TERMS OF SERVICE
The Terms and Conditions contained herein along with the Privacy Policy and Refund Policy constitutes an Agreement ( User Agreement ) between Sahara Care House (a unit of Sahara Service Limited) ( Sahara ) and you ( You ). It is advised that you shall read the terms and conditions before proceeding further with the shopping. This Agreement is effective only upon due agreement / acceptance by You, through the “I Accept” button. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time.
1. DESCRIPTION OF SERVICE AND TERMS OF ORDER
The Products/services and information displayed on www.saharacarehouse.com (Website) 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 Agreement between You and Sahara shall be subject to the following terms and conditions:
(a) Under this Service, Sahara will only act as an “Order Booking Agent” and further facilitate the delivery of the products procured from various third party service providers (“Vendors”) through the available third party logistic mode to your loved ones in India .
(b) The Service may vary from place to place and from person to person and is dependent on availability of goods/products with the relevant Service Provider/Vendor, which would be provided on “As Available” and “As Is” basis.
(c) No delivery requests for Sundays & national/gazetted holidays or any other holiday declared by the government will be entertained. Delivery shall be entertained within city limits only.
(d) Free shipping is available only for the selected items listed at the Website.
(e) Sahara reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which Sahara believes that You have violated applicable law(s), and orders that Sahara believes are harmful to it or its affiliates or its business.
(f) Sahara also reserves the right to limit the number of items purchased or ordered by You through the Website.
(g) Delivery of the any Product shall be as per the lead time reflected on the Website, however delivery on the preferred or requested date and time is not guaranteed and is always subject to the availability of the ordered product and/or realization of the order value by Sahara . However, Sahara will employ its best effort to arrange the same for timely delivery.
(h) Without limiting the scope of this Clause, Sahara shall not be responsible for the delay/ non delivery of the Products by the service provider/vendors and/ or logistic vendor, or due to flood, fire, wars, acts of God, government notification etc or any cause or reason that is beyond the control of Sahara . Delivery time guarantee shall not be applicable in such circumstances. Subject to the Terms and Conditions herein, Sahara will refund the amount of the Product only in case wherein the delay is caused for the reasons attributable to Sahara care House only.
(i) On receipt of your purchase order and the product amount; Sahara shall forward the order to the Vendor. It is the sole responsibility of the Vendor to dispatch the Product to the end user (depending on the Product or Offer Price).
(j) In an effort to avoid any fraudulent transaction at the Website, Sahara follows a standard of verification in order to Know Its Customer. As such, after placing the order with Sahara You may be required to furnish Sahara on demand your details viz. id proof, residence proof, credit card's scanned image or similar document for verification, which shall be provided by You to Sahara within 4 days of demand. Sahara will hold the delivery for 4 days from the date of demand of the proof. Should You fail to provide the requested documents within the stipulated period or does not respond to the communication by Sahara , Your order will be deemed to be cancelled. In such a case, Sahara will reverse the charged order value after deducting 5% of the order value towards administrative charges.
(k) Sahara reserves the right to cancel the order if upon receipt of the required documents Sahara suspects of any fraud or apprehend that delivery of the product may jeopardize the interest of Sahara in future. Refund in such cases will only be upon the request of Credit Card issuing bank.
(l) Sahara Care House reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price and/or description. This shall be regardless of whether the order has been confirmed and/or payment been levied by Sahara via credit card. In the event the payment has been processed by Sahara Care House the same shall be refunded to You and accordingly be informed to you via-email.
(m) You are required to fill all details asked for in the order form so as to avoid an unnecessary delay. Every order placed by You shall be reviewed by SAHARA CARE HOUSE. Upon review and acceptance of the order by SAHARA CARE HOUSE, the order placed by You shall be confirmed and such confirmation shall be intimated to You through e-mail.
