ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES BUYER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING.
The terms and conditions published herein in accordance with the provisions of Rules of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of website.www.horsekart.com.
The domain name www.horsekart.com (hereinafter referred to as “Website”) is owned by Krishya Fabricators, a company incorporated under the Companies Act, 1956 with its registered office at – 123/193 Gadarian Purwa ,Fazalganj,Kanpur-208012
Buyer’s use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, The Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website horsekart.com
For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer at any of horsekart online store (“Stores”), or on the Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. HORSEKART allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
When The Buyers use any of the services provided by HORSEKART through the Website, including but not limited to, (e.g. Product Reviews), The Buyers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Decathlon reserves the right, at HORSEKART’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The Buyers. It is Buyer’s responsibility to review these Terms and Conditions periodically for updates / changes. Buyer’s continued use of the Website following the posting of changes will mean that The Buyers accept and agree to the revisions.
By impliedly or expressly accepting these Terms and Conditions, The Buyers also accept and agree to be bound by HORSEKART Policies (including but not limited to Privacy Policy etc.) as amended from time to time.
Eligibility
Usage of, and purchases at the Website/Stores is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If the Buyers are a minor i.e. under the age of 18 years, the Buyers shall not register on the horse kart website and shall not transact on or use the website. As a minor if the Buyers wish to use or transact on the website, such use or transaction may be made by Buyer’s legal guardian or parents on the Website.
All persons wishing to use, register on, and purchase at the Website/Stores shall provide the following information – a). Name, b). Mobile Number or Email ID & c). Pin Code (mandatory for Website, optional for Stores)
Buyer’s Account and Registration Obligations
If The Buyers use the Website and register as a buyer, The Buyers shall be responsible for maintaining the confidentiality of Buyer’s Display Name and Password and The Buyers shall be responsible for all activities which occur under Buyer’s Display Name and Password. The Buyers agree that if The Buyers provide any information that is untrue, inaccurate, not current or incomplete or Horsekart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms and Conditions, Horse kart shall have the right to indefinitely suspend or terminate or block access of Buyer’s membership on the Website and refuse to provide The Buyers with access to the Website.
Communications
When The Buyers use the Website or send emails or other data, information or communication to us, The Buyers agree and understand that The Buyers are communicating with HORSEKART through electronic records and The Buyers consent to receive communications via electronic records from Horse kart periodically and as and when required.
Platform for Transaction and Communication: The Website is a platform that Buyers utilize to discover horse kart products and to show interest in purchasing these products.
All commercial/contractual terms are offered by and agreed to between the Buyers and horsekart . The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
The Buyers can take a close look at the Website for a complete description of the products. In spite of Horsekart doing its best to describe and present the articles being sold on the website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by Horsekart, there may be inadvertent errors, and Horsekart shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Horsekart also does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products to be sold or offered to be sold or purchased on the Website.
The Buyer shall be responsible for any non-performance or breach of any contract entered into between Buyer and Horsekart.
Hortsekart attempts to keep the elements mentioned on its website accurate and complete. In particular the information about pricing, specifications and in general case all information about Horsekart ’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website.
Disclaimer:
The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer.
HORSEKART shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Horse kart may cancel Buyer’s order(s).
The Buyers release and indemnify Horsekart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Buyers of the Website and specifically waive any claims that the Buyers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Horse kart cannot take responsibility or control the information provided by other Buyers which is made available on the Website. The Buyers may find other Buyer’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Unless otherwise specified explicitly, all Terms and Conditions entailed herein are enforceable to Buyer’s visit or purchase at Horsekart’s stores.
Charges
Membershipor ragistration on the Website is free for buyers. Horsekart does not charge any fee for browsing and buying on the Website. HORSEKART reserves the right to change its Fee Policy from time to time. In particular, The Buyers shall be solely responsible for compliance of all applicable laws including those in India for making payments to HORSEKART on the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Use of the Website/Stores
The Buyers agree, undertake and confirm that Buyer’s use of Website shall be strictly governed by the following binding principles:
The Buyers shall not host, display, upload, modify, publish, transmit, update or share any information which:
Belongs to another person and to which The Buyers does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or envisaging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading in any way or threatens to defame or harm the goodwill of HORSEKART.
