1 DEFINITIONS 1.1 "Conditions" means the terms and conditions set out in this document, as amended from time to time and displayed on the Website in accordance with clause 9.8; "Contract" means the contract between GKB Mart and you for the sale and purchase of Goods in accordance with these Conditions; "Goods" means the goods (and associated services, if any) you are purchasing as set out in your Order; "Order" means your order for Goods, as set out in the GKB Mart order form on the Website; "Parties" means you and GKB MART; "Specification" means any specification for the Goods that is agreed by the Parties; "Stock" means Goods which are held and dispatched by GKB MART; "Warranty Period" means the relevant warranty period applying to the Goods; "we" means “GKB Mart”, a private limited liability company incorporated in India whose registered office is at 50, TIVIM Industrial Estate, Mapusa, Goa – 403526. "Website" means the GKB MART website located at www.gkbmart.com; "Working Days" means any day Monday to Saturday excluding bank and public holidays in India; "you" means the entity or legal person which purchases the Goods from GKB MART; and "GKB Mart” means manufacturing / trading Organisation of 50, TIVIM Industrial Estate, Mapusa, Goa – 403526, who own and operate the Website, and who perform fulfilment of supplies. 2 BASIS OF SALES 2.1 You acknowledge that: (a) all sales contemplated or concluded under these Conditions shall be on a business-to-business basis and that any Goods purchased hereunder are purchased for business purposes only. In particular, your attention is drawn to the provisions of Clause 5.4. (b) all Goods supplied under these Conditions shall be used for, and in the course of, a commercial business,. We reserve the right to reject/cancel Orders (as appropriate) in the event that we reasonably determine that Goods are being ordered for direct sale to end consumers. and (c) We may from time to time introduce minimum order volumes in respect of certain Goods and/or Orders, and we reserve the right to reject/cancel Orders (as appropriate) in the event that such minimum order volumes are not met. 2.2 Unless specifically agreed otherwise in writing by GKB MART, these Conditions shall apply to the Contract and shall be deemed to be incorporated into all Orders to the exclusion of any other terms or conditions which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. For the avoidance of doubt, only the Conditions that appear on the Website shall apply to Orders, 2.3 The information on the Website will always be the most current and accurate source of pricing and product information. 2.4 The Order is an offer by you to purchase the Goods in accordance with these Conditions, which we may accept or decline at our discretion. Please note that we cannot supply the Goods to any organisation which sell goods directly to the end consumers. 2.5 The Order shall only be deemed to be accepted by GKB MART when the Goods are dispatched to you, at which point the Contract shall come into existence and become binding upon you. 2.6 The Contract constitutes the entire agreement between you and GKB MART. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of GKB MART which is not set out in the Contract. 2.7 You are responsible for ensuring that the details provided in your Order are complete and accurate in all respects. 3 DESCRIPTION 3.1 Subject to Clause 2.3, the Goods are described in: the Website. 3.2 We reserve the right to make changes to the specification of Goods such as Diameter, Packing envelope and Packing Box etc., without affecting the required quality or application. 3.3 The measurements of the Goods including, without limitation, parameters such as size, capacity and weight are approximate only, and are as advised by GKB MART's suppliers and manufacturers. Such measurements are correct to GKB MART's knowledge, but may be subject to errors and omissions. If this happens, we will use reasonable efforts to supply you with a suitable alternative. On occasion, we may have to discontinue the supply of particular Goods without notice for reasons beyond our control. 3.4 Please note that the colour of any Goods illustrated is representative only due to limitations in manufacturing process. We disclaim, to the fullest extent permitted by law, any liability to you for any typographical, clerical, or other error, omission or mistake in sales materials, quotations, price lists, the Catalogue, the Website, invoices or any other documents we provide. Where any such error, omission or mistake has occurred, we reserve the right to withdraw the relevant Goods from sale immediately and/or cancel any unfulfilled Orders for the relevant Goods without liability to you. Please note that some Goods may be supplied with alternative labelling or packaging to that illustrated, but the Goods will be of a similar quality and price. 3.5 If you identify an error, mistake or omission, please let GKB MART’s Customer Care Centre know immediately. We will offer you the options of reconfirming the Order with appropriate changes, or alternatively allowing you to cancel the Order. If you decide to cancel your Order, we will refund or credit you with any sum that has been paid. 3.6 Order is deemed accepted by GKB Mart only on realisation of advance payment. Any requests for cancelling an Order where it is no longer required should be made to the GKB MART Customer Contact Centre before the actual despatch of Goods. In such case, advance amount shall get forefeited. 3.7 Order is automatically stands cancelled, if the advance payment is not made within 3 days of the order booked in web. Similarly, the final payment should be made within 3 days on notification of proforma being send through web. Failing which, the order is treated as cancelled and the advance paid shall get forefeited. 3.8 Where indicated, the Goods must be used as stipulated. In addition, it is your responsibility to check before purchasing that the Goods are suitable and safe for the people and purposes for which they will be used.
