Terms and Conditions
(1) These General Terms and Conditions for online sales (hereinafter referred to as "Terms and Conditions”/ “Agreement”) apply to all purchase orders you place on this online store located at https://greenbygoonj.com/ (hereinafter referred to as “Website”) which is owned and operated by Goonj (hereinafter referred to as “Goonj/We/Us/Our”). These Terms and Conditions shall include any amendment and/or modification and/or addition to the existing terms made by Goonj from time to time.
(2) The Terms and Conditions shall apply to any natural or legal person who is visiting the Website, and/or provides data on the Website, and/or signs up/logs in/signs in/registers through the log in/sign in/ sign up/register option available on the Website, and/or purchases products from the Website. For the purposes of these Terms and Conditions “You”, “Your”, “Yourself” or “User” shall mean any natural or legal person who is visiting the Website, and/or provides data on the Website, and/or signs up/logs in/signs in/registers through the log in/sign in option available on the Website, and/or purchases products from the Website.
(3) Please read the Terms and Conditions/Agreement contained herein carefully. You can access the current version of the terms any time at ‘Terms and Conditions’ tab on the Website. This Agreement is subject to change from time to time. Any modifications We make will be effective immediately upon posting to the Website and the effective date of the latest version will appear on this page. It is Your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions. Please note no prior notice shall be provided to You in case of any change/modification/amendment of the Terms and Conditions.
(4) By accessing, downloading, using the Website, You acknowledge that You have read, understood and agreed, without limitation and qualification to be bound and be governed by the Terms and Conditions and the privacy policy [insert hyperlink] (hereinafter referred to as Privacy Policy). If You do not want to be bound by the Terms and Conditions and Privacy Policy, You must not use our Website and/or avail the service(s) provided through the Website.
(5) Please note You are required to review and understand the terms contained in the Privacy Policy which form part of the Agreement and are incorporated herein by reference.
(6) Please note, failure to abide by any stipulation in the Terms and Conditions and/or Privacy Policy and/or terms posted anywhere on the Website and/or applicable laws and/or regulations may result in suspension or termination of Your access to the Website and/or Your authorization to avail the service(s) provided through the Website, without notice, in addition to Goonj’s other remedies. We reserve the right to block and/or restrict
access of any User to the Website and/or the authorization to use the service(s), without prior notice and the same shall be on Goonj’s sole discretion.
(7) The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.
(8) By placing the order of any of the product(s) offered on the Website and making payment of such product(s) (including of all charges such as bank charges, shipping & delivery charges and taxes etc.) in full, You send us an offer for purchasing the product(s) selected and paid for by You (hereinafter referred to as “Order”).
(9) Subject to the terms of this Agreement, only Order(s) placed for delivery to an address/ location within the limits of India. We reserve the right to refuse and/or cancel the Order if the Order(s) corresponds to any location not included within the boundaries of any of the aforesaid cities.
(10) Goonj may, at its discretion, accept or reject or cancel any Order. Your Order would stand confirmed once You receive confirmation thereof from Goonj. The status of such confirmation will not change unless You are intimated otherwise by Goonj. Goonj reserves the right to cancel the Order, at any time after the date on which the Order was placed, for any reason whatsoever, without any liability, without prior notice and without the requirement to provide You with reason(s) for such cancellation.
(11) While viewing the product(s) offered on the Website and/or while placing the Order:
(a) You acknowledge that the product(s) are made out of recycled materials;
(b) You acknowledge that the picture(s) of the product(s) displayed on the Website may differ from the product(s) delivered to You; and,
(c) You acknowledge and appreciate the terms specified in Clause 6 of this Agreement and hereby specifically consent for its application.
(12) Please note, subject to the Terms and Conditions, You can visit and navigate the Website without a specific requirement to sign up/ log in/ sign in/register on the website through the means and modes provided on the Website. However, subject to the Terms and Conditions, to purchase the product(s) offered on the website and/or avail the service(s) offered on the Website, You will require to sign up/ log in/ sign in/register on the website through such means and modes provided on the Website.
