Terms of Purchase

1. 1. Introduction

This website www.rushbuy.in (“Site”) is maintained, managed, and updated by Kridha Inc. (“Kridha”). These Terms of Purchase shall govern the sale of products on this Site to you, by Rush Buy (“Rush Buy”) which acts as the sole distributor (organizer) of Promotional / Sponsored products listed on the Site. By ordering the products listed on this Site, you agree to be legally bound by these Terms of Purchase.

 In these Terms of Purchase:

1. 1. “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;

1. 1. “Acknowledgement” means Rush Buy’s acknowledgement of your Order by email;

1. 1. “Confirmation of Order” means Rush Buy’s email to you, in which Rush Buy accepts your Order in accordance with clause 3.5 below;

1. 1. “Contract” means contract for purchase of a Product or Products in accordance with these Terms of Purchase which is formed when Rush Buy accepts your Order in accordance with clause 3.5 below;

1. 1. “Customer” means individual who places an Order on the Site;

1. 1. Order” means the order submitted by you to the Site to purchase a Product from Rush Buy;

1. 1. “Product(s)” means one or more of the products listed for sale on the Site;

1. 1. “you” means the Customer who places an Order;

1. 1. Headings are for ease of reference only and shall not affect the interpretation or construction   of the Terms of Purchase;

1. 1. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

1. 1. References to “includes” or “including” or like words or expressions shall mean without limitation.

• • Effect 

1. 1. You have to be 18 years of age and above to place an Order.

1. 1. These Terms of Purchase shall apply to all Orders and Contracts made or to be made by Rush Buy for the sale and supply of Products. When you submit an Order to Rush Buy, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms of Purchase.

1. 1. These Terms of Purchase shall prevail over any separate term(s) put forward by you. Any condition(s) that you submit propose or stipulate in whatever form and at whatever time, whether in writing or by email or orally or through conduct are expressly waived and excluded.

1. 1. No other term(s) or change(s) to the Terms of Purchase shall be binding unless agreed in writing and signed by both Rush Buy and Kridha Inc.

1. 1. How a Contract Is Formed 

1. 1. When making an Order, you must register for an Account on the Site in accordance with the Terms of Use and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.

1. 1. When you submit an Order to the Site, you agree that you do so in accordance with these Terms of Purchase as displayed on the Site on the date you submit your Order. Once an Order is placed or submitted, you are deemed to have understood and accepted all the terms of purchase and Rush Buy takes no responsibility or liability for your default or failure to read, understand or review the latest Terms of Purchase each time you submit your Order.

1. 1. Your Order remains valid as an offer until Rush Buy issues Confirmation of Order or until Rush Buy receives your written notice, revoking/ cancelling your Order, whichever is earlier.

1. 1. Rush Buy shall not be obliged to supply the Product to you until Rush Buy has accepted your Order through issuance of a Confirmation of Order. An email, letter, fax or other Acknowledgement of your Order by Rush Buy is purely for information purposes and does not constitute the Confirmation of Order, unless it expressly states acceptance of your Order. In that Acknowledgement, Rush Buy may give you an Order reference number and details of the Product you have ordered. Rush Buy may in its discretion refuse to accept an Order from you for any reason, including unavailability of supplies or Rush Buy may offer you an alternative Product (in which case you may be required to re-submit your Order first).

1. 1. A Contract shall be formed and Rush Buy shall be legally bound to supply the Product to you when Rush Buy accepts your Order by issuance a written Confirmation of Order. Acceptance shall take place only when the Product is dispatched to you and Rush Buy expressly accepts your Order by email to you, in the form of a document called a “Confirmation of Order” stating that Rush Buy is accepting your Order.

1. 1. If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact info@rushbuy.in immediately prior to issuance of Confirmation of Order. However, Rush Buy cannot guarantee that it will be able to amend your Order in accordance with your instructions/requirements.

1. 1. Rush Buy shall endeavor to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Rush Buy as part of its acceptance procedure. If the price for the Order changes before Rush Buy accepts your Order, Rush Buy will contact you and ask you to confirm whether you wish to proceed at the amended price.

1. 1. A Contract will relate only to the Product(s) whose dispatch Rush Buy has confirmed in the Confirmation of Order. Rush Buy will not be obliged to supply any other Product(s) which may have been part of your Order, but not confirmed by Rush Buy in the Confirmation of Order.

1. 1. Rush Buy may send an invoice to you at any time after issuance of Confirmation of Order.

1. 1. You and Rush Buy acknowledge that Kridha Inc. will not be liable for any damages, interests or claims etc., resulting from delay or failure or default in processing a transaction/transaction price or any issue relating to any aspect of the Product(s) transacted.

1. 1. You acknowledge that your Contract is with Rush Buy and you confirm that the Product(s) ordered and purchased by you are not for re-sale.

1. 1. You must only submit to Rush Buy information which is clear, accurate and not misleading and you must keep it up-to-date and inform Rush Buy of any change(s) prior to issuance of Confirmation of Order.

