Please read these conditions carefully before using the ganeshbookstore.com website. By using the ganeshbookstore.com website, you signify your agreement to be bound by these conditions.

Ganesh Book Store – Customer services agreement

This document is an electronic record in terms of Information Technology (Amendment) Act, 2008 including all its amendments and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures. This forms and integral part of the Terms and Conditions, Privacy Policy and FAQs as mentioned on the website.

E-COMMERCE SERVICES AGREEMENT

This E-Commerce Services Agreement (hereinafter referred to as “Agreement”) is made on the day of your acceptance of this Agreement from your designated electronic mail address or in any other form of electronic record including, if applicable or provided, clicking on the check box or “I Agree” / “Accept” button or by any other means which construe your acceptance of this Agreement (“Execution Date”) by and between

You, a natural or juristic person competent to enter into valid and legally binding contract under applicable Indian laws inter alia, a person of legally sound mind, not adjudicated bankrupt and equal to or more than 18 years of age on the Execution Date. If You are a juristic person then the person accepting this Agreement represents that such person is duly authorized by You to bind You to this Agreement and the designated electronic mail address is valid and subsisting and allotted by You to such person (hereinafter referred to as “Customer/s” which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns), of One Part;

Customer and Service Provider shall hereinafter be individually referred to as “Party” and collectively as “Parties”.

Whereas,

1. Customer is a person who is desirous of purchasing products for a consideration from the online platform of the service provider which is sourced by the Service Provider from certain Merchants’.
2. Merchant is inter alia engaged in the business of developing and/or manufacturing and/or selling various products in the Territory (“Business”);
   
3. Service Provider is inter alia in the business of developing and operating e-commerce businesses for independent third party retailers, wholesalers and manufacturers (“Merchants”) and providing for those Merchants the Service Provider’s proprietary technology, website, order processing capabilities, customer service capabilities, ,invoicing and payment management to enable Merchants to offer their products through e-commerce to their customers and such services include Platform Services (as defined hereunder) and Transaction Support Services (as defined hereunder) (“Service Provider Business”);
   
4. Service Provider has made and is in the process of making substantial investment both monetary, knowhow and otherwise to establish its trade name among consumers and Merchants so as to create a retail image connoting a specific manner in which products can be presented on and sold through the Platform;
   
5. The Parties wish to enter into this Agreement to document and record their mutual understandings and agreements in relation to the terms and conditions on which Service Provider shall make available products to the Customer;
   
6. These recitals shall form part of the Agreement.

Now therefore, in consideration of the mutual promises and other consideration, the sufficiency of which is acknowledged, the Parties, intending to be legally bound, agree as follows:

1. DEFINITIONS :

“Affiliate” shall mean, with respect to each Party, any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with a Party. “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person/entity or otherwise controlling the other.

“Brand” or “Brand Name” shall mean “Ganesh Book Store” or “Ganesh Book Store” or “ganeshbookstore.com” or Ganesh Book Store Logo or any Trademark or Registered mark owner or to be owned by the Service Provider or such other successor or replacement brand name / trade mark / service mark as may be decided by the Service Provider.

“Confidential Information” means and includes any and all information which is confidential to a Party including any (i) business information and business processes, (ii) any samples, formulations, specifications, and quality control processes and procedures, (iii) advertising and marketing plans, (iv) any past, current or proposed development projects or plans for future development work, (v) technical, marketing, financial and commercial information whether relating to past or current or future, (vi) the commercial and business affairs of a Party, (vi) all customer related information including any rates and discounts and (vii) and with respect to the Service Provider shall include the End Customer Database.

 “End Customer” shall mean Customers to whom Merchant offers to sell or sells or from whom Merchant receives offers to purchase the Products through the Platform of the Service Provider.

“End Customer Database” shall mean all data / information (as may be updated from time to time) about the persons/ entities including their names, addresses, contact details, queries, orders and other requests made available by such persons / entities on the Platform or otherwise captured by the Platform that shall further include the usage, behaviour, trends and other statistical information / data relating to such persons / entities, who (i) access the Platform or otherwise get invitation to the Platform or correspond with the Platform, (ii) place any order for Products on the Platform, or (iii) send any enquiry/ request with respect to the Platform, and shall include all analysis and records based on such aforementioned information, including the spending and other patterns of such persons/entitles and Products. For the avoidance of doubt, any list, description or other grouping of consumers or customers or any derivative work from End Customer Database shall be deemed to be End Customer Database.

