Welcome to CraftifyRNA! This website is owned and managed by RNA Business Enterprise. All orders placed by you are subject to made on order by Seller and conditional on your acceptance and adherence to these terms and conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Parties to the contract
- “Seller” means Craftify RNA a print-on-demand business under RNA Business Enterprise having its office at 248, Ward No. 8, Behind of hospital, Retpura, Ambah – 476111, Morena, Madhya Pradesh.
- “Client” means the person or legal entity entering into the contract with the Seller.
2. Acceptance, Variation, and Scope
2.1. Contracts will not come into effect between Seller and Client until Client’s order has been accepted by Seller in writing. Any such contract shall be subject to these below-mentioned conditions. Any attempt by the Client to incorporate other terms and conditions shall be null and void and of no legal effect. No variation of the Conditions shall be effective unless made in writing and signed by the Seller. Any concessions which are given, are subject to the order not being varied and the value of the order being maintained. Any goods supplied to Seller by a third party are accepted by Client on the basis of a Commercial Standard irrespective of the final intended use. The Terms and Conditions of the commercial standard of acceptance are those provided to the Seller by the third-party contractor.
3. AVAILABILITY, STORAGE, AND FITTING
3.1. Acceptance and Completion of an order is always subject to the goods which have been ordered being available and Seller shall be under no liability for delay or nonperformance caused by any other circumstances beyond Seller’s control.
3.2. All personalized items are made to order as per customers choice and supplied after quality check of these items.
4. DELIVERY, RETURNS, AND SHIPPING
4.1. Time of delivery of the goods and/or installation (including replacements) shall not be the essence of any contract. Any date for delivery and/or installation given by Seller is the best estimate that can be made and Seller shall not be liable for any loss or damage (whether direct or consequential) caused by delay in delivery or fitting being after any quoted date. All goods delivered by or on behalf of Seller become the liability of Client upon delivery and/or further delivery at the address given for delivery.
4.2. All orders may carry a minimum delivery charge which, if any, the Seller shall add thereto in the invoice and the Client agrees to pay in full. All orders will be shipped accordingly using the freight/shipper company of the Seller’s choice.
4.3. Where delivery has taken place directly to Client’s premises, at the point of signing for the items, Client takes full responsibility for those items unless Seller attends site to continue with installation or maintenance if expressly agreed to in writing by the Seller.
4.4. In the unlikely event of any defect being noticed in any goods, Seller will exchange the said defective product only if said defective product is:-
4.4.1. unused and/or
4.4.2. is returned (at the Client’s cost) with all tags intact,
4.4.3. has not to be altered,
4.4.4. the defect is brought to our notice within 02 days from the time of delivery,
4.4.5. Inter-brand exchange is not allowed,
4.4.6. Sales and discount products cannot be exchanged and/or returned,
In no circumstances, the liability of the Seller exceeds the value of the goods. It is the seller’s discretion to provide a cash refund in any case of product return or exchange.
4.5. If after delivery, the items are damaged or lost on-site by any person other than Seller, Seller accepts no liability for these goods. No responsibility shall be accepted by Seller for breakages or shortages unless the goods signed for are damaged, broken or short upon delivery and the same must be notified by Client to Seller in writing within 24 hours from delivery
4.6. Seller does not provide the Client with insurance on the delivery of the goods. Any loss in transit or damage to the product on delivery of the goods for reasons beyond the control of the Seller shall be at the cost and consequence of the Client. The sole obligation to provide insurance for safe delivery shall be of the Client. In the event Client wishes to facilitate the benefit of insurance, Client must contact Seller and make payment of insurance charges to the Freight/Shipper as per actuals.
4.7. In case of return of goods by Client, if the goods are found to be damaged beyond the complaint raised by the Client, the Client agrees that the Seller reserves its right to refund only part of the payment received, as the case may be. The cost of –
- freight/shipping (forward and/or reverse)
- transaction cost @ 3% of order value
- nominal packaging charges
shall be charged to the Client and will be adjusted with the said refund.
