Summary, for convenience only. This website is a wholesale facility for shops buying goods for resale. We approve every account ourselves. An order placed here is a request; it becomes a sale once we confirm it and receive full payment. Goods are sold ex-warehouse Rajkot and travel at the buyer's risk once handed to the transporter. We do not accept returns, and an order can be cancelled only before dispatch. This summary does not form part of these Terms and does not qualify the clauses below.
1 Scope and acceptance
1.1These Terms of Service ("Terms") govern the use of the website testationery.in and every service, account, communication and transaction offered through it (collectively, the "Platform"), operated by Tirth Enterprise, a proprietary concern having its place of business at Amin Marg, Rajkot – 360001, Gujarat, India ("Tirth Enterprise", "we", "us" or "our").
1.2These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules made under it, and a contract formed by electronic means under Section 10A of that Act. This record is generated by a computer system and does not require any physical or digital signature.
1.3By accessing the Platform, registering an account or placing an order, you agree to be bound by these Terms, by the Privacy Policy and by the Media Usage Policy, each of which forms part of these Terms. If you do not agree, you must not use the Platform.
2 Definitions
In these Terms, unless the context requires otherwise:
- "Buyer" or "you" means the commercial establishment that holds an account, and the proprietor, partner, director or authorised representative acting for it.
- "Goods" means the products offered on the Platform.
- "Order" means a request to purchase Goods submitted through the Platform or through any channel we accept, including messaging and electronic mail.
- "Confirmation" means our communication accepting an Order, which may take the form of a proforma invoice, a tax invoice or a written message stating the Goods, the price and the amount payable.
- "Transporter" means the carrier, courier or transport operator to whom the Goods are handed for delivery, whether nominated by you or arranged by us at your request.
3 Eligibility
3.1The Platform is a business-to-business facility made available to commercial establishments purchasing Goods for resale or for use in the course of their business. It is not offered to consumers.
3.2You may use the Platform only if you are competent to contract under the Indian Contract Act, 1872, and only through a person of eighteen (18) years of age or above who has authority to bind the establishment.
4 Accounts
4.1Every account is subject to our approval. We may approve, decline or ask for further proof of any application at our sole discretion, without assigning any reason.
4.2You shall furnish particulars that are true, complete and current, including your business name, contact details, Goods and Services Tax Identification Number where you hold one, and proof that you carry on business. You shall keep them updated.
4.3You are responsible for every activity carried out through your account and for keeping your password and any device you sign in on secure. You shall inform us without delay if you believe your account has been used without your authority.
4.4An account is personal to the establishment for which it was opened and shall not be transferred, shared or sold.
5 Suspension, restriction and closure
5.1We may, at our sole discretion and with or without notice, pause ordering on an account, suspend it for a period or until further notice, or close it, where we consider it necessary, including where:
- (a) any particular furnished to us is untrue, incomplete or cannot be verified;
- (b) these Terms have been breached, or an amount due to us remains unpaid;
- (c) the account is used, or we reasonably suspect it is used, for any purpose prohibited by Clause 12; or
- (d) we are required to do so by law or by an authority.
5.2We are not obliged to state the reason for any such action. Where an account is closed, we may decline any further application from the same establishment or person, or from the particulars associated with that account.
5.3Suspension or closure does not affect any Order already confirmed and paid for, any amount due to us, or any right or obligation that accrued before it.
6 Products, information and prices
6.1We take reasonable care to describe and photograph the Goods accurately. Colours, finishes and sizes may vary slightly from the images shown, and designs may change from one consignment to the next.
6.2Goods are sold by the case or in the quantities shown on the Platform. The contents of a case are as stated on the product page at the time of Confirmation.
6.3Unless stated otherwise, prices are ex-warehouse Rajkot and exclusive of Goods and Services Tax, freight, insurance and any other charge, all of which are payable by you.
6.4Prices, minimum order values, discounts and offers are as shown on the Platform at the time the Order is placed, and may be changed, withdrawn or applied selectively at any time without notice. A discount or offer applies only where it is stated in the Confirmation.
6.5Where prices are made available only to approved Buyers, they are trade information given to you for your own purchasing. You shall not publish or share them with any other person.
6.6Where a price or other particular on the Platform is wrong owing to an error, we may correct it and decline or cancel any Order affected by it, refunding any amount received for that Order.
7 Orders and formation of contract
7.1An Order is an offer by you to purchase the Goods stated in it. It does not bind us.
7.2A contract for the sale of Goods is formed only when we issue a Confirmation and receive full payment of the amount stated in it. Until then, we may decline an Order in whole or in part, including where the Goods are not in stock or an Order exceeds the quantities we supply.
7.3Each confirmed Order is a separate contract on these Terms. No other terms, including any printed on your purchase order or communication, apply unless we agree to them in writing.
8 Payment
8.1Every Order shall be paid for in full, in advance, before the Goods are dispatched. We do not extend credit unless we agree to it in writing for a particular Order.
8.2Payment shall be made only to the bank account or payment details stated in the Confirmation or communicated by us directly. We are not responsible for any payment made to any other account, including on the strength of a message that did not come from us.
8.3Freight is confirmed to you before payment where we arrange it. Freight payable to a Transporter on delivery is settled by you with the Transporter.
9 Dispatch, delivery and risk
9.1Goods are dispatched from our warehouse at Rajkot to the Transporter. Any date or period given for dispatch or delivery is an estimate only, and a delay shall not entitle you to cancel a paid Order or to claim compensation.
