Terms and Condition of Sale
The 'Terms and Conditions of Sale' detail the terms on which you may subscribe to or purchase books, magazines and films and other products ("Products") from 'The Marg Foundation' through our Website at www.marg-art.org ("Website").
Prior to placing an order for any Product you must click on a check box to declare that you have read and accept the 'Terms and Conditions of Sale’. Your acceptance would constitute this to be a legal, valid and binding Contract between 'The Marg Foundation' and you.
Please understand that if you refuse to accept these 'Terms and Conditions of Sale', you will not be able to order any Products from our Website. In such a case you could send your comments or queries to The Marketing and Sales Department, email: firstname.lastname@example.org to know more about other means and methods of ordering our Products.
Any information contained in this Website is not intended to advertise or solicit any of our Products in any manner whatsoever.
(1) DEFINITION OF TERMS
"Seller" shall mean 'The Marg Foundation', a public trust registered under the provisions of the Bombay Public Trusts Act, 1950, and having its registered office at Army & Navy Building, 3rd Floor, 148 Mahatma Gandhi Road, Mumbai 400001, India, and includes their successors and assigns.
"Buyer" shall mean you as the other party to this Contract, your heirs, legal representatives, successors, and permitted assigns.
(2) PAYMENT TERMS
(a) The order submitted will be confirmed by the Seller through the website.
(b) Terms of payment are within the Seller's sole discretion, and unless otherwise agreed to by it, payment must be received by the Seller prior to dispatch of an order. Payment for the Products will be made by credit card, or some other payment method notified on the Sellers’ Website.
(c) Contract price does not include delivery cost, excise, customs, octroi, or other duties, taxes on sale, purchase, assignments, levies, or additional expenses occasioned by causes beyond the Seller's control (including statutory impositions) or by force majeure.
(a) Delivery time will be indicated on the Website and goods shall be delivered within the stipulated time. However, time of delivery indicated on the Website is not guaranteed and will be extended by any delays occasioned by causes beyond the Seller's control, including but not limited to a Force Majeure Event.
(b) Delivery may be in one lot or in several lots at the Seller's option.
(c) The Buyer shall inspect the Products immediately on arrival and shall within 7 (seven) days from date of their arrival give the Seller notice of any matter or thing by reason whereof they may allege that the Products are not in accordance with the Contract. If the Buyer fails to give such notice within 7 (seven) days as aforesaid, the Buyer shall not be entitled thereafter to put in any claim against the Seller in respect thereof.
Notwithstanding anything to the contrary in any of the terms and conditions governing this Contract, with the delivery of the Products, the property in the Products will vest in the Buyers unless otherwise expressly stipulated.
(5) DISCLAIMER OF WARRANTIES
The Seller makes no express warranties except those stated in these 'Terms & Conditions of Sale'. The Seller disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
(6) LIMITATION OF LIABILITY
Under no circumstances shall the Seller or its partners, associates, suppliers, vendors, officers, agents, employees be liable for any losses or damages whatsoever including without limitation, direct, indirect, punitive, special, incidental, remote and consequential damages, loss of profits, goodwill, other tangible losses or damages whatsoever arising out of or resulting from the use of the Products or inability to use the Products, unauthorized access to your registered account or password; any other matter, whether based on warranty, contract, tort, or any other legal theory; or otherwise whatsoever in respect of this Contract.
(7) EXCLUSIONS AND LIMITATIONS
The buyer acknowledges, agrees and confirms that the disclaimers and exclusions of liability set forth in sections 5 and 6 represent a fair and reasonable allocation of the risks and benefits of the Contracts between the Buyer and Seller, taking all relevant factors into consideration, including without limitation the value of the consideration provided by Buyer and Seller and the availability and costs of insurance with respect to the said risks. Buyer further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted under the applicable law.
