Following are the “terms and conditions” of www.marketbuz.com. Please read carefully before ordering any Goods or Services from this Website.By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
Section 1: Introduction
We are Marketbuz, a brand of M/s Company Name, unless otherwise stated, running our business through https://www.marketbuz.com
Section 2: Definitions
2.3. “you”, “your” and “yours”are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Marketbuz;
2.4. “we”, “us”, “our”, and”Marketbuz” are references to the Company;
2.5. “Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
2.7. “Participating Vendors” is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8. “Product Delivery” is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Vendorss and for both of which our Participating Vendorss take full responsibility; and
2.9. “Website” is a reference to our Website https://www.www.marketbuz.com or our mobile applications on which we offer our Goods or Services.
Section 3: Ordering
3.1. Any contract for the supply of product Delivery from this Website is between you and the Participating Vendors; for the supply ofGoods or Services from this Website any contact is between you and Marketbuz.You agree to take particular care when providing us with your details andwarrant that these details are accurate and complete at the time of ordering.You also warrant that the credit or debit card details that you provide are foryour own credit or debit card and that you have sufficient funds to make thepayment.
3.2. product Delivery, Goods and Services purchased from thisWebsite are intended for your use only and you warrant that any Goods purchasedby you are not for resale and that you are acting as principal only and not asagent for another party when receiving the Services.
3.3. Please note that some of our Goods may be suitable forcertain age ranges only. You should check that the product you are ordering issuitable for the intended recipient.
3.4. When ordering from this Website you may be required toprovide an e-mail address / your mobile phone number and password. You mustensure that you keep the combination of these details secure and do not providethis information to a third party.
3.5. We will take all reasonable care, in so far as it is inour power to do so, to keep the details of your order and payment secure, butin the absence of negligence on your part we cannot be held liable for any lossyou may suffer if a third party procures unauthorized access to any data youprovide when accessing or ordering from the Website.
3.6. Any order that you place with us is subject to productavailability, delivery capacity and acceptance by us and the ParticipatingVendors. When you place your order online, we will send you an email toconfirm that we have received it. This email confirmation will be producedautomatically so that you have confirmation of your order details. You mustinform us immediately if any details are incorrect. The fact that you receivean automatic confirmation does not necessarily mean that either we or theParticipating Vendors will be able to fill your order. Once we have sent theconfirmation email we will check availability and delivery capacity.
3.7. If the ordered product Delivery and delivery capacity isavailable, the Participating Vendors will accept the contract and confirm it to Marketbuz. If the details of the order are correct, the contract for theproduct Delivery, Goods or Services will be confirmed by text message (SMS).
3.8. In the case that Goods offered by Marketbuz wereordered, Marketbuz will confirm availability together with or separately fromproduct Delivery.
3.9. The confirmation message will specify delivery detailsincluding the approximate delivery time specified by the ParticipatingVendors and confirm the price of the product Delivery, Goods and Servicesordered.
3.10. If the product Delivery and/or Goods are not available orif there is no delivery capacity, we will also let you know by text message(SMS) or phone call.
Section 4: Prices and Payment
4.1. Any contract for the supply of product Delivery from thisWebsite is between you and the Participating Vendors; for the supply ofGoods or Services from this Website any contact is between you and Marketbuz.You agree to take particular care when providing us with your details andwarrant that these details are accurate and complete at the time of ordering.You also warrant that the credit or debit card details that you provide are foryour own credit or debit card and that you have sufficient funds to make thepayment.
4.2. All prices listed on the Website are correct at thetime of publication and have been input as received by the Vendors; While we give great care to keep them up todate, the final price charged to you by the Vendors can change at the timeof delivery based on the latest menu and prices of the Vendors. We also reservethe right to alter the Goods or Services available for sale on the Website andto stop listing Vendorss, Goods or Services.
4.3. All prices listed on the Website for product Delivery bythe Participating Vendors reflect the price the Participating Vendorscharges at the time of listing. In case the price listed is not current and theVendors informs us immediately after placing the order, we will put our besteffort to contact you to inform you about the price difference and you canchoose to opt-out of the order at that time.
4.4. All prices for delivery by Marketbuz or a third partyprovider assigned by Marketbuz listed on the Website are correct at the timeof publication, however, we reserve the right to alter these in the future
4.5. The total price for product Delivery, Goods or Servicesordered, including delivery charges and other charges, will be displayed on theWebsite when you place your order. Full payment must be made for all Goodsdespatched and Services provided. Payment has to be made in cash or, ifavailable on the website, by online payment, e.g. credit or debit card.
4.6. If you choose online payment, you must pay for yourorder before it is delivered. To ensure that shopping online is secure, yourdebit/credit card details will be encrypted to prevent the possibility ofsomeone being able to read them as they are sent over the internet. Your creditcard company may also conduct security checks to confirm it is you placing theorder.
