Terms of Services of Purchaser.com.pk
The terms set out below (Terms) (together with the Purchaser.com.pk Privacy Policy and the Purchaser.com.pk Terms of Website Use on behalf of TRADEKUL (PVT.) LTD. tells you information about us and the basis on which you may make use of the Purchaser.com.pk website, Purchaser.com.pk.com (the Site) to browse the Site and/or buy any of the products (Products) listed on the Site.
The Site is a marketplace for independent third-party Vendors (each a Vendor with their own shop ("Vendor Shop")) to sell Products to you.
Please note that although Purchaser.com.pk provides the marketplace to help facilitate transactions, which are carried out through the Site, Purchaser.com.pk is neither a buyer nor a Vendor of the Products. Therefore, we recommend that before placing an order you make sure that you are happy with the Terms and the Vendor you are dealing with as we cannot give any guarantee or warranty as to the Products supplied by the Vendor.
Should you proceed to purchase a Product through the Site the contract is formed solely between you and the Vendor (Contract). Purchaser.com.pk is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it nor is Purchaser.com.pk acting as the Vendor's agent. Therefore, the Terms set out below apply to the Contract between you and the Vendor and references in the Terms to "we", "us" and "our" shall relate to the Vendor.
A Contract will comprise of these Terms (and any other documents referred to therein), and the information on the Vendor Shop page.
The Terms (and the documents referred to in them) may be updated from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms will apply to any Contract between you and the Vendor for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site. Please note that before placing an order you will be asked to agree to these Terms by checking the tick box before submitting your order. If you refuse to accept these Terms, you will not be able to order any Products from the Site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms, and any Contract between you and the Vendor, are only in the English language.
Information on each Vendor including the company name, company number, registered office and, where applicable, the trading address and VAT number are available on the Vendor Shop page.
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements, specification, functional use, operation features, indicated on the Site have a slight disparity. As we are only market place where all suppliers/ suppliers’ principals have rights to change specification without prior notice, therefore if you face any difficulty, it will directly go to vendor/suppliers or its principal,
2.3 The packaging of the Products may vary from that shown on images on the Site.
2.4 All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will process a refund of the full amount to your payment card as soon as practicably possible.
3.1 Your use of the Site is governed by Purchaser.com.pk Terms of Website Use. Please take the time to read this document as it includes important terms which apply to you.
3.2 In particular, you agree:
3.2.1 To post or publish feedback on Vendors or Products which is honest, fair and factual; and
3.2.2 To refrain from posting or publishing any content or materials which are libelous, slanderous, offensive, incorrect, misleading or inaccurate in any way
3.3 Due to the volume of Vendor and Products on the Site we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal or offensive posts immediately by contacting us via email at info@Purchaser.com.pk. We will then review these and take the appropriate action.
3.4 You acknowledge and accept that your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in your access to the Site being blocked.
Your personal information will be used in accordance with the Purchaser.com.pk Privacy Policy. Please take the time to read this document
5 | You Are A Business Customer
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
6.1 For the steps you need to take to place an order on the Site, please see our about us section
6.2 Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order ("Order Confirmation"). However, please note that this does not mean that your order has been accepted. Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you at any time before we dispatch the Product(s) to you.
6.4 Without affecting your rights to return the Product(s) set out in these Terms, you can cancel your order for a Product at no cost to you before payment process. The Cancellation is at the Vendor's discretion - there is no guarantee that your order will be cancelled.
6.5 The Contract between us will only be formed when we dispatch your Product(s) to you.
6.6 If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available or because of an error in the price on the Site, we will inform you of this by e-mail and we will process a refund of the full amount to your payment method as soon as practicably possible.
7.1 These Terms may be updated from time to time in the following circumstances:
7.1.1 Changes in how we accept payment from you; and
7.1.2 Changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating on the Site that these Terms have been amended.
8.1 As a consumer, you have legal rights in relation to Products that are faulty, of poor quality or not as described. As such, Product(s) must be:
8.1.1 Of satisfactory quality - i.e. not faulty or damaged;
8.1.2 Fit for purpose - the Product(s) should be suited to the purpose they are supplied for;
8.1.3 As described - the Product(s) must match the given description.
8.2 During the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
8.3 However, this cancellation right does not apply in the case of:
8.3.1 Any products made to your specification, clearly personalized, custom-made or commissioned in any way;
8.3.2 Newspapers, periodicals or magazines;
8.3.3 Perishable goods, including but not limited to food, drink or fresh flowers;
8.3.4 Software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.4 Your legal right to cancel a Contract starts from the date on which we dispatch the Product(s) to you, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product(s).
