.11.3. Attention! The list of the Goods that are not subject to exchange (return) on the grounds specified in Clause 1.11.1 of the present Agreement shall be agreed by _____________________________.
1.11.4. If at the time of exchange similar Goods are not available for sale, the Buyer is entitled to terminate the Agreement and receive back the money in the amount of the value of the returned Goods.
1.11.5. Upon termination of the purchase and sale agreement, settlements with the Buyer shall be carried out based on the price of the Goods at the time of purchase.
1.11.6. ______________________________________________________ establishes the rights of the Buyer in case he/she discovers defects of the Goods within the established warranty period. In such a case, the Buyer shall specify the identified defects in a freeform document or fill out the relevant complaint form on the Seller’s Website. The document shall be signed by the Buyer and either by the person who delivered the Goods or by the Seller. If possible, the defects shall be recorded by means of photo or video recording. The Buyer shall inform the Seller about the identified defects and state his/her claims within 1 (one) day.
1.11.7. The Buyer’s claims shall be considered after the Buyer presents the payment document, and in respect of the Goods for which the warranty period is established, after the Buyer presents a technical passport or other document that replaces it in which the date of sale is indicated.
2. Obligations of the Parties.
2.1. The Buyer shall carefully read this Agreement. In case of disagreement with its terms, the Buyer shall immediately stop using the Website.
2.2. The Buyer agrees not to take actions that may be considered as violating __________________ legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Website and its services.
2.3. The use of the Website materials without the consent of the copyright holders is not permitted. For lawful use of the Website materials, it is necessary to conclude license agreements with the copyright holders (obtain licenses).
2.4. When quoting the Website materials, including protected copyright works, a reference to the Website is obligatory.
2.5. The Buyer’s comments and other records on the Website should not contradict the requirements of the __________________ legislation and generally accepted norms of morality and ethics. The Buyer’s comments/reviews posted on the Website are not confidential information and may be used by the Website Administration without restrictions.
2.6. The Buyer is warned that the Website Administration shall not be responsible for his visiting and using external resources, links to which may be contained on the Website.
2.7. The Buyer accepts the provision that all materials and services of the Website or any part thereof may be accompanied by advertising. The Buyer agrees that the Website Administration shall not bear any responsibility and shall have no obligations in connection with such advertising.
2.8. The Buyer understands that the Sellers are separate business entities not controlled by the Administration. The Buyer understands that the Administration has no authority to influence the Sellers’ performance of their obligations regarding the acceptance and/or execution of the Order, as well as obligations arising after the sale of the Goods.
2.9. By registering on the Website, the Buyer agrees to provide true and accurate personal and contact information. As a result of registration, the Buyer shall receive a login and password to enter the Personal Account for the safety of which the Buyer shall be responsible. The Buyer shall also be responsible for all actions performed on the Website under his/her login and password. In case of loss of the registration data, the Buyer shall immediately inform the Website Administration thereof. With the consent of the Buyer, the Website Administration shall be entitled to send information notifications to the Buyer’s addresses specified in the Personal Account/Order. If the Buyer refuses to receive notifications, the Website Administration shall be obliged to terminate such mailing to the Buyer.
2.10. The Website Administration shall be entitled to unilaterally cancel the Buyer’s Personal Account without notifying the Buyer if it has not been used for more than 12 consecutive calendar months.
3. Personal data.
3.1. Registration on the Website means that the Buyer grants his/her consent to the use and processing of his/her personal data and the performance of other actions provided for by the Law _____________ “On Personal Data Protection”.
3.1.1. In accordance with the Law ________________________ “On Personal Data Protection”, the subject of personal data has the right to: know about the sources of collection and the location of his/her personal data, the purpose of their processing, location or residence of the owner or controller of personal data, or give an appropriate instruction regarding the receipt of this information to persons authorized by him/her, except for cases established by the law; receive information about the conditions for providing access to personal data, in particular, information about third parties to whom his/her personal data is transferred; to access his/her personal data; no later than thirty calendar days from the date of receipt of the request, except as provided by the law, receive a response as to whether his/her personal data is being processed as well as receive the content of such personal data; make a reasonable demand to the owner of the personal data with an objection to processing of his/her personal data; make a reasonable demand regarding the change or destruction of his/her personal data by any owner or controller of personal data, if these data are processed illegally or are unreliable; protect his/her personal data from unlawful processing and accidental loss, destruction, or damage due to deliberate concealment, failure to provide, or untimely provision of data, as well as protect against the provision of information that is inaccurate or disgraces the honor, dignity and business reputation of an individual; file complaints about the processing of his/her personal data to an authorized person or to a court; use remedies in case of violation of legislation on the protection of personal data; make a warning regarding the restriction of the right to process his/her personal data when giving consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; be protected from an automated solution that has legal implications for the Buyer.
3.2. Like many other companies, the Website Administration uses cookies.
3.3. To learn more about the processing of the Buyer’s personal data by the Website Administration and the use of cookies, please read the Privacy Policy.
4. Miscellaneous.
4.1. The present Agreement shall be governed by and construed in accordance with the legislation of __________. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of __________________. All disputes and disagreements shall be settled in accordance with the legislation of __________________.
4.2. Nothing in the Agreement may be understood as the establishment of agency, partnership, joint activity, personal employment, or any other relations between the Buyer and the Website Administration not expressly provided for by the Agreement.
4.3. If any provision of the Agreement is recognized by the court as invalid or unenforceable, this shall not entail the invalidity of other provisions of the Agreement.
4.4. If the Website Administration does not take any actions in case of violation of the provisions of the Agreement by any of the Buyers, it shall retain its right to take appropriate actions later to protect its interests or intellectual property rights to the Website materials protected in accordance with the law. The Buyer confirms that he/she has read all provisions of the present Agreement and unconditionally accepts them.