3.9 All Goods are subject to availability. If Goods are out of stock, we reserve the right to substitute equal or superior quality products to fulfil your Order and this will be highlighted in the proforma for final payment. If the substitute is unacceptable to you, we can either fulfil part orders which are available in stock and the balance immediately on availability of stock at our end. 4 DELIVERY AND RETURNS 4.1 We endeavour to dispatch Stock within three to five Working Days from the date of receipt of the final payment against our proforma, free of charge by road transportation. Direct delivery through courier / air is subject to delivery charges. All dates for delivery (Stock and Directs) are approximate only, and time shall not be of the essence in respect of delivery. Without prejudice to the foregoing, we shall not be liable for any delay in delivery of the Goods that is caused by events beyond our reasonable control, or your failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. Goods may also be delivered in advance of estimated delivery dates. 4.2 All deliveries will be despatched to the delivery address notified by you at the point of order on the Website. 4.3 We reserve the right to charge costs of carriage and a restocking fee of up to forty per cent (40%) of the value of the Goods, or a minimum fee of INR 1000, whichever is the greater, on any deliveries which are refused without a valid reason. 4.4 To notify GKB MART of discrepancies with an Order, or to request the return of any items, for replacement, exchange or refund, please contact the GKB MART Customer Care Centre with full details of the Order, and the reason for the return, within three (3) Working Days of delivery for Goods which are damaged or faulty (and/or Goods that have not been received, in whole or in part). 4.5 We will not accept the return of Goods without prior authorisation or where the returned Goods are unfit for re-sale, unless the Goods have been reported damaged or faulty in accordance with Clause 4.4 i.e within 3 working days. 4.6 We shall arrange to collect the goods, if the goods are rejected by you within 3 working days. 5 WARRANTY 5.1 GKB Mart offers an unconditional warranty for 3 days from the date of delivery of goods at your place subject to clause 4.4 & 4.5. 6 TITLE AND RISK The risk in the Goods shall pass to you after 3 days on delivering the goods at your place.. 7 PRICE AND PAYMENT 7.1 Subject to Clause 7.4, the price of the Goods shall be the price set out in the Website. The price shall get revised on regular basis. Customers are advised to check the price in website or mobile app on daily basis. 7.2 The price quoted in the website / mobile app is based on the standard market consumption pattern. Price shall change if the ordering pattern differs from the Standard Market consumption pattern. Such variation shall be duly communicated in the advance request document and the proforma for final payment. 7.3 Subject to clause 3.7, 30% advance to be made within 3 working days on submission of advance request document to your portal and the balance / final payment within 3 working days on submission of proforma to your portal. Customers are advised to check the portal regularly for any updation. 7.4 You can pay for the Goods using net banking / debit card or credit card / cheques. On compelling situation, we can accept cash also. In such case, please update in portal on your cash / cheque payment before handing over cheque or cash to our Customer care representative and get a valid receipt from them. 7.5 We may, by giving notice at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to any factor beyond GKB MART's control (including, without limitation, foreign exchange fluctuations, increases in taxes and duties, and increases in manufacturing costs). 7.6 The price of the Goods is quoted in INR. Statuatory taxes & duties such as Excise duty, VAT are extra as applicable. 8 LIABILITY 8.1 Nothing in these Conditions shall limit or exclude either Party's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or in respect of any matter where it would be unlawful to exclude or restrict liability. 8.2 Subject to Clause 8.1, we shall under no circumstances whatever be liable to you, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of goodwill, loss of revenue, or loss of anticipated savings (whether direct or indirect in each case) or for any indirect or consequential loss arising under or in connection with the Contract. 8.3 Subject to Clause 8.1, GKB MART's total aggregate liability arising under or in connection with the Contract, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equivalent to the price of the Goods purchased under the Contract. 9 GENERAL 9.1 Events Beyond our Reasonable Control. We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, Acts of God, strikes, lock-outs and other industrial disputes, failure of suppliers or contractors, breakdown of systems or network access, flood, fire, explosion or accident. 9.2 Data Protection and Freedom of Information. GKB MART will safeguard customer information. In order to improve our service, or for training purposes, calls to GKB MART may be recorded or monitored. 9.3 Copyright and Trademarks. Reproduction in whole or in part of these Conditions or sales materials and documentation (including the Catalogue and the Website) is strictly prohibited without the express written permission of GKB MART (as appropriate). All third party trade marks are published under licence or contract agreement. 9.5 Invalidity. If any part of these Conditions is unenforceable (including without limitation, any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions shall not be affected. 9.6 Waiver. A waiver of any right or remedy under the Contract or at law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 9.7 Third Party Rights. A person who is not a party to the Contract shall not have any rights to enforce its terms. 9.8 Variation. We may vary these Conditions from time to time, so you should refer to the Website, www.gkbmart.com before ordering to see if any changes have been made to them. 9.9 Governing Law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by Indian law and subject to Goa jurisdication.