8.5 To cancel a Contract, please log in to your customer account ("Customer Account") and select the cancel option to begin the process. Your cancellation is effective from the date you submitted the cancellation through the system on the Site.
8.6 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation provided that we receive the returned Product(s) in the condition you received them/it in.
8.7 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.8 We will refund you via the payment method used by you to pay within 14 days of you requesting the refund through the online system, provided that where you are due to return the Product(s) to us, you have done so within 14 days of the Vendor requesting that you do so.
8.9 If the Products were delivered to you:
8.9.1 You must return the Products to us as soon as reasonably practicable. If the Products require collection, we may arrange to collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.9.2 Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. Where a collection is possible, we will confirm the charges for a collection of the Products before arranging a collection with you;
8.9.3 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event outside Our Control. If we are unable to meet the estimated delivery date because of an Event outside Our Control, we may contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.1 The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
10.3 The price of a Product includes VAT (where relevant) at the applicable current rate chargeable in the PK for the time being.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site. To check current delivery charges, please refer to the relevant Vendor Shop page for the Product you are ordering.
10.5 The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 Where the Product's correct price is less than the price stated on the Site, we will issue you with a refund for the difference between the price you paid and the actual price of the Product. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
10.5.2 If the Product's correct price is higher than the price stated on the Site, we will contact you by email as soon as possible to inform you of this error. We will then give you the option of cancelling your order or cancelling your order and continuing to purchase the Product at the correct price. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within 7 days, we will treat the order as cancelled and notify you in writing.
11.1 You can only pay for products using your payment gateway through Purchaser.com.pk’s online payment processing system. The currency displayed will always show in PKR.
11.2 Payment for the Products and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your Products using the shipping method you selected on purchase.
11.3 Please note that your payment made through the Site will be received by us (Purchaser.com.pk) not actual vendor / supplier. These arrangements shall not affect any rights that you may have against us under these Terms.
12.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
12.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described
13.1 Where the Products are supplied for use by your business, you agree not to use the Product for any re-sale purposes. (Except for wholesalers and any value addition made by you before re-sale)
13.2 Nothing in these Terms limit or exclude our liability for:
13.2.1 Death or personal injury caused by our negligence;
13.2.2 Fraud or fraudulent misrepresentation;
13.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event outside Our Control.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 We will contact you as soon as reasonably possible to notify you; and
14.3.2 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside Our Control is over.
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer:
15.2.1 To cancel a Contract in accordance with your legal right to do so, you must contact us in writing by submitting a notification through your Customer Account. You may wish to keep a copy of the cancellation notification which you submit for your own records. Your cancellation is effective from the date you submitted the cancellation through the system on the Site. If you wish to contact us in writing for any other reason, such as giving feedback or making a complaint, you can send this to us by pre-paid post to Purchaser.com.pk Ltd. at F-127, City Center Shopping Mall, Near Awami markaz Main Shahrah-e-Faisal, Karachi.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 The Contract is between you and us - no other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by Pakistan law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Pakistan law and within exclusive jurisdiction of City Court Karachi Pakistan.
1.1 Once the Vendor has successfully completed the application process, and your Monthly Subscription Fee has been received, the Vendor will be given their own dedicated area of access called the Vendor Admin Panel (VAP). There the Vendor can upload, update and review detailed Listing information for its Products (photos, text, shipping methods etc.). Orders will be logged into the VAP. From here, the Vendor will be able to manage Customer orders, view and manage Disputes, view and print sales history between the Vendor and Purchaser.com.pk, update and manage stock levels, view performance reports, manage their subscription and handle Customer feedback. All financials will be stored in the VAP and all communication with the Customers and Purchaser.com.pk team will be made through the VAP.
1.2 The Vendor will then be able to either create a new Listing or use an existing listing to list their Products.
1.3 If another Vendor is already using a common product and you wish to update the details for that Product listed on that common product, you can submit a request to change the common product details and specification, however this will not automatically update on the website without Purchaser.com.pk accepting the changes..
1.4 Purchaser.com.pk have a right to restrict the Vendor's access to the VAP for reasons set out in these Terms, the Vendor will only have access that enables them to view and manage current orders, view invoices between the Vendor and Purchaser.com.pk, mark orders as dispatched and handle Customer feedback ("Restricted Access"). Whilst a Vendor has Restricted Access, its products will not be visible to Customers and Customers will not be able to place orders with the Vendor.