4.8. Where the defective goods are –
4.8.1. branded in nature and the Seller is an authorized dealer for such brand/manufacturer, the sole responsibility and onus to repair or refund the cost of the goods shall rest upon such brand/manufacturer (including authorized service centers) only and the Seller shall support the Client and cooperate with the Client to repair/make refund thereof;
4.8.2. non branded and/or imported in nature and/or the Seller is not an authorized dealer for such brand/manufacturer, the onus to repair the goods shall rest upon the Client.
4.9. Non-delivery of goods must be notified in writing to Seller and (if appropriate) to the relevant carrier/freight/shipper within 10 days of despatch. In all cases, notification time is of the essence.
4.10. Seller is under no obligation to Client to obtain written or signed delivery notes for carrying out the agreed operations or delivery of orders.
4.11. Where a complaint is notified to Seller in accordance with the above conditions and is accepted, the Client shall have the sole discretion to request a replacement of the Goods or a refund.
4.12. Seller shall take utmost care to deliver the goods through the freight/shipper to the Client. The accuracy of providing the correct information about the address of the Client is the sole responsibility of the Client. In the event the freight/shipping company fails to deliver the goods to the Client for reasons beyond the control of the Seller including the wrong address provided by the Client and the said goods are returned to the Seller, the Seller may at its discretion levy additional shipping charges to be paid by Client for redelivery of the said goods. In case the Client fails and/or refuses to make payment of additional charges, the Client agrees that the Seller reserves its right to refund after adjusting the cost of –
- freight/shipping (forward and/or reverse)
- transaction cost @ 3% of order value
- nominal packaging charges
for return of goods which shall be charged to the Client.
4.13. Time for performance of any work is not to be the essence of any contract. Any date for the commencement or completion of work given by the Seller is the best estimate that can be made. Any failure by Seller to commence or complete any work on any such estimated date shall not entitle Client to refuse to perform any of his obligations under this agreement nor shall Seller be liable for any loss or damage (whether direct or consequential) thereby caused. Delivery of materials and/or the performance of any work hereunder may be totally or partially suspended by Seller during any period in which it is prevented or hindered from such delivery or work by reason of any circumstances beyond its control and such suspension shall not give rise to any claim by Client against Seller nor shall it give Client the right to terminate any agreement with Seller. Where goods contracted for are deliverable by installments, each delivery shall be deemed to be the subject of a separate enforceable contract.
4.14. In the event, Client has opted for urgent delivery of goods, and the same is delivered late on account of –
4.14.1. delay in a dispatch by Seller, the Seller shall facilitate a refund for the goods to the Client in case of cancellation of an order, subject to deduction of shipping charges;
4.14.2. delay in a dispatch by Freight/Shipper, it shall be at the Seller’s sole discretion to accept cancellation of order and refund of any payment thereat.
4.15. Since time is not the essence of delivery, the Seller shall make the best effort to facilitate the delivery of goods within the estimated time. Since Seller does not have direct control over the pickup and/or delivery schedule of the Freight/Shipper, it shall be at the discretion of the Freight/Shipper to provide Client with Pickup/Delivery options, if available at the location of the Client.
5. PRICES
5.1. Goods may be sold at MRP (Maximum Retail Price). Discounts offered by the manufacturer may be passed on to the Client. Discount on the MRP may be given by Seller at its sole discretion. Prices and discounts are subject to change without notice. All pricing reflected is in INR / Rs. unless otherwise indicated. All bank/cashless fees associated with domestic transactions are the responsibility of the Client.
5.2. The Client is responsible for and shall pay all taxes, charges, levies, and duties of any nature payable in connection with the Order. Where GST is applicable to any Order, the Seller is entitled to charge GST on the payment of the Order. If Seller is liable for GST, then Seller shall provide to the Client information that may be reasonably required to establish its liability for GST; and shall provide such information and documents as may reasonably be required by the Client to enable the Client to claim an input tax credit under the GST law.
