Terms & Conditions
Using services offered by www.surplusgarments.in means you accept service terms and conditions of the organization. So, we request you to read our terms and conditions very carefully before using our service.
Subscribing to or using services offered by SurplusGarments.in, means you have read, understood and are bound by the terms (it doesn’t matter how you have subscribe or used our service). If you do not agree or don’t want to be bound by the terms and conditions, then you are suggested not to subscribe to or use our services.
In these terms, “you” or “User” means the end users, who are accessing the website of SurplusGarments.in, its contents and using the Services offered through the Website; “Service Providers” referred to third party service providers and “We”, “Us” and “Our” means SurplusGarments.in and its affiliates.
www.surplusgarments.in ("Website") is an Internet based website owned and operated by M/S Global Sourcing & Apparels, an organization established under the laws of India.
You can use the website after accepting conditions without modification of all the terms, conditions and notices restricted in these Terms, as may be posted on the website of SurplusGarments.in on different time periods. www.surplusgarments.in at its discretion reserves the right not to accept a user from registering on its portal without assigning any reason thereof.
User Account, Password, and Security
After completion of the registration process, you will receive a password and user ID. It is completely your responsibility to maintain the privacy of the account and password. You are responsible for each and every activity done under your password and account. By accepting our terms of usage, you are agreeing to:
• Notify us for any kind of unauthorized use of your password or account or any other violation of security; and
• Ensure that after the end of each session, you will exit from your account. We will not be liable for any kind of loss or damage caused because of your failure to comply with this policy
We are engaged in providing a number of Internet-based services through the Website (all such services, collectively, the "Service"). One such service enables users to purchase products like garments & fashion accessories. Soon after you place the order, we shall deliver the product to you and are entitled for the payment of products/service bought by you.
You have to agree and undertake not to reverse engineer, change copy, distribute, transmit, exhibit, execute, reproduce, publish, license, create copied works from, transmit, or sell any information or software acquired from the Website. Limited copying or reproducing of the contents of the website is permitted, if SurplusGarments.in’s name is declared as the source and our advance written permission is asked. To eliminate any doubt, it is clarified that boundless or wholesale reproduction and copying of the content of the website for commercial or non-commercial reasons and unnecessary amendment of data and information within the content of the Website is not allowed.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. SurplusGarments.in is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. 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. SurplusGarments.in does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. SurplusGarments.in does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. SurplusGarments.in does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. SurplusGarments.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. SurplusGarments.in is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. SurplusGarments.in cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. SurplusGarments.in shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. SurplusGarments.in does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. SurplusGarments.in does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall SurplusGarments.in hold any right, title or interest over the products nor shall SurplusGarments.in have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. SurplusGarments.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. SurplusGarments.in is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall SurplusGarments.in hold any any right, title or interest over the products nor shall SurplusGarments.in have any obligations or liabilities in respect of such contract. SurplusGarments.in is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
9. You release and indemnify SurplusGarments.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SurplusGarments.in cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User'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 pretence.
Rules of Conduct on Site
Without taking the prior written permission of the owner, you may not post, distribute or reproduce any copyrighted materials, trademarks, or other proprietary information of such proprietary rights in any way.
You should not provide any misleading information on the website in any way.
You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
• Is obviously offensive to the online community, like sexually unambiguous content, or content that promotes indecency, paedophilia, racial discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
• Trying to harass or advocating for harassment of another person;
• Trying to involve the transmission of "junk mail," "chain letters," or unwanted mass mailing or "spamming";
• Trying to promote illegal activities or conduct that is insulting, threatening, obscene, defamatory or libellous;
• Trying to infringe upon or violate 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];
• Trying to contain restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Trying to provide instructional information about illegal works including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Trying to gain illegal access or surpassing the reach of authorized access (as definite herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, account information, blogs, communities, friend request, bulletins or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
You must use the website in a consistent manner, maintaining all applicable laws and regulations. If you use the website illegally and/or in unauthorized manner, including without limitations, collecting usernames and/or email IDs of registered users by electronic or other mediums for the purpose of sending unwanted email and illegal framing of or linking to the Sites, are not permitted. This includes any kind of unauthorized interception of the flowing data stream of the website, as well as trying to gain unauthorized access to the website or trying to exceed your authorized access.