1.5 The Vendor's membership will commence on the later of below
1.6 The Vendor having confirmed their acceptance of these Terms; and
1.7 The date on which we have approved the Vendor's application, received the first Monthly Subscription Fee and we have granted the Vendor access to the VAP ("Commencement Date").
2.1 In signing up to these Terms, the Vendor commits to:
2.1.1 Sell Products in accordance with the Purchaser.com.pk Customer Terms and comply with the Purchaser.com.pk Customer Terms in all material respects;
2.1.2 Supply only Products that can be delivered to the Customer within the Timeframes. For the purposes of these Terms a "Working Day" means any day that is not a, Sunday or Gazetted holiday in the Pakistan.
2.1.3 be solely responsible and bear all risk and liability for sourcing, storing, selling and delivering (if applicable) the Products to the Customers using reasonable skill and care.
2.1.4 The Vendor acknowledges that Purchaser.com.pk shall have no liability in relation to the Vendor's VAT registration details or any other details which it is obliged to display and keep updated
2.1.5 take responsibility for the accuracy and detail of all Product information (including Product descriptions, images, measurements, condition and any other supplementary information about the Products) as well as the price which the Products are sold at ("Product Sale Price") You agree that you are responsible for the accuracy and the information provided in a Listing whether you are creating the Listing or using an existing Listing;
2.1.6 indemnify Purchaser.com.pk against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Purchaser.com.pk arising out of or in connection with any claims related to inaccurate, incorrect or otherwise misleading descriptions of the Products sold on the Site;
2.1.7 Ensure that it does not misrepresent the origin of the Products through any description made of the Products via the VAP whether contained in a Listing or otherwise;
2.1.8 Ensure that all shipping costs (if applicable) and additional handling and delivering costs (if applicable) displayed through the Site are accurate;
2.1.9 Ensure the quality of all Products is genuine, original /good quality to sale.
2.1.10 Ensure the photographic quality of the Products is adequate and have a white background color where possible - we recommend using professional photographs but this isn't essential;
2.1.11 ensure the Vendor responds to order enquires with Purchaser.com.pk or Customers in a timely manner (immediately if possible, at least within 2 Working Hours)
2.1.12 ensure that they keep up to date with the VAP on a daily basis, tracking orders, updating dispatches and orders and responding promptly to Customers requesting a return or raising a Dispute unless made during the Vendor's Holiday Period;
2.1.13 ensure stock levels are accurate (and available);
2.1.14 Remove Product listings that are awaiting stock for prolonged periods (of two weeks or more) from the Vendor's VAP area until they become available;
2.1.15 prepare a suitable invoice for each order and ensure that this is sent to the Purchaser.com.pk when requested;
2.1.16 indemnify Purchaser.com.pk against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred by Purchaser.com.pk arising out of or in connection with any claims related to a breach of above clause
2.1.17 refrain from selling any Prohibited Products
2.1.19 refrain from using the Site as an advertising portal, other than in listing the Products which you are selling and permitted to sell under these Terms;
2.1.20 ensure all issues with regards to the Site are communicated to Purchaser.com.pk via the email address: info@Purchaser.com.pk
2.1.21 ensure the VAP is used for all communication with all Customers;
2.1.22 not encourage direct communication with the Customer, through the use of their own email address, only the VAP;
2.1.23 Once Customer place order on purchaser.com.pk vendor not allow to sell this specific order quantity directly to Customers (cutting out Purchaser.com.pk);
2.1.24 comply with all relevant legislation
2.1.25 refrain from selling products which infringe the intellectual property or proprietary rights of a third party.
2.2 Promotion of the Vendor's own website
2.2.1 The Vendor may not include a link to, or otherwise provide the address of, or promote, its (or any third party's) website on the VAP, any Product or Listing on the Site, in orders shipped that were placed by the Customer on Purchaser.com.pk, or in any other means of communication with the Customer.
2.2.2
2.2.3 The Vendor may not bid on Purchaser.com.pk’s name, or variations of the Purchaser.com.pk brand or domain name or brand name, on Google or any other search engines, or any paid search sites.
2.2.4 The Vendor acknowledges and accepts that 'Purchaser.com.pk' is a trade mark of TradeKul Private Limited.
2.2.5
2.3 Security
2.3.1 The Vendor must maintain computer and internet connection at its own cost and ensure it is virus free.
2.3.2 The Vendor must ensure their username and password logins are kept safe and not accessed by any other party. If these details are lost they must contact Purchaser.com.pk immediately via the website for new passwords.
