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When you use the Site Sky Vision or any partner site of Sky Vision it is understood that the usage is subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any sixaxis service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Sky Vision reserves the right to change these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
RISK OF LOSS; OTHER TERMS OF SALE
You agree, understand and acknowledge that Sky Vision Site is an online shopping platform, a venue enabling the users to buy any product listed on Sky Vision Site at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that Sky Vision is not involved in any sale and purchase of goods/products listed on this Site. Sky Vision is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Sky Vision shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
Sky Vision shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
Sky Vision does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Sky Vision.
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Sky Vision is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Sky vision nor shall Sky Vision have any obligations or liabilities in respect of such contract. Sky Vision is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Sky Vision accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Sky Vision is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established by Sky Vision which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the invoicing and delivery of the product to the buyer at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You understand, declare and agree that:
· Sky Vision shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.
· You release and indemnify Sky Vision and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Sky Vision cannot control the information provided by other Users which is made available on the Site
· Seller shall be responsible to invoice and deliver the items to the Buyer within the time period specified for delivery by the Vendor.
· Seller shall be solely responsible for any undelivered or damaged items.
· Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
· Seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the Sky Vision Site and that such products shall correspond with the description of the items listed on Sky Vision. You further agree and acknowledge that Sky Vision shall not be liable if the description of goods supplied by the Seller do not match/correspond with the description provided at the time of placing of order by the Buyer.
· Vendor / Seller shall invoice / bill directly to the Buyer.
· Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on Sky Vision in this regard.
· The risk of loss and title for items purchased by you pass to you upon delivery of the items to the carrier pursuant to Sky Vison standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Sky Vision may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Sky Vision 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.
This Site may be accessed from countries other than India. This Site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors or suppliers, Sky Vision shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Sky Vision shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sky Vision shall issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Sky Vision is not responsible for the operation of or content located on or through any such site.
Sky Vision respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Customer Support.
You agree that Sky Vision remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Sky vision shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that sky vision may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Sky Vision shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by Sky Vision of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.