LAST REVISION: 1st May, 2017.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Welcome to the takeit2day.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Essenbee Ecom Pvt. Ltd., and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Takeit2day” means Essenbee Ecom Pvt. Ltd., a company incorporated in India under registration number U52609GJ2017TC097133 and having its registered address at 202, Highfield Ascot, Opp. Palm Avenue, VIP road, Vesu, Surat, Gujarat, India. Takeit2day is subsidiary owned by Essenbee Ecom Pvt. Ltd., a company registered in India.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under India copyright laws and international conventions. All rights are reserved.
These Terms and Conditions shall be interpreted and governed by the laws in force in India. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of India to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in India in English and governed by Indian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in India and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Takeit2day for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Takeit2day;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Takeit2day;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which Takeit2day is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Takeit2day” means Essenbee Ecom Pvt. Ltd., a company incorporated in India under registration number U52609GJ2017TC097133 and having its registered address at 202, Highfield Ascot, Opp. Palm Avenue, VIP road, Vesu, Surat, Gujarat, India.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2.1 The supply of Goods by Takeit2day to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Takeit2day’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Takeit2day.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Takeit2day in its website shall be subject to correction without any liability on the part of Takeit2day.
3.1 Order acceptance and completion of the contract between the Buyer and Takeit2day will only be completed upon Takeit2day issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Takeit2day shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Takeit2day shall furthermore be entitled to require the Buyer to furnish Takeit2day with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Takeit2day and on terms that the Buyer shall indemnify Takeit2day in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Takeit2day as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in Takeit2day’s website at the time which the Buyer makes its offer purchase to Takeit2day. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax, custom duties or similar tax which the Buyer shall be liable to pay to Takeit2day in addition to the price.
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Takeit2day’s website. The terms and conditions applicable to each type of payment, as contained in Takeit2day's website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in Takeit2day’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. Takeit2day accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Indian issues card due to Foreign Exchange.
5.2.2 Debit Cards
Takeit2day accepts all Indian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Essenbee Ecom’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Indian Rupees. Takeit2day, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.2.4 Cash On Delivery
Cash on Delivery (Pay cash upon delivery) is available within India against a convenience fee of Rs. 50 per order or as described in order. Takeit2day reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
5.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Takeit2day, Takeit2day shall be entitled to:
5.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.3.2 charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
6.1 Delivery of the Goods shall be made to the shipping address specified by the Buyer in its order.
6.2 Takeit2day has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Takeit2day shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Takeit2day's fault) then without prejudice to any other right or remedy available to Takeit2day, Takeit2day may:
6.4.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.4.2 terminate the Contract and claim damages.
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Takeit2day has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Takeit2day has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Takeit2day to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Takeit2day's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with Takeit2day that the Buyer shall immediately notify Takeit2day of any matter from time to time affecting Takeit2day’s title to the Goods and the Buyer shall provide Takeit2day with any in-formation relating to the Goods as Takeit2day may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Takeit2day shall be entitled at any time to demand the Buyer to deliver up the Goods to Takeit2day and in the event of non-compliance Takeit2day reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Takeit2day but if the Buyer does so all moneys owing by the Buyer to Takeit2day shall (without prejudice to any other right or remedy of Takeit2day) forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.9 The Buyer shall indemnify Takeit2day against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Takeit2day's rights under this condition.
8.1 The site is provided by Takeit2day on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Takeit2day makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Takeit2day shall have no liability for any interruptions in the use of this Website. Takeit2day disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
9.1 Takeit2day shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Takeit2day's obligations if the delay or failure was due to any cause beyond Takeit2day's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Takeit2day's reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Takeit2day or of a third party);
9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 Takeit2day may at its option:-
9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Takeit2day shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
10.1 This condition applies if:
10.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
10.1.3 the Buyer ceases - or threatens to cease - to carry on business; or
10.1.4 Takeit2day reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to Takeit2day, Takeit2day shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Takeit2day, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12.1 You will release, indemnify, defend and hold harmless Takeit2day, Essenbee Ecom Pvt. Ltd., and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
12.1.1 this Agreement or the breach of your warranties, representations and obligations under this Agreement;
12.1.2 the Website content or your use of the Website content;
12.1.3 the Products or your use of the Products (including Trial Products);
12.1.4 any intellectual property or other proprietary right of any person or entity;
12.1.5 your violation of any provision of this Agreement; or
12.1.6 any information or data you supplied to Takeit2day, Essenbee Ecom Pvt. Ltd..
12.2 When Takeit2day, Essenbee Ecom Pvt. Ltd. is threatened with suit or sued by a third party, Takeit2day, Essenbee Ecom Pvt. Ltd. may seek written assurances from you concerning your promise to indemnify Takeit2day, Essenbee Ecom Pvt. Ltd. your failure to provide such assurances may be considered by Takeit2day, Essenbee Ecom Pvt. Ltd. to be a material breach of this Agreement.
12.3 Takeit2day, Essenbee Ecom Pvt. Ltd. will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Takeit2day, Essenbee Ecom Pvt. Ltd. choice at its expense.
12.4 Takeit2day, Essenbee Ecom Pvt. Ltd. will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
12.5 You will have sole responsibility to defend Takeit2day, Essenbee Ecom Pvt. Ltd. against any claim, but you must receive Takeit2day, Essenbee Ecom Pvt. Ltd. prior written consent regarding any related settlement.
12.6 The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
13.1 On or at any time after the occurrence of any of the events in condition 13.2 Takeit2day may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
13.2.1 the Buyer being in breach of an obligation under the Contract;
13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
13.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by Takeit2day of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 Takeit2day may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
14.6 This Website originates from the Surat, Gujarat, INDIA. This Agreement will be governed by the laws of the Republic of India without regard to its conflict of law principles to the contrary. Neither you nor Takeit2day will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Republic of India.
14.7 By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
14.8 By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or coneection with this agreement mush be asserted individually.
14.9 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.10 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed with in Six (6) Month after such claim or cause of action arose or be forever barred.
14.11 This Agreement comprises the entire agreement between you and Takeit2day, Essenbee Ecom Pvt. Ltd. and supersedes any prior agreements pertaining to the subject matter contained herein.
14.12 Takeit2day reserves their right to these terms and conditions of sale at any time.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.