This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.buyinstrument.shop] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
Introduction
The Platform is owned by Aavad Instrument Pvt. Ltd. a company incorporated under the Companies Act, 2009 with its registered office at 216-217 Sangath Mall – 1 Opp, Vishwakarma Engineering Collage
Sabarmati – Gandhinagar Road, Motera Ahmedabad – 380005.
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Aavad Instrument Pvt. Ltd. and these terms and conditions including the policies constitute your binding obligations, with buy instrument.
| Name | Value |
| Content | Any information, materials, documents, text, images, video clips, directories, files, databases, listings, services, Software and/or mechanisms provided, produced, hosted by, linked to or accessed through the use and/or provision of Sourcing |
| Information | Information, data, content, analysis, news, reports, programs, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible |
| Personal data | Personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information. |
| Services | Services include Sourcing, Trade Fairs, Business Stat-Online, Online Application, Online Marketplace, and such other services as may be offered from time to time on the Website |
| Terms of Use | The terms of use set forth below as amended from time to time |
| Third Party Provider | Any provider of Information, Products or services (including third party payment processors) on the Website other than Buy Instrument |
| users”, “you” or “your | Any person who accesses the Website |
Registration And Privacy
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by buy instrument registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or buy instrument has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, buy instrument has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. (c) If you are an individual, you must be 18 years or older to use the buy instrument service and by registering, you represent that you are 18 years or older. We may require at any time that you provide evidence of your age.
All buy instrument registrations become the exclusive property of Aavad Instrument Pvt. Ltd. Aavad Instrument Pvt. Ltd. reserves the right to use and reuse all registration and other personally identifiable user information. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in buy instrument sites.
If you use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Use of Platform
Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, buy instrument acceptance of you offer and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.
- You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. Buy instrument accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products, is subject to the Fees
- All information in relation to third parties, including sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. Buy instrument is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third Party Information at the your own risk.
- The actual contract for sale is directly between the seller and you. Buy instrument provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to You to follow it or not, buy instrument has no control over
- the existence, quality, safety or legality of items displayed
- the accuracy of third party content or listings including that of registered Sellers
- the ability of sellers to sell items
- the ability of buyers to pay for items. Buy instrument does not, at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by the seller. Nor does buy instrument, at any point, assert any rights or claims over the goods offered by the seller to the buyer, In using the online market place service, You explicitly agree and acknowledge that.
- As per the Consumer Protection (e-commerce) Rules, 2020, Any seller offering goods or services through a marketplace e-commerce entity shall:
- have a prior written contract with the respective e-commerce entity in order to undertake or solicit such sale or offer
- appoint a grievance officer for consumer grievance redressal and ensure that the grievance officer acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within 7 days from the date of receipt of the complaint
- ensure that the advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services
- provide to the e-commerce entity its legal name, principal geographic address of its headquarters and all branches, the name and details of its website, its e-mail address, customer care contact details such as fax, landline, and mobile numbers and where applicable, its GSTIN and PAN details. Buy instrument should seek to obtain the above information from the sellers on its platform as part of compliance with the Consumer Protection (e-commerce) Rules, 2020. We have reflected this as a markup change as this is not required to be reflected in this policy. However, buy instrument should obtain this information from the sellers as part of its seller onboarding process. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the sellers, buy instrument is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products and buyers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or the sellers) before purchasing such products or availing such services. Buy instrument may offer delivery services through its logistics/courier partners for some of the products on the Platform as per Industry Buying’s T&Cs, which may be changed by buy instrument without any notice to you.
- As per the Consumer Protection (e-commerce) Rules, 2020, every marketplace e-commerce entity shall include in its terms and conditions generally governing its relationship with sellers on its platform, a description of any differentiated treatment which it gives or might give between goods or services or sellers of the same category. Buy instrument to confirm if there is any differentiated treatment being provided to the sellers. We have reflected this as a markup change as this is not required to be reflected in this policy. This is to be kept in mind by buy instrument as part of its compliance process. You understand that any issue or disputes regarding the warranty, guarantee, quality and service will be addressed either by the seller and you agree to handle such issues and disputes directly between you and the seller. All the products are governed by the terms of warranties provided by the respective sellers. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details. You acknowledge that buy instrument gives no warranty/guarantee, either express or implied, ‘regarding the product bought by you or for the use or availability of the online marketplace service. Buyers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or sellers) before purchasing such products or availing of such services.
- As per the Consumer Protection (e-commerce) Rules, 2020, every marketplace e-commerce entity shall require sellers through an undertaking to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service. Buy instrument should commence taking such undertakings from the sellers on its platform as part of compliance with the Consumer Protection (e-commerce) Rules, 2020. We have reflected this as a markup change as this is not required to be reflected in this policy. This is to be kept in mind by buy instrument as part of its compliance process/ seller onboarding process. Buy instrument does not either directly or indirectly influence the price of the products offered by the sellers. Buy instrument is not liable for any manufacturing defect, faulty and after sales service for any of the products purchased on the Platform. Buy instrument is not linked with any warranty, guarantee, post-sale claims, and genuineness of products or brands. As it is just a platform that facilitates sales for its sellers. Buy instrument will make best efforts to assist buyers in trying issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of the wrong product.
- The Platform makes available general third party information such as, product catalogues. Lists of authorized dealers, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content-) the provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from reliable sources. Buy instrument does not provide any guarantee with respect to any of the Third Party Content and buy instrument shall not be held liable for any loss suffered by you based on your on or use of such Third Party Content.
f you may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy.
Protection of Intellectual Property Rights
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- Visitors acknowledge that this Website was prepared by the Publisher and/or other relevant members of Aavad Instrument Pvt. Ltd. through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.
