TERMS AND CONDITIONS FOR MARICO’S TELEMARKETING SERVICES
The terms are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000 or any other applicable law for the time being in force. These Terms does not require any physical, electronic or digital signature.
These Terms of the Site located at the URL www.marico.com (“Site” or “Website”) is between Marico Limited (hereinafter referred to as “Marico” or “We” or “Us” or “Our”) and the users of the Marico Telemarketing Services as offered on the number 9319683311
Marico Limited is a company incorporated under the laws of India, having its registered office at 7th Floor, Grande Palladium, 175 CST Road, Mumbai 400098, India and having CIN L15140MH1988PLC049208.
These Terms are subject to change in the sole discretion of Marico, and shall be updated on this website or any other website from time to time, without any intimation. Unless provided in this these Terms, Marico Limited does not represents or warrant in any manner, a commitment, a capacity a quality or obligation of any manner whatsoever, about the products and/or the Services available on the website.
Marico, its directors, officers, employees, its affiliated entities or agents shall not be liable for any loss, damage or expense arising out of use /access of this site or any site linked to it including without limitation of any consequential loss, indirect, incidental or damages of whatsoever nature.
TERMS OF SALE
a. These terms of sale (“Terms of Sale” or “Terms” ) are an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of sale does not require any physical, electronic or digital signature.
b. These Terms of Sale are a legally binding document between the Users and Marico. In these Terms of Sale, a User (whether guest user or registered user) who purchases Products (as defined below) from the Marico on the Site is referred to as “Buyer” or “You” or “Your” and Marico shall be referred to as the “the Seller”.
c. These Terms of Sale describe, inter alia, set out the terms of offer for sale/sale by the Seller and the terms of acceptance of the offer for sale by Buyer for the purchase of goods (“Products”) through the telemarketing services of the Seller. These Terms of Sale also contains certain statements and disclaimers made by Seller which shall be binding on Buyer and Seller, as the case may be.
d. These Terms of Sale are subject to revision at any time and hence the Buyers are requested to carefully read these Terms of Sale from time to time before making any purchases or placing an order for purchase of the Products. If the terms are revised, the revised Terms of Sale shall be made available on the Site. Buyer may determine when these Terms of Sale were last modified by referring to the “Last Updated” legend provided. Buyers are requested to regularly visit the Site to view the con-current Terms of Sale. It shall be the responsibility of the Buyer to check these Terms of Sale periodically for changes and Buyer should also check for the Additional Terms of Sale (if any).
e. Buyers may be asked to provide specific consents to any updates in a specified manner before use of the related telemarketing services for the purchase of Seller products. If no separate consent is sought, such changes and modifications to the Site or these Terms of Sale will constitute Your acceptance of such changes or modifications.
g. Seller may include additional or conflicting terms and conditions of sale as made available on the site (“Additional Terms of Sale”). If there is any conflict between the Terms of Sale and the Additional Terms of Sale, the Additional Terms of Sale shall take precedence to the extent of such conflict and in relation to that sale. If a Buyer does not agree to these terms of sale and additional terms of sale, please do not buy or attempt to buy any product through the telemarketing services.
The Services are not available to minors under the age of eighteen (18) or to any User who is incompetent to contract for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail use or services of the telemarketing services. You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India.
a. For placing an order, the Buyer can call the numbers listed on the website and place an order for the products. The telemarketing executive shall inform the Buyer of the Maximum Retail Price (MRP) for each unit of the Product and may provide discounts from time to time depending on the offers being run by Seller. All discounts are discretionary and may be revoked, altered or suspended by the Seller at any time. Such offers shall remain visible on the website and/or may be communicated by telemarketing service centre.
b. The telemarketing service executive will take the order and will send the Buyer an email with the details of the order along with bill value and a payment link. The Buyer are requested to click on the payment link and pay the order value in advance, unless agreed otherwise.
