Please read these conditions carefully before using Sigaram Mart Marketplace Services. By using Sigaram Mart Marketplace Services, you signify your agreement to be bound by these conditions. We offer a wide range of Sigaram Mart Marketplace Services, and sometimes additional terms may apply. When you use an Sigaram Mart Marketplace Service (for example Your Profile, Gift Cards or Sigaram Mart Marketplace applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Sigaram Mart Marketplace Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Sigaram Mart Marketplace Services, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you use any Sigaram Mart Marketplace Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Sigaram Mart Marketplace Services, such as our Message Centre. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. COPYRIGHT, AUTHORS RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Sigaram Mart Marketplace Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Sigaram Mart Marketplace or its content suppliers and is protected by India and international copyright, authors rights and database right laws. The compilation of all content included in or made available through any Sigaram Mart Marketplace Service is the exclusive property of Sigaram Mart Marketplace and is protected by India and international copyright and database right laws. You may not extract and/or re-utilise parts of the content of any Sigaram Mart Marketplace Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Sigaram Mart Marketplace Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Sigaram Mart Marketplace Service (e.g. our prices and product listings) without our express written consent.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sigaram Mart Marketplace Service are trademarks or trade dress of Sigaram Mart Marketplace. Sigaram Mart Marketplace trademarks and trade dress may not be used in connection with any product or service that is not Sigaram Mart Marketplace, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Sigaram Mart Marketplace. All other trademarks not owned by Sigaram Mart Marketplace that appear in any Sigaram Mart Marketplace Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sigaram Mart Marketplace.
One or more patents owned by Sigaram Mart Marketplace apply to the Sigaram Mart Marketplace Services and to the features and services accessible via the Sigaram Mart Marketplace Services. Portions of the Sigaram Mart Marketplace Services operate under license of one or more patents.
6. LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Sigaram Mart Marketplace or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Sigaram Mart Marketplace Services. This licence does not include any resale or commercial use of any Sigaram Mart Marketplace Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sigaram Mart Marketplace Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sigaram Mart Marketplace or its licensors, suppliers, publishers, rights holders, or other content providers. No Sigaram Mart Marketplace Service, nor any part of any Sigaram Mart Marketplace Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Sigaram Mart Marketplace without our express written consent. You may not use any meta tags or any other “hidden text” utilising Sigaram Mart Marketplace names or trademarks without our express written consent. You may not misuse the Sigaram Mart Marketplace Services. You may use the Sigaram Mart Marketplace Services only as permitted by law. The licences granted by Sigaram Mart Marketplace terminate if you do not comply with these Conditions of Use or any Service Terms.
7. YOUR ACCOUNT
If you use any Sigaram Mart Marketplace Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website. You must not use any Sigaram Mart Marketplace Service:
(i)in any way that causes, or is likely to cause, any Sigaram Mart Marketplace Service, or any access to it to be interrupted, damaged or impaired in any way, or
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Sigaram Mart Marketplace Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Sigaram Mart Marketplace Service, please notify us by completing and submitting the appropriate Notice Form and we will respond. If you post content or submit material, and unless we indicate otherwise, you grant:
(a) Sigaram Mart Marketplace a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Sigaram Mart Marketplace, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Sigaram Mart Marketplace including the execution of deeds and documents, at our request. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted
(i) the content and material is accurate; and
(ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Sigaram Mart Marketplace for all claims brought by a third party against Sigaram Mart Marketplace arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
9. INTELLECTUAL PROPERTY CLAIMS
Sigaram Mart Marketplace respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us.
10. OTHER BUSINESS
Parties other than Sigaram Mart Marketplace operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Sigaram Mart Marketplace does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
11. ANSIO MARKETPLACE ROLE
Sigaram Mart Marketplace allows third party sellers to list and sell their products at Sigaram Mart.co.in. In each such case this is indicated on the respective product detail page. While Sigaram Mart Marketplace helps facilitate transactions that are carried out on the Sigaram Mart Marketplace Marketplace, Sigaram Mart Marketplace is neither the buyer nor the seller of the sellers items. Sigaram Mart Marketplace provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Sigaram Mart Marketplace is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the sellers agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Sigaram Mart Marketplace wants the buyer to have a safer buying experience, Sigaram Mart Marketplace provides a guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on Sigaram Mart.co.in see the Participation Agreement.
12. OUR LIABILITY
We will do our utmost to ensure that availability of the Sigaram Mart Marketplace Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Sigaram Mart Marketplace Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Sigaram Mart Marketplace will not be responsible for
(i) losses that were not caused by any breach on our part, or
(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
(iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Sigaram Mart Marketplace Services.