2.4 Pricing and Order Processing Information
2.4.1 Product Sale Prices should be inclusive of any applicable VAT and will be deemed to be so (if applicable to the Vendor and such applicability is to be solely determined by the Vendor and not the responsibility of Purchaser.com.pk);
2.4.2 The Vendor acknowledges and accepts that:
2.4.2.1 It will comply with clause of the Customer Terms in relation to incorrectly priced Products;
2.4.2.2 where the Vendor has updated the price of a Product or Products, the updated price may take up to 01 working day to display on the Site; and
2.4.2.3 Where packaging and shipping costs (if appicable) were not correctly inputted into the VAP, the Vendor has no right to pursue the Customer for additional payments once the Customer has submitted their order.
2.4.2.4 Purchaser.com.pk may discount Products for the purposes of the Purchaser.com.pk Deals platform with supplier mutual consensus. Any pricing changes actioned by Purchaser.com.pk (Reward points) will not be deducted from your payments.
2.4.3 Sale prices can be revised through the Site using the VAP.
2.4.4 Once the Vendor has received an order through the VAP
The Vendor:
2.4.4.1 is obliged to fulfil and dispatch (if applicable) the Customer order as soon as reasonably pack and ready to dispatch and for receipt within the following timeframes within Two (02) hours of order receipt
Designated delivery Orders must be dispatched within Eight (08) working hours .
2.4.4.1.2 Priority orders must be dispatched on the same Working Day within two (02) working hours if ordered before the Priority Cut-Off Time set in the VAP.
2.4.4.2 Must notify the Customer promptly through the VAP at each of the following stages:
2.4.4.2.1 Dispatch of order; and
2.4.4.2.2 Any enquiries relating to the order which will be dealt with through the VAP.
2.4.5 The Vendor acknowledges and agrees that Purchaser.com.pk reserves the right to refund the Customer's payment for an order if the Vendor doesn't meet the Timeframes for handling that order as detailed above, or if the Customer raises a Dispute relating to delay, and Purchaser.com.pk resolves the matter directly with the Vendor.(this will complete with in the legal time limit of customer refund 30 day Max.)
2.4.6 The Vendor only accepts a Customer order on dispatching the Product to the Customer. For the avoidance of doubt, the debiting of a payment card shall not constitute acceptance of an order. Where a Product is not marked as dispatched within eight (08) working hours of the order being made, Purchaser.com.pk will treat the order as not having been accepted or declined.
2.4.7 Where a Vendor has not accepted an order, Purchaser.com.pk shall be entitled to refund the Customer's payment for that order.
2.4.8 The Vendor must include with all orders the appropriate packing list, and any such additional documentation as may be provided by Purchaser.com.pk; and
2.4.9 The Vendor must not include any other materials (other than packaging) with the package or order delivered to the Customer which are likely to have a commercially detrimental effect on Purchaser.com.pk, the Site or the Purchaser.com.pk brand.
2.5 Delivery/post and packing
2.5.1
2.5.2 If additional packaging and postage costs apply to the Vendor's Products, where for example the Products are heavy, fragile, bulky or precious or perishable, the Vendor is responsible for ensuring that these costs are considered on their Listing in the Product Sale Price.
2.5.3
2.5.4 The Vendor must ensure that the Product is wrapped in a professional manner suitable for the Product. The wrapping must be appropriate for the Product (bubble wrapped packages for delicate items, etc.).
2.5.5 The Vendor must ensure that all customs and import duties are to be pre-paid for Products being delivered to addresses within the PK. The customer is not responsible for the customs and import duties: the price shown for Products on the site (along with any applicable delivery charges) is the price the Customer pays.
2.6 Returns and Refunds
2.6.1 Any requests for refunds or returns for any Product(s) by a Customer shall be dealt with directly between the Vendor and the Customer through the VAP. The Vendor will receive an email notification about these requests through the VAP. The Customer will raise a dispute ("Dispute") if the product is faulty, mis-described, damaged or not delivered and the Customer will request a cancellation ("Cancellation"). The Customer can cancel an order up to 30 (thirty) minutes after the order was placed. Thereafter, a Cancellation request will be sent to the Vendor for review.
2.6.2 The Vendor shall approve such refund through the VAP and refund the Customer promptly, through the VAP.
2.6.3 Where the Vendor triggers a refund through the VAP, the Product Sales Price (and where applicable, the postage costs) paid in respect of the refunded Product(s) will be returned to the Customer.