c. The telemarketing service executive shall also confirming the information sought during the telephonic conversation as well as requesting for certain further information and documentation:
|2||Delivery Address and Contact Number|
|5||MRP- Rs (Inclusive of all taxes)|
|7||Total Bill Value|
|8||Link for Payment|
d. Please note that only upon payment, the order will be considered as confirmed and will be sent for processing. Please also note that Seller telemarketing executives do not solicit any details related to your debit/credit card for processing the payments. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
e. It is clarified that the telemarketing services is available for limited products and for limited geographies. The said geographies shall be notified to the Buyer on the telephonic conversation itself.
f. The MRP of the products is subject to change without notice prior to any buyer or public in general. All prices are inclusive of applicable taxes unless stated otherwise. The Seller shall make reasonable efforts to keep the site updated with the applicable MRPs however, if there is a revision in the MRP, the same shall be communicated to the Buyer at the time of despatch/ordering. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to, service tax, GST, duties and cesses etc.
g. The order confirmation e-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is paid for by you and an e-mail confirmation is sent to you that the product has been dispatched to you. If your order is dispatched in more than one package, you may receive a separate dispatch confirmation e-mail for each package, and each dispatch confirmation e-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that dispatch confirmation e-mail.
h. Please also note that placing of an order by the Buyer and receiving of the payment by the Seller against such order shall not be considered as a commitment from Seller for the delivery of the order quantity. The Seller shall confirm the order basis the availability of the Products. There may be certain orders that Seller is unable to accept and has the right to cancel. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. The Seller retains a right to make partial supplies against the orders or cancel the order. In the event of partial supplies or cancellation of order the Seller shall communicate the same to the Buyer in advance. The Buyer may choose to cancel the order in totality.
i. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Seller shall have the sole discretion to determine the mode of reversal from the above options. In the event the Buyer has availed benefit under any marketing or promotional offer (including promotional code) given by Seller for the purchase of the Product, the amount under such marketing or promotional offer (including promotional code) shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Seller for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
j. Orders once placed and confirmed by the Seller cannot be cancelled by the Buyer. In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
k. The Seller hereby makes an offer to sell the Products and the Buyer upon agreeing to purchase the Products so listed hereby accepts such offer to sell by the Seller upon the terms and condition laid out herein and on such terms as may be communicated by the Seller to the Buyer. Accordingly, the contract for sale of the Product is a bipartite contract between Buyer and the Seller.
l. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer.
o. For your making payments for buying the Products on the Site, in addition to the agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Site and Seller does not control the same and shall not be liable for the same
DELIVERY & TITLE TRANSFER
a. All orders received by the Seller, shall be delivered based on timelines communicated by the seller, from the date of order confirmation by the Seller, unless an earlier or later date is provided by the Seller, in each case, subject to the availability of Products and provided that the capacity of the Seller to deliver the products is not obstructed by events beyond the reasonable control of the Seller, including but not limited to government orders, labour unavailability, transport disruptions, supply chain issues, public law and order situations, pandemics etc.
b. The Buyers are expected to be available at the delivery location for taking deliveries of the order. The Seller shall keep informed the Buyer of the expected delivery date and time. On the delivery date, the Seller’s representatives shall inform the Buyer of the expected delivery time.
c. In case the Buyer is not available on the delivery date, the Seller shall make efforts to re-schedule the delivery of the products at the next possible delivery date, provided that the Buyer should inform the Seller in advance before the shipment of the Product from the Seller’s warehouse. The Seller reserves a right to cancel the order and refund the payments received against an order post deduction of such transportation charges as incurred by the Seller due to uninformed unavailability of the Buyer for taking the delivery.
d. The Products will be delivered to the shipping address provided by the Buyer. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, the Seller may contact the Buyer for an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
e. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence between the Buyer and the Seller for purchase and sale of Product on or through the Site.
f. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
g. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered. The Buyers are expected to read and understand the Returns Policy as provided herein below. The Returns Policy shall not apply for products where the products were damaged at the Buyer’s end.
h. All products sold by the Seller are for your own individual use and the Seller does not in any way authorize you to re-sell these products.
i. Each Buyer is expected to read through the product packs for understanding the products contents, benefits, allergen information, precautions, storage and use.