You may not engage yourself or any other person or organization in advertising to, or solicitation of, other users through the website to sell or buy any service or product, including, but not limited to, service or product in which the website deals in. To protect our users and clients from such advertising or solicitation, we reserve every right to restrict the total number of messages or emails that you may send to other users in any 24 hours period to a number, which we believe appropriate in its sole judgment.
www.surplusgarments.in reserves all rights to disclose any information (including, but not limited to the identity of the individuals, who are engaged in providing information or materials on the Website) as necessary to satisfy any law, regulation or valid request of the government. We may disclose information to help in investigation of any alleged illegal activity or solicitation of any illegal activity or in response to a lawful court order or subpoena in this regards. SurplusGarments.in can (and you hereby expressly authorize us to) also disclose any kind of information regarding you to law enforcement or other governmental officials, as we, in our sole discretion , believe important or suitable in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Despite these rights of SurplusGarments.in, YOU WILL BE COMPLETELY RESPONSIBLE FOR THE CONTENTS OF EVERY MATERIAL YOU POST IN THE PUBLIC AREAS OF OUR WEBSITE AND ALSO IN YOUR PRIVATE MESSAGES. Messages posted on the website don’t inevitably represent the views of SurplusGarments.in. In no events or accidentally SurplusGarments.in assume or have any kind of accountability or legal responsibility for contents posted or for any declaration, damages or losses resulting from use of product or content and/or appearance of content on the Website or product we offer. Therefore, you hereby differentiate and warrant that you have all essential rights in and to every contents you offer and information it carries and such things shall not violate any proprietary or other rights of third parties or contain any offensive, convoluted, or otherwise illegal information.
Your connection or business contract with, or contribution in endorsement of, advertisers found on or through the websites, which may include payment and delivery of related goods or services offered by us, and any other Terms & Conditions, warranties or symbolizations associated with such transactions, are exclusively between you and such advertiser. SurplusGarments.in shall not be accountable or answerable for any loss or damage of any sort acquired as the result of any such dealings or as the result of the presence of such advertisers on the Website.
It may happen that other users (e.g. hackers or unauthorized users) may post or pass on unpleasant or obscene things on the website and that you may be unwillingly uncovered to such unpleasant and obscene materials. It may happen that others may obtain personal information about you due to your use of the website, and thus the person may use such information to harass or injure you.
SurplusGarments.in does not approve of such unauthorized uses but by using the Websites you acknowledge and agree that www.surplusgarments.in is not responsible for the use of any personal information that you publicly disclose or share with others on the Websites. Please carefully select the type of information that you publicly disclose or share with others on the Websites.
SurplusGarments.in reserves rights to take required action and we can claim damages that may take place due to your connection/involvement in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
User Warranty and Representation
You, as the user of the website have to guarantee, and certify that you are the owner of the content, which you have submitted or otherwise certified to use the content and the content does not break upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by SurplusGarments.in.
Exactness Not Guaranteed
www.surplusgarments.in hereby denies the guarantee of exactness (e.g. appearance and finish) of the final product ordered by you. Quality of any product or service purchased or obtained by user of the website may not meet their expectations.
Intellectual Property Rights
Unless or else specified or anything limited to the contrary or any proprietary material owned by a third party and so expressly mentioned, www.surplusgarments.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to patents, copyright, related rights, trade names, utility models, service marks, trademarks, know-how, designs, trade secrets and inventions (whether patentable or not), source code, goodwill, databases, meta tags, text, content, icons, graphics and hyperlinks. You admit and agree that you shall not use, copy or distribute any content from the website, which belongs to www.surplusgarments.in without obtaining approval from the company.
We hereby clarify that you will be owner and shall solely be responsible for any type of content (text, data, information, images, photographs, or any other material) you provide or upload while using any service, which you may upload, transmit or store when making use of our various Service.
Links to Third Party Websites
The website of SurplusGarments.in may contain links to other websites (“Linked Sites”). The Linked Website are not under the control of SurplusGarments.in and we are not responsible for the contents of any linked websites, including without limitation any link contained in a linked website, or any change or update to the Linked Website. We are not responsible for any form of transmission, whatsoever, received by the user from any Linked Website. We are providing these links to the users only as a convenience, and inclusion of these links does not imply endorsement by us or the Website of the Linked Sites or any connection with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information before undertaking any dependence on such information.
Disclaimer of Warranties/Limitation of Liability
www.surplusgarments.in has attempted to ensure that all information provided on its website is correct, but SurplusGarments.in neither warrant nor make illustration regarding the quality, exactness or wholeness of any data, information, product or Service. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the failure to use the Services; (b) illegal access to or change of the user's transmissions or data; (c) any other matter relating to the services; 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 Website or Service.