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 legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
13. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Republic of India, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the courts of the state of Tamilnadu. If you would like to bring a matter to our attention, please contact us.
14. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Sigaram Mart Marketplace Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Sigaram Mart Marketplace Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use 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 of Use.
We do not sell products for purchase by children. We sell children products for purchase by adults. If you are under 18 you may use the Sigaram Mart Marketplace Services only with the involvement of a parent or guardian.
17. OUR CONTACT DETAILS
This website is owned and maintained by Sigaram Mart Marketplace India. You can contact us via our website.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement. Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Sigaram Mart Marketplace the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Sigaram Mart Marketplace for all claims brought by a third party against Sigaram Mart Marketplace arising out of or in connection with the submission of a Notice Form. Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Sigaram Mart.co.in and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings Important Warning: giving false, misleading or inaccurate information in the Notice Form to Sigaram Mart Marketplace may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
19. NOTICE AND PROCEDURE FOR NOTIFYING ANSIO MARKETPLACE OF DEFAMATORY CONTENT
Because many products are listed and many customer reviews and comments are hosted on Sigaram Mart.co.in, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on, the Sigaram Mart.co.in website contains a defamatory statement, please notify Sigaram Mart Marketplace immediately. Important Warning: giving false, misleading or inaccurate information in the notice to Sigaram Mart Marketplace of Defamatory Content on Sigaram Mart.co.in may result in civil and criminal liability.
Conditions of Sale
These Conditions of Sale govern the sale of products by Sigaram Mart Marketplace to you. For conditions relating to the sale by third parties to you on Sigaram Mart.co.in see the Participation Agreement . We offer a wide range of Sigaram Mart Marketplace Services, and sometimes additional terms may apply. When you use an Sigaram Mart Marketplace Service (for example Your Profile, Gift Cards, Sigaram Mart Marketplace applications for mobile or Message Centre), you will also be subject to the terms, guidelines and conditions applicable to that Sigaram Mart Marketplace Service (“Service Terms”). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control. Please read these conditions carefully before placing an order with Sigaram Mart Marketplace. By placing an order with Sigaram Mart Marketplace, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Sigaram Mart Marketplace to buy the product(s) in your order. When you place an order to purchase a product from Sigaram Mart Marketplace, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). If you are using certain Sigaram Mart Marketplace Services (e.g. Sigaram Mart Marketplace mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we have dispatched the product to you (the “Dispatch Confirmation”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with Sigaram Mart Marketplace. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun. You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages. Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
STATUTORY RIGHT Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD). You must inform us (Sigaram Mart Marketplace ) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our Returns Support Centre, by contacting us, or using this form. In case you use the return centre, we will communicate to you an acknowledgement of receipt. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days cancellation period has expired and return the item via our return centre. For additional information on the scope, content and instructions for the exercise, please contact our Customer Service. EFFECTS OF CANCELLATION We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased. Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods). EXCEPTIONS TO THE RIGHT OF CANCELLATION The right of cancellation does not apply to:
• the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
• the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
• the supply of goods made to your specifications or clearly personalized;
• the supply of goods which may deteriorate or expire rapidly;
• a service if Sigaram Mart Marketplace has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
• the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
• the delivery of newspapers, journals or magazines with the exception of subscription contracts; and
• the supply of alcoholic beverages whose actual value is dependent on fluctuations in the market which we cannot control.
OUR VOLUNTARY RETURNS GUARANTEE Without prejudice to your statutory rights, Sigaram Mart Marketplace provides you with the following voluntary returns guarantee: Products sold by Sigaram Mart Marketplace can be returned within 30 days of receipt of the products to Sigaram Mart Marketplace if none of the exceptions apply, and if the products are complete and are in the same condition as upon receiving. Additional information can be found here . The products are to be returned via our Returns Support Centre. If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you. The costs of delivery and return are only refunded for returns of clothing or shoes from our sites. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above. Details on returning and examples can be found here.
3. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable GST. We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a products correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. PRODUCT INFORMATION
Unless expressly indicated otherwise, Sigaram Mart Marketplace is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Sigaram Mart Marketplace accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
5. OUR LIABILITY
Sigaram Mart Marketplace and its affiliates will not be responsible for
(i) losses that were not caused by any breach on our part, or
(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
(iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. 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 right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
6. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Republic of India, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the courts of the State of Tamilnadu.
7. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale 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 of Sale.
We do not sell products for purchase by children. We sell children products for purchase by adults. If you are under 18 you may only use Sigaram Mart.co.in with the involvement of a parent or guardian.
10. OUR CONTACT DETAILS
Our contact details are:
2, 1st Floor, ECR Main Road, Near Latha Steel House, Lawspet, Puducherry – 605008