The Buyer shall be solely responsible for compliance of all laws, rules and regulations for import, export, or re-export of Products within the Buyer's local jurisdiction and payment of any duties, taxes and charges levied or charged. The Seller has no knowledge or control over these duties, taxes and charges that may be levied on the Buyer in the Buyer's local jurisdiction and cannot predict their amount. The Buyer undertakes to contact its local authorities for any further information prior to placing an order for the Seller's Products.
(9) NOTICES AND COMMUNICATION
When using the Seller's Website, the Buyer accepts that communication with the Buyer will be mainly in electronic form. For contractual purposes, the Buyer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Seller provides to the Buyer electronically at the email address provided to the Seller, complies with any legal requirement that such communications be in writing.
The Buyer agrees and understands that in ordering any Product, the Buyer may decide to access third-party websites including partner and associate websites linked to the Seller's Website. The Buyer undertakes that it shall read the privacy policies and terms and conditions of such websites after which the Buyer shall decide to access any third-party sites linked to this Website, entirely at the Buyer's own risk. Any links to any partner and associate of the Website is the responsibility of the linking party, and the Seller shall not be responsible for notification of any change in name, location of any information on the site and not liable for any actions, claims, losses or damages arising thereto.
(11) COMPLIANCE WITH APPLICABLE LAWS
This Website may be accessible from places that are out of the geographical boundaries of the Republic of India. 'The Marg Foundation' makes no representation that the content or material available on the Website is appropriate for use in other locations. Visitors and users that access the Website from locations beyond the geographical boundaries of India do so at their own risk, and shall be responsible for compliance with the laws of India and the laws of their local jurisdiction.
The Buyer hereby agrees to indemnify and hold the Seller, its trustees, employees and partners, safe and harmless from, against and in respect of all actions, notices, claims, allegations, suits, investigations, judgments, settlements, demands, losses, damages, expenses, costs, liabilities or other proceedings of whatsoever nature (including attorney’s fees) arising from: (i) Buyer's use of and access of the Website; (ii) violation by the Buyer of any term of these 'Terms and Conditions of Sale'; (iii) Buyer’s violation of third party rights; (iv) breach of any applicable laws.
(13) EVENTS BEYOND SELLER'S CONTROL
The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract, that is caused by events beyond the Seller's reasonable control or a Force Majeure Event.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of the Seller and includes (without limitation) (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) technical failures, server problems, virus attacks (g) the acts, decrees, legislation, regulations or restrictions of any government.
The Seller's performance under any Contract with the Buyer is deemed to be suspended for the period that the Force Majeure Event continues, and the Seller will have an extension of time for performance for the duration of that period.
(14) NO THIRD-PARTY BENEFICIARIES
The Buyer agrees that, except as otherwise expressly provided in this 'Terms and Conditions of Sale', the Buyer shall not be entitled to have any third-party beneficiaries to this Contract.
(15) GENERAL INFORMATION
(a) Entire Agreement. The 'Terms and Conditions of Sale' constitute the entire agreement between the Seller and the Buyer and supersedes any prior understandings and agreements between them. The Buyer may also be subject to additional terms and conditions that may apply to the Buyer when using the Seller-partner and associate services.
(b) Waiver and Severability of Terms. The failure of the Seller to exercise or enforce any right or provision of the 'Terms and Conditions of Sale' shall not constitute a waiver of such right or provision. If any provision of the 'Terms and Conditions of Sale' is found by a court of competent jurisdiction to be invalid, such provision shall be severed form the Contract and the other provisions of the 'Terms and Conditions of Sale' remain in full force and effect.
(16) GOVERNING LAW & JURISDICTION
The 'Terms and Conditions of Sale' (including the documents referred to and thus incorporated herein) is governed solely and exclusively by the laws of India. The Courts in Mumbai only shall have the exclusive jurisdiction in respect hereof.
(17) CHANGE OF 'TERMS AND CONDITIONS OF SALE'
The Seller may change these 'Terms and Conditions of Sale' without notice to the Buyer. The Seller recommends that the Buyer visits these 'Terms and Conditions of Sale' from time to time to understand and be fully aware of any changes.