1. 1. Payment

1. 1. Once you select a Product that you wish to Order, irrespective of any previous price you have seen or heard, you will be shown on the Site the charges you must pay including taxes, if applicable, and any applicable delivery charges. Subject to clause 5.7 below, this is the total amount payable by you for receipt of the ordered Product.

1. 1. Unless otherwise stipulated on the Site, all charges are in the currency then in force in India.

1. 1. The option of placing or submitting Order through the Site against cash-on-delivery shall also be available to you and Rush Buy will deliver the Product(s) to you only after full payment of the Order value at the time of delivery, failing which the subject Confirmation of Order shall be deemed to be cancelled/revoked without any consequence or liability (legal or otherwise) for Rush Buy or Kridha Inc.. For Cash-on-Delivery Order, Rush Buy’s delivery obligation is subject to confirmation of identity and delivery address of the Customer.  

1. 1. You undertake that all details you provide to Rush Buy for the purpose of purchasing the Product from Rush Buy will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. Rush Buy reserves the right to obtain validation of your payment details before providing you with the Product.

1. 1. Kridha Inc. reserves the right to impose limits on the number of Orders or Order price from on an individual valid credit/ debit/ cash card / bank account or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Orders exceeding such limit.

1. 1. Kridha Inc. reserves the right to refuse to process Orders by Customers with a prior history of questionable charges including without limitation, breach of any prior Contract(s) or breach/ violation of any law or any charges imposed by issuing bank or breach of the Terms of Use or any other policy of Kridha Inc.

1. 1. If Customer(s) conduct high transaction volumes (in terms of both the number of Products ordered within a single Order as well as the placing of several Orders for the same Product(s)) or Kridha Inc. / Rush Buy deem it to be a suspicious transaction, the Order price may be remitted to law enforcement officials at the request of law enforcement officials or in the event the Customer is engaged in any form of illegal activity.

1. 1. Delivery 

1. 1. Rush Buy aims to deliver the Product to you at the place of delivery requested by you in your Order.

1. 1. Rush Buy aims to deliver within the time indicated by Rush Buy at the time of your Order (and updated in the Confirmation of Order) but Rush Buy cannot promise an exact date when you submit your Order or at the Confirmation of Order. Rush Buy always aims to deliver within the stipulated time frame of any Order, which Rush Buy accepts. The timelines indicated are tentative in nature and Rush Buy cannot guarantee any firm delivery dates.

1. 1. Rush Buy shall aim to let you know if it is unable to meet the estimated delivery date, but, to the extent permitted by law, Rush Buy shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

1. 1. On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with Rush Buy about it. Signing on the delivery document and/or taking delivery of the Product(s) shall be deemed to be your unconditional acceptance of the Product(s) and Rush Buy’s obligation qua the Product(s) under the Contract shall stand discharged.

1. 1. Please note that it might not be possible for Rush Buy to deliver to some locations. If this is the case, Rush Buy will inform you using the contact details that you provide to Rush Buy when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

1. 1. All risks in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Rush Buy will not be liable for loss or destruction of the Product.

1. 1. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of the first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then Rush Buy may (without affecting any other right or remedy available to it) do either or both of the following: (a) charge you for reasonable storage fee and other costs reasonably incurred by Rush Buy; and/ or (b) no longer make the Product available for delivery or collection and notify you that Rush Buy is immediately cancelling the applicable Contract, in which case Rush Buy will refund to you any money already paid to Rush Buy under the applicable Contract, less reasonable administration charges (including for attempting to deliver and then returning the Product).

1. 1. Cancellation and Refund

1. 1. Until the time Rush Buy accepts your Order through issuance of Confirmation of Order, Rush Buy reserves the right to refuse to process your Order and you reserve the right to cancel your Order. If Rush Buy or you have cancelled your Order before acceptance by Rush Buy, then Rush Buy will promptly refund payment already made by you for the order of the Product.

1. 1. Rush Buy may cancel a Contract if the Product is not available for any reason, in which case, Rush Buy will notify you and return any payment that you have made.

1. 1. Rush Buy will usually refund any money received from you using the same method originally used by you to pay for the Product. Except for Orders paid for in cash or through cheque, refund, if any, shall be made to the same issuing bank from where Order Price was received. For Orders paid through cash or cheque, refunds, if any, will be made via demand draft in favor of the Customer.

1. 1. Product 

1. 1. The Product is intended to be used strictly in accordance with the manufacturer’s latest published/printed instructions.

1. 1. Before delivery, Rush Buy may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable, by providing prior notification to you.

1. 1. Rush Buy shall endeavor to deliver Products in excellent condition. However, if you inform Rush Buy that the Product is faulty, you shall be responsible to keep the Product in its current condition and make the same available to Rush Buy to inspect within a reasonable time.

1. 1. In order to provide you with any remedies for a faulty Product, Rush Buy may need your assistance and prompt pro Rush Buy of certain information regarding the Product, including: (a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and, (b) you providing Rush Buy with the delivery note number and such other information as Rush Buy may reasonably require. Any such notice for a faulty Product must be sent to Rush Buy within 48 hours from the time of receipt of the Products by you.

