erms and Conditions of Sale of HealthMartIndia.com See below for Terms and Conditions 1. DEFINITIONS 1.1, "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller; 1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 1.4. "Goods" means the articles that the Buyer agrees to buy from the Seller; 1.5 "Seller" means HealthMartIndia.com (registered in India) based at Ghaziabad, U.P., INDIA that owns and operates www.healthmartindia.com 1.6. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. 2. CONDITIONS 2.1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. 2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. 2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 3. ORDERING 3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. 3.2. On receipt of an order, the Seller will send the buyer an automated email acknowledging receipt of said order. This email does not represent acceptance of the order by the seller. 3.3. The seller shall only be deemed to have accepted an order at the point the goods are despatched. 3.4. Where the Goods ordered by the Buyer are not available within the timescales in paragraph 8, the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days. 3.5. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Orders section within the website. 4. PRICE AND PAYMENT 4.1. The Price of the Goods shall be that stipulated on the Seller's Website. The Price excludes delivery charges. 4.2. The total purchase price, including delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order. 4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 4.4. Payment of the Price and delivery charges must be made in full before dispatch of the Goods. 5. RIGHTS OF SELLER 5.1. The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. 5.2. The Seller reserves the right to withdraw any goods from the Website at any time. 5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order. 6. AGE OF CONSENT 6.1. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. 6.2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice. 7. FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. 8. CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. 9. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of India and the parties hereby submit to the exclusive jurisdiction of the Indian courts. 1. This prize draw is open to residents of the UK mainland only aged 18 years or over, except employees of Telegraph Media Group Limited and John Lewis plc, their families, agents or anyone else professionally associated with the draw.2. Details of how to enter form part of the terms and conditions. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. The decision of the judges is final and no correspondence will be entered into.3. Entries must be submitted via www.telegraph.co.uk/technology and entry is restricted to one per person. Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of despatch will not be accepted as proof of receipt. The winner will be drawn at random from all entries received by the closing date. The winner’s name and county can be obtained by sending a sae to Samsung Blu-Ray Player Winner, Technology Channel, Telegraph Media Group, 111 Buckingham Palace Road, London SW1W 0DT between June 6 and July 5, 2010.4. All entries must be received by noon on Sunday, May 23, 2010.5. The winner will be notified within 14 days of the closing date of the prize draw.6. The prize as described is available on the date of publication.7. One entrant will win a Samsung UE40 C7000 3D TV; a Samsung 3D Blu-ray Player BD C6900; two pairs of Samsung Active Shutter 3D Glasses with 3D Blu-ray Monsters v Aliens disc; and a 3D-Ready HDMI Cable - Version 1.4.8. All elements of the prize are subject to availability, non transferable and there are no cash alternatives.9. The winner may be required to participate in publicity.10. Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof.11. The Telegraph is responsible for the first part of the promotion, which is the publication and adjudication of the prize draw. All other facilities connected with the provision of the prize are the responsibility of John Lewis plc.Promoter: Telegraph Media Group Limited, 111 Buckingham Palace Road, London SW1W 0DT. By HealthMartIndia.Com
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