Terms of Sale

These Terms of Sale are a legally binding document between Buyer and Seller where the seller has made the offer to sell the Products by listing the same on the Platform and Buyer has accepted such offer of the Seller by agreeing to buy the Product so offered on the Platform. These Terms of Sale will be effective and binding on the Seller upon Seller's advertising, exhibiting and creating a listing of the Product on the Platform, and shall be effective and binding on the Buyer upon Buyer agreeing to purchase the Products so listed by the Seller. These Terms of Sale does not require any physical, electronic or digital signature.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.kzcart.com (the “Website”) and mobile application under the name and style "KZCart" (the Website and the mobile application shall collectively be referred as the “Platform”) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Platform, after completing on-boarding formalities and statutory documents submission and verification, as decided by KZCart from time to time, to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Platform from the Seller. These Terms of Sale also contain certain statements and disclaimers made by between KZCart Inc. (hereinafter referred to as “KZCart” or "We"), which shall be binding on Buyer and Seller, as the case may be. Both Buyer and Seller may collectively referred to as "You" with its grammatical variations and cognate expressions.
Please read these Terms of Sale carefully before listing any Product or before purchasing any Products. These Terms of Sale are in addition to various agreements, terms, Privacy Policy, Terms of Use and all other policies of the Platform. Seller may include additional or conflicting terms and conditions of sale in the Product listing or Product description as made available on the Platform (“Additional Terms of Sale”). If there is any conflict between these Terms of Sale and the Additional Terms of Sale, the Additional Terms of Sale shall take precedence to the extent of such conflict and in relation to that sale. If a Seller does not agree with these Terms of Sale, please do not list of make any offer for sale of any Products on the Platform and if a Buyer does not agree to these Terms of Sale and Additional Terms of Sale, please do not buy or attempt to buy any Product listed on the Platform.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of Sale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Platform and related services. If no separate consent is sought, Your continued use of the Platform following such changes and modifications to the Platform or these Terms of Sale will constitute Your acceptance of such changes or modifications.

OFFER AND ACCEPTANCE OF THE PRODUCT
1. The Seller hereby makes an offer to sell the Products listed by Seller on the Platform and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. KZCart is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer.
2. The Seller and Buyer understand and agree that KZCart has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the these Terms of Sale, Terms of Use, Privacy Policy or under any contract or policy between KZCart on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority of a sovereign nation.
PRODUCT(S)
1. KZCart respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please inform the Grievance Officer of KZCart via email at grievance@kzcart.com.
2. The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller shall be responsible to inform the Buyer regarding the cancellation without any liability to the KZCart. In such instance, the Seller has to pay to KZCart the charges such as, payment-gateway charges or any other charges as decided by KZCart, from time to time.
3. In case of cancellation from the Seller, KZCart shall have no liability with regard to repayment to the Buyer or any other liability whatsoever. The Buyer shall be at the liberty to take the matter with the Seller directly.
4. In the event a promotional code given by KZCart is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order.
5. In case of cancellation from the Seller, KZCart shall take best efforts, without taking any responsibility/liability, to arrange for the suitable Products.
6. With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
  1. Seller has the right to sell the Products to the Buyer on or through the Platform;
  2. Buyer shall have and enjoy quiet possession of the Products;
  3. Products shall be free from any charge or encumbrance in favor of third party;
  4. Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product; and
  5. Product shall meet the description and specifications as provided on the Platform.
PRICING INFORMATION
1. The selling price of the Product (“Selling Price”) is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Platform on 'as is' basis as provided by the Seller. Due to technical reasons, there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
2. All prices are inclusive of all the applicable taxes, unless stated otherwise.
DELIVERY OF THE PRODUCT
1. There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Platform and purchased by the Buyer and meet all descriptions and specifications as provided on the Platform.
2. Buyer's shipping address, pin/zip code will be verified with the database of Platform before a Buyer proceeds to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
3. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimated only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Platform. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
4. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state/country. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to KZCart for any loss of any fee or charges that KZCart and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to KZCart and its third parties are not consequential or indirect.
5. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
RETURN POLICY FOR PRODUCTS
1. In case of Buyer's Product related complaint for refund or replacement, both Buyer and Seller agree to mutually decide the same, without any liability on the KZCart.
2. KZCart shall strictly act as a platform to match the Buyer and the Seller, and shall in no manner be made responsible for quality of the product, shipping timelines or any complaint relating to the Products.
3. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
4. In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer, as mutually decided between the Buyer and the Seller. Such repayment may or may not include KZCart’s earnings/fees/charges for such a transaction, as decided by KZCart from case to case.
5. Buyer agrees that if the returned Product is not accepted by the Seller, then KZCart shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
CANCELLATION OF TRANSACTION/ORDERS BY THE BUYER
1. Cancellation by the Buyer: In case of requests for order cancellations, the Seller reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if Seller receives a cancellation notice and the order has not been shipped, Seller may cancel the order and refund the amount to the Buyer within a reasonable period of time, withholding KZCart’s earnings/fees/charges for such transaction, as decided by KZCart from case to case. The Seller will not be able to cancel orders that have already been shipped by the Seller. The Buyer agrees not to dispute the decision made by the Seller and accept the Seller's decision regarding the cancellation.
2. Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by KZCart in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes KZCart to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
GOVERNING LAW
1. These Terms of Sale shall be governed in accordance with the laws of South Carolina and the United States of America without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
DISCLAIMER
1. KZCart’s role is that of an intermediary in the form of an online marketplace and is limited to managing the Platform to enable Seller to exhibit, advertise, display, make available and offer to sell the Products and to enable Buyer to purchase the Products so offered, and other incidental services to facilitate the transactions between Sellers and the Buyers. Accordingly, the contract for sale of any of the Products shall be a bipartite contract between Seller and the Buyer. At no time shall KZCart have any obligations or liabilities in respect of such contract nor shall KZCart hold any title in the Products. The title in the Products and other rights and interest in the Products shall directly pass to the Buyer from the Seller.
2. These Terms of Sale shall not amend or modify any agreements, contracts, terms or policies between the Buyer or Seller on one hand and KZCart on the other hand.
3. KZCart does not control, endorse or accept responsibility for any Product (including but not limited to product catalogues) offered by Sellers accessible through the Platform or any linked sites. KZCart makes no representations or warranties whatsoever about, and shall not be liable for, the Seller or any such third parties, their Products including representations relating to merchantability, fitness of a Product or service for a particular purpose, and non-infringement of third party intellectual property rights. Any transactions that Buyer may have with such third parties are at Buyer's own risk. The Products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and KZCart does not accept any responsibility for the same. KZCart also does not accept any responsibility for the usage of the Products by the Buyer.
4. KZCart specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired Products purchased by Buyer from the Seller and KZCart shall not assume any liability if the Product purchased or availed by Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation order.
5. KZCart is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
6. KZCart does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to KZCart. Prices, Product description and availability of the Product are Seller's responsibility.
7. Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and KZCart shall not in any manner be held liable for the same.
8. KZCart shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and any other services relating to the Product where required.

HEERA MOTI CORPORATION

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