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Conditions of Use

 

Thank you for visiting www.bookpecker.com. Your visit to this website is subject to these Terms and Conditions and our Privacy Policy. If you are not agreeable to any terms and conditions, you should not use this service. You can use the Services of the website only if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Bookpecker.com

This website www.bookpecker.com is owned and operated by International Book House Pvt. Ltd, a company incorporated under the Indian Companies Act of 1956. International Book House Pvt. Ltd may be referred to by full name or as International Book House or IBH or Bookpecker.com or 'We'. Your use of this website confirms your agreement to follow these rules and to be bound by them. International Book House Pvt. Ltd reserves the right to update add, delete, alter or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they are change. If you are under 18, you may use Bookpecker.com only with involvement of a parent or guardian.

The Customer is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of Bookpecker.com. In addition, when you use any Bookpecker.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Bookpecker.com reserves the right to change these terms and conditions at any time. Bookpecker.com retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

By electronically accepting this agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, Privacy Policy, Payment Policy and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.

THIS AGREEMENT is between International Book House Pvt. Ltd a company incorporated under the Indian Companies Act, 1956 and having its registered office at Indian Mercantile Mansions ( Extn), Madam Cama Road, Colaba, Mumbai 400 039 ( hereinafter called " International Book House Pvt. Ltd " ) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and you, the user of the website and websites operated by International Book House Pvt. Ltd as a website visitor or as a person intending to make a purchase or actually making a purchase on one or more of our websites which are owned , fully or partially by International Book House Pvt. Ltd or operated by International Book House Pvt. Ltd as a licensee.

The liability of International Book House Pvt. Ltd under this agreement is limited to a maximum of the value of the product purchased from Bookpecker.com plus shipping charges that may have been charged. Under no circumstances shall International Book House Pvt. Ltd be liable for any direct or indirect costs incurred by you for any reason related to the purchase or intended purchase of products and services on sites operated by International Book House Pvt. Ltd
International Book House Pvt. Ltd will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
International Book House Pvt. Ltd owns the Website and shall retain all intellectual property rights and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site does not transfer any of the intellectual property related to the products, their design or concepts to you.

Applicable Law

This site Bookpecker.com is created and controlled by International Book House Pvt. Ltd in Mumbai India; as such the laws of India shall apply; courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Bookpecker.Com reserves the right to make changes to the site and the terms, conditions and disclaimers.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Bookpecker Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Definitions:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time."

"Bookpecker Shopping"/ "Site" means the online shopping platform owned and operated by International Book House Pvt. Ltd . ("Bookpecker.com"), which provides a venue to the users of Bookpecker.com to buy the products listed on Bookpecker Shopping.

"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on Bookpecker.com

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Bookpecker Shopping by placing an order for and or purchases any products offered for sale on Bookpecker.com

"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Modification of Terms and conditions of Service:

Bookpecker.com may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register with Bookpecker.com. As a part of registration process you agree to provide Bookpecker.com current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or Bookpecker.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bookpecker.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Bookpecker.com.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Bookpecker.com.

You agree and understand that Bookpecker.com is advertising supported and you grant Bookpecker.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant Bookpecker.com the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.

You shall notify customersupport@bookbecker.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

• Electronic Communication:

Users consents to receive communications from Bookpecker.com electronically. Bookpecker.com will communicate with Users by email or by posting notices on the Site.

Online Shopping Platform:

You agree, understand and acknowledge that Bookpecker.com is an online shopping platform, a venue enabling the users to buy any product listed on Bookpecker.com at the price indicated on the terms and conditions indicated therein at any time from any place.

Bookpecker.com expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Bookpecker.com.

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

Bookpecker.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.

Bookpecker.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

All orders shall be pre-approved with an acceptable method of payment as established by Bookpecker.com which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, Bookpecker.com shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

Credit card details

You agree, understand and confirm that the credit card details provided by you for availing of services on Bookpecker.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Bookpecker.com. Further the said information will be not be utilized and shared by Bookpecker.com with any of the third parties unless required by law, regulation or court order. In a credit card transaction, you must use your own credit card Bookpecker.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the customer and the onus to 'prove otherwise' shall be exclusively on the customer.

