1.1. "Buyer" means the individual or organization who buys or agrees to buy the Goods from the Seller;
1.2. "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.3. "Seller" means Klosmic that owns and operates www.klosmic.com
1.4. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.5. "Website" means www.klosmic.com.
2.1. Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5. Any complaints should be addressed to the Seller stated in clause 1.3.
3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the goods are available from stock or cancel the order and receive a full refund.
- PRICE AND PAYMENT
4.1. The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of GST. The price may sometimes EXCLUDE delivery charges.
4.2. The total purchase price, including GST and any delivery charge, will be displayed in the Buyers shopping cart prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Term COD on Klosmic.com refers to Cash On Delivery.
4.5 "Cash on Delivery" means physical cash issued by the Reserve Bank of India is received on delivery by a delivery agent for the order placed by the buyer.
4.6 When a buyer places a COD order on klosmic.com a confirmation call will be made. On confirmation from the customer who placed the COD order the placed order will be dispatched by seller without receiving any prior payments to the buyer via a logistic partner or 3PL. Only when the package is handed over to the buyer and the delivery agent receives a physical cash payment issued by the Reserve Bank of India and a signature is taken on manifest, the COD order is confirmed as sold. Therefore, any goods sold on COD basis while in transit or returned to seller are owned solely by the seller and the buyer has no rights over such shipments.
4.5 Pre -paid payment means the buyer has made a payment to the seller before the goods are dispatched. The seller holds the right to dispatch or with hold any such orders. If the seller decides to with hold the order then a refund would be provided for the amount paid by the buyer.
- RIGHTS OF SELLER
5.1. The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
5.2. The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1. Goods supplied within India will normally be delivered within 7 days of acceptance of order.
6.2. Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.3Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- CANCELLATION OF AN ORDER
The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded with deduction of cancellation charges within 28 days.
The seller has the right to not dispatch an order to a particular buyer on Cash On Delivery due to the buyer not accepting order upon dispatch and refusing the previous order made thereby creating losses for the seller.
- FAULTY ITEMS
8.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone, email or writing within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2. Where a claim of defect or damage is made, or the wrong goods have been sent, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3. Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including postal charges if any). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
- UNWANTED ORDERS
9.1. In the event of the goods being unsuitable the Buyer shall be responsible for returning of the Goods to the Seller and any postage costs .The Buyer will be under a duty to take care of the Goods until they are returned to the seller.
9.2. Goods to be returned must include the completed returns slip enclosed with the order and clearly stating a refund or an exchange. The Buyer is responsible for the postage costs to return the Goods back to the Buyer.
9.3. Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
- LIMITATION OF LIABILITY
10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
- FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Government of India and the parties hereby submit to the exclusive jurisdiction of the courts.