These terms and condition of offer for sale ("Terms and Condition of Sale") between M/s WAH Click owner of the website www. WAHClick.com (hereinafter referred to as " WAH Click ") and the users of www.WAHClick.com ("You" or "Your" or "Yourself" or "User") describe, inter alia, the terms and conditions of offer for sale, purchase of goods and services on www.WAHClick.com ("Website").
ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF PRODUCTS/SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE
1.1 The Website is a platform that facilitates the online sale and purchase of merchandise and services ("Services") offered by WAH Click various affiliates/registered merchants/vendors/service providers ("Vendor(s)"). The Services are offered to the Users through various modes which shall include but not be limited to, sale of products by Vendors. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold through the Website.
1.2 You acknowledge that WAH Click has the right to change or discontinue any Service at any time, without notice. You further acknowledge that WAH Click may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that WAH CLICK may make to the Services. You agree that WAH Click shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2. OFFER AND ACCEPTANCE
2.1 Your order is an offer to the Vendor to buy the product(s) that you have placed in your order. When you place an order to purchase a product on the Website, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that WAH Click has received your order, and does not confirm any kind of acceptance of your offer to buy the product(s) ordered. Your offer shall only be deemed accepted and conclude the contract of sale for a product ordered by you.
2,2 Your contract is with Vendor and you confirm that the product(s) ordered by you are purchased for your internal/personal purpose and not for re-sale. You authorize WAH Click and its Vendor(s) to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
2.3 You can cancel your order for a product at no cost any time before we send the Order Confirmation E-mail relating to that product.
2.4 Please note that for all general Consumers (not applicable to B2B users) we sell products only in quantities, which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprises a quantity typical for a normal household.
3.1 WAH Click Vendor(s) through the Website list a variety of products and merchandise belonging to them at a price as maybe stated against such product listing on the Website. Purchase of such products will be subject to these Terms and Condition of Sale and such other Additional Terms, if any, as specified by the Vendor.
3.2 Delivery/Shipping for all the products listed on the Website is offered by Vendor(s) as per the WAH Click policy, which may be changed by WAH Click without any notice to You. Octroi charges, wherever applicable, shall be borne and paid by Vendor and shall not be borne by User. Any Delivery charges (particularly for B2B users) if at all discussed and agreed upon verbally/telephonically is sole liability between both the parties and WAH Click is not liable under any circumstances for any issues subsequent to such consequences.
3.3 All Products are governed by the terms of warranties provided by the respective manufacturer/brands. However, in case any product is covered under seller warranty provided by the Vendor(s), the same shall be specifically mentioned along with the product details.
3.4 In the event You purchase any electronic product/s from the Vendors, WAH Click shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service center as per product user manual, if any or as indicated by the Vendor/s for any default in the electronic products. For the clarification of all doubt, WAH CLICK shall not be liable for any loss/damage caused due to any incidental damage/loss that may occur from a faulty product purchased through the Website and its shall be the manufacturer and if specifically provided in the Additional Terms the Vendor, who shall be responsible for the same.
4. WAH Click SERVICES
4.1 User understands and confirms that it alone shall be responsible with respect to any action taken by it/him/her in utilizing WAH Click services and WAH Click shall not be liable for any such action.
4.2 Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian. User represents that it/her/him is of legal age to form a binding contract with WAH Click and is not a person barred from receiving services under the laws as applicable in India.
4.3 Further, User hereby confirms that for any deficiency in payment of consideration payable towards the services purchased from the Website, WAH Click shall not be responsible and/or liable in any manner.
4.4 No refunds against any products purchased from the Website are offered by WAH Click unless, an error has occurred during the purchase of products for which WAH Click is directly and solely liable.
