STANDARD TERMS OF SALE

THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS 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.

THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.

In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.ripino.com and mobile application under the name and style "Ripino" (the Website) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Ripino Private Limited ("Ripino") which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER POLICIES OF THE WEBSITE. SELLER MAY INCLUDE ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS OF SALE IN THE PRODUCT LISTING OR PRODUCT DESCRIPTION AS MADE AVAILABLE ON THE WEBSITE ('ADDITIONAL TERMS OF SALE'). IF THERE IS ANY CONFLICT BETWEEN THESE 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 SELLER DOES NOT AGREE WITH THESE TERMS OF SALE, PLEASE DO NOT LIST OF MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE WEBSITE AND 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 LISTED ON THE WEBSITE.

These Terms of Sale are not fixed and are subjected to revision at any time and hence both Buyers and Sellers are must carefully read these Terms of Sale from time to time before listing any Product or before purchasing any of the Products. The revised Terms of Sale will be made available time to time on the Website. You can determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided on the web page.

You are requested to pay visit regularly to the Website to see the most latest Terms of Sale. It shall be Your responsibility to verify these Terms of Sale time to time for modifications and Buyer should also check Additional Terms of Sale of the Seller on the Product listing. You might be asked to provide your particular consent to any updates in a specified way before any further use of the Website and associated services. If no separate consent is sought, your continued use of the Website following such modificationsand changes to the Website or these Terms of Sale will constitute your acceptance of such modifications.

1. Offer and Acceptance of the Product

The Seller hereby makes an offer for selling products listed by Seller on the Website and the Buyer upon agreeing for purchasing the Products so listed by the Seller hereby accepts such offer for selling by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. Ripino is not a third party beneficiary under such mutual contract. 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 for sale by the Seller is subjected to disclaimer by the Seller at any time before the delivery of the Product to the Buyer and without any obligation for assigning or providing any reason for such disclaimer and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that Ripino has the right of cancelling any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between Ripino on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

2. Product(s)

• Ripino respects the intellectual property rights of all entities. If you find that your intellectual property rights are getting violated in any way, please fill out and submit the Notice of Infringement of Intellectual Property Form.
• The availability of the Product under the offer of selling is subjected to change without notice prior to the purchase of the Product by the Buyer. However, there may be situations where the Product may not be available for delivery to the Buyer even after making of purchase transaction. In such an event, Seller may cancel or instruct Ripino to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to Ripino. If Buyer's order gets cancelled, after the payment has been processed, the said amount will be 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. Ripino shall have the sole discretion to determine the mode of reversal from the above options.
• With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
• Seller has the right to sell the Products to the Buyer on or through the Website;
• Buyer shall have and enjoy quiet possession of the Products;
• Products shall be free from any charge or encumbrance in favor of third party;
• Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
• Product shall meet the description and specifications as provided on the Website.

3. Pricing Information

·         The Selling Price of the Product is subjected to modification without any prior notice before the purchasing of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons, there might be errors in Selling Price of products which may be modified by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.

·         All prices are inclusive of VAT unless stated otherwise.

4. Delivery of the Product

·         There are different delivery models to deliver the purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the process of delivery shall be on the Seller and not on the Buyer. Seller must ensure that the Products being delivered must not be faulty and are exactly the Products which are advertised by the Seller on the Website and purchased by the Buyer and meet all descriptions and specifications listed on the Website.

·         Buyer's shipping address, pin code will be verified with the information saved in the database of Website before a Buyer proceed to make payment for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not provided in an area that is covered under the order confirmation form, Buyer can also provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.

·         Please note that there is no guaranteed dispatch time and any information about the dispatch time isa pure estimation only and should not be trusted upon as such. However, the Product will not be delivered to the Buyer until the Buyer makes the payment of the purchase of Product.

·         Buyer is bound to take delivery of the Products purchased by him/her that are in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Ripino for any loss of any fee or charges that Ripino and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Ripino and its third parties are not consequential or indirect.

