These Terms of Service (the “Terms”) govern the use of Toolsvilla.com (the “Site”) by you, the individual (“you”, “your” or user) and any services made available to you on or through this Site (the “Services”) which is owned and operated by Toolsvilla (hereinafter, “Toolsvilla”, “Company””, “We”, “Us” or “Our”). These terms constitute a legally binding agreement between you and Toolsvilla. For the purposes of this Agreement, “you” or “user” means the person using the Site or the Services or, if you are using the Site or Services on behalf of your company (or another business entity), then “you” or “user” includes your company (or such other entity), its officers, members, agents, successors and assigns, together with you. If you are registering as a business entity or as a seller, you represent that you have the authority to bind the entity to these Terms. By using the Site you agree to be bound by the following terms and conditions including those additional terms and conditions and policies which are referenced herein.
Scope of the Agreement
Our Services are available only to, and may only be used by individuals who are over 18 years of age and can enter into legally binding contracts under applicable law. Our Services for sellers are not available to, and may not be used by persons who are not citizens of India.
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Courts at Durgapur, West Bengal, India.
Terms of Sale
By placing an order with us, you offer to purchase the product selected by you (“Product”) in accordance with the terms on the Site in relation to the pricing, description and policies related to shipping, returns, replacements and refunds as described or referenced in the Product description and site-wide Cancellation and Return Policy. By placing an order, you also represent that you are of legal age to form a binding contract and that all information provided by you in connection with the purchase is true and accurate and that you are authorised to use the payment methods used by you.
Toolsvilla hereby disclaims any responsibility or guarantees of exactness as to the quality, safety or legality of any Products, services or information as ordered or purchased by the user. The Products purchased or obtained by the user through the Website are the sole responsibility of the seller. The user acknowledges this risk and agrees to indemnify and hold Toolsvilla harmless from any claim or demand, including reasonable legal fees arising on account of the Services or Product not meeting the descriptions or user expectations.
Purchases are retractable only when explicitly allowed by the seller in the conditions of sale as referenced or described in the Product description or when the seller materially changes the product description after a sale has been made or the seller defaults in any way with the product listed or with the delivery of the product.
The images & video of the product on the product pages are just to demonstrate the functionality of the product & the actual product might vary in colour, size or shape as per manufacturing in some cases. Though that doesn't change the functionality of the Products & the Products are meant to do the work with the same efficiency. For further details our technical team can be contacted on [email protected]
Billing & Payments
All items supplied will be accompanied by an official GST invoice. If payment for your order has been made in advance the order will be dispatched after receipt of the same.
Generally all orders are processed and shipped within 1-2 working days after the order is placed & confirmed. However, certain categories of products have different lead-times for delivery due to the nature of the product. If the delivery of a product is delayed for an extended period of time the same will be informed to the buyer. In some rare cases the product can go out of stock with the seller & the same would be informed to the buyer and necessary refund would be made. Kindly note, due to carrier availability it may not be possible to supply products to certain areas and locations. We will advise you if the area is not serviceable after you have placed your order. Transit times vary depending on your location and mode of dispatch opted for. Title of the Products shall pass on to you upon delivery of the Products to the carrier.
Please note that while we may endeavour to have your shipment delivered at your door-step certain mitigating circumstances and occurrences may necessitate that the same may be required to be collected by you from a designated location.
Toolsvilla uses third party logistic services for shipping & handling products, therefore Toolsvilla is not, in any way legally responsible for the delay or damage in/during the delivery or the mis-behaviour or mis-conduct of courier person/branch during the process. We however still follow our returns/refund policy in case such events occur. Toolsvilla in all cases gives priority to customer satisfaction & such events, if any, should be reported to us so that our team can resolve matters or take actions against such behaviour on any such occasion.
Shipping charges and taxes
Separate charges for shipping and handling will be shown on your order form, if applicable. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
Privacy and use of customer information
The Company reserves the right to use customer information such as customer name, phone numbers, emails or other contact details for any kind of service related activities such as Product promotion, Services promoted, inquiry, new updates or advertising. You agree and undertake to use the Site and the Services of the Company in accordance with these Terms and all applicable laws or regulations in force in or outside India. By way of example, and not as a limitation, you agree and undertake that when using the services provided by the Company, you will not:
- provide false, inaccurate or misleading information;
- defame, abuse, harass, threaten, impersonate or in any way violate the legal rights of others;
- infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- surreptitiously expropriate any system, intercept or access without authority any data or personal information;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from Toolsvilla without the prior expressed written permission of Toolsvilla and the appropriate third party, as applicable.
- Link directly or directly to any external websites that to the user’s knowledge violate these terms or applicable laws.
User Account and Security
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision of this Agreement.
Disclaimer Of Warranties/Limitation Of Liability
Toolsvilla neither warrants nor makes any representations regarding the quality, accuracy, continuous availability or completeness of any Data, Information, Product or Service. Toolsvilla is not liable for any information provided by its members.
In no event shall Toolsvilla be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Site or Services; (b) unauthorised access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or Services.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
The headings and subheadings in this document are intended for convenience and easy reference and are not intended to define or limit the scope or extent of the Terms in any manner. “Acceptance” of the Terms as described above will amount to the acceptance of all the terms and provisions set out here in totality.
These Terms will prevail over any conditions of sale imposed by a seller.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
We reserve the right to alter these Terms at any time.
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Toolsvilla may suspend or terminate your use of the Services provided by Toolsvilla without notice. If you or Toolsvilla terminate your use of the Site or any Service, Toolsvilla may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so.