Shipping and Delivery Policy
SHIPPING AND DELIVERY POLICY
The Parties to this Shipping and Delivery Policy hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Policy shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Policy may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, the meanings of the terms defined in the other Definitive Documents as well as the rules of interpretation executed between the Customer and the Company shall be made applicable mutatis mutandis to this Policy:
1.1. “Delivery Service” shall mean any and all forms of deliveries that are carried out by the Delivery Agent of the Purchased Item.
1.2. “Delivery Agent” shall mean the third party service provider which provides drop shipping services in relation the delivery of the Purchased Item.
1.3. “Serviceable Area” is the geographical territory within which the Delivery Agent can carry out any delivery of a Purchased Item.
1.4. “Shipping Address” shall mean the address to which the Purchased Items have to be delivered as specifically instructed by the Customer.
2. TERMS GOVERNING DELIVERY
2.1. Notwithstanding anything contained herein the Customer has to be within the Serviceable Area to enjoy any and all of his rights under this Policy.
2.2. In case there is any dispute regarding the Shipping Address being within the Serviceable Area, neither the Company nor the Delivery Agent shall be liable for delivery of the Purchased Item.
2.3. In case the Customer makes multiple orders for the Purchased Items in a single transaction, the Company and the Delivery Agent shall endeavor to ship all products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. For clarification of doubt, the Company has not made (and disclaims all) representations, warranties, declarations and covenants, whether express or implied in this regard.
2.4. Notwithstanding anything herein, each single order shall only contain one Shipping Address.
2.5. Once the Shipping Address is confirmed, the Customer cannot change it for any reason whatsoever. Breach of this clause absolves the Company as well as the Delivery Agent in relation to any duties and liabilities that ordinarily need to be fulfilled if the Shipping Address remains unchanged.
2.6. Any representation, warranty, covenants and/or declaration, whether express and/or implied, which is made by any Delivery Agent, distributor, wholesaler and/or manufacturer shall not be deemed in any manner whatsoever a representation, warranty, covenants and/or declaration by the Company in any manner whatsoever.
2.7. Notwithstanding anything contained herein, the Company does not endorse and/or otherwise promote, in any manner whatsoever, any third party service provider/ seller of goods, including but not limited to any Delivery Agent.
2.8. The Customer specifically covenants that he shall not use the Delivery Service and/or any part thereof as a mean to fraudulently induce a Delivery Agent and/or any other Third Party to carry out act and/or omission.
2.9. The Customer understands, agrees, affirms, acknowledges that actual delivery is carried out by the Delivery Agent and the Company shall not be liable in relation to the same.
2.10. At the instance the Delivery Agent provides any Purchased Item in tampered and/or damaged form, the Customer shall inform the Company of such an occurrence immediately, within the same day. Any delay in relation to the intimation of such an occurrence as envisaged herein under Clause 2.10 shall be deemed to be waiver of any and all rights of the Customer in equity and/or applicable law as against both the Company and the Delivery Agent in relation to such an instance.
Any provision in this Policy, which is or may become prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Policy or affecting the validity or enforceability of such provision in the same or any other jurisdiction. Without prejudice to the foregoing, the Parties will immediately negotiate in good faith to replace such provision with a proviso, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
4. INDEPENDENT CONTRACTORS
The Parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Policy will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.
5. ENTIRE AGREEMENT