5. PRICING AND AVAIABILITY
5.1 All prices are listed in Indian Rupees. "Price", as displayed, are exclusive of all taxes. In the FOOD section all prices are as per respective Seller's prices of their respective products. However, in the GROCERY section we show "AMP" i.e., Avergae Market Price of a particular product prevailing in the market on a particular day. The AMP is calculated based on avergae price derived of a particualr product each day by all Sellers on the WAH Click platform. The AMP is regularly updated every 24hrs on WAH Click platform.
5.2 It is also possible that an item's AMP price may decrease/increase between the time you place it in your basket and the time you purchase it.
5.3 WAH Click does not guarantee that the price quoted on its Website or App for a product will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to User.
5.4 Information with respect to the availability of products sold on the Website shall be provided on each Items Available page User gets on confirming "GET WAH DEAL". Please note that Delivery/Dispatch estimates are estimated times within, which we shall endeavor to ensure that the Vendor(s) Deliver/Dispatch the products to You. These are not guaranteed Delivery/Dispatch times and should not be relied upon as such.
5.5 All prices quoted on the Website are exclusive of VAT unless stated otherwise.
5.6 You shall be responsible for payment of all fees/costs/charges associated with the purchase of products through the Website and User hereby agrees to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
6. DEBIT CARD/CREDIT CARD/ONLINE PAYMENT INFORMATION
6.1 In certain cases, specifically with regard to particular products/services, WAH Click may require the User to provide its/her/his credit or debit card details and/or online payment details (including but not limited to bank account information) to the approved payment gateways while making a payment. While providing such details User undertakes to provide correct and accurate credit card/debit card/bank details to the approved payment gateways for purchasing products on the Website. User shall only use its/her/his own credit card issued by the concerned financial institution/bank it's the User's name and at no time use a credit/debit card which is not lawfully owned by it/him/her. WAH Click may share all such information provided as may be required in relation to fraud verifications or by law, regulation or court order. User shall solely be responsible for the security and confidentiality of its/her/his credit/ debit card details. WAH Click expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User's credit card/debit card/online payment information.
7. RETURN POLICY OF PRODUCTS
7.1 In the event You receive a damaged/defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the Vendor/Seller for a replacement of the said product. Please note that at WAH Click we request you to check all goods properly at the time of Delivery as it is all COD (Cash on Delivery) mostly for all products on its platform, unless and otherwise it is expressly stated for a pre-payment online for any particular product or services. However, in case the Vendor/Seller does not respond you can contact WAH Click customer service department through any of the below mentioned channels. The return request shall be made by the customer within 48 hrs of delivery of the merchandise.
7.1.a. WAH CLICK Customer Service at www.WAHClick.com / email@example.com
7.1.b. Filling up the form under Contact Us at www.wahclick.com
7.2 Before you place an order for a Item/Product/Services through the Website, You shall have read WAH Click policy on Return of Products [RETURN POLICY] and if the products purchased can be returned or not. If an item isn't returnable as per WAH Click return policy, you may read the same [NON-RETURNABLE ITEMS].
7.3 WAH Click shall verify all complaints and the authenticity of the same. On being 100% satisfied with the claim being genuine, WAH Click shall forward the complaint to the Vendor and request for a replacement or repair (as deemed fit by WAH Click). Though should WAH Click decipher that the complaints are baseless and frivolous, WAH Click reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by WAH Click in this regard. You expressly acknowledge that the Vendor selling the defective product/service will be solely responsible to You for any claims that You may have in relation to such defective product/service and WAH Click shall not in any manner be held liable for the same.
7.4 Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, WAH Click requests You to refuse to accept delivery and immediately inform Vendor/Supplier of the same. The return process of the product may be restricted by WAH Click depending on the nature and category of the product.
7.5 In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:
7.5.a. In case of damaged/ defective product/service notify WAH Click within 48-hours of delivery to You of such damaged/defective product/service. After the expiry of the said 48 hour period WAH Click shall not be held liable for the failure to facilitate the replacement of the concerned order;
7.5.b. Products should be unused;
7.5.c. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
7.5.d. The return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
7.5.e. Please Note that, the returned products are subject to verification and checks by the Vendor/Supplier and also WAH Click in order to determine the legitimacy of the complaint/return.