“Products” shall mean the School Education Textbooks, School Education Notebooks, Workbooks and Worksheets, School Stationery and Supplies including but not restricted to pencil/pen, sharpener, eraser, ruler/scale or any other product listed by the Merchant and approved by the Service Provider on the platform.

“Intellectual Property” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, domain names, designs, utility models, tools, , models, methods, copyright (including all copyright in any designs and any moral rights), masks rights, design right, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. The End Customer Database shall be considered to be the Intellectual Property of the Service Provider.

“Intellectual Property Rights” means and includes (i) all rights, title or interest under any statute or under common law or under customary usage including in any Intellectual Property or any similar right, anywhere in the world, whether negotiable or not and whether registerable or not, (ii) any licenses, permissions and grants in Intellectual Property (iii) applications for any of the foregoing and the right to apply for them in any part of the world and (iv) all extensions and renewals thereto.

“Payment Facilitation Services” shall mean facilitating the receipt of Sale Price on the Platform either along with Platform Services, any or all Transactional Support Service Charges or otherwise.

“Platform” shall mean the website “ganeshbookstore.com” or with a top level domain or a second level domain name / uniform resource locator (URL) bearing the Brand Name with any top level domain name whether presently available for registration or made available for registration at any future date.

“Platform Services” internet based electronic platform in the form of an intermediary to facilitate sale and purchase of products through Platform.

“Product(s)” shall mean any and all products of the Merchant for which Service Provider makes available Service Provider Business to the Merchant.

“Sale Price” shall be the price at which the Products are offered for sale on the Platform by using Platform Services to the End Customer. Parties agree that Sale Price is dynamic and volatile and may vary at different times and points of sale and therefore can be periodically and from time to time changed or revised by the Service Provider and Merchant in accordance with the terms of this Agreement, subject to final approval by the Service Provider.

“School” includes pre-primary, primary, secondary and high school following or affiliated with CBSE, ICSE, IGCSE, IB or any such board or any other institutions/coaching classes or other ad-hoc institution whether affiliated with any other board or not.

“Service Provider Content” shall mean the Platform, all the pages of the Platform, all the content contained in the Platform (excluding any third party content and advertisements), look and feel of the Platform, any and all information or content owned or controlled (e.g. by license or otherwise) by Service Provider or its Affiliates, including text, images, graphics, photographs, notifications, offers, schemes, video and audio, and furnished by Service Provider or its Affiliates in connection with Platform Services, Transaction Support Services, Payment Facilitation Services and for the purpose of offering for sale of Products/Products on the Platform.

“Shipping Charges” or “Product Handling Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.

“Term” shall have the meaning as set out further in this Agreement.

“Territory” shall mean the entire country (India) however shall only include such places where the pickup and delivery of the products shall be serviceable based on Pincodes.

“Transaction Support Services” shall include services in relation to support the sale of the products by the Merchant to End Customer which shall include product listings, providing Packaging material as per the specifications of the Service Provider, logistics management or Shipping services, Product handling Service, Payment Facilitation Services, online customer support services and any other additional services that may be agreed between the parties at an extra cost.

2. INTERPRETATION

In this Agreement, unless the context otherwise requires:

(i) Words importing persons or parties shall include natural person, entity, partnership firm, organization, Company, HUF, LLP, joint venture, trust, limited organization, unlimited organization or any other organization having legal capacity;

(ii) Words importing the singular shall include the plural and vice versa, where the context so requires;

(iii) References to any law shall include such law as from time to time enacted, amended, supplemented or re-enacted;

(iv) Reference to one gender shall include a reference to the other genders;

(v) References to the words “include” or “including” shall be construed without limitation;

(vi) References to this Agreement or any other agreement, deed, instrument or document shall be construed as a reference to this Agreement , such other agreement, deed, instrument or document as the same may from time to time be amended, varied, supplemented or novated in accordance with the terms of this Agreement;

(vii) The headings and titles in this Agreement are indicative and shall not be deemed part thereof or be taken into consideration in the interpretation or construction of this Agreement;

(viii) The word ‘written’ shall include writing in electronic form and ‘signed’ shall include electronic signature or any other electronic communication which signifies the sender’s or originator’s intention to be bound by such electronic communication.

