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Terms of Sale

Offer and Acceptance of the Product

An offer is made by the seller to sell the Products listed by them on the Website and the Buyer hereby accepts such offer upon agreeing to purchase the product. It must be understood and agreed by the Buyer that the offer made by the Seller for the sale of the Product is not an absolute or an unconditional offer. Such offers for selling are subjected to cancellation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such refusal and without any consent from the Buyer and without any liability or any obligation towards the Buyer. Accordingly, the contract for sale of the Product is a bipartite contract between Buyer and the Seller. Xfurbish is not a third party beneficiary under such bipartite contract. The Seller and Buyer understands and agrees that Xfurbish has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, Website Terms of Use, these Terms of Sale, Privacy Policy or under any contract or policy between Xfurbish on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.



Product(s)

The intellectual property rights of all entities is respected by Xfurbish. Any grievance involving intellectual property rights can be brought to the notice of our grievance officer, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") and send the filed out IP Infringement Notice via email to grievanceofficer@xfurbish.us


Please Note: Any improperly or incomplete filled out document will not be considered.


The availability of the Product under the offer to sell is subjected to change without prior notice before the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available for delivery after the purchase transaction. Seller has the right to cancel certain orders that the seller is unable to accept and cancellation process can be initiated either by the Seller directly or Seller can instruct Xfurbish to cancel such order. The rights to refuse or cancel any order are reserved by the Seller, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some reasons that may result in Buyer's order being cancelled may include but not limited to are; non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Additional verifications or information may be required by the seller before processing or to process any order. Xfurbish and The Seller are not liable for any such cancellation and shall be without any recourse to Buyer.


With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:


·         Seller has the legal rights to sell the Products on or through the Website


·         Product shall meet the description and specifications as provided on the Website


·         Products is free from any charge or impediment in favor of third party


·         Buyer shall have complete possession and rights of the Products


·         Buyer shall be permitted to all the warranties and other guarantees applicable to the Product or as generally made available by the manufacturer or seller of the Product

 

Pricing Information


The Selling Price of the Product is subjected to change without any notice before the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. There may be errors in Selling Price due to technical glitches and may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer. Products subjected to such faulty Selling Price, shall not be a valid acceptance and such transaction can be avoided by the Seller. All prices are inclusive of taxes unless stated otherwise.


Delivery of the Product

Various modes and modals of delivery are available for the purchased Product to the Buyer, as decided by the Seller. The seller assures that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website. Any damage, loss or deterioration of the Products during shipping, or during transit shall be borne by Seller and not on the Buyer.


Verification of Buyer's shipping address, pin code will be done with the database of Website before a Buyer proceed to pay for Buyer's purchase. Buyer must provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller in case the Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form.


The dispatch time is an estimate and NOT GUARANTEED and should not be relied upon as such. Therefore, time is not the essence of the two-way contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the payment of the purchase of Product has been made.


Delivery of the purchased Products must be accepted by the Buyer that are said to be in a deliverable state. The Buyer is liable to the Seller in case the Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, and shall further be liable to Xfurbish for any loss of any fee or charges that Xfurbish and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Xfurbish and its third parties are not consequential or indirect.


Upon delivery and full payment of price of the Product, the Buyer is deemed to have accepted the Products and the title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller. The risk of loss shall pass on to the Buyer upon delivery of Product.


Return Policy for Products

Buyer's Product related complainant for refund or replacement will the processed in accordance with Our Payment Gateway Policy available at http://www.xfurbish.us/info/PaymentGateway. Both Buyer and Seller agrees to this Our Payment Gateway Policy. However, the Buyer will not be eligible for replacement or refund in the event of frivolous, false or baseless complaints regarding the delivery or quality of the Products.


The Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered before accepting delivery of any Product.


Depending on the nature and category of the Product, the return process of a Product may be subjected to additional terms. The Seller has to specify on website and also intimate about any such additional terms while purchase of the Product.


The return/replacement request can be made within the warranty period. The warranty doesn’t include any physical damages, burnt or mishandling. 


In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Xfurbish shall have the sole discretion to determine the mode of reversal from the above options.


Cancellation of transaction / orders

Cancellation by Seller : Seller has the right to cancel certain orders that the seller is unable to accept and cancellation process can be initiated either by the Seller directly or Seller can instruct Xfurbish to cancel such order. The rights to refuse or cancel any order are reserved by the Seller, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some reasons that may result in Buyer's order being cancelled may include but not limited to are; non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Additional verifications or information may be required by the seller before processing or to process any order. Xfurbish and The Seller are not liable for any such cancellation and shall be without any recourse to Buyer. However, if Buyer's order is cancelled after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Xfurbish shall have the sole discretion to determine the mode of reversal from the above options. In case a promotional code given by Xfurbish has been used for the purchase of the Product, the amount under such promotional code shall not be refunded if such of order has been cancelled. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Xfurbish for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.


Cancellation by the Buyer : Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. In case of requests for order cancellations, the seller has to approve the request.  As part of usual business practice, if the order has not been processed and Seller receives a cancellation request then Seller may cancel the order and refund the entire amount to Buyer within 7 to 8 business days. However if the order have already been processed by the Seller then the Seller will not be able to cancel the orders. Seller's decision regarding the cancellation should be agreed and accepted by the Buyer and not be moved or challenged.


Governing Law

These Terms of Sale shall be governed in accordance with the laws of The States without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for your benefit. It is not for the benefit of any other person, except for your successors and permitted assigns.


Disclaimer by Xfurbish

Xfurbish solely acts as a mediator in the form of an online marketplace and is limited to managing the website to enable seller to advertise, exhibit, and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer. At no time shall Xfurbish have any obligations or liabilities in respect of such contract nor shall Xfurbish hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.


These terms of sale shall not alter or modify any contracts, agreements, terms or policies between the seller and buyer on one hand and Xfurbish on the other hand.


Xfurbish does not warranty that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Xfurbish. Prices, Product description and availability of the Product are Seller's responsibility.


Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Xfurbish shall not in any manner be held liable for the same.


Xfurbish shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.