7.6 The Vendor/Supplier will arrange pick-up of the damaged/defective product. In the event Vendor/Supplier is unable to do so, please inform WAH Click. At WAH Click we may request and notify You and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Reasonable Courier charges will be reimbursed on actual basis by WAH Click;
7.7 Where the return is acceptable by WAH Click, You shall only be entitled to the maximum of the value of such product, as originally paid by You during acceptance of delivery of product or otherwise and the same will be refunded to You.
Refunds if acceptable, will be processed based on the mode of payment used by You and WAH Click or the approved payment gateway shall reverse your payment and credit Your refund directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
7.7.a. Orders paid online will be refunded within two business days through the online account or via cheque, as may be decided by WAH Click;
7.7.b. For Cash on Delivery payments, You will be provided with a bank cheque for the refund amount.
7.7.c. If the product can be repaired by the service centre, WAH Click would get the same repaired and send it back to You.
7.7.d. For Services related to Food Delivery the Quality related issues of the Food shall be taken care of/replaced by the Vendor/Seller/Service provider.
8. CANCELLATION OF ORDERS
8.1 Subject to refunding any payments that have been processed, WAH Click may cancel an order placed by a User at any time.
8.2 In case of requests for order cancellations, WAH Click reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if WAH Click receives a cancellation notice and the order has not been approved/dispatched by WAH Click and/or Vendor/Supplier (as maybe applicable), WAH Click or Vendor/Supplier shall cancel the order and refund the entire amount to You within a reasonable period of time. WAH Click will not be able to cancel orders for which dispatch confirmation has been sent to you. WAH Click has the full right to decide whether an order has been disptached or not. You agree not to dispute the decision made by WAH Click and accept WAH Click decision regarding the cancellation.
9. INDEMINIFICATION AND LIMITATION OF LIABILITY
9.1 User agrees to indemnify, defend and hold harmless WAH Click from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by WAH Click that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions of Sale or any Additional Terms applicable to the purchase of products and services on the Website.
9.2 In no event shall WAH Click or its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not WAH Click has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, WAH Click maximum liability to You under these Terms and Conditions of Sale or otherwise shall be the refund of the money charged from You for any specific product or service, under which the unlikely liability arises.
9.3 WAH Click shall not be liable for the non-availability of the product, quality of the product & services, delivery of the product and or the installation of the product.
9.4 We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and WAH Click when a contract for the sale of goods by Vendor to you was formed. WAH Click DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. WAH Click MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND WAH Click DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. WAH Click ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
WAH Click SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND WAH Click SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
10.1 When You send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
11.1 The rights and obligations under these Terms and Conditions of Sale shall not be assigned or transferred by You to any third party whomsoever.
11.2 WAH CLICK shall be entitled to transfer or assign any or all of its rights and obligations under these Terms and Conditions of Sale to a third party without any prior written notification to You.
12. ALTERATION OR AMENDMENTS TO THE CONDITIONS
12.1 WAH Click reserves the right to make changes to its policies, and these Terms and Conditions of Sale at any time. You will be subject to the policies and Terms and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
13. EVENTS BEYOND OUR REASONABLE CONTROL
13.1 WAH Click will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond WAH Clicks' reasonable control. This condition does not affect User's statutory rights.
14.1 If You breach these conditions and WAH Click takes no action in one instance, WAH Click will still be entitled to use its rights and remedies in any other situation where you breach these conditions.
15. GOVERNING LAW
15.1 These Terms and Conditions of Sale and the relationship between User and WAH Click shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms and Conditions of Sale or any transactions entered into on or through the Website or the relationship between User and WAH Click shall be subject to the exclusive jurisdiction of the courts at New Delhi and User hereby accedes to and accepts the jurisdiction of such courts.
16.1 All refunds shall be made in the identical modes in which payment is received.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.