- Visitors agree to protect all rights and interests (including without limitation Intellectual Property Rights) of the Publisher and/or other relevant members of the Aavad Instrument Pvt. Ltd. (or the Third Party Licensors, as the case may be) in or to this Website and the Aavad Instrument Pvt. Ltd. (or the Third Party Content, as the case may be).
- In addition, Visitors shall honour and comply with reasonable written requests made by the Publisher and/or other relevant members of the Aavad Instrument Pvt. Ltd. (or, as the case may be, the Third Party Licensors) in connection with the protection, enforcement or exercise of Publisher’s and/or other relevant members of the Aavad Instrument Pvt. Ltd. (or, as the case may be, the Third Party Licensors’) contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this Website and the Aavad Instrument Pvt. Ltd. (or the Third Party Content, as the case may
- Listing of counterfeits, non-licensed replicas or unauthorized products is strictly prohibited on the site. Further, no products can be advertised on the site without explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not buy instrument/its users.
- The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site has posted only products and services on which they have complete authorization/ownership/dealership/selling rights. As an Intermediary, our role is limited and in case you have any concerns related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates/endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.
- Buy instrument is the sole owner and the lawful licensee of all the rights to the Web Site and its content (“Web Site Content”). Web Site Content means the design, layout, text, images, graphics, sound, video, etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in buy instrument, its affiliates or licensor’s of the Web Site content, as the case may be.
- All rights, not otherwise claimed under this Agreement by buy instrument, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site (“Website Information”) is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Buy instrument does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
- For any content and or link uploaded to the Website by the User from YouTube, the User agrees to abide and accepts, the terms of service of YouTube, available at https://www.youtube.com/t/terms.
- The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall buy instrument be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to buy instrument Services. User(s) hereby acknowledge that any buy instrument upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. Buy instrument respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. Buy instrument reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
Selling
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfillment of sales.
The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Buy instrument reserves the right to delete such multiple listings of the same product listed by you in various categories.
Payment Services
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by you and between “Bank/s”, or
Any payment issues arising out of the transaction, or
The decline of transactions for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Prices and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render buy instrument liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Buy Instrument Platform.
You have specifically authorized buy instrument or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with buy instrument is on a principal to principal basis and by accepting these Terms of Use you agree that buy instrument is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on buy instrument Platform that are paid for by using the Payment Facility. Buy instrument does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by buy instrument is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the buy instrument Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, buy instrument is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Buy Instrument Platform features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make you ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash on Delivery transactions, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by you.
For Cash on Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refunds shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronic payments, refunds shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to buy instrument in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
Buy instrument reserves the right to impose limits on the number of Transactions or Transaction Price which buy instrument may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure 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 or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Buy instrument reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with buy instrument or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Buy instrument may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of buy instrument. As a result of such check if buy instrument is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, buy instrument shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of buy instrument.
Buy instrument may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if buy instrument deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, buy instrument may hold Transaction Price and buy instrument may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that buy instrument will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of buy instrument.
Cancellation
The right to cancel any order for any reason is reserved with buy instrument/seller of the goods. Possible reasons for cancellation include, but are not limited to the following-
Potentially fraudulent order – Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, your order may be cancelled.
Incorrect Pricing – Due to the volatile market for the collectible product, there may be major fluctuations in price at times. Therefore, the seller reserves the right to remove any item from any order and provide a full refund to the customer for that item.
Non-Payment of Non-COD -orders – If payment is not received within a reasonable amount of time after the order has been placed. Your order may get cancelled without notice
Non availability of the product – If the order is not serviceable by the seller due to non-availability of the product.
Non-serviceable address – If your pin code is not serviced by any of the courier partners, your order will be cancelled.
Long gestation time – If the procurement is taking longer than 30 working days and you are not willing to wait further, your order will be cancelled.
Return Policy
Return is a scheme provided by respective sellers directly in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to you. All products listed under a particular category may not have the same returns policy. All returns are further subject to the terms, conditions and policies of our payment service providers. Please contact our office to discuss any return requests.
Force Majeure
- There can be exceptional circumstances where Buy Instrument may be unable to honor the confirmed products due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, etc. or any other reason beyond the control of Buy Instrument. If Buy Instrument has advanced knowledge of any such situations where dishonor of transaction may happen, it will make its best efforts to provide similar alternative to the User or refund the amount after deducting applicable service charges, if supported and refunded by that respective service provider. The User agrees that Buy Instrument being merely a facilitator of the services and products, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds
- The User agrees that in the event of non-confirmation of products due to any technical reasons (like network downtime, disconnection with third-party platforms such as payment gateways, banks, etc.) or any other similar failures, Buy Instrument obligation shall be limited to refunding the paid amount, if any, received from the customer. Such refund shall completely discharge Buy Instrument from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
Indemnification
You agree to indemnify, defend and hold harmless Buy Instrument, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of buy instrument or any third-party. Buy instrument will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide buy instrument with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
Alerts
By accepting these T&Cs, you accept that buy instrument may send the alerts to the mobile phone number/ email address provided by you at the time of registering at the Platform or to any such number/e-mail address replaced and it by you subsequently.
Consent
Content on the Platform is displayed on “AS IS” basis, in the form received from the Sellers. While buy instrument tries to offer reliable data, buy instrument cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in within the catalogues or create any derivative works based on catalogue content.
Shipping orders outside India
Our Platform presently does not entertain orders requiring international shipping. If you are an international customer please email us your requirement at hrg@aavadinstrument.com. We shall coordinate with the requisite sellers to determine whether your order can be fulfilled or not.
Contact Us
If you have any questions on how to return your item to us, contact us.