3. SERVICES

3.1 The Customer/End Customer avails the Service Provider business and Service Provider accepts such appointment to make available the Products to them and in accordance with the terms of this Agreement and in accordance with various Platform rules, Terms, FAQs and policies including privacy policy as updated by the Service Provider on the website..

3.1 Service Provider in its sole and absolute discretion may refuse to provide any one or more of the Service Provider Business including Platform, Platform Services, Payment Facilitation Services, Transactional Support Service, Products, for any reason whatsoever and especially if providing such Service Provider Business to the End User/Customer can be detrimental to the reputation, goodwill and competitiveness of Service Provider or could cause any breach of any contractual commitments of the Service Provider and cause Service Provider to breach any applicable laws and/or where the End User/Customer has for any reason(s) caused or attempt to cause loss to the reputation of Service Provider or cause prejudice to the business of the Service Provider.

3.3 In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any Commercial Terms thereto, the terms of this Agreement shall prevail to the extent of such conflict or inconsistency.

4. ADVERTISING, MARKETING AND SALES PROMOTION

4.1 Service Provider as the proprietor and owner of the Platform and Platform Services and rights holder of the Brand Name may at its sole discretion carry out advertising and marketing activities in relation to promotion of the Platform, Platform Services, Logo and Brand Name in any manner and to any extent as may be deemed fit by the Service Provider and for such purposes may engage in certain sales promotion activities to increase the sales of Products on the Platform for which the Customer shall have no objection nor create any hindrance or obstruction for the Service Provider. 

4.2 Service Provider may at its sole and absolute discretion on reasonable commercial efforts market, promote or advertise the Products made available for sale by Merchant on the Platform in compliance with this Agreement.

4.3 Service Provider reserves the right to send offers, updates, notifications, news, promotional advertisement and likes given by Ganesh Book Store or any Third Party/agencies to the Customer by e-mail or any other mode as the Service provider deems fit.

4.4 Service Provider shall be solely responsible at Service Provider’s sole discretion to sell or license any and all advertising and promotional time and space with respect to Platform including web-pages or such portions of the Platform that contains the details of the Products. The advertisement and promotions on any part of the Platform may include video advertising, display/banner/text advertisements, including but not limited to leader-board, roadblock, hyperlink, page branding, framing, widgets, popups, pop-under, network advertisements (for the sake of example, Google AdSense) available on the Platform. Service Provider shall have the sole right and discretion to decide the style, placement and format of the advertisement and promotion and the price and/or any other consideration, if any, for the sale and license of such advertisement and promotion.

5. END CUSTOMER DATABASE

5.1 The End Customer Database shall be proprietary to the Service Provider. Service Provider shall alone retain all rights including all Intellectual Property Rights in the End Customer Database and unless specifically agreed to in writing by the Service Provider, no rights in or to the End Customer Database are deemed to have been granted to the Merchant. To the extent Merchant derives any rights in the End Customer Database by virtue of it undertaking the Merchant Business the Merchant shall hold such rights in trust for Service Provider and the Merchant shall do and undertake all such acts to exclusively assign such rights in the End Customer Database to the Service Provider. The parties further agrees that (a) all the End Customer Database shall be treated as Confidential Information of the Service Provider for the purposes of this Agreement; (b) Service Provider being the owner and proprietor of the End Customer Database shall be entitled to use, store and exploit the same in any manner as may be deem fit by the Service Provider and in accordance with Service Provider’s privacy policy as provided on the Platform from time to time; (c) Service Provider is not in the business of selling the Customer information and database to any third party/person as it is vital and confidential to the Service Provider’s business and (d) Merchant shall not use the End Customer Database other than selling the Products by availing Service Provider Business or required under law and shall in no way sell, transfer or otherwise exploit the End Customer Database without the express written consent of the Service Provider.

