Unless otherwise defined herein, all capitalized terms used in this TOS shall have the meaning given to them in the Client/Guest agreement (“Agreement”).
In addition to acceptance of the terms and conditions provided for under the Agreement, You are required to accept the terms and conditions contained in this TOS to avail of the Relationship Services (“Service”) through www.saharacarehouse.com (Website). All terms and conditions of the Agreement are incorporated herein by reference and shall be deemed to be a part of this TOS.
1.DESCRIPTION OF SERVICE AND TERMS OF ORDER
(a)The Service is a special package developed for those who always wanted more and wished to give their loved ones as much as they can. You can send your loved ones, your family and friends in India the token of your emotion by sending products/goods as displayed on www.saharacarehouse.com (Website) under Relationship Services. Be it any occasion, whether a birthday or marriage anniversary of your mother, father, brother or sister or friend, once You place an order we will get it delivered at the doorstep of your loved ones.
(b)Under this Service, SAHARA CARE HOUSE will only act as an “Order Booking Agent” and further facilitate the delivery of the products displayed on the Website under Relationship Services to your loved ones in India through various service providers (“Vendors”).
(c)This Service may be availed of at any time during the year by You and/or Your Beneficiary in India. 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 Basis”. 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)SAHARA CARE HOUSE 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 CARE HOUSE believes that You have violated applicable law(s), and orders that SAHARA CARE HOUSE believes are harmful to it or its affiliates. SAHARA CARE HOUSE also reserves the right to limit the number of items purchased or ordered under Relationship Service placed through website. Delivery of the any product/good shall be as per the lead time reflected on the Website, however delivery on the specified/requested date and time is not guaranteed but Sahara Care House will employ its best effort for timely delivery. Urgent delivery is offered against limited products only mentioned on the Website.
(e) 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 via credit card. In the event the payment has been processed by Sahara Care House the same shall be compensated to you by offering a re-purchase of any product/good of similar value. No refund shall be made in such case.
(e)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.
(f)The delivery of gifts would be attempted only once. In case the delivery is not executed during the first attempt by SAHARA CARE House’s relationship ambassador ("RA"), 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 to your account or You or Beneficiary can collect the same from the branch office of Sahara Care House without any further cost to that effect.
(g)Any image of the product displayed on the website is indicative in nature and You/Beneficiary 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 and assumes absolutely no responsibility in this regard.
(h)In an effort to provide you with the most current information SAHARA CARE HOUSE 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. It is clarified that Sahara Care House charge only in Indian Rupees and the product/goods price are being captured at standard rate i.e 1USD= INR 42. However, USD price are only indicative, which are always subject to foreign exchange fluctuation, and shall not be construed as final by YOU as the actual capturing of the amount from Your credit card may vary from time to time. Further, You agree to bear the amount difference arising due to foreign exchange fluctuation. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
(i)All prices and availability of products are subject to change without prior notice at the sole discretion of Sahara Care House.
(j)Proof of delivery will be maintained by SAHARA CARE HOUSE for duration of 30 days from the date of delivery of the Service.
(k)You must ensure that the complete address of the recipient is provided since the products cannot be delivered to post office boxes.
(l)Neither SAHARA CARE HOUSE nor its Relationship Ambassador (RA) shall be liable for any delay/non-delivery of products/ goods owing to the acts and omission of the concerned Service Provider, any other event, including (but not limited to) flood, fire, wars, emergency, terrorism, insurgency, riots, communal tensions, blockades, strikes, lock outs, acts of God not within the reasonable control of SAHARA CARE HOUSE.
(m)Any warranties or after sale services if any offered by the Service Providers on any product shall be serviced by such Service Provider and Sahara Care House will not entertain any request in this regard. Sahara Care House 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.
(n)In case of deficiency in quality of the Service by the vendor/Service Provider, You or Beneficiary is free to initiate legal proceeding against the vendor/Service Provider & SAHARA SERVICE LTD its brand “SAHARA CARE HOUSE” its directors, shareholders affiliates, promoters etc shall not be liable under any law, enactment etc & the service provider/vendor shall be Solely & exclusively liable for all costs, damages, fees etc.
(o)SAHARA SERVICE LTD through its unit “SAHARA CARE HOUSE” 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.
(p)The Pricing of the Service will be in INR as reflected on the website.
(q) Any request for cancellations, modification of orders once duly placed on the site or refund of the amount shall not be entertained.
(r)In a credit card transaction, you must use your own credit card. Sahara Care House 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.
(r)Any 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 Lucknow 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 Lucknow 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.