Any requests for return or replacement of the Products delivered, shall be processed only in accordance of the Returns Policy as annexed herewith.
INTELLECTUAL PROPERTY RIGHTS
a. The trademarks, the know how, patents, copyright, design rights, service marks, domain names, logos, utility designs, licences, franchises and trade names relating to the Products whether or not registered and their related documentation (together, the “Rights”) are and shall remain the property of the Seller. The Buyer shall not do anything which will, or is reasonably likely to, adversely affect the Rights or the Seller’s ownership of the Rights. Under no circumstances shall the Buyer acquire any right, title or interest in any of the Rights.
b. The Seller shall:
a. Subject always to any additional limitation of the Seller’s liability elsewhere in these terms , this section sets out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Buyer in respect of:
b. With respect to the Seller’s liability hereunder, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
c. Nothing in these Terms limits or excludes the liability of the Buyer :
d. Subject to Condition set forth above :
e. the Seller total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the agreement shall be limited to the price paid for the Product
f. If the Seller’s performance of its obligations under the agreement is prevented, suspended, delayed, or otherwise adversely affected by any act, omission or delay of (or occasioned by) the Buyer, the Seller shall not be liable for any costs, charges or losses incurred by the Buyer either directly or indirectly from the prevention or suspension of, or delay in or adverse effect on, the performance of the Seller’s obligations, but the Buyer shall be liable for any costs, charges or losses so incurred by the Seller (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation and loss of opportunity to deploy resources elsewhere), subject to the Seller confirming such costs, charges and losses to the Buyer in writing.
g. The Buyer shall be liable to pay to the Seller, on demand, all costs, charges or losses incurred by the Seller (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Buyer’s fraud, negligence, failure to perform, or breach of or delay in the performance of any of its obligations under the agreement, subject to the Seller confirming such costs, charges and losses to the Buyer in writing
The Buyer shall hold the Seller harmless and keep the Seller indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by the Seller as a result of or in connection with any claim made against the Seller in respect of any liability, loss, damage, injury, cost or expense sustained by any third party to the extent that such liability, loss, damage, injury, cost or expense arises directly or indirectly from the Buyer’s fraud, negligence, failure to perform, or breach of or delay in the performance of any of its obligations under the agreement, subject to the Seller confirming such costs, charges and losses to the Buyer in writing.
h. By accessing or using these telemarketing services, you agree to defend, indemnify and hold harmless the Seller and its Affiliates and their respective directors, officers, employees, agents, providers, representatives and licensors from against all claims, losses, costs and expenses including without limitation lawyer’s fees and cost arising out of any of any third party claims, any claims arising out of an breach or violation of these Terms by you and or any other matter regarding your usage of the Site and/ or the tele marketing services. services including any claims by the tele marketing executives arising out of acts or omissions or statements attributable to you.
i. Seller may notify you of any claims which you shall be liable to indemnify Seller against. You shall then be required to consult with Seller regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Seller without the express prior written consent of Seller which can be withheld or denied or made conditional by Seller at its sole discretion.
GOVERNING LAW AND JURISDICTION
a. This agreement shall be governed by and construed in accordance with the laws and regulations of India.
b. Any dispute, controversy or claim arising out of or in connection with this agreement shall be settled amicably by the Parties in good faith by whatever means the Parties deem appropriate. If the Parties cannot themselves resolve any such dispute between them within 30 days from the time the dispute arose, initial resort shall be had to private conciliation or mediation in a form agreed by the Parties. If within 60 days after the dispute has arisen a satisfactory private conciliation or mediation process has not been agreed upon by the Parties, or if within 90 days after the dispute has been submitted for private conciliation or mediation it has not been resolved to the satisfaction of the Parties, the dispute shall be referred to and finally settled in Arbitration. The seat of Arbitration proceedings shall be in Mumbai and the Arbitration will be subject to the rules and regulations of the Indian Arbitration Act as amended from time to time. The sole arbitrator shall be appointed in mutual consultation by the Parties. In the event Parties are unable to agree on a sole arbitrator, each party shall appoint an arbitrator each, who will then appoint the third arbitrator. The provisions of this clause shall survive the termination of this agreement. Each Party shall bear its own costs; all common costs shall be shared equally by both the Parties. The language of the arbitration proceedings shall be English.