6. OBLIGATIONS AND RIGHTS OF SERVICE PROVIDER AND CUSTOMER:

6.1 Service Provider shall reasonably maintain the Platform and Platform Services and shall on reasonable efforts basis provide Transaction Support Services.

6.2 Service Provider shall reasonably maintain the registration of domain name in relation to the Platform during the Term at its own costs free from any and all encumbrances, including encumbrances which may lead to any adverse effect on Service Provider’s registration of the domain name or its use of the Platform.

6.3 In order to process payments made by End Customers and to generally provide Payment Facilitation Services, Service Provider shall reasonably maintain appropriate contracts with payment gateway agencies and shall comply with the applicable laws.

6.4 The Customer agrees and expressly understands that Service Provider is only providing delivery of Products to the Customer sourcing products from the Merchants. Service Provider assumes no responsibility or liability for the quality, quantity or specification(s) or design or price or any incorrect or erroneous or inadvertent purchase of Products from the platform of the Service Provider. 

6.5 The Service Provider is only bridging the gap between the Merchant and the Customer.

6.6 The Customer agrees that in case some of the Products are not available due to any reason or reason(s) beyond the control of the Service Provider, then the Customer shall not hold the Service Provider liable or responsible for the same and the Service Provider shall be liable or responsible for refunds of the Amount paid by the Customer.

6.7 The Customer agrees that the Service Provider shall take all the efforts to have timely delivery of the Products, however for any reasons due to riot, flood, tempest, or civil unrest, earthquake or due any calamity (partially or otherwise) or for any unforeseeable event or circumstance(s) which are beyond the control or power of the Service Provider then the Customer shall not hold or make the Service Provider responsible or liable for non-delivery or belated delivery and shall not be liable or responsible for any damages.

6.8 The Customer agrees and confirms that in case of any return, replacement or exchange, the Customer shall read the Cancellation and Refund Policy available on www.ganeshbookstore.com. However, if any Products which it purchased was due to inadvertence or a incorrect Products have been delivered, the Customer shall hold an entire videographic proof and evidence, since unpacking the product received, of the defective, incorrect and inadvertent purchase and inform the Service Provider and follow the procedure so provided for exchange of Products, but the same shall be at the discretion of the Service Provider from time to time with such extra costs as may be decided by the Service Provider. The Customer shall not make the Service Provider liable or responsible for any damages for any reason(s) or reason whatsoever.

6.9 The Customer shall not use the website or post or cause to post any comments, reviews, ideas, questions or any other information on this website or other platforms or any other forum (online or offline) which is illegal or unlawful or obscene or abusive or harming of intellectual property or defamatory or libellous or intimidating or threatening or coercing or doesnot consist of or contains software viruses, political campaigning, mass mailings, spam or any other manner which prejudices or lowers the reputation of the Service Provider in the eyes of general public or creates an perception which tends to lower the image of Service Provider or gives an advantage to its competitors or in any manner maligns the reputation or image or affects the business of the Service Provider.

6.10 The Customer agrees and acknowledges that the Service Provider, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the it without any prior intimation to Customer in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Ganesh Book Store Website or any other case as the Service Provider deems fit. In such an event, the Service Provider reserves the right to forthwith remove/close the online store without any prior intimation or liability to the Customer.

6.11 The Customer shall not hold the Service Provider liable or responsible for temporary glitch, downtime, website maintenance, occasional suspension or temporararily the Platform not being available or being viewed on a particular device.

6.12 The Customer agree and acknowledges that the Service Provider is only a facilitator and is not and cannot be a party to, or control in any manner, any transaction on the website. Accordingly, the contract or terms of sale of product on the website shall be strictly bipartite between the customer and the Merchants on ganeshbookstore.com the Terms of which shall be available on the website. However the Service Provider shall be liable to settle any queries raised by the Customers for any short or defective product by coordinating with the Merchants and responding and settling the chargeback raised by the Customers.

6.13 Generally for any reason or reason(s) the Customer unconditionally and unequivocally agree that the Customer shall not hold the Service Provider liable or responsible for any damages for any act, deed or omission attributable to the act, deed or omission on the part of Merchant or for any reason which are beyond the power or control of the Service Provider.

