Terms & Conditions
Zikreet e-Commerce
Pvt. Ltd owns www.bigcart.co and operates this Website. This document
governs your relationship with www.bigcart.co (“Website”). Access to and use of
this Website and the products and services available through this Website
(collectively, the "Services") are subject to the following terms,
conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to this
Website is permitted on a temporary basis, and we reserve the right to withdraw
or amend the Services without notice. We will not be liable if for any reason
this Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or all of this Website.
This Website may
contain links to other websites (the "Linked Sites"), which are not
operated by www.bigcart.co. www.bigcart.co has no control over the Linked Sites
and accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Privacy Policy
Our privacy policy,
which sets out how we will use your information, can be found at [Privacy
Policy Link]. By using this Website, you consent to the processing
described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse
this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and
www.bigcart.co will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of this Website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual Property, Software and
Content
The intellectual
property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property
of www.bigcart.co or its licensors and are protected by copyright laws and
treaties around the world. All such rights are reserved by www.bigcart.co and
its licensors. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute
or otherwise reproduce, in any format, any of the content or copies of the
content supplied to you or which appears on this Website nor may you use any
such content in connection with any business or commercial enterprise.
This Agreement does not transfer from
the Zikreet e-Commerce Pvt. Ltd to you any of the Operator's or third party
intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with the Zikreet
e-Commerce Pvt. Ltd. The Zikreet e-Commerce Pvt. Ltd logo, and all other
trademarks, service marks, graphics and logos used in connection with the Site
are trademarks or registered trademarks of the Zikreet e-Commerce Pvt. Ltd or
the Zikreet e-Commerce Pvt. Ltd's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Site may be the trademarks of
other third parties. Your use of the Site grants you no right or license to
reproduce or otherwise use any the Zikreet e-Commerce Pvt. Ltd or third-party
trademarks.
Copy Rights
All right, title, and interest in and
to the Service and all materials therein or transferred thereby, including,
without limitation, software, images, text, graphics, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, videos,
music are and will remain the exclusive property of Zikreet e-Commerce Pvt.
Ltd. and its licensors. You agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from any materials or content
accessible on the Service. Use of bigcart.co content or materials on the
service for any purpose not expressly permitted by this Agreement is strictly
prohibited.
Any feedback, comments, or suggestions you may provide regarding bigcart.co or
the Services is entirely voluntary and we will be free to use such feedback,
comments or suggestions as we see fit and without any obligation to you.
Terms of Sale
By placing an order,
you are offering to purchase a product on and subject to the following terms
and conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may
vary according to availability and subject to any delays resulting from traffic
jam, product not available with vendor, vendor side delays or force majeure for
which we will not be responsible.
In order to contract
with www.bigcart.co you must be over 18 years of age and possess a valid credit
or debit card issued by a bank acceptable to us. www.bigcart.co retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you
have contracted with. This will usually be www.bigcart.co or may in some cases
be a third party. Where a contract is made with a third party www.bigcart.co is
not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an
order, you will receive an acknowledgement e-mail confirming receipt of your
order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between you and bigcart.co vendor will not
be formed until we send you confirmation by e-mail that the goods which you
ordered have been dispatched to you. Only those goods(Subjected to change or
cancel based on availability with bigcart.co vendor) listed in the confirmation
e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of any
goods which you have ordered we will inform you of this as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Delivery costs will
be charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your
order,Bigcart.co will carry out a standard authorization check on your payment
card to ensure there are sufficient funds to fulfill the transaction. Your card
will be debited upon authorization being received. The monies received upon the
debiting of your card shall be treated as a deposit against the value of the
goods you wish to purchase. Once the goods have been dispatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email. Presently, bigcart.co only accept cash on delivery and
product will be deliver to your address against cash payment.
Disclaimer of Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law www.bigcart.co and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect www.bigcart.co's liability for death or
personal injury arising from its negligence, fraudulent misrepresentation, and
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer as to
ownership of trademarks, images of personalities and third party copyright except where expressly stated to the
contrary all persons (including their names and images), third party trademarks
and content, services and/or locations featured on this Website are in no way
associated, linked or affiliated with www.bigcart.co and you should not rely on
the existence of such a connection or affiliation. Any trademarks/names
featured on this Website are owned by the respective trade mark owners. Where a
trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to www.bigcart.co.
Indemnity
You agree to
indemnify, defend and hold harmless www.bigcart.co, its directors, officers,
employees, consultants, agents, vendors, and affiliates, from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
legal fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
www.bigcart.co shall have the
right in its absolute discretion at any time and without notice to amend, remove
or vary the Services and/or any page of this Website.
Invalidity
If any part of the
Terms of Service is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of the Terms of
Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling
procedure which we will use to try to resolve disputes when they first arise,
please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we
take no action, we will still be entitled to use our rights and remedies in any
other situation where you breach these conditions.
Entire Agreement
The above Terms of
Service constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and www.bigcart.co.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by a Director of www.bigcart.co.
Changes to our terms and privacy
policies
From time to time we may make adjustments
to this policy. Changes will be made at our sole discretion. Site's users are
encouraged to check this policy for such changes. Your continued use of this
site following changes to this policy constitutes your acceptance of the
changes.
Changes to our terms and privacy
policies
Any questions about these terms of
service and privacy policy should be addressed to us via our contact form.
This document has been last modified on 3rd June
2017