(13) In the event, where You use Your social media profile or other account(s) to link to our Website, Your usage will continue to be governed by the policies of such third party as well. We urge You to acquaint Yourself with the policies of such third party service providers before You proceed with availing the services thereof.
(14) From time to time, the Website may contain links, or host content or resources provided by third parties. We provide You with third party links/ content solely for Your information and convenience. We do not make any representations or warranties about the content, suitability or appropriateness about the content or products contained in any third-party websites or resources. We urge You to read their internal policies for Your continued interaction with such third parties.
(15) This Agreement is in compliance with the Information Technology Act, 2000 and rules made thereunder and all other statutes under applicable Indian laws.
(16) The Agreement has been generated using a computer system and does not require any digital, physical or electronic signatures.
2. PRICING AND PAYMENT:
(1) All the prices of the products displayed on the Website are in Indian National Rupees. The prices of the product displayed on the Website and/or product catalogue is exclusive of all taxes (except Goods and Services Tax), and any bank charges, shipping and delivery charges. Please note that, shipping and delivery charges may vary for different delivery location(s) and/or may also vary with volume of the product(s) ordered. The cumulative charges, that is, the total cost of the product which includes the cost of the product, taxes, bank charges, shipping and delivery charges etc. shall be informed to You before You place the Order with Us.
(2) You shall be responsible for payment of all fees/costs/charges associated with the purchase of product(s) from Us and You agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cess.
(3) We reserve the right to correct any errors, inaccuracies or omissions which may relate to product descriptions, pricing (including inaccuracies and/or variations in shipping and delivery charges, bank charges, taxes etc.), offer(s), availability status, with respect to any product, and accordingly we reserve the right to change or update the information and/or if necessary cancel orders, if any information on the Website is inaccurate at any time without prior notice (including after You have submitted Your Order). For clarity, in
the event of errors (including obvious errors) on the Website and/or errors made in connection with Your Order (including but not limited to the incidents of errors, inaccuracies or omissions cited in this sub-clause), Goonj also reserves the right to correct the error and/or charge You the correct price. In such a situation, we will contact You and offer You the option of purchasing the product(s) at the correct price or
cancelling Your Order.
(4) We may contract with third party payment service providers to facilitate payment for any purchase made on the Website. Accordingly, in case of payment by debit card, credit card, net banking or other mode of online payment, Your payment will be executed by Our payment service provider “PayU Money” using their discrete secure infrastructure.“PayU Money” reserves the right to decline the processing of payments in cases of
suspected fraud or other irregularity.
(5) In case of online payments, You are required to enter Your payment instrument details including credit card information, debit card information, net banking information or details of any other legal and valid payment instrument. Online payment information related to Your Order is processed by Our payment service provider “PayU Money”.
(6) By placing Your Order, You agree that all information provided by You including Your contact information and payment information may be used to process Your payment, to execute Your Order and to undertake all such action(s) incidental and ancillary in this regard including storing such information for logistics and record keeping.
(7) You agree to provide correct and accurate credit card/ debit card / net banking/ e-wallet/ other payment instrument details for purchasing any product(s) available on the Website. You shall not use any payment instrument which is not lawfully owned by You. You will be solely responsible for the security and confidentiality of Your credit card/ debit card/ net banking/ e-wallet/other payment instrument details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your payment instrument and/or poor network while Your payment is being processed. Further, Goonj shall not be liable for the refusal to process Your payment for any reason whatsoever.
(8) We shall not be liable in respect of any loss, damage, inconvenience and any other issue rising directly or indirectly while completion of payment including the decline of authorization for any transaction for any reason whatsoever. Please note any additional taxes, duties, fees, and charges (or the likes) that may be raised and/or levied by particular authority/ies in respect of or having a bearing on: (a) the Order and/or, (b) conclusion and/or execution thereof shall be borne solely by You. In the event Goonj is required to pay such charges to any authority/ies, You shall indemnify and hold Goonj harmless for any such payments.