4.7. The prices reflected on the website/mobileapplication/email are determined solely by the Participating Vendors and informed to Marketbuz at the time of listing or afterwards. Any change in theprices of menu at the time of placing order is at the sole discretion of theParticipating Vendors.
4.8. All applicable taxes and levies, the rates thereof andthe manner of applicability of such taxes are being charged and determined bythe Participating Vendors and Marketbuz is merely collecting the same onbehalf of such Participating Vendors.
4.9. The entire amount of applicable taxes collected by productMozzo is directly remitted as it is to Participating Vendorss and Marketbuz does not retain any amounts thereof
4.10. Marketbuz is not responsible for validating the legalsanctity of the applicable taxes and the manner of its applicability on behalfof the Participating Vendors. M holds no responsibility for thelegal correctness/validity of the levy of such taxes. The sole responsibilityfor any legal issue arising on the taxes shall reside with the ParticipatingVendors.
4.11. The prices reflected on the website/mobile applicationare determined solely by the Participating Vendors and informed to productMozzo at the time of listing. Any change in the prices of menu at the time ofplacing order is at the sole discretion of the Participating Vendors.
4.12. The transaction of sale of product or product items isbetween Participating Vendors and the customer, and accordingly, Marketbuz is not liable to charge or deposit any taxes applicable on such transaction
4.13. The final & actual tax invoice will be issued by the Participating Vendors and delivered to the customer along with the order
Section 5: Delivery
5.1. Delivery periods quoted at the time of ordering areapproximate only and may vary. Goods will be delivered to the addressdesignated by you at the time of ordering.
5.2. If delivery is done by the Participating Vendors, itis the Participating Vendorss sole responsibility to provide product Deliveryin a timely manner.
5.3. In the case delivery is done by Marketbuz, we willgive great care to deliver in a timely manner. No responsibility is taken forlate delivery by Marketbuz in either case.
5.4. In case of a late delivery, the delivery charge willneither be voided nor refunded by marketbuz.
5.5. All risk in the Goods and the product Delivery shall passto you upon delivery.
5.6. If you fail to accept delivery of product Delivery and/orGoods at the time they are ready for delivery, or we are unable to deliver atthe nominated time due to your failure to provide appropriate instructions, orauthorizations, then such goods shall be deemed to have been delivered to youand all risk and responsibility in relation to such goods shall pass to you.Any storage, insurance and other costs which we incur as a result of theinability to deliver shall be your responsibility and you shall indemnify us infull for such cost.
5.7. You must ensure that at the time of delivery of productDelivery and/or Goods adequate arrangements, including access where necessary,are in place for the safe delivery of such goods. We cannot be held liable forany damage, cost or expense incurred to such goods or premises where thisarises as a result of a failure to provide adequate access or arrangements fordelivery.
5.8. Participating Vendorss, who will prepare your order,aim
5.8.1. to deliver the product to you at the place ofdelivery requested by you in your order;
5.8.2. to deliver within the time confirmed by theVendors;
5.8.3. to inform you if they expect that they are unable tomeet the estimated delivery time.
5.9. Participating Vendorss and we shall not be liable toyou for any losses, liabilities, costs, damages, charges or expenses arisingout of late delivery;
5.10. Please note that it might not be possible for Participating Vendorss to deliver to some locations. If this is the case,our Participating Vendorss or we will inform you using the contact detailsthat you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
Section 6: Cancellation
6.1. You must notify the participating Vendors immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Vendors accepts your cancellation, no cancellation fee applies. If the Vendors refuses cancellation, e.g. because preparation of product Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order,which has been already dispatched.
6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
6.3. If the cancellation was made in time and once the Vendors has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
6.4. In the unlikely event that the Participating Vendors delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Vendors can only do a partial delivery (a few items might be not available),its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Vendors.
Section 7: Information
7.1. Where we have requested information from you to provideproduct Delivery, Goods or Services you agree to provide us with accurate andcomplete information.
7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Section 8: Linked Sites
There may be a number of links on our Website to third party Websites which we believe may be of interest to you.We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
Section 9: Complaints
We take complaints very seriously and aim to respond to your complaints within 2 business days.
Section 10: Limitation of Liability
10.1. Great care has been taken to ensure that theinformation available on this Website is correct and error free. We apologizefor any errors or omissions that may have occurred. We cannot warrant that useof the Website will be error free or fit for purpose, timely, that defects willbe corrected, or that the site or the server that makes it available are freeof viruses or bugs or represents the full functionality, accuracy, reliabilityof the Website and we do not make any warranty whatsoever, whether express orimplied, relating to fitness for purpose, or accuracy.