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
Engages in commercial activities and/or sales without horsekart’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms and Conditions, Horsekart’s prior written consent means a communication coming from horsekart’s Legal Department, specifically in response to Buyer’s request, and specifically addressing the activity or conduct for which The Buyers seek authorization;
Solicits gambling or engages in any gambling activity which We, in Horsekart’s sole discretion, believes is or could be construed as being illegal;
Refers to any website or URL that, in Horsekart’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
Deceives or misleads the addressee/ Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
The Buyers shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Horsekart reserves the right to bar any such activity.
The Buyers shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
The Buyers agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
The Buyers may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyers send to Decathlon, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that The Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
The Buyers shall be responsible to up keeping the providing information relating to the products proposed to be sold by Us. In this connection, The Buyers undertake that all such information shall be secured in all respects. The Buyers shall not defame the attributes of such products or services so as to mislead other Buyers in any manner.
Horsekart reserves the right, but has no obligation, to monitor the materials posted on the Website. Decathlon shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE BUYERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE BUYERS POST ON THE WEBSITE AND IN BUYER’S PRIVATE MESSAGES.
Buyer’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Buyers and such advertiser. Horsekart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
It is possible that other Buyers (including unauthorized Buyers or “hackers”) may post or transmit offensive or obscene materials on the Website and that The Buyers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Buyers due to Buyer’s use of the Website, and that the recipient may use such information to harass or injure The Buyers. but by using the Website Buyers acknowledge and agree that horsekart is not responsible for the use of any personal information that The Buyers publicly disclose or share with others on the Website. Please carefully select the type of information that The Buyers publicly disclose or share with others on the Website.
Horsekart shall have all the rights to take necessary action and claim damages that may occur due to Buyer’s involvement/participation in any way on Buyer’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
The Buyers shall not have the right to resell any of the products purchased from horsekart.com unless such right is expressly granted to the Buyer in writing by Horsekart.
Horsekart reserves the right to restrict the sale of goods/services.
Contents Posted on Website
In relation to the products offered on the website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is horsekart generated content.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Horsekart’s express prior written consent.
Rules of Conduct on Site as mentioned herein, and The Buyers are not entitled to any payment or other compensation for such use.
All issues/complaints with regard to the service must be disclosed within 24 hours of delivery. Horsekart shall not be responsible for addressing any issues not reported at this time.
If the query/concern is not raised within 24 hrs of product collection, it will be construed that the service provided is completed to the customer’s satisfaction.
All issues/complaints with regard to the service must be disclosed within 48 hours of delivery. Decathlon shall not be responsible for addressing any issues not reported at this time.
If the query/concern is not raised within 48 hrs. of product collection, it will be construed that the service provided is completed to the customer’s satisfaction.
Payment method
Horsekart does not provide any credit facilities
While availing any of the payment method/s available at the Website/Store, horsekart will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to: a) Lack of authorization for any transaction/s, or b) Exceeding the pre-set limit mutually agreed by The Buyers and between “Bank/s”, or c) Any payment issues arising out of the transaction, or d) Decline of transaction for any other reason/s
All payments made against the purchases/services on Website/Store by the Buyers shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website/Stores will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering Buyer’s order to the Buyers, Horsekart may request the Buyers to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to Horsekart’s Buyers.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Buyer and Horsekart and Payment Facility is merely used by the Buyer and Horsekart to facilitate the completion of the Transaction.
The Buyers understand, accept and agree that the Payment Facility provided by Horsekart is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Horsekart Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, with respect to the Transaction or the Transaction Price.
All prices displayed on the Website or at the Stores are final and no further discounts or facilities are available for any customer
The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with Horsekart to purchase the products using the Payment Facility (a mechanism to pay through card, cash, or online medium), and the Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to Horsekart using Payment Facility.
The Buyers may agree with Horsekart through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
The Buyers shall electronically notify Payment Facility using the appropriate Horsekart Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The Buyers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
The Buyers shall be entitled to claim a refund of the Transaction Price (as Buyer’s sole and exclusive remedy) in case The Buyers do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. Except for Cash payment at Stores and Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favor of the Buyer (As per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through Payment Facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to Horsekart in case of any misuse by Buyer.
Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Decathlon Website.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.