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Terms & Condition:
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
OF Bramah Impex
1.0 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.3 "List Price" means the list of prices of the Goods maintained
by the Seller as amended from time to time;
1.4 "Seller" means Bramah Impex E-165 2ND FLOOR GREATER KAILASH
PART-1 NEW DELHI
110048, INDIA
1.5 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and conditions
agreed in writing by the Seller.
2.0 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the
sale of Goods by the Seller to the Buyer and shall prevail over any
other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer
to purchase Goods pursuant to these Terms and Conditions and are subject
to acceptance by the Seller. The Seller may choose not to accept an
order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable
unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
3.0 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's
current List Price/on the Seller's website/as contained in the Seller's
Quotation (as applicable) at the date of order or as agreed between
the parties. The price is exclusive of any delivery or freight charges
and any type of custom and other charges from the Buyer's country port
or His State Government.
3.2 Payment of the total purchase price (including delivery or freight
charges) must be made in full before dispatch of the Goods.
3.3 bramahimpex.com accepts most credit and debit cards, including Visa,
MasterCard. We operate a sophisticated on-line processing system via
CC Avenue, one of the world's largest credit card processing companies.
3.4 Bramah Impex reserve the right to decline any orders that do not
pass the Address Verification System in full, including a working land
line telephone number, in certain circumstances a mobile number will
be accepted. In this case customers may be asked to submit a recent
bank statement or personal utility bill to confirm the name address
and postcode submitted as their invoice address. This information will
be treated with the utmost confidentiality. If an order is declined
the customer will be asked to apply for a refund through his or her
own credit card bank.
3.5 Due to the proliferation of credit card fraud and under certain
circumstances, we now offer an alternative method of payment via money
transfer. In this case the order will only be processed once the funds
have reached our bank. These arrangements are made on an individual
basis. Some time we also accept part payments but that is subjected
to prior agreement, during the negotiations.
3.6 Should there be an error in the description or price of goods in
the catalogue, Bramah Impex reserves the right to supply goods at the
correct price.
3.7 Payment Is As Secure As 1-2-3
We know of no documented case of credit card fraud using our shopping
system over the internet. This is because:
3.7.1. When you place your order our secure server software encrypts
all your personal information - including card number, name and address.
This encryption process takes all the characters you enter and converts
them into bits of code, which can then be safely transmitted over the
internet.
3.7.2. At no time are your details held in clear text on any website.
3.7.3. And no one sees your credit card number - not even us!
4.0 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the
Buyer that the Goods are available for collection at the Seller's premises
or for delivery to such place and on such terms as agreed between the
Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be DISPATCHED FROM SHOPPING MALL
WITH IN 5/7 DAYS of the order being placed PRODUCTION LINE ORDER WILL
BE DISPATCHED as per mutual understanding at the time of order being
placed. Generally it takes around 25 to 45 days for the product to be
manufactured, it varies from product to product. The Buyer shall make
all arrangements necessary to take delivery of the Goods whenever they
are tendered for delivery.
4.3 The Seller shall use its reasonable endeavors to meet any date stated
for delivery. In any event time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or
expenses incurred by the Buyer or any third party arising directly or
indirectly out of any failure to meet any estimated delivery date.
4.4. Bramah Impex do not dispatch orders to PO Boxes under any circumstances.
In the event that the Seller is unable to deliver the Goods within the
time specified in Clause 4.2, the Seller will contact the Buyer to advise
of the situation and the Buyer shall be entitled to cancel those items
and receive a full refund of those items or agree a later delivery date
or other replacements given to him /her.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
5.0 WARRANTY
5.1 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller or else will get approval
by the buyer for any change.
6.0 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and
shall notify the Seller within 3 days of delivery if the Goods are damaged
or do not comply with any of the Contract.
6.2 If your product is damaged in transit, please contact us immediately
on bramahimpex@acgil.com we will pursue the case with the freight
forwarders.
6.3 Goods to be returned must clearly show the order number obtained
from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's
fault the Buyer will be liable for the cost of remedying such damage.
6.5 Bramahimpex.com endeavors to supply the highest quality goods and service
and operates a simple returns policy.
6.6 Customized products and designs are non-returnable.
6.7 If the product is of bad quality or not of the shape or design you
have ordered than it can be returned or can be issued debit notes of
the same amount or can be sent the right product with your next order.
Though the return of goods, debit notes will be at the discretion of
Bramah Impex.
6.9 When returning goods, it will speed up the process enormously if
you remember to include your name/address, and where possible, your
order number. Any items returned should not have been used or worn.
6.10 Overseas orders are placed at the customer's or buyer's risk. Bramah Impex will not accept responsibility for overseas orders lost and damaged
in transit. So there will be no refund in that case, how ever Bramah Impex will pursue the case with the freighters
6.11 By placing an order, you agree to the terms above. Your statutory
rights are not affected.
7.0 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury, however the Seller
shall not be liable for any direct loss or damage suffered by the Buyer
howsoever caused, as a result of any negligence, breach of contract
or otherwise in excess of the price of the Goods.
7.2 The Seller shall not be liable under any circumstances to the Buyer
or any third party for any indirect or consequential loss of profit,
consequential or other economic loss suffered by the Buyer howsoever
caused, as a result of any negligence, breach of contract, misrepresentation,
any failure to meet any estimated delivery date or otherwise.
8.0 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any
of its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of
God, strikes, lock outs, accidents, war, fire, breakdown of plant or
machinery or shortage or unavailability of raw materials from a natural
source of supply, and the party shall be entitled to a reasonable extension
of its obligations.
9.0 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by the court of jurisdiction
such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid, illegal or unenforceable
provision eliminated.
10.0 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the law of India and any legal Discrepancy or Disputes will be
heard or proceed in the exclusive jurisdiction of the Indian courts
at NEW DELHI India.
11.0 What You See Is What You Get
www.bramahimpex.com has made every effort to display the jewellery
as accurately as possible. Most products have been described with sizes/lengths
and accurate color options. However, we are aware that colors and images
vary slightly according to the monitor they are viewed on. In most cases,
the only surprise is that the crystal, diamante and Faceted Semiprecious
and Precious Stone jewellery are far more dazzling in real life than
the pixels of the monitor allow us to show!
Mode of Payment
We give the following options for payment:
Full Advance Payment:
For small orders of value less than USD 1000, we accept only full advance
payment as it minimizes the bank charges involved in other methods of
payment. You may send payment by Telegraphic Transfer (TT) or Wire Transfer
to our Bankers under intimation to us. On request we will provide you
our bank details.
Part Payment in Advance
For larger orders, we can take 50% value in advance. Balance payment
is payable against delivery of documents through your bank.
Letter of Credit:
For bulk order, we can accept Sight Letter of Credit opened from Prime
Bank.
For Orders
" Minimum Order Amount only $500 FOB Delhi."
We charge USD 30 for customs & bank charges amount below US$ 2500
Sample Policy
To keep our overheads low & pass on the cost benefit resulting
from this saving to our customers, we follow following sample policy:
"We send all samples of regular products which does not involve
development free of cost.
"We request new buyer to bear cost of courier charges. Once wholesale
business starts, we send samples with all cost including courier expenses
to us.
"In case of inquiries coming from Internet, we always ask buyer
to bear courier cost.
"In case you are a new customer and you need to check our product
quality, please give us your INTERNATIONAL COURIER ACCOUNT NUMBER with
Fed Ex /DHL/UPS/ or similar courier to send samples on freight collect
basis. . It would help us indeed if you send us your e- mail address,
we can forward our new range of samples by e-mail attachments to you
and the ones, which are approved, can be forwarded for your orders
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