GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
This document is an electronic record as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules thereunder.
This document (together with the documents mentioned here in) establishes the general terms and conditions that govern the use of the Website (https://gowithbooks.com/) and the purchase of products on it (hereinafter referred to as the “Conditions”).
For the purpose of this document, “User” / “Users” shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.
We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, the User is bound by these Conditions and our Data Protection Policies.
Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. Gowithbooks may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at any time, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.
ELIGIBILITY
User should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law.
If User is using the Website on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
Gowithbooks reserves the right to refuse access to use the services offered at the Website to new User or to terminate access granted to existing User/ Users at any time without according any reasons for doing so.
USER ACCOUNT
User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If Gowithbooks has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as Gowithbooks deems fit.
The relevant information or personal details that User provides Gowithbooks shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality.
The User can create one Account only and it is not permitted to transfer or interchange such Account to any other person.
USE OF OUR WEBSITE
When the User uses this Website and places order through it, the User agrees to the following:
To use this Website to make enquiries and legally valid orders only
To refrain from making any false or fraudulent orders. In the event if an order of this type may reasonably be considered to have been placed, Gowithbooks shall be authorized to cancel it and inform the competent authorities.
To provide Gowithbooks with the User’s email address, postal address and / or other contact details truthfully and exactly. The User also agrees that Gowithbooks may use this information to contact the User in the context of the User’s order if necessary (Refer the Privacy Policy)
User consents to receive communications from us regarding latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. However, the User may have an option to opt out to receive the said communication by writing to us at the email address mentioned herein. Kindly refer the privacy policy in this regard.
PAYMENT TERMS
Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit / debit and/ or any other payment cards, upi, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
All payments for purchases made by the User on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Gowithbooks, the User will be sent a notification by email or SMS at the email address or mobile number provided to Gowithbooks confirming receipt of payment.
Credit and Debit Card – Gowithbooks accepts all Visa, Master Card, and Maestro cards. User will be redirected to User issuing bank’s site, where User will have to follow the instruction to complete the payment.
Net Banking – User can make payment for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.
Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. Gowithbooks is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.
Issuing bank terms and conditions – Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility and upi will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.
Requirements of Permanent Account Number (PAN) – For all the purchase of an amount equal to or exceeding INR 50,000 (INR Fifty thousand only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with Gowithbooks and the name printed on the PAN card.
Invoice will be provided to the User along with the products when delivered.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.
DELIVERY
In case you have received an order delivery confirmation but that order is not delivered, please raise that complaint within 48hrs.
Shipping Address – User’s shipping address and pin code will be verified with the database of Gowithbooks before User proceeds to pay for its purchase. In the event the order is not serviceable by Gowithbooks’s logistics service providers or the area is not covered, Gowithbooks will request the User to provide with an alternate shipping address. The User must ensure the payment and shipping address is within India. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and Gowithbooks will have no liability in this regard.
Gowithbooks will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 15 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason Gowithbooks is unable to comply with the delivery date, Gowithbooks will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three [3] attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, Gowithbooks reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to Gowithbooks. The User agrees not to hold Gowithbooks liable for any cancellation.
Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.
Delayed Delivery – Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of Gowithbooks or logistics service provider etc.
If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.
Gowithbooks will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email or SMS at the email address or mobile number provided to Gowithbooks if any product in the order is unavailable or is delayed or lost in transit.
RETURN POLICY
We grant you a period of 07 days of receipt of the product to return the products (except those products mentioned below, for which the right to return / exchange is excluded). In case you return the goods within the said period, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed.
The said period of return will expire after 07 days from the day on which you received the product.
Conditions for Return
a) In the event the User receives any damaged or defective product or if the product is significantly different from what was purchased, the User shall notify us within the aforementioned period of 07 days.
b) Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to you.
c) The return packages should be adequately packaged so that there is no damage of products during transit.
We reserve the right not to accept return of products which (i) we believe are being returned after use, or (ii) are damaged (except where the return is on account of damaged goods having been delivered to you).
Non-returnable Products
All products cannot be returned. The list of products that
cannot be returned are:
Products that have been used or tampered
Products damaged due to misuse of product or products having incidental damages due to malfunctioning
Product sold in sets or combination cannot be returned individually
Your right to return / exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.
RETURN OF DEFECTIVE PRODUCTS
Returns of damaged, defective or other products eligible for return are accepted as under:
In the event you receive a damaged or defective product or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy. You are required to get in touch with the Customer Care Team through any of the below mentioned channels as per the Returns Policy.
Upon receiving your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistics service provider and your refund to be processed upon the receipt and quality check of the returned product. It may take a minimum of 10-15 business days to process your request for return of products. You will receive an email or SMS notification at your email address or mobile number provided to us.
Upon receipt of the returned product by us and successful completion of the quality check, you will receive an email or SMS confirmation at the email address or mobile number provided to us. If a defect or damage is confirmed on the returned products, we will give you a complete refund. The refund will always be paid using the same payment means you used to pay for your purchase.
CANCELLATION OF RETURN REQUEST
A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and you want to cancel the request, you may choose to inform the logistics service provider that you do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to us cancelling your return request.