5.3. Seller reserves the right to vary the contract price (whether in respect of sale and/or installation) at any time to take account of:
5.3.1.1. Any increase due to Force Majeure or government legislation.
5.3.1.2. Any alteration made in the specification upon which the contract is based.
5.3.1.3. Any costs for waiting time or other expenses incurred by Seller as a result of matters beyond its control.
5.3.1.4. Special deliveries or part-deliveries or any other variation of the original order made at the request of the Client.
5.3.1.5. Any additional work which is required by any aspect of the state or condition of Client’s premises unless Seller was aware of such aspect when its quotation was given. Or
5.3.1.6. Any changes in material costs throughout the period of the contract. The client shall be notified in writing regarding these changes and the Seller is not obliged to seek further agreement from the Client before carrying out contract works.
6. REPRESENTATIONS
6.1. The employees of Seller are not authorized to make oral representation as to the description, quality, or fitness for any purpose of any goods or maintenance service nor as to their suitability or installation in any premises specified by Client. If the Client prefers an official report, the Client must contact the Seller directly.
6.2. All descriptions and other information contained in advertisements and estimates are based on information received from Seller’s suppliers and Seller cannot be held responsible for any inaccuracies in their information passed on in good faith.
6.3. Whilst Seller makes every effort to be accurate at all times, Seller accepts no liability for actions taken by Client on the advice of Seller unless recorded in writing by Seller.
7. OBLIGATIONS OF SELLER AND CLIENT
7.1. The obligations arising under any agreement between Seller and Client shall not be affected in any way by the alleged non-performance or defective performance of any other contract which Client may have made with any other Seller for the purchase and/or installation of any goods. In particular (but without prejudice to the generality of the foregoing) Client shall be liable to pay the full price payable to Seller in accordance with the payment conditions agreed between Client and Seller notwithstanding any claims which Client may have against any other Seller.
7.2. Client agrees to indemnify the Seller against any costs (including without limitation legal costs on a full indemnity basis) that the Seller may incur in connection with recovery or attempted recovery of overdue amounts. The client shall pay all amounts due under the Contract/Invoice along with interest in full without any set-off, counterclaim, deduction, or withholding (except for any deduction or withholding required by law).
7.3. The Seller may at any time, without limiting its other rights or remedies, set off any amount owing to it by Client against any amount payable by the Seller to Client. All goods delivered by or on behalf of Seller become the liability of Client upon delivery at the address given for delivery. Client agrees to provide unimpeded access for the employees and vehicles of Seller, its subcontractors, and carriers on or into Client’s property for the purpose of delivering goods to Client or for any related purpose.
8. DESIGNS AND DESIGNING PROCESS
8.1. Designs, illustrations, and drawings whether contained in Seller’s specifications or otherwise must be regarded as approximate representations only. The client must satisfy himself/herself/itself that the goods are fit for the Client’s purpose. Where Seller has undertaken to offer a design service, the drawings and the design shall remain the property of Seller until such time as Client enters into the contract and is paid for in full.
8.2. Where Seller is not directly contracted to install services for the aquarium (including water/electricity/support stand etc), in the event the illustrations are not within industry standards, Seller accepts no responsibility for these drawings or the action taken by Client upon them. The client is solely responsible.
8.3. Upon ordering and settling the deposit due from Client, if any, Seller is not liable to refund this deposit at any time if Client cancels their order. All modifications to aquarium orders must be made in writing. Seller reserves the right to refuse such modifications if construction has started or add additional costs that are incurred as a result of said modifications.
9. TITLE OF GOODS
9.1. All goods remain the absolute property of Seller until delivered and paid for in full (including any additional charges and GST) by Client. Such retention of title shall be no grounds for the Client to fail to complete the purchase. At any time after default in payment by Client, Seller is entitled to demand the return of all goods not paid for in full by Client. Client hereby licenses Seller to enter the premises of Client and claim such goods in the event full payment is not made within 14 days of the final date for payment. Delivery of goods to Client’s site bestows upon Client to take responsibility for these goods, however, the absolute legal ownership of the goods remains with Seller until full payment is cleared.