2.6.4 The Vendor shall not issue refunds by cheque or other means.
2.6.5 The Vendor shall ensure that returns and refunds relating to orders shall be processed in accordance with the following terms and conditions.
2.6.5.1 by law, the Customer may cancel, return or obtain a refund in relation to the Products order within 7 (seven) days of the delivery of the Products, however Purchaser.com.pk requires Vendors to offer a returns period of 7 (seven) days. The Customer will do this through their online account, and you will receive an email notification from the Customer;
2.6.5.2 However (unless such Product is faulty) the cancellation right set does not apply in the case of:
2.6.5.2.1 Personalized/ customized items that are specifically made to a Customer's specification (e.g. a custom-made print), except where the Customer has chosen items from pre-determined upgrade options or standard off-the-shelf components. For the avoidance of doubt, items with unopened or sealed hygiene seals may be cancelled or returned unless they are any of the following:
2.6.5.2.2 Personalized items;
2.6.5.2.3 Perishable items
2.6.5.2.4 Audio or video recordings or computer software which a Customer has unsealed or opened;
2.6.5.2.5 Items that by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied
2.6.5.3 if the Customer requests a refund for a Cancellable Product then such refund shall be processed by the Vendor as soon as possible and in any case no later than 7 days from the date the Vendor received the instruction to cancel the Cancellable Product from the Customer provided the Vendor receives the Product(s) back from the Customer in the condition the Customer received them/it in;
2.6.5.4 if the Customer requires a refund because a Product is faulty, damaged or misdescribed, reasonable postage and packing costs incurred by the Customer in returning the Product(s) to the Vendor must be refunded to the Customer along with the full cost of the Product;
2.6.5.5 Ensure that when selling on Purchaser.com.pk, a returns address is clearly provided on the Vendor Shop to which a Customer may return a Cancellable Product. If a returns address cannot be provided, the Vendor must:
- Offer the customer a pre-paid returns label - Offer the customer a refund without requesting the Cancellable Product must be returned
2.7 Payment
2.7.1 Payments for Products on the Site shall be made directly by a Customer to the TradeKul Pvt Ltd through the Site, using online payments shall be recorded on the Vendor's designated VAP. The Vendor must check the VAP daily for alerts of new orders.
2.7.2 Once the Customer has submitted their order through the Site, funds are taken from the Customer and held by payment gateway, until the order is marked as dispatched in the VAP by the Vendor. Only once the order is marked as dispatched will the funds be released from Tradekul Pvt Ltd. to the Vendor within forty eight (48) working hours
2.7.3 The Vendor hereby appoints Purchaser.com.pk as its payment processing agent from the purposes of managing payments from Customers and making any necessary refunds on your behalf in line with these Terms.
2.7.4 In addition Purchaser.com.pk shall notify the Vendor by email of orders awaiting dispatch in their VAP, but Purchaser.com.pk does not warrant the reliability of email communications.
2.7.5 Following receipt of such notification, the Vendor shall process each and every order with the Customer in accordance with the Timeframes, using the Vendor's VAP access. Upon dispatch of each order, the Vendor shall further confirm this with the Customer, through their VAP by clicking the "Dispatch" button.
2.7.6 Purchaser.com.pk shall pay the Vendor the Product Sales Price together with shipping costs for the relevant Product(s) within forty eight (48) working hours, in the Vendor's account (the "Balance Due").
2.7.7 Purchaser.com.pk reserves the right to change the Monthly Subscription Fees upon providing the Vendor with 30 days' written notice.
3.1 Nothing in these Terms shall limit or exclude our liability:
3.1.1 For death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
3.1.2 Fraud or fraudulent misrepresentation;
3.2 Subject to above clauses;
3.2.1 We shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise; and
3.2.2 our total liability to you in respect of all other losses arising under or in connection with the sale of the Products to the Customers and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount in Monthly Subscription Fees that you have paid to us in the past 12 months; and
3.2.3 We shall not be liable to you in relation to the Products. It is your responsibility to take out the relevant insurance/ Takaful necessary to cover the cost of the Products you are supplying to Customers in the event that they were lost or damaged in transit. (if product directly supply or delivery by vendor to customer)
3.3 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
3.4 The Vendor shall indemnify and hold Purchaser.com.pk harmless against all liabilities, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Vendor's use of the Site.
