GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
- INTRODUCTION
This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.vmscart.com) and the purchase of products from it (hereinafter referred to as the "Conditions").
We urge you to read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and with the Data Protection Policies, do not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract (as defined further on) shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.
The Contract (as defined below) may be executed, at your choice, in any of the languages in which the Conditions are available on this website.
- OUR DETAILS
Sale of goods through this website is carried out under the name VMS Cart by VINOD MEDICAL SYSTEMS PRIVATE LIMITED, an Indian company with registered address at B-2, Sai Nagar, Near Railway Crossing, Raipur-492001, Chhattisgarh, India, with e-mail address- care@vmscart.com, telephone number 18005721988 and with Corporate Identification Number U85110CT1994PTC008363.
- YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the website. As a minor if you wish to purchase an item on the website such purchase or sale may be made by your legal guardian or parents who have registered as users of the website. VMS reserves the right to terminate your membership and refuses to provide you with access to the website if it is brought to VMS's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept these Terms of Use and you have the authority to bind that business entity to these Terms of Use.
MEMBERSHIP BENEFITS
As a registered member of VMS, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website as well as promotional schemes, will be e-mailed to you at regular intervals.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or VMS Cart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
4.USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
- Use this website to make enquiries and legally valid orders only.
- Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.
- Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
- SERVICE AVAILABILITY
Delivery service for the articles offered on this website is available in India only.
- FORMALISING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on "Authorise payment". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will be informed via email that the order is being sent (the "Shipping Confirmation"). These Conditions and the Contract constitute a written agreement between us.
- TECHNICAL MEANS TO CORRECT ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section "My Account".
In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service via the telephone number 18002021988, or the email address care@vmscart.com. This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, telephone or email address mentioned hereinabove to correct the error.
- AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
- DELIVERY
Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within reasonable time from the date of the Order Confirmation.
There may be delays for reasons such as the occurrence of unforeseen circumstances on the delivery zone due to act of god, natural calamity, pandemic, strike, flood, war etc.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on, Sundays or bank holidays.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
VMS CART shall bear the cost of delivery at all the times including at the time of return of the product. The customers shall not be liable to any costs towards delivery and/or return of the goods.
- INABILITY TO DELIVER
The Courier partner will make 3 attempts to deliver your product. If after 3 attempts, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will refund to you all payments received from you, excluding the delivery charges, within 10-15 days of the date on which this Contract has been terminated.
Please be apprised that transport costs derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.
- TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above.
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time.
- PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, an inadvertent error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be refunded to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website include Goods and Service Tax (GST), duties and cesses. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area.
You may use, as a payment method, debit or credit cards in India, with Visa, Mastercard, American Express and Rupay, or by Bank transfer such as mobile or internet banking or by UPI. In addition, you can pay the price of your order by cash on delivery.
To minimise the risk of non-authorised access, your credit card/ debit card/ net banking (mobile or internet) details will be encrypted. Other than where payment is by cash of delivery, the payment will be due and payable immediately at the time of placing of the order.
When you click "Authorise Payment ", you are confirming that the credit card is yours.
Credit cards and debit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment (either by credit card/debit card/bank transfer), we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
- INVOICE
An invoice will be provided to you along with the products when delivered.If the customer wants the input credit of the GST paid , he is required to mention the GST No. at the time of placing order and the invoice will be generated accordingly.Once the invoice delivered, it canot be revised.Hence customer need to be caution at the time of adding all the informations.
- BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
- TAXES
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc..
- LIMITATION OF LIABILITY
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of the said product.
Notwithstanding anything contained in these terms of use, VMS shall not be liable for the following losses, regardless of their origin:
- Loss of income or sales;
- Operating loss;
- Loss of profits or contracts;
- Loss of forecast savings;
- Loss of data; and
- Loss of business or management time
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being only liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. Other than representation and warranties expressly mentioned herein there are no other implied representation and/or warranties made by VMS Cart.
- INTELLECTUAL PROPERTY
You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to VMS at all times or to those who grant us the license for their use. You may use the said material only to the extent that we or the usage licensers authorise expressly.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
- LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
- WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you with the information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.
- NOTIFICATIONS
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 23 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing the order.
Notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or a mailbox; in the case of an email, that the notification was sent to the email address specified by the recipient.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
- EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest;
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
- Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private;
- Inability to use public or private telecommunication systems;
- Acts, decrees, legislation, regulations or restrictions of any government or public authority;
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
- WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
- PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
- ENTIRE CONTRACT
These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless the said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
- OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case, the possible changes will also affect orders made previously by you.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the laws of India.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Indian courts in Raipur, Chhattisgarh.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.
- ARBITRATION
If any dispute arises between You and VMS CART during Your use of the Website or Your dealing with VMS CART in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by VMS. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The seat and place of arbitration shall be Raipur. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
- INDEMNITY
You shall fully indemnify, keep indemnified, defend and hold harmless VMS and its shareholders, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
Moreover, there are official claim forms available to consumers and users. Those can be requested by calling 18002021988 or through the contact form.
DISCLAIMER:
The following disclaimers are the key to determining any relationship between you and VMS CART for your use of the Website and for VMS Cart providing any services on the Website:
- VMS Cart and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk;
- The responsibility of the correctness of the declarations displayed on the website in relation to the products shall lie with you;
- VMS, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted;
- VMS may provide certain support services to facilitate the transactions with its customers and such independent services may include warehousing services, logistics services, making available courier services and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that VMS CART will engage independent third-party service providers to perform these services. VMS may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that VMS will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under the public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of VMS and in such an event the total aggregate liability of VMS shall be limited to the extent provided in the clause titled "Limitation of Liability";
- You understand, agree and acknowledge that the e-commerce portal and Website uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over VMS. You agree and understand that VMS provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and VMS shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of VMS.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this Terms of Use.