Confirmation:

You understand, declare and agree that:

You agree that any use on the site is at your own risk and Bookpecker.com is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Bookpecker.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by Bookpecker.com the same shall be credited to your credit card account and duly notified to you by email.

• All items purchased from Bookpecker.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
• Bookpecker.com shall try to deliver the product on the 'preferred date'. Please allow the minimum time required for processing as specified for the product. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made on the 'preferred day', or a day earlier or later if it coincides with a festival day or a national holiday. Delivery shall be made in the course of the day, and the customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but Bookpecker.com will not be held liable if the delivery does not take place on the preferred date. Delivery during festival times will be made during the period as specified on the website and not necessarily on the preferred date as given by the customer.
• You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
• You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Bookpecker.com, Bookpecker.com may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

• If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of Bookpecker.com;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If your actions may cause any harm, damage or loss to the other Users or Bookpecker.com.
• Customer Request for cancellations:

o If the order is not processed, then full refund would be given.
o If the order is processed from our end , order would be refunded after deducting 10% service fee provided the request is received within 24 hours of placing an order. No refund would be provided for same day delivery category.
o No request for cancellations would be entertained once the order is shipped

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by Bookpecker.com “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Bookpecker.com does not warrant that:

• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.

Bookpecker.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.

Bookpecker.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Bookpecker.com are free of viruses or other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

All the products sold on Bookpecker.com are governed by different state laws and if Bookpecker.com is unable to deliver such products due to implications of different state laws, Bookpecker.com will return or will give credit for the amount received by Bookpecker.com from the sale of such product that could not be delivered to you.

While availing any of the payment method/s offered by Bookpecker.com, Bookpecker.com is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.

Trademark, Copyright and Restriction

This site is controlled and operated by International Book House Pvt. Ltd. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Bookpecker.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Copyright complaint

We at Bookpecker.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at legal@bookpecker.com.

Pricing/Typographical error

Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Bookpecker.com will try to be accurate, however if you come across any difference in pricing on the Bookpecker.com Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Bookpecker.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If Bookpecker.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

Force Majure

Bookpecker shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God or any cause that is beyond the control of Bookpecker.com

Limitation of Liability

Bookpecker.com has made this service available to use as a matter of convenience. Bookpecker.com expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. User agrees and acknowledges that the user shall be solely responsible for users conduct and that Bookpecker.com reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorised in this regard from time to time.

In no event shall Bookpecker.com be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Bookpecker Site/Services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if Bookpecker.com has been advised of the possibility of damages, or inability to use the Bookpecker Sites/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Bookpecker Sites/Services, or otherwise arising out of the use of the Bookpecker.com Sites/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Bookpecker.com or any of its suppliers has been advised of the possibility of damages. Bookpecker.com does not endorse in anyway any advertisers or reviewers and/or contents of advertisers on its web pages.

This clause shall survive the termination or expiry of this agreement.

Disclaimer

The information about the products published on Bookpecker.com site are provided by Bookpecker.com on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. Bookpecker.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Bookpecker.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bookpecker.com will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Bookpecker.com expressly disclaims any warranties whether expresses or implied about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Bookpecker Sites/Services for any purpose. All such information, software, products, services and related graphics are provided "AS IS" without warranty of any kind. Bookpecker.com hereby disclaims all warranties and conditions with regard to this service, software, products, services and related graphics, including all implied warranties and conditions of merchant liability, fitness for a particular purpose, workman effort, title and non-infringement.

User specifically agrees that Bookpecker.com shall not be responsible for unauthorized access to or alteration of your transmission or data, any material or data sent or received or not sent or received, or any transactions entered into through a Bookpecker site/service. Users specifically agree that that Bookpecker is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. Users specifically agree that

Bookpecker.com is not responsible for any content sent using and /or included in a Bookpecker site/service by any third party.

Advice received via the Bookpecker site/ services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bookpecker.com with respect to the IBH sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IBH with respect to the Bookpecker sites/services. Bookpecker.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Bookpecker sites/services. Use of the Bookpecker sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold International Book House Pvt. Ltd, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Bookpecker sites/services.

Bookpecker.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bookpecker.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bookpecker sites/services or information provided to or gathered by Bookpecker.com with respect to such use.

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