(n) The delivery of Products would be attempted only once. In case the delivery is not executed during the first attempt due to wrong address/recipient not available/premises locked, You shall still be charged for the order. Also, refusal of any item by the recipient shall be considered to be a complete delivery. FOR THE REMOVAL OF DOUBTS, NO REFUND WILL BE MADE IN SUCH CASE. Any re-delivery attempts orders will be taken only on request and all extra cost incurred on account of same shall be borne by You or the recipient.
(o) Any image of the product displayed on the website is indicative in nature and You acknowledges and agrees that the actual product may vary in size, color, shape etc. The product specifications (weight, size, color etc.) mentioned in the photograph is only approximate and not exhaustive. SCH expressly disclaims everything with regard to the fitness, potency, performance, after sales service and merchantability of the product procured from the Vendors and assumes absolutely no responsibility in this regard.
(p) In an effort to provide you with the most current information Sahara will, from time to time, make changes in the contents and in the products or services described on the Website. Prices and the availability of items are subject to change without notice. Prices of products displayed on the Website may not be indicative of the actual selling prices in your area.
(q) It is clarified that Sahara Care House charge only in Indian Rupees.
(r) All prices and availability of products are subject to change without prior notice at the sole discretion of Sahara .
(s) Proof of delivery will be maintained by SAHARA for duration of 30 days from the date of delivery of the Service.
(t) You must ensure that the complete address of the recipient is provided since the products cannot be delivered to post office boxes.
(u) Any warranties or after sale services if any offered by the Vendors on any product shall be serviced by such Service Provider and Sahara will not entertain any request in this regard. Sahara shall not be liable for any asserted damages, physical or otherwise suffered by the user due to use of the products/goods. SCH specifically disclaims any representation/s or warranty/ies with respect to over turn of misfortunes into fortunes by the use of said products. You shall buy said products as per your understanding, knowledge and belief.
(v) In case of deficiency in quality of the product or Service by the vendor/Service Provider, You or the recipient is free to initiate legal proceeding against the Vendor/Service Provider. Sahara assumes no responsibility in case of deficiency as to fitness, potency, usage after sales service of the product and. You shall not hold SAHARA SERVICE LTD its brand/ unit “SAHARA CARE HOUSE” its directors, shareholders affiliates, promoters, subsidiaries, group companies etc responsible for the acts of Vendors/ Service Providers under any law, enactment etc & the service provider/vendor shall be Solely & exclusively liable for all costs, damages, fees etc.
(w) SAHARA SERVICE LTD through its unit “ SAHARA ” shall not be responsible in any manner whatsoever with regard to non-observance of the provisions of the Applicable laws by the Service provider /vendor including but not limited to the provisions of the Packaging Act, Weights & Measures Act and allied rules etc and the like.
(x) The Pricing of the Service will be in INR as reflected on the website.
(y) Any request for cancellations, modification of orders once duly placed on the site or refund of the amount shall not be entertained.
(z) In a credit card transaction, you must use your own credit card. Sahara will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user or You and the onus to prove otherwise shall be exclusively on the user or You.
(aa) An y dispute or controversy arising out of or concerned with the TOS shall be referred for adjudication to a Sole Arbitrator to be appointed by SAHARA SERVICE LTD the said Sole Arbitrator may be an employee or ex-employee of SAHARA SERVICE LTD or any of its sister/associates concern(s). You hereby approves of and grants your consent to this .The Sole Arbitrator shall follow the procedure as provided for in the (Indian) Arbitration & Conciliation Act, 1996 as amended from time to time and the award by the Sole Arbitrator shall be final & binding upon the parties. The seat of Sole Arbitrator shall be at Gurgaon (Haryana) and all proceedings shall be conducted in English.
2. GOVERNING LAW AND JURISDICTION
(a) This TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of law principles .
(b) Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Gurgaon (Haryana) only shall have exclusive jurisdiction over the subject matter.
(c) If any provisions(s) of this TOS is held by a court of competent jurisdiction to be contrary to applicable law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) SCH's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCH in writing.
(e) The section titles in this TOS are solely used for the convenience of the parties and shall not be taken into account for the purposes of interpretation or construction.
(f) If any term or provision of this Agreement or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be, held invalid.