1. 1. If you would like Rush Buy to repair, replace or return and provide a refund for the Product but it is found that the Product has: (a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or (b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or (c) been dealt with or used contrary to the manufacturer’s instructions for the Product; or (d) deteriorated through normal wear and tear, after delivery, Rush Buy may at its discretion decide not to repair, replace or refund you for the Product and/or may require you to pay all reasonable carriage costs and servicing costs at Rush Buy’s current standard fees and costs and, to the extent permitted by law, Rush Buy shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

1. 1. Replacement 

1. 1. Rush Buy offers ten (10) days replacement guarantee for all Products sold on the Site. In case the Product is found defective upon opening, guidelines specified by the brand (manufacturer) will apply. Should you come across any issue with such Products, you are advised to contact Customer Service Team within 48 hours, failing which Rush Buy may decide not take a request for replacement.

1. 1. Subject to you not having dealt with the Product(s) in the manner contemplated in Clause 7.5 above, Rush Buy will try to replace the specific Product ordered. The defective Product(s) should be returned to Rush Buy in original condition including all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the Product(s) delivered.

1. 1. However, Rush Buy reserves the right to offer an alternative Product(s) in case the Product is no longer in stock or out of production. In case you do not accept the alternative Product(s), Rush Buy will refund the money received from you for the said Product in the manner contemplated in Clause 6.3 above

1. 1. Kridha Inc. and Rush Buy reserve the right to initiate civil and/or criminal proceedings against a Customer who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Kridha Inc. may at its sole discretion suspend, block, restrict, cancel the Account of such Customer.

1. 1. Returns 

Rush Buy will accept return of the Products, provided such return is for Products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the following conditions: 

1. 1. Rush Buy is informed about the discrepancies within 48 hours from the time of receipt of the Product. In case of physical damage of a Product, Rush Buy would require a photo to be emailed to info@rushbuy.in mentioning your order number at the latest within 48 hours of you receiving the Products.

1. 1. The Product(s) have not been dealt in the manner contemplated in Clause 7.5 above

1. 1. The Product(s) is/ are returned to Rush Buy in original condition including all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the Product(s) delivered.

1. 1. In the event, Rush Buy accepts return of a Product, it will refund the money received from you for the said Product in the manner contemplated in Clause 6.3 above.

1. 1. Limitation of Liability

Neither Rush Buy nor Kridha Inc. shall be liable to you for any loss of profit or revenues, loss of opportunity cost, loss of goodwill or reputation, loss of data or information, loss of interest, downtime loss, cost of interrupted operation of the network, anticipated saving, special damages be it foreseeable or otherwise, and/or any indirect or consequential losses whatsoever.

To the extent permitted by law, Rush Buy’s total liability to you, whether in contract, tort (including but not limited to negligence), product liability or otherwise, arising in connection with the purchase of the Product(s) through this Site, shall not exceed ten percent (10%) of the price of Order(s) received from you by Rush Buy, in respect of such Product(s).

1. 1. Intellectual Property

You acknowledge and agree that all intellectual property rights in the Product (including all background and foreground source codes, copyrights, patents, trademarks) shall remain with Kridha Inc. You also acknowledge that the validity and ownership in Kridha Inc.’s intellectual property rights in the Product, documentation and materials shall remain the exclusive property of Kridha Inc. You undertake not to procure, cause the registration or attempt to register Kridha Inc.’s intellectual property rights in your own name and also not to claim any rights or interests whatsoever under Kridha Inc.’s intellectual property rights within or outside India.

1. 1. Force Majeure

Rush Buy shall not be liable for any delay or failure to perform any of its obligations pursuant to these Terms of Purchase and/ or any Contract, wholly or partially, directly or indirectly, if such delay or failure is due to a Force Majeure Event. For the purpose of this Terms of Purchase, Force Majeure Event refers to an impediment beyond Rush Buy’s control which was not foreseeable at the time of the conclusion of any Contract pursuant to these Terms of Purchase, and Rush Buy could not have reasonably avoided or overcome it or at least its effects. Force Majeure however shall not include Rush Buy’s lack of authorization, license or approval necessary for the performance of this Contract.

1. 1. General

1. 1. No Waiver: No failure or delay by Rush Buy or you in exercising any right under these Terms of Purchase or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Rush Buy or your rights under these Terms of Purchase or a Contract.

1. 1. Severability: If any clause in these Terms of Purchase or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Purchase or that Contract shall be capable of continuing in effect without the unenforceable term.

1. 1. No third party benefits: No person who is not a party to these Terms of Purchase or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Purchase or that Contract, its assent to any such term.

1. 1. Governing Law and Dispute Resolution: These Terms of Purchase and any Contract entered pursuant hereto shall be governed and construed in accordance with the Laws of India. Any claims or dispute arising from these Terms of Purchase shall be submitted to the exclusive jurisdiction of the Courts in Delhi.

1. 1. Compliance with laws: You and Rush Buy shall comply with all laws applicable to them respectively for using the payment facility and the Site.

1. 1. Amendment

Rush Buy reserves the right to amend these Terms of Purchase at any time. All amendments to these Terms of Purchase will be posted on the Site. Your continued use of the Site will be deemed to constitute acceptance of the new Terms of Purchase.