6.14 Service Provider reserves the right to provide, amend, delete and display necessary disclaimers, privacy policy, FAQs and terms of use on Ganesh Book Store and portal.

6.15 Service provider engaging in the business of e-commerce, holds a right to employ and engage Third Parties viz., Payment Gateway Entities, Transport Agencies, Courier Entities,  Logistic aggregators, product handling agencies, storage and warehouse agents and likes to perform and assist in the Service Provider business and the Customer have no objection in such regards.

6.16 At any time if the Service Provider believes that the services are being utilized by the Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of Ganesh Book Store Shopping/ ganeshbookstore.com, the Service Provider shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, without liability to refund the amount to the Customer and to forthwith remove/block/close the customer’s account.

6.17 Service Provider has a No Cancellation and Refund Policy for its custome₹However in certain cases like, but not limited to, non-delivery of the products, duplicate order placed or cancellation of an order placed, the Service Provider reserves the right to refund the amount to its Customers, at its discretion, after deduction of refund processing charges and administration/handling charges as per the Cancellation and Refund Policy.

6.18 Service Provider specifically disclaims any and all express or implied warranties with respect to the Platform, Platform Services and Payment facilitation services and these are provided on ‘as-is’ basis and subject to availability or subject to accessibility to any particular area of residence or place of business of the Customer. Service Provider reserves right to refuse delivery of Products to a particular area at its sole and absolute discretion.

6.19 The Service Provider reserves the right to refuse access to website, customer account, terminate customer accounts, remove or edit content on the website.

6.20 The Service Provider and its portal doesnot support Business to Business (B2B) tax credit benefits on Ganesh Book Store with GSTIN.

7. INTELLECTUAL PROPERTY :

7.1 Intellectual Property Rights In Relation To Brand Name

• Customer acknowledges Service Provider’s absolute ownership of, interest in and rights to the Brand Name, Logo and the Platform.
• Without limitation to the foregoing, Customer acknowledges and agrees that all goodwill in or associated with the Brand Name, including any goodwill generated or arising by or through Service Provider’s activities pursuant to this Agreement shall accrue for the benefit of and shall belong exclusively to the Service Provider.
• No right or interest in the Brand Name are granted or deemed to be granted by the Service Provider to the Customer and that the Customer shall not promote, advertise, exploit, sell, duplicate, distribute or otherwise the Brand Name, Logo and the Platform, wither in whole or part, owned by the Service Provider in any manner whatsoever.

8. CONFIDENTIALITY :

8.1 Each Party may disclose to each other such Confidential Information as may be necessary to further the performance of this Agreement.

8.2 The receiving Party undertakes to the disclosing Party: (i) to keep confidential the disclosing Party’s Confidential Information; (ii) not to disclose the Confidential Information in whole or in part to any other person without the disclosing Party’s prior written consent, except to the receiving Party’s employees, agents and subcontractors involved in the performance of this Agreement on a confidential and need to know basis and provided that employees, agents and sub-contractors are bound by written agreements of confidentiality which are at least as stringent as the provisions of this Agreement; and (iii) to use the Confidential Information solely in connection with the performance of this Agreement.

8.3 The aforementioned confidentiality obligations shall not extend to Confidential Information which: (i) has ceased to be confidential without default on the part of the receiving Party; (ii) has been received from a third party who did not receive it in confidence; (iii) the receiving Party is required by any court, government or other regulatory body to disclose, but only to the extent required by law, provided that the receiving Party gives the disclosing Party written notice as soon as practicable of such requirement and consult in good faith the disclosing party on the content and manner of any disclosure.

8.4 Upon request by the disclosing Party, the receiving Party must deliver to the disclosing Party all documents and other materials in any medium in its possession or control which contain or refer to the disclosing Party’s Confidential Information. If the documents or other materials are not capable of being returned, the receiving Party must destroy and certify the destruction of such documents and materials to the reasonable satisfaction of the Disclosing Party.