10.3. We disclaim any and all liability to you for thesupply of the product Delivery, Goods and Services to the fullest extentpermissible under applicable law. This does not affect your statutory rights asa consumer. If we are found liable for any loss or damage to you such liabilityis limited to the amount you have paid for the relevant Goods or Services. Wecannot accept any liability for any loss, damage or expense, including anydirect or indirect loss such as loss of profits to you, howsoever arising. Thislimitation of liability does not apply to personal injury or death arising as adirect result of our negligence.
10.4. We do not accept any liability for any delays,failures, errors or omissions or loss of transmitted information, viruses orother contamination or destructive properties transmitted to you or yourcomputer system via our Website.
10.5. We shall not be held liable for any failure or delayin performing Services or delivering Goods where such failure arises as aresult of any act or omission, which is outside our reasonable control such asall overwhelming and unpreventable events caused directly and exclusively byforces of nature that can be neither anticipated, nor controlled, nor preventedby the exercise of prudence, diligence, and care, including but not limited to:war, riot, civil commotion; compliance with any law or governmental order,rule, regulation or direction and acts of third parties.
10.6. If we have contracted to provide identical or similarorder to more than one Customer and are prevented from fully meeting ourobligations to you by reason of an Event of Force Majeure, we may decide at ourabsolute discretion which orders we will fill and to what extent.
10.7. The products sold by us are provided for privatedomestic and consumer use only. Accordingly, we do not accept liability for anyindirect loss, consequential loss, loss of data, loss of income or profit, lossof damage to property and/or loss from claims of third parties arising out ofthe use of the Website or for any products or services purchased from us.
10.8. We have taken all reasonable steps to prevent Internetfraud and ensure any data collected from you is stored as securely and safelyas possible. However, we cannot be held liable in the extremely unlikely eventof a breach in our secure computer servers or those of third parties.
10.9. In the event marketbuz has a reasonable belief thatthere exists an abuse of vouchers and/or discount codes or in suspectedinstances of fraud, marketbuz may cause the shopper (or customer) to beblocked immediately and reserves the right to refuse future service.Additionally, should there exist an abuse of vouchers or discount codes, productMozzo reserves the right to seek compensation from any and all violators.
10.10. Offers are subject to marketbuz’s discretion and maybe withdrawn at any time and without notice.
Section 11: General
11.1. All prices are in Indian Rupees. GST is included whereindicated
11.2. We may subcontract any part or parts of the Servicesor Goods that we provide to you from time to time and we may assign or novateany part or parts of our rights under these Terms and Conditions without yourconsent or any requirement to notify you.
11.3. We may alter or vary the Terms and Conditions at anytime without notice to you.
11.4. Payment must be made either at the time of ordering the product Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
11.5. Do not use or launch any automated system or programin connection with our website or its online ordering functionality;
11.6. Do not collect or harvest any personally identifiableinformation from the website, use communication systems provided by the websitefor any commercial solicitation purposes, solicit for any reason whatsoever anyusers of the website with respect to their submissions to the website, orpublish or distribute any vouchers or codes in connection with the website, orscrape or hack the website.
11.7. The Terms and Conditions together with the PrivacyPolicy, any order form and payment instructions constitute the entire agreementbetween you and us. No other terms whether expressed or implied shall form partof this Agreement. In the event of any conflict between these Terms andConditions and any other term or provision on the Website, these Terms andConditions shall prevail.
11.8. If any term or condition of our Agreement shall bedeemed invalid, illegal or unenforceable, the parties hereby agree that suchterm or condition shall be deemed to be deleted and the remainder of theAgreement shall continue in force without such term or condition.
11.9. These Terms and Conditions and our Agreement shall begoverned by and construed in accordance with the laws of India. The partieshereto submit to the exclusive jurisdiction of the courts of India.
11.10. No delay or failure on our part to enforce our rightsor remedies under the Agreement shall constitute a waiver on our part of suchrights or remedies unless such waiver is confirmed in writing.
11.11. Customers placing order with marketbuz are liable ofreceiving promotional SMS, irrespective of their number being registered underNDNC. If customer wish to not receive promotional SMS, they may contact us [email protected]
11.12. These Terms and Conditions and a contract (and allnon-contractual obligations arising out of or connected to them) shall begoverned and construed in accordance with India Laws. Both we and you herebysubmit to the non-exclusive jurisdiction of the India Courts. All dealings,correspondence and contacts between us shall be made or conducted in theEnglish language.
11.13. The voucher calculation is subject to marketbuz’sdiscretion and may be altered at any time and without notice. The voucher candiscount any/all of the components including product cost, taxes and fees andlikewise.
11.14. Any Service Fee/Delivery Fee charged by marketbuz is subject to prevailing GST Rates.
11.15. Rates under the GST regime has recently beennotified. The Vendorss are currently examining the taxability of their supplies.marketbuz.com hence, does not bear any responsibility on the taxes charged by theVendors in the interim period.