Condition of Sale

Condition of Sale

Introduction
Terms

Conditions of Sale

Between sellers & customer

DirectCreate, ("DirectCreate", "our, "us" or "we")

Please read the following terms and conditions carefully (collectively referred to as the “Conditions of Sale”) before concluding a sale or offer to buy using the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions.

Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any Customer, prospective customer, user, visitor, members, Maker, Designer, Institution or a party who visits/uses the Services to make an offer to Buy, or invites an expression of Interest to Sell any product or Services listed on Direct Create (a “buyer”). Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Makers, Designers, Service Providers and Members who uses the Direct Create Services to Sell, offer to Sell, or invites an expression of interest to Buy any product or Service listed on Direct Create (a “seller”).

In addition, when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Community, Blogs etc.) ("Service"), you will also be subject to the terms, guidelines and conditions applicable to that Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Terms of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Violation of the terms or this agreement constitutes an unauthorized use of the Direct Create’s site and Applications in so far as the Buying or selling has contravened the terms of this agreement and may give rise to an actionable cause/claim against the violator.

Conditions Relating to the Sale of Products/Services to You

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

Our Contract.In the Case of Readymade Products or ready to use services (not specifically designed or rendered for you)

The order placed by you is an offer to buy the product(s) from us. Further, upon receiving the order, we send an E-mail confirmation, confirming the receipt and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is merely an acknowledgement of the receipt of your order and it does not confirm the acceptance of your offer to buy the product(s) ordered. The contract of sale is concluded from our end when the same is dispatched to you and an e-mail confirmation regarding the dispatch is sent (the "Dispatch Confirmation E-mail"). In case of multiple packages, you may receive a separate Dispatch Confirmation E-mails for each package which would conclude the contract between you and us for the product(s) specified in the Dispatch Confirmation E-mail(s).

You hereby confirm that the product(s) ordered by you are purchased for your internal / personal purposes only. Further, you also agree that the products purchased from us are not for re-sale. 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.

The order(s) can be cancelled by you anytime before receving the

Dispatch Confirmation E-mail(s) relating to that product(s). However, in case of customization/changes to the readymade product or other “made to order” products, You will be liable to reimburse us the Cost of all inputs (material, wages, overheads) expended till the date of the cancellation.

CUSTOMISED ORDERS

In case, any customised order is placed, we will send you an Order Confirmation E-mail along with the customization required or as per the Service Specifications ordered by you. The Order Confirmation E-mail is merely an acknowledgement of the receipt of your order and it does not confirm the acceptance of your offer to buy the product(s) ordered. Further, the Contract of Sale in cases of customized goods is concluded as soon as there is a confirmation from your end regarding the Specifications and/or Customization. In addition, if you can cancel the order even before the dispatch or delivery of service, you will be liable to reimburse/pay for the customization of the Product or rendering of the service

Payment, Returns & Refunds

Please refer to our Returns and Refund Policy, which is applicable to the products sold by us.

Pricing and availability

We list information regarding availability of products sold by us on our website and mobile application. The prices mentioned by us are acceptable to you and while placing the order, you accept the same. Please note that delivery timings mentioned in the dispatch is merely an estimate and thus, we would not be liable for any delay in the delivery of products. However, the moment your order is dispatched you will be informed via an e-mail regarding the estimated delivery date.

For more details, please refer to our Pricing Policy and our Availability Estimates, both of which apply to products ordered from us.

All prices are inclusive of VAT unless stated otherwise.

Taxes

By purchasing any product/Service from Direct Create, you acknowledge that you have read and understood our Health & Safety Guidelines.

Children

Use of Direct Create is available only to individuals who can enter into 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.

Communications

When you send e-mails to us, 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.

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 goods by us to you was formed.

Copyright Infringement

Please refer to IP Agreement and IP (FAQs).

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions 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.

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.

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.

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.