(9) You can select one of the payment methods described and available on the Website to make the payment. Goonj reserves the right to exclude and/or include a particular payment method and/or any mode of making payment and/or any payment service provider at any time, without prior information. For now the payment option of ‘Cash on Delivery ’ is not available.
(10) Notwithstanding anything contained herein, the pricing of the products offered through the Website shall solely be at Goonj’s discretion. Goonj, may at its sole discretion and without prior intimation, may choose to offer discounts on any product(s) offered through the Website and/or withdraw such offer(s) at any time, at its sole discretion.
3. PERSONAL AND LAWFUL USE ONLY
(1) Unless otherwise specified, the Website and the product(s) and/or service(s) provided thereon are intended for Your personal, non-commercial use only. You agree to use the Website and the product(s) and/or service(s) provided thereon, only for lawful purposes.
(2) You further agree not to reproduce, distribute, modify, display, perform, archive, publish, license, create derivative works from, offer for sale, or use (except as expressly authorized under the Terms and Conditions) content, product(s), service(s) and information contained on and/or obtained through and/or offered through Our Website. You also agree not to: circumvent, remove, degrade, deactivate or thwart any of the contents of our service and/or product(s) offered on the Website and/or the Website; use any robot, spider, scraper or other means to access Our service and/or Website. You also agree not to decompile, reverse engineer, and disassemble any software or the product(s) or processes accessible through Our service and/or Website. You further agree not to insert any code or product or manipulate the content of Our service and/or Website in any way; or use any data mining, data gathering or extraction method. Additionally, You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of Our service(s) offered through Our Website. We may terminate or restrict Your use of Our service(s) offered though Our Website, if You violate these Terms and Conditions and/or are engaged in any illegal or fraudulent use of such service (s).
4. NO USE BY CHILDREN UNDER 18
(1) The Website and/or product(s) and/or service(s) provided thereon are not intended for Users under the age of 18. Children under the age of 18 are expressly prohibited from submitting their personally identifiable information to us, and we will not knowingly use and/or retain any personally identifiable information they submit. Only those persons who can enter into legally valid contracts under the Indian Contract Act, 1872 should use and access the Website. We reserve Our right to terminate and/or withdraw Your access to
the Website and/or cancel any Order placed by You should we discover through any means that You are under the age of 18 years or legally incompetent to contract.
5. DELIVERY AND SHIPPING:
(1) Sales shall be made on ‘first come, first served’ basis. The merchandise(s)/product(s) may not be restocked once sold out. No information regarding the presence of any product in Our stock will be guaranteed and we will alert You only when an item is sold out. Shipping and delivery charges are applicable to all orders/Orders. All deliveries
require the named person’s signature, so please ensure You are available at Your selected delivery address to take delivery of the purchased products. We reserve the right to cancel Your Order due to issues arising out of inventory and/or other internal issues and/or issues such as strikes, interstate regulations, delivery outrage etc. We will inform You of cancellation of Your Order and will offer You a refund.
(2) Once Your order is shipped, We will e-mail You, Your tracking number along with information about the shipping agency, if any. You can track Your order status on the link provided to You on the e-mail by entering Your assigned order tracking number.
(3) We reserve Our right to engage third party service provider(s) to facilitate delivery for any purchase made on the Website. Goonj, its affiliates, representatives, officers, directors, agents, and employees shall not be responsible for any willful default and/or gross negligence and/or any fault whatsoever on the part of such service provider or its personnel.
(4) In the event a third party service provider is engaged by Goonj to facilitate the delivery of product(s) purchased from the Website, the delivery policy, terms, procedures, formalities and mechanisms of such service provider shall apply. For now, Goonj has not engaged any third party to facilitate the delivery of the product(s). We shall provide the details of the third party and links to their relevant policies, on the Website, without providing You with prior notice.
(5) Subject to the terms of this Agreement, only Order placed to be delivered to address/location inI ndia shall be entertained and processed. We reserve our right to refuse or cancel the Order if the order corresponds to any location not included within the boundaries of any of the aforesaid cities.