REFUSAL OF RETURN REQUEST
We reserve the right to refuse or cancel any return request. If the request for returns is not allowed by the Returns Policy, you will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. Our decision regarding the refusal or cancellation shall be final and binding on the parties and you further agree not to hold us liable for any refusal or cancellation.
FRIVOLOUS COMPLAINTS
In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, we reserve the right to take necessary legal actions against you and you will be solely liable for all costs incurred by us in this regard.
RETURN SHIPPING PROCESS
Self-send Process
In case of return of products initiated and subsequent courier of the product by you, if it is found that the returned product was not delivered to us or any other designated location specified or the package was empty, the onus shall be on you to prove through submission of proof of delivery from the concerned courier service provider to establish your claim of return. We are not liable to process the return request until satisfactory proof of delivery is provided to us. In case of damage claims, we may ask for pictures of the damaged product before it is approved or allowed for return.
ORDER CANCELLATION POLICY
Cancellation of an order can be done by us or by you as mentioned herein.
We have the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:
- Your failure to comply with these Conditions or breach of any of the policies / terms referred herein
- Technical errors or issue
- Any reason relating to credit / fraud avoidance
- Invalid address or wrong address is provided by the User in order details
- Malpractices used to place the order
- Bulk order is placed for the likely commercial resale
- Multiple orders are placed for same product at the same address
- Order is undelivered after three (3) attempt
- EMI offer, if any, is rejected by the bank
- Pricing or specifications on any product as is shown on the Website due to any technical glitch, resulting into incorrect pricing or specifications.
Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive a notification through email or SMS at the email address or mobile number provided to us.
We reserve the right to remove any product from gowithbooks.com at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the Website or not processing an order once we have sent you the Order Confirmation.
AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse the amount that you may have paid.
CANCELLATION BY YOU
Prior to the product being shipped for delivery, you may cancel an order for any reason. No cancellation is permitted subsequently. If an order has been successfully cancelled, you will be sent a confirmation email or SMS at the email address or mobile number provided to us. We reserve the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold us liable for any rejection of order cancellations. You will receive a refund for your cancelled orders that have been accepted in accordance with the Refund Policy.
REFUND POLICY
Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy. Given the same, the refunds would be initiated as under:
|
Event |
Details of refund (Subject to the |
|
Cancellation by you prior to the product being shipped for delivery |
you will receive a refund for your cancelled orders that have been accepted |
|
Return of goods within 07 days from order confirmation |
The amount paid by the you for the said product shall be refunded. Delivery charges shall not be refunded |
|
Return of defective goods |
You will receive complete refund including the delivery charges, post the defect or damage is confirmed on the returned products by us. |
TIME PERIOD FOR REFUND – Refunds are normally processed within 10-15 working days after the completion of quality checks of product returned and further depends on various banking and payment channels. Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded. We are not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.
TIME PERIOD FOR REFUND – The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to your source account. Refunds are paid back to the source of payment. A refund initiation confirmation by email or SMS at the email address or mobile number provided to us will be sent to you.
TERMINATED PAYMENT MODE –If the original payment method you used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from your bank, we will send you an email asking you to contact us. Basis the communication with you, the cheque may be issued to the address mentioned by you to proceed with the refund.
You explicitly give your consent to receive communications (by SMS, email or other mode of communication) sent to you by us. However, you may withdraw your consent any time at your sole discretion.
LIABILITY – Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
INTELLECTUAL PROPERTY – The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to Gowithbooks at all times or to those who grant Gowithbooks the license for their use. The User may use said material only to the extent that Gowithbooks or the usage licencers authorise expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS –The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.
LINKS FROM OUR WEBSITE – If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
FORCE MAJEURE – Notwithstanding anything contained in these Conditions or elsewhere, Gowithbooks shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond Gowithbooks’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption or any event which affects the ability of Gowithbooks to fulfil its obligations under these Terms and Conditions.
It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, Gowithbooks Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, Gowithbooks would make all reasonable efforts and endeavour to fulfil its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure.
TERMINATION – Gowithbooks reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Gowithbooks’s service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions). On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. Gowithbooks will terminate the services provided to any User if it is required under any applicable law. Without prejudice, Gowithbooks reserves its right to terminate the services if such provision of services to the users is not economically viable for Gowithbooks. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.
On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by Gowithbooks.
Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Gowithbooks’s service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Gowithbooks shall have the right to take appropriate actions against the User. The User shall also be liable to compensate Gowithbooks for any unauthorized use of the Website.
MISCELLANEOUS
LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.
WAIVING RIGHTS – The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to the User. Any delay or waiver of right or remedy by Gowithbooks under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent Gowithbooks in exercising those rights and remedies subsequently. Any waiver of rights or remedies by Gowithbooks shall be in writing.
ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby.
PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
ASSIGNMENT – Gowithbooks in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.
Gowithbooks including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.
GRIEVANCE, COMMENTS, FEEDBACK AND SUGGESTIONS
The Terms and Conditions, usage of the Website and Privacy Policy of this agreement shall be governed by Indian law and the courts in Kerala shall only have exclusive jurisdiction in the event of any disputes.