Neither shall SurplusGarments.in be accountable for the delay or incapability to use the Website or related services, the condition of or failure to provide Services, or for any information, products, services and related graphics obtained through the Website, or otherwise happening out of the use of the website, whether based on contract, tort, carelessness, strict liability or otherwise. Further, we shall not be held answerable for non-availability of the Website during periodic maintenance operations or any accidental suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. You have to understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
Non-conformance of Lots / Items: As SurplusGarments.in is merely an intermediary, at no time shall SurplusGarments.in hold any right, title or interest in the lots / items being auctioned nor does SurplusGarments.in make any warranty that the lots / items purchased byy shall meet your expectations as to quality, quantity or in any other respect.
Non-Performance by Supplier: If a Supplier breaches the Supplier’s obligation to deliver the lots / items to You, or make the lots / items available for collection by You, as per the delivery order, then SurplusGarments.in’s liability shall be limited to refunding You the Buyer Dues paid by You to SurplusGarments.in, and SurplusGarments.in shall bear no liability whatsoever for any losses or damages to You or Your business associates, including but not limited to loss of profits or special or consequential damages, arising from such breach by the Supplier.
Users agrees to indemnify, defend and hold harmless SurplusGarments.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SurplusGarments.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by them in accordance with these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at our discretion.
Warranty and Product Liability
SurplusGarments.in shall not be held liable for any damaged goods or any injuries resulting from use of any products. We do not provide warranties on any product (s). The information regarding products, we provide to our customer, is limited to the information collected from the public domain and third parties. All displayed products in our catalogue may not be available for sale due to unavailability or any other reasons. Actual colour and size of the products may differ from the screen image.
Product Availability/Out of Stock
We make all efforts to update the stock of all products on our website but the nature of our service makes it extremely difficult to keep a track of all products stock at different locations in real time. In some cases, products that are shown available may not be in stock. In such cases, our customer care team will inform you about the same via e-mail/phone. You may then choose any other alternate product or wait for the availability of the stock or cancel your order. If you wish to cancel your order, then the amount paid by you (in case of credit/debit card or net banking) will be refunded within 5 days of such cancellation. The refund will be made to the credit card or bank account you used for the purchase.
SurplusGarments.in tries to be as accurate as possible. However, SurplusGarments.in does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SurplusGarments.in itself is not as described, your sole remedy is to return it in unused condition.
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. SurplusGarments.in will try to be accurate, however in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SurplusGarments.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is incorrectly priced, SurplusGarments.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and SurplusGarments.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address/phone no. provided by you during the time of registration, or cancel the order and notify you of such cancellation. We strive to provide you with best value, however prices and availability are subject to change without notice.
Cancellation of Order
SurplusGarments.in reserves the right to cancel any order without any explanation for doing so, under situation where SurplusGarments.in is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the SurplusGarments.in policy or for any other reason. However, SurplusGarments.in will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
You agree to defend, indemnify and hold harmless SurplusGarments.in, its employees, directors, partners, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to SurplusGarments.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination of Agreement
This User Agreement is effective unless and until terminated by either you or SurplusGarments.in. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.
SurplusGarments.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to SurplusGarments.in. Upon any termination of the User Agreement by either you or SurplusGarments.in, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. SurplusGarments.in’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
SurplusGarments.in reserves all rights to suspend or terminate your use of the Website or any Service if we believe, in our sole and absolute discretion that you have violated a term of these Terms.
Although section listed above, these Terms will carry on indefinitely unless and until we choose to terminate them.
If you or www.surplusgarments.in may terminate your use of the Website or any Service, we may remove any content or other objects relating to your use of the Service and we shall have no liability to the user or any third party for doing so.
You shall be accountable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever. Further, users will be entitled to their royalty payments as per the User License Agreement that has or is legally deemed accrued to them.
All of the above mentioned laws shall be administrated by and constructed in compliance with the laws of India without reference to conflict of laws values and clashes arising in relation hereto shall be subject to the exclusive authority of the courts at Delhi.
All headings and subheadings mentioned in our website are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you restricted herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders
All Terms of this website shall apply equally to both the singular and plural form of the terms defined. Whenever the circumstance may need, any pronoun shall include the related masculine and feminine. The words "include", "includes" and "including" shall be believed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is resolute to be completely or partly unacceptable or unenforceable, such unacceptability or unenforceability shall attach only to such condition or part of such condition and the remaining part of such condition and all other conditions of these Terms shall continue to be in full force and effect.
SurplusGarments.in doesn’t review/check all content in any way before they become visible on the website of www.surplusgarments.in. SurplusGarments.in do not verify, support or otherwise guarantee for the contents of any user or any content generally posted or uploaded on to the Website of SurplusGarments.in. You can be held lawfully responsible for their contents and may be held legally answerable if their contents or material include, for example, offensive comments or material confined by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.