(6) Subject to the Terms and Conditions herein, upon receipt of the Order (including upon advance electronic payment of the Order, in full, which includes payment of the product, taxes, bank charges, shipping, delivery charges, and all other applicable charges), We will strive to get the ordered product(s) delivered without delay. We are not responsible for the time in which the ordered product(s) is/are delivered to You. Nevertheless, We
shall endeavour to deliver the product within 10-15 days of Your Order. Further, the time for delivery shall be prolonged by reasonable periods in case of force majeure or other events for which We are not responsible, such as disruptions in operations, strikes, authority measures, or troubles with telecommunications.
(7) Please note, Our delivery personnel or Our delivery partners will attempt to deliver thepackage three times before they return it to Us. Please provide the complete & accurate shipping address including zip code and a mobile number. This will help Us in delivering Your Order faster. Please note, Order(s) shipped and returned due to Your Non- availability to collect the delivery are not eligible for any refunds/ repeat fulfillment or credit notes or the likes in lieu of Your returned original order/Order.
(8) You are not permitted to cancel the Order/ product(s) ordered, on the grounds of delay in delivery.
6. ACCURACY OF THE PRODUCTS AND RETURN, EXCHANGE AND CANCELLATION
(1) All the products hosted on the Website are made by Goonj (which includes the stakeholders working with Goonj). Please note that, the products are handcrafted by individuals. The products hosted on the Website are upcycled products. Therefore, You expressly acknowledge that there may be variations in the product(s) ordered by You and the product(s) delivered to You including but not limited to factors such as climatic conditions, seasonal changes, traditional processes, nature of the material from which the product is made etc. Please note, such variations shall be limited to colour and design pattern on the product(s).
(2) We attempt to be as accurate as possible when describing Our products on the Website. However, owing to the nature of operations for creations of these products, We do not warrant that the product descriptions, colours, design pattern, information or other content available on the Website are completely accurate, complete, current, or error-free. The quality of any product(s), service(s), information, or other material purchased or obtained by You through the Website may not meet Your expectations.
(3) We are not responsible if the product material has colour bleeding problem, fading or any other material issue as they are upcycled products and are made from recycled product(s). The product(s) and service(s) described on this Website, including any samples, are for Your personal use only. Any resale of product(s)/merchandise(s) purchased from the Website will not be permitted without prior written permission.
(4) Except as provided in the Terms and Conditions, any product once purchased cannot be exchanged or returned. The product could differ from the booking product catalog and You acknowledge that and consent to such variation. Please note, cancellation of any Order by You, can only happen if such Order has been cancelled within Seventy Two (72) hours of You placing the Order. For clarity, any cancellation of Order requested by You after Seventy Two (72) hours of placing the Order will not be entertained and/or accepted.
For further clarity, no cancellation request from Your end will be entertained, even when made within seventy two (72) hours of placing the Order, if such request is made after the Order or any item thereof has been delivered to You and/or after the delivery of such Order or any item thereof has been attempted.
(5) Please note, Your grievance(s) pertaining to receipt of damaged product(s) (forming part of the Order) shall be entertained only when made by You within 48 hours of receiving such damaged product(s). Upon receipt of Your grievance of having received damaged product(s) and in the event the product(s) delivered to You is/are damaged to Our satisfaction and We confirm the same in writing, We shall send Our personnel or Our partner’s personnel to collect only such damaged product(s) from You. Upon the delivery of the said damaged product(s) to Us, We shall initiate refund of the amount in respect of the said damaged product(s) after deducting operational expenses. The refund amount shall be credited to Your account/payment wallet/or any other payment instrument, through which the payment was made for such product(s), within 10 days of initiation of
the refund by Us.
7. YOUR REPRESENTATIONS AND WARRANTIES
(1) By using the Website and availing the service(s) provided therein You represent and warrant that: (a) You are at least 18 years old; (b) You have read and agreed to abide by this Agreement; (c) You have read and agreed to Our Privacy Policy; (d) any information You submit is correct and accurate; and, (e) Your use of the Website and service provided herein does not violate any applicable law or regulation.