8.5 Customer’s personal / sensitive personal data / information shall be governed by the Privacy Policy of the Platform, which terms (including all amendments, modifications, reinstatements and substitutions) shall be deemed to be incorporated herein by way of reference.  The Customer shall have no objection whatsoever to share the data so fed/inserted on the platform or website of the Service Provider to the Service Provider and shall not claim any breach of privacy law and for that reason the Service Provider shall not be liable or responsible for committing breach of privacy law(s). The Service Provider shall share such information as has been received by the Customers to the Merchants as may be required or demanded for by the Merchant or its delivery agencies or such persons associated with delivery of ultimate Products to the Customers and for that reason the Service Provider shall not assume any liability or responsibility for any breach for any reasons whatsoever. 

9. TERM OF AGREEMENT

9.1 This Agreement shall commence on the Effective Date and shall be valid until termination. (“Term”).

9.2 The Service Provider shall have the right to terminate this Agreement any time and all then existing Commercial Terms without prior notice of termination without any additional obligations or liabilities to the Customer.

9.3 Upon Termination or on breach of any terms of this Agreement, the Customer shall not claim any damages liquidated or otherwise against the Service Provider and the maximum liability of the Customer or any person claiming under them or him shall be maximum of ₹200/- (Rupees Two Hundred Only) and the Customer agrees not to claim any damages in any forum against the Service Provider of more than ₹200/-.

10. GOVERNING LAW

This Agreement shall be governed by the laws of India without giving effect to its principles of conflict of laws.

11. SEVERABILITY:

It is the intent of the Parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.

12. WAIVER:

Except as expressly provided in this Agreement, no waiver of any provision of this Agreement shall be effective unless set forth in a written instrument signed by the Party waiving such provision. No failure or delay by a Party in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by a Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any preceding or subsequent breach of that or any other provision hereof.

13. FORCE MAJEURE:

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.

14. JUSRISDICTION:

The Courts at Mumbai, Maharashtra alone shall have exclusive jurisdiction to try and entertain all disputes arising between the parties hereunder.

15. AMENDEMENTS:

This Agreement, the terms and conditions as stated herein, shall be subject to change and modification in the subsequent course of event and in future. The Service provider reserves the right to amend, modify and add clauses, terms and conditions in this agreement, policies and other FAQs as available on the website. The Parties thereby agree to accept such incorporated changes made in the same in future and adopts, agrees and accepts such changes so then made and it shall apply to orders previously placed by the Customer.

16. INDEMNITY:

The Customer shall indemnify and hold harmless the Service Provider, its subsidiaries, affiliates and their respective officers, partners, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of any Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release the Service Provider and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the merchants and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

17. NOTICE:-

The Customer can contact the Service Provider on the communication details as mentioned on ganeshbookstore.com or as mentioned below for any objections, claims, violation of terms of this agreement, product complaints, requests or feedback to the registered office at

Or by email on :- [email protected]

Conditions of Sale (between Merchants and the Customer)

Please read these conditions carefully before placing an order for any products with the Merchants ("We" or "Our" or "Us", wherever applicable) on the ganeshbookstore.com (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future ganeshbookstore.com services, you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms").

1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

2. Our Contract

Your order is an offer to us to buy the product(s). When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (herein referred to as "Order Confirmation E-mail"). 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, on receipt of payment and when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (herein referred to as "Dispatch Confirmation E-mail").

Your contract is with us (the Merchants) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

3. Returns

You cannot cancel your order for a product ordered by you. We have a No return and No Refund Policy. Products once sold cannot be returned. However replacement of product is possible only upon fulfillment and adherence to Terms and procedure as stated and agreed by you with Ganesh Book Store.

4. Pricing and availability

We list available information for products sold by us on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that and they are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable. In case of any product being out-of-stock, we shall make the non-delivered products available at your doorstep or directly at school.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.

5. Taxes

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 VAT/CST, service tax, GST, duties and cesses etc.

6. Children

Use of ganeshbookstore.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

7. Communications

When you visit ganeshbookstore.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. 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.

8. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of products by us to you was formed.

9. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, terms and conditions, Agreements and these Conditions of Sale at any time. You will be subject to the policies, terms and conditions, Agreements and Conditions of Sale in force at the time you order products from us.

10. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

11. Liability

Our Liability shall be limited and restricted upto the Order Amount, in case of any dispute and no other cost/charges/penalty/legal expenses or of whatsoever nature shall be paid by us in any scenario.

12. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

13. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.