3.5 From time to time, it will be necessary for Purchaser.com.pk to perform Site updates and carry out maintenance of the Site. Although we will try to do this at times which are least likely to inconvenience our Vendors and Customers, and we will always try to notify Vendors of any planned maintenance, we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the Site or downtime of the Site.
4.1 Without limiting our other rights or remedies, we may terminate these Terms with immediate effect by giving written notice to you if:
4.1.1 you commit any continuing or material breach of any of the provisions of these Terms and, in the case of such a breach which is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
4.1.2 An encumbrancer takes possession or a receiver (or similar office holder) is appointed over any of your property or assets;
4.1.3 You make any voluntary (or similar) arrangement with your creditors; an administrator is appointed or you are subject to insolvency proceedings in any jurisdiction;
4.1.4 you go into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganization and in such manner that the company resulting from the reorganization effectively agrees to be bound by or to assume the obligations imposed on that other party under these Terms);
4.1.5 You cease, or threaten to cease, to carry on business;
4.1.6 You fail to pay any amount due to us in connection with these Terms, including the Monthly Subscription Fees on the Due Date for payment;
4.1.7 You have at least 5% of your total Product sales for the preceding month returned by Customers in the subsequent month; or
4.2 Without limiting our other rights or remedies, we shall have the right, at our election, to:
4.2.1 Grant the Vendor only Restricted Access to the VAP; and/or
4.2.2 Terminate your access to the VAP by giving you 1 month's written notice; and/or
4.2. 3 terminate these Terms.
4.3 Without limiting your other rights or remedies, you shall have the right to terminate these Terms by giving us 1 month's written notice through the VAP and the Vendor will not be held accountable for any costs which have been incurred.
4.4 Without limiting our other rights or remedies, we shall have the right to suspend your access or grant you only Restricted Access to the VAP if you breach any of the above terms.
On termination of these Terms:
5.1 you shall immediately pay to us all of our outstanding Monthly Subscription Fees, any other fees set out under any clause and any other amounts which are properly owed to us together with any applicable VAT;
5.2 You shall ensure that all orders placed before termination are fulfilled where your level of access to the VAP permits you to do so;
5.3 You shall return to us any property which belongs to us. Until such property has been returned, you shall be solely responsible for its safe keeping and will not use it for any purpose;
5.4 The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of these Terms shall not be affected. This includes the right to claim damages in respect of any breach which existed at or before the date of termination or expiry;
5.5 All licenses granted under these Terms will expire on termination;
5.6 clauses which expressly or by implication have effect after termination shall continue in full force and effect; and
5.7 You acknowledge and accept that we reserve the right to pass your contact details to a Customer where, on termination of these Terms, there remain any Disputes or issues which are unresolved between you and the Customer.
6.1 Purchaser.com.pk will take all precautions to securely store all of the Vendor's Product and business information and will not share with any third party, unless specific permission is granted by the Vendor.
6.2 The Vendor will not disclose any details of correspondence or operations (including the operations of the VAP and marketing plans) to any third parties.
6.3 The obligations of confidentiality under these Terms shall remain in effect for 2 (two) years after the termination or expiry of these Terms.
7.1 The copyright, design rights and all other intellectual property rights in the Site (including those in any materials and other documents or items that we prepare or produce in connection with the Site) will belong to us absolutely.
7.2 You may not use the materials, documents or other items detailed without Purchaser.com.pk's prior written consent.
7.3 You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a Listing will belong to us absolutely or have been licensed to us. Listing a Product against a Listing does not grant you any intellectual property rights in that Listing.
7.4 We hereby grant you a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, each Listing for the sole purpose of advertising the Product(s) which you sell through the Site.
Contracts for the purchase of goods or services through our Site shall be governed by Pakistan law. Any dispute or claim arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts “CITY Court KARACHI” Pakistan.
9.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.
9.2 No party shall assign, transfer, charge, subcontract or deal in any other manner with any of our rights or obligations under these Terms.
9.3 Any notice or other information required or permitted to be given under these Terms shall be deemed to have been validly given if served personally on that party or if sent by First Class pre-paid post to the last known address of that party. If any such notice or other information is given by means of Courier / postal/ by hand /email then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next Working Day were sent outside such hours.
9.4 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
9.5 If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by us from any competent authority) then that provision shall be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.
9.6 Nothing in these Terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.
9.7 No variation of these Terms shall be binding unless made in writing and signed by you and us.
9.8 These Terms apply to the exclusion of any other terms that you seek to impose.
If a product is defined as a Prohibited Product by Purchaser.com.pk, it must not be sold on the Site. You may not sell any of the following:
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