Buyer's Terms and Conditions

It is hereby clarified that the Products supplied and sold via the Website are sold and supplied solely by third parties. The Website is merely a platform which allows Users and Sellers to engage in the sale and purchase of Products, and therefore the applicable Seller shall be solely responsible for any Product sold by him, its quality, nature and conditions of sale and supply and its supply shall be made solely by the Seller. In addition, the User shall be responsible for performing all necessary tests required for the purpose of completing a purchase, prior to the actual purchase via the Website, checking the terms of sale presented by the applicable Seller, including any costs associated with the price of the Product being sold and so forth.

Please read these conditions carefully before placing an order for any items with the Sellers ("We" or "Our" or "Us", wherever applicable) on HAPELL.COM (the website). These conditions signify your agreement to be bound by these conditions.

1.CONTRACT:

Your Bid is an offer to us to buy the product(s) in your order. When you place a Bid to purchase a product / item from us, it is a mere offer and is only accepted after the seller’s / celebrity’s confirmation, as per their choice, and after the bid confirmation, you will receive an e-mail confirming your Bid. After which the bidder must make the payment within 24 hours, otherwise the order will be held cancelled. The Order Confirmation E-mail is an acknowledgement that we have received your order, and hence does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the payment is made and the product shall be dispatched / handed over to you.

i.CONSIDERATION
- a.Celebrity Articles, Old Stamps, Old Coins, Antique pieces:
  - Consideration for Celebrity Articles, Old Stamps, Old Coins, Antique pieces shall be the bid amount as the bidder proposed to pay through bidding which shall be inclusive of GST, Commission etc.
- b.Prosthetics:
  - For those who are needy and can't afford to buy these products, company shall issue voucher code, once he / she wins certain amount through spinning wheel (after necessary KYC Check and validation as per company norms) for supporting such purchase, consideration shall be Nil amount upto the amount of voucher code that has been issued to such person.
  - For others, consideration shall be the price of the product as mentioned in the website, HAPELL.COM .
- c.Orthotics & Assistive aids:
  - For those who are needy and can't afford to buy these products, company shall issue voucher code, once he / she wins certain amount through spinning wheel (after necessary KYC Check and validation as per company norms) for supporting such purchase, consideration shall be Nil amount upto the amount of voucher code that has been issued to such person.
  - For others, consideration shall be the price of the product as mentioned in the website, HAPELL.COM.

ii.CONTRACTUAL CAPACITY

People who fall into one or more of these categories may not have legal capacity to validate this contract:
- a.Minors:
  - Use of HAPELL.COM is available only to persons who can form 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.
- b.Someone with a brain disorder (e.g., dementia).
- c.Someone under the influence of drugs or alcohol.
- d.Someone without sufficient understanding of the language used in the contract.
iii.CONTRACT LEGALITY

Any liability arising out of these following situations; shall not be binding on the company
- a.Undue Influence, Due to stress, Misrepresentation:
  - When any party to the contract signs as a result of false statements, or improper persuasion
- c.Force Majeure:
  - When circumstances beyond the control of the parties make it impossible to satisfy the obligations of the contract.

2.Taxes:

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to GST, TDS duties and cesses etc.

3.Communications:

When you visit HAPELL.COM you are communicating with us electronically. You will be required to provide a valid phone number and / or email id 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.

4.Losses:

We will not be responsible for any business loss (including loss of contracts, 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.

5.Returns:

Items purchased from HAPELL.COM shall be returned only as per seller’s policy.

6.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).

7.Events beyond our reasonable control:

We will not be held responsible for any delay or failure to comply with our obligations under any conditions if the delay or failure arises from any cause which is beyond our reasonable control.

In any case, if Hapell, the company, not being able to provide the product / item in return of the amount paid due to any reason. The amount paid in advance of the product shall be returned to bidder and Hapell Collections Private Ltd., in any way, shall not have any liability in any form other than the amount to be refunded which was paid by the bidder for acquiring such product.

8.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 Siliguri.

9.Time Period:

i.Payment

After the confirmation of the bidding, the bidder has to make the payment within 24 hours of the confirmation.
ii.Delivery
- a.Celebrity Articles, Old Stamps, Old Coins, Antique pieces, the delivery of these articles is to be made within 10 days.
- b.Prosthetics items are to be delivered within 7 days.
- c.Orthotics & Assistive aids are to be delivered within 7 days.
- However, the delivery time period may vary on case to case basis.

10.Shipment Charges:

The shipment charges for different Prosthetic items or Orthotics and assistive aid items will be charged separately and is not included in the price of product as displayed in the website, HAPELL.COM, it may also vary depending on the size of the product / item or the geographical location.

11.Interaction with Celebrity:

There is no liability on behalf of the company to create any contact between the seller / celebrity and the buyer / bidder. However, if there is any possibility of meeting the celebrity in case he / she agrees to do so, company shall be happy to fix an appointment for such meeting, however the to and fro or any other expenses borne by any party shall not be borne by Hapell in any form.

12.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.

13.Bidding shall happen for a specified period, where status of bid open, bid closed and bid withdrawn shall be shown.

14.This platform shall provide only platform to interact between parties. No where company shall indulge in purchase and sale transactions on agent relationship basis.

15.All invoices to be made by vendors in the name of buyers. Celebrity articles shall be billed by celebrity, Coins shall be billed by coin seller, Stamps shall be billed by Stamp Seller, Prosthetic & Orthotics & assisstive aids shall be billed by the respective Vendors. All these to be billed to the buyer.

16.In case it is found that this platform is being used against the government rules and regulation attracting the violation of various laws including Anti-Money Laundering Act, 2002. In such case, company preserves the right to block such users or do such needful act as is required.