c. The parties shall also be willing to the arbitration being conducted through online mechanisms such as CODR.
a. These Terms shall be construed and be the governing agreement for any Users use of the Site and will continue to apply until terminated by either Buyer or Seller as set forth below. If you want to terminate your agreement with Seller.
b. If either of the parties hereto (the “defaulting party”) commits a breach or default in performance or observance of its material obligations, covenants or warranties under this agreement then non-defaulting party may terminate this agreement forthwith.
c. This agreement may be terminated by either party (the “terminating party”) forthwith if:
d. Without prejudice to the rights of the parties to terminate this agreement forthwith as provided above, either party may terminate the agreement without assigning any reason and without being liable for any damage by providing 30 days’ notice
e. Assignment: You cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Seller reserves the right to freely assign and/or transfer its rights and/ or obligations under the agreement to any third parties without the requirement of seeking your prior consent. Seller may inform you of such assignment or transfer in accordance with the notice requirements under the agreement. Seller reserves the right to transfer Your Account and Account Information to a third party who purchases Seller business as conducted under the Site.
f. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the agreement shall continue in full force and effect. Seller may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.
g. Waiver: Any failure or delay by a party to enforce or exercise any provision of the agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
h. Principal to Principal Relationship: You and Seller are independent contractors, and nothing in these Terms will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Seller. As an abundant caution, it is clarified that Seller shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Seller have entered this agreement on principal to principal basis.
i. Force Majeure: If performance of any service or obligation under these Terms or other agreement by Seller is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment centre, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Seller or its third parties performing such services as sub-contractor to Seller and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Seller shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Seller shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
This Return Policy (“Return Policy”) is supplemental to the Terms of Sale and other Terms as provided on the Site. This Return Policy shall always be a part and parcel of the Terms and shall govern any and all requests made by any Buyer for return/replacement any of the product ordered by such user and delivered to such user (“Product”) using the site.
a. A Buyer may raise a return/replacement request for one of the following reasons:
b. A Buyer must raise a return request for any of the issues within 3 days of the receipt of delivery. The Return request can be placed by calling the telemarketer and/or in such other manner as may be prescribed from time to time.
c. At the time of raising a dispute, the Buyer will be required to provide documents/ proof in support of the claim, which include without limitation, images of the returned product(s) indicating the issue in the shipment received. The images need to clearly capture the following:
d. For any apparent defect or damages, Seller shall register the return request and arrange for a pick up off the damaged product within such timelines as applicable. You must return the product to the pick-up executive of Seller, the details of which executive along with the applicable pick up time will be intimated to you in advance.
e. If few instances, Seller may request you the dispose of the off the Product, in which case you must dispose it off in compliance with the applicable laws ensuring that no human being and/or the environment is harmed.
f. In case of approved returns, refund will be initiated to you and/or a replacement product will be sent to you in such timelines as may be applicable and as communicated to you. However these timelines are not stringent and may vary without prior intimation. Please note that there are few products which may not be returnable. You are requested to visit the website to understand the applicability of the policy.
g. You must note that Seller reserves a right to dispute the return of any shipment and/or return the monies paid by you. Upon receipt of shipment from you, we can raise a dispute with respect to the shipment within seventy-two (72) hours from receipt of the same, failing which it shall be deemed as accepted by us without any damage or fault.
h. In case a dispute is raised by Seller, we will reasonably communicate with you the reasons for such dispute and shall conduct an investigation in to the damage at our cost and expense. We may also appoint external entities at our cost to conduct the investigation. In the event the investigation results to indicate a default by You in handling the order, which results in to a damage, you will be required to pay Seller for all the costs incurred by Seller in the investigation. You agree to indemnify Seller and all its third party service providers against the damages and losses incurred because of such investigation.