(2) We reserve the right to modify, suspend or terminate the Website, the service(s) provided therein, and/or any feature or portion thereof, and/or any product(s) offered on the Website, for any reason, at any time in our sole discretion and without warning or notice.
(3) You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, or otherwise) the Website content, product(s) or other material obtained and/or purchased through the Website or service provided through the Website, except as expressly permitted by this Agreement.
(4) You represent and warrant, without limitation and qualification to be bound by the Terms and Conditions and Privacy Policy.
(5) You expressly understand and agree that:
a. We shall not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information or payment details, either with or without Your knowledge.
b. We shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension that may occur due to technical reasons or for any reason.
8. LIMITATION OF LIABILITY
(1) In no event shall Goonj, its affiliates, representatives, officers, directors, agents, and employees shall be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the Website, service(s) and product(s) offered on the Website and/or this Agreement.
(2) Notwithstanding anything contained herein, Goonj’s entire liability to You shall be limited to the amount of money paid by You for or towards the purchase of the product(s) in connection with which the claim has arisen and the same shall only arise in the case where Goonj is proven to have defaulted intentionally or through gross negligence.
9. INDEMNITY: You shall fully indemnify, keep indemnified, defend and hold harmless Goonj, its affiliates, representatives, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Agreement or any rules and/or policies contained herein, or Your violation of any law, rules or regulations or the rights of a third party.
10. INTELLECTUAL PROPERTY
(1) We own all rights including intellectual property rights for Our trademarks (including GOONJ and GREEN BY GOONJ), copyrights, patents, know-how, trade secrets, databases, icons, texts, etc., whether registered or not, in the products and/or materials on Our Website. You have no express or implied authority or permission to use our intellectual property in any manner whatsoever.
(2) All text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Us and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
11. FORCE MAJEURE: We shall not be liable for any failure to perform Our obligations hereunder and/or render service(s) where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of God, disease epidemic, disease pandemic, embargoes or blockades, national or regional emergency, flood, fire or explosion, lockdowns etc. In the event a force majeure event does occur, we are under no obligation to specifically inform You of Our inability to complete Our obligation towards You as long as the occurrence of such Force Majeure event is common knowledge.
12. GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement shall be governed by, construed and enforced in accordance with the laws of India. Any action You, any third party may bring to enforce this Agreement and/or in connection with any matters related to the Website or the product(s) and/or service(s) offered thereon, shall be adjudicated by a sole arbitrator appointed in accordance with the Arbitration & Conciliation Act, 1996. The seat of arbitration shall be New Delhi and it shall be conducted in English. Courts in New Delhi shall have exclusive jurisdiction to hear all related matters, and You expressly consent to the exclusive jurisdiction of said courts over Yourself and any such matters.
13. REPORTING VIOLATIONS: In the event You come across any abuse or violation of this
Agreement by any third party, including by Your employees, agents, vendors, directors,
shareholders, relatives, etc., please report to Goonj at green-by-goonj@goonj.org.
14. LOCATION/CONSENT TO TRANSFER: Those who access or use the Website or avail the
service(s) offered thereon from other jurisdictions may do so at their own choice and risk and are
solely responsible for compliance with local law(s). Please note that the personal information You
submit to our Website will be transferred to and stored in India to be processed by Us and/or on
Our behalf so We can provide this Website and/or service(s) and/or product(s) offered thereon to
You as set forth in this Agreement and Our Privacy Policy.
15. MISCELLANEOUS
(1) We may assign, transfer or otherwise dispose Our rights and obligations under this
Agreement with You, in whole or in part, at any time without notice to You. You may not
assign Your obligations under this Agreement and/or transfer any rights hereunder to any
third party.
(2) If any provision of this Agreement is found by a proper authority to be unenforceable or
invalid, the validity of the other provisions shall not be affected thereby. In this case, the
invalid or ineffective provision shall be replaced by a provision which comes as close as
possible to the economic purpose of the invalid or ineffective provision.
(3) If You breach any of the terms of this Agreement and we take no action, We will still be
entitled to use Our rights and remedies in any other situation where You breach the terms
of this Agreement.