·         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 after the delivery of Product.

5. Return Policy for Products

·         Buyer's Product related complainant for refund or replacement will the processed in accordance with the Policy available at http://www.Ripino.in. Both Buyer and Seller agree to this  Trust Policy. However, in the event of false or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.

·         Before accepting delivery of any Product, the Buyer shall reasonably make sure that the Product's packaging must not be damaged or tampered.

·         The return process of a Product may be subjected to additional terms depending on the nature and type of the Product. Any such additional terms may be listed on the Website or be intimated by the Seller at the time of purchase of the Product.

·         In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Ripino shall have the sole discretion to determine the mode of reversal from the above options.

·         Buyer agrees that if the returned Product is not accepted by the Seller then Ripino shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.

6. Cancellation of transaction / orders

Cancellation by Seller

There may be certain orders that Seller is not able to accept and has the right to cancel either by the Seller directly or Seller can askRipino to cancel such an order. Seller has the right, at its sole decision, to refuse or cancel any order for the product for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include:

·         Non-availability of the Product or

·         Quantities ordered by Buyer or

·         Inaccuracies or errors in pricing details

Seller may also need additional verifications or information before processing of any order. All such cancellation shall be without any alternative to Buyer and without any liability to the Seller or to Ripino. 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.

Ripino shall have the sole discretion of determining the mode of reversal from the above options.

In the event a promotional code given by Ripinois used for the buying of the Product, the amount under such promotional code shall not be refunded in case of cancellation of the order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Ripino for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.

Cancellation by the Buyer

In case of requests for order cancellations, Seller reserves the right of accepting or rejecting requests for cancellations of order for any reason whatsoever. If the Seller receives a cancellation notice and the order has not been processed, Seller can cancel the order and refund the complete amount to Buyer within an appropriate period of time. Seller will not be able to cancel the orders that have already been processed by the Seller. Buyer agrees not to make argument against the decision made by the Seller and accept Seller's decision regarding the cancellation.

Set-off of any benefits availed by the Buyer

In case the Buyer has been given any benefit under any marketing or promotions provided by Ripino in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Ripino to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.

7. Governing Law

These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for buyer’s benefit. It is not for the benefit of any other person, except for your successors and permitted assigns.

8. Disclaimer by Ripino

·         Ripino'srole is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. at no time shall Ripinohave any obligations or liabilities in respect of such contract nor shall Ripinohold any title in the products. the title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.

·         These terms of sale shall not amend or modify any agreements, contracts, terms or policies between the buyer or seller on one hand and Ripino on the other hand.

·         Ripino does not control, endorse or accept responsibility for any product offered by sellers accessible through the website or any related sites. Ripino makes no representations or warranties whatsoever about, and shall not be liable for, the seller or any such third parties, their products including representations relating to merchantability, appropriateness of a product or service for a specific purpose, and non-infringement of third party intellectual property rights. Any transactions that buyer may have with such third parties are at own risk of buyer. The products shall be subjected to seller's terms and conditions for warranty, service and maintenance, and Ripino does not accept any responsibility for the same. Ripino also does not accept any responsibility for the usage of the products by the buyer.

·         Ripino specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and Ripinoshall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchase confirmation order.

·         Ripino does not hold any responsibility or liability for the offer for sale or sale of the item by the Seller to the Buyer, its delivery, the warranty terms (if any) linked to the item and the return, refund or cancellation of purchase of any items.

·         Ripino does not warrant that the accuracy, appropriateness and validity of sale price provided by the Seller of an item. Any mistake in the sale price shall be exclusively attributed to the Seller and not to Ripino. Prices, Product description and availability of the Product are the responsibility of the Seller.

·         Buyer expressly admits that the Seller selling the defective item will be responsible to Buyer for any claims that Buyer may have in relation with such defective item and Ripino shall not in any way be held liable for the same.

·         Ripino shall not take any liability for the non-availability of the item or product, delivery of the Product directly by the Seller and the installation of the Product where needed.