These General Terms and Conditions of were drawn up in especially for the online exchange of product and liability arises against the receiptance of purchased goods and will become operable as of the date of 24th Aug 016.
Article 1 - Definitions
The following definitions apply in these terms and conditions:
-Trader: a legal person who offers products, (access to) digital content and/or services to consumers from a distance i.e. Ganeshdeep Pashmina Udhyog;
-Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
-Offer: a proposal placed by a trader without any forceful enticement to be accepted by a consumer in his/her free consent.
-Contract: an agreement concluded between a trader and a consumer within the framework of system organized for the sale of products, digital content and/or services. Whereby one or more techniques for distance communication is implied to conclude the agreement;
-Distance Contract: an agreement concluded between a trader and a consumer located far beyond the of trader’s trading premises.
-Day: calendar day;
-Working Hour: Normal 8 hours a day and 6 days a week (Sun – Fri) are considered as working hour.
-Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
-Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
-Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
-Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 - Applicability
1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.
2. Prior to the conclusion of a distance contract, the digital copy of these general terms and conditions will be provided to the consumer in such a way that the consumer can easily store them on durable data carrrier. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions can made physically available for inspection and will be sent free of charge to the consumer, as quickly as possible, at the consumer's request.
Article 3 - The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
Article 4 - The contract
1. The contract will be concluded, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and if the consumer is able to pay electronically, the trader will take suitable security measures.
4. In case of distance contract the trader may obtain information within statutory frameworks about the consumer's ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
Article 5 - Right of withdrawal/ Cancellation
1.When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 12 working hours except otherwise mentioned for distance contract. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2.If a consumer tends to return the purchased goods it must reach to the trader within 24 Hrs on total consumer liability of products reach to trader in its original state. The stipulated period commence right after the receipt of goods by the consumer, or a third party designated by the consumer. If the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part
3.The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
receipt of the returned goods the price will be refunded except delivery cost
Article 6 - Consumers' obligations during the withdrawal period
1.During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2.The consumer is only liable for the product's devaluation that is a consequence of his handling the product other than as permitted.
3.The consumer is not liable for the product's devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
Article 7 - Traders' obligations in a case of withdrawal
1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, excluding any delivery costs the trader charged for the returned product, though at the latest within 24 Hrs after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
Article 8 - The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except otherwise changes in governing tax rates.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuate in the financial market over which the trader has no influence.
Article 9 - Contract fulfilment and extra guarantee
1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by the trader, can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
Article 10 - Supply and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within an hour, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest a day after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
Article 11 - Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within or at the moment of goods receipt by the consumer otherwise in case of distance contract 50% of due should be transfer to traders official bank a/c on conclusion of the contract and 100% payment before goods dispatch.
2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
3. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the delivery the trader feels no obligation to dispatch the goods.
Article 12 - Complaints procedure
1.Any complaint about a product, a service or the trader's service can also be submitted via email to address email@example.com or directly from a contact us login.
2.The trader provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
3.A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
4.A reply to complaints submitted to the trader will be provided within a period of 7 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 4 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
Article 13 – Disputes
1. Contracts entered into between a trader and a consumer are subject to these general terms and conditions are subject only to related governing statutory law of Nepal.
2. Disputes between a consumer and a trader over the conclusion or exercising of contracts relating to products and services to be supplied by the trader can be put before the, by either the consumer or the trader.
Article 14 - Additional or different stipulations
Stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
Article 15 - Amendment to the general terms and conditions
1. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.