9.2In accordance with Section 39 of the Sale of Goods Act, 1930, delivery of the Goods to the Transporter for transmission to you is delivery to you. Risk in the Goods passes to you at that moment.
9.3We shall share the lorry receipt or consignment note with you. Any claim for loss of, or damage to, the Goods in transit lies against the Transporter, and we shall give you such documents as we hold to support it.
9.4Property in the Goods passes to you upon full payment and delivery to the Transporter.
9.5Where you collect the Goods from our warehouse, delivery takes place, and risk passes, when the Goods are handed to you or to your representative.
10 Shortage, wrong item and inspection
10.1You shall count the cartons and check their seals in the presence of the Transporter, noting any shortfall or damage on the delivery receipt before accepting it. You shall then open and check every consignment and record a continuous, unedited video of the unpacking, beginning with the sealed package and its label.
10.2A shortage in the number of pieces, or the supply of a design other than the one confirmed, shall be reported to us within forty-eight (48) hours of delivery, together with that video, the lorry receipt and photographs of the package.
10.3We shall examine every claim made in accordance with Clause 10.2. Where we accept it, we shall, at our option, send the missing or correct Goods with your next consignment or issue a credit note for their value against a future Order. No Goods are taken back and no cash refund is made. A claim not made in that manner and within that period shall be deemed waived.
10.4Damage to the packaging or to the Goods caused in transit is governed by Clause 9.3 and is not a claim against us.
11 Cancellation and returns
11.1You may cancel a confirmed Order only before the Goods are dispatched, by writing to us. Any amount received for a cancelled Order shall be refunded to the account from which it was paid, less any charge already incurred at your request.
11.2Once the Goods are dispatched, an Order cannot be cancelled. We do not accept returns or exchanges of Goods save as provided in Clause 10.
11.3We may cancel a confirmed Order before dispatch where the Goods have become unavailable or in any case described in Clause 6.6, refunding in full any amount received for it. Our liability for such a cancellation is limited to that refund.
12 Acceptable use
You shall not, and shall not permit any person to:
- (a) furnish false particulars, impersonate any person, or open an account for an establishment you are not authorised to represent;
- (b) copy, scrape, download in bulk, or extract the prices, product information, images or any other content of the Platform by any automated or manual means, other than for placing your own Orders;
- (c) use the Platform or its content to build, supply or support a competing catalogue, price list or business;
- (d) interfere with the security or operation of the Platform, attempt to gain access to any part of it not made available to you, or use it in any manner that is unlawful;
- (e) open or use a further account after your account has been suspended or closed, without our written consent.
13 Intellectual property
13.1The Platform and its content, including product photographs, videos, descriptions, designs, the name and logo of Tirth Enterprise and the software, belong to us or to our licensors and are protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable law.
13.2The use of product photographs and videos is governed by the Media Usage Policy. No other right in any content is granted to you.
14 Communications
14.1You agree that we may communicate with you, about your account, your Orders and any related service matter, by electronic mail, text message, messaging service or telephone, at the particulars registered on your account.
14.2A communication sent to those particulars is deemed received when sent. Records of Orders, Confirmations, payments and communications kept by us in electronic form shall be admissible as evidence of their contents.
15 Limitation of liability
15.1The Platform is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, timely or free of error.
15.2To the fullest extent permitted by law, we shall not be liable for any loss of profit, business, goodwill or opportunity, or for any indirect or consequential loss, arising out of or in connection with the Platform, an Order or the Goods.
15.3Our total liability arising out of or in connection with any Order shall not exceed the price paid to us for the Goods in that Order.
16 Indemnity
You shall indemnify and hold harmless Tirth Enterprise, its proprietor and its staff against any loss, damage, cost or claim, including reasonable legal costs, arising out of your breach of these Terms, any particular you furnished being untrue, or your violation of any law or of any right of another person.
17 Events beyond our control
We shall not be liable for any delay or failure in performing our obligations caused by an event beyond our reasonable control, including natural calamity, epidemic, fire, flood, strike, transport disruption, failure of a supplier or carrier, governmental action, or interruption of internet or power services.
18 Amendments
18.1We may amend these Terms from time to time. The amended Terms take effect upon publication on this page, and the date stated at the head of this page will be revised accordingly.
18.2An Order is governed by the Terms in force on the date of its Confirmation.
19 Governing law and jurisdiction
19.1These Terms, and every Order and contract formed under them, are governed by and shall be construed in accordance with the laws of India.
19.2The courts at Rajkot, Gujarat shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms, the Platform or any Order.
20 General
20.1Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
20.2No waiver. A failure or delay by us in exercising any right shall not operate as a waiver of it.
20.3Assignment. You may not assign or transfer any right or obligation under these Terms. We may assign ours in connection with a transfer of our business.
20.4Entire agreement. These Terms, together with the Privacy Policy, the Media Usage Policy and the Confirmation for each Order, constitute the entire agreement between you and us in respect of their subject matter.
21 Contact and grievances
21.1Any notice, question or grievance concerning these Terms may be addressed to Tirth Enterprise at the address stated in Clause 1.1, by electronic mail to contact@testationery.in, or by telephone to +91 63531 35986.
21.2We shall acknowledge a grievance within forty-eight (48) hours of receipt and shall endeavour to resolve it within thirty (30) days.