10. CONDITION NOT SUITABLE
10.1. In the event the condition of the premises is not suitable as per the requirement of Seller and Client acknowledges the same, for the application of products or carrying out of services, Client waives all warranties in relation thereto and agrees to pay Seller with any incidental and/or extra charges thereat and further indemnifies Seller from any claim, loss, damages, injury to person or property arising from Seller performing the Services to the fullest extent at law. Seller therefore cannot provide any warranty or guarantee in relation to the provision of Services.
11. FAULTY GOODS AND FAULTY INSTALLATION
11.1. Seller shall only supply Goods for use within the scope of the published specifications from the relevant manufacturer or supplier. In the event of any materials or goods being faulty or defective in material or workmanship, Seller shall (at its option) repair or replace any faulty goods free of charge provided that the complaint is registered in writing within 2 days from the time of delivery.
11.2. Further Seller shall in no circumstances be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof –
11.2.1. for any increased cost or expenses, or
11.2.2. for any loss of profit, business contracts, revenues or anticipated savings, or
11.2.3. for any direct, special indirect, or consequential damages of any nature whatsoever.
11.3. Seller shall only supply and use materials and goods within the scope of the published specifications from the relevant manufacturers or suppliers but the goods are supplied subject to any Conditions of Sale relating thereto by the relevant manufacturer or supplier. In the event of any materials or goods being faulty, Seller’s own financial liability in respect of such faults shall be limited to the value of goods/services provided by Seller. However, in the event of any item of goods supplied proving defective in material or workmanship, Seller shall (at its option) repair or replace such item free of charge, provided that a complaint is made by Client within 2 days from the time of delivery. No responsibility can be accepted by the Seller for any damages or missing items after 2 days from the time of delivery.
11.4. Client should check the installation work carried out by the Seller. If any work carried out by Seller or any of its sub-contractors is proved by Client to be faulty, Seller will rectify such faults free of charge provided that a written complaint is made before completion. The seller cannot accept liability for any loss or damage (direct or consequential) resulting from alleged faulty installation howsoever caused.
11.5. Client accepts that there is a commercial standard acceptable for the goods/services. If Client and Seller stand 2 meters away from the aquarium and can identify a potential defect jointly, Seller shall accept the defect in accordance with its terms of business and liability procedure. If Client and Seller disagree as to the visibility, an independent third party shall be provided at Client’s expense to comment officially. This person shall be chosen by the Seller and confirmed by the Client prior to engagement.
12. FORCE MAJEURE
12.1. Any delay or failure of Seller to perform its obligations hereunder shall be excused, if, and to the extent that it is caused by an event or occurrence beyond the reasonable control of the Seller and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, epidemic, pandemic, action by any government authority, fires, floods, windstorms, lightning, explosions, riots, natural disasters, wars, sabotage, labor problems, inability to obtain power, material, labor, equipment or transportation, or court injunction or order; provided that written notice of such delay shall be given by the Seller to Client within ten days.
If Seller is delayed at any time in the commencement or progress of its work for the Project due to any act or neglect of Client, then the Project shall be extended for such reasonable time as Seller may determine in its sole discretion.
13. RECTIFICATION OF DEFECTIVE WORK
13.1. If any work carried out by Seller or its sub-contractors is proved to be defective in material or workmanship, Seller shall arrange for the work to be re-done free of charge provided that a complaint is made by Client within 2 days from when the work is or should have been completed. The rights set out hereinabove replace any rights to which Client would otherwise be entitled and all implied terms as to the quality or fitness of any materials supplied or work done under this Agreement or as to the correspondence of any such materials with description or sample are hereby expressly excluded. Without prejudice to the generality of the above Seller cannot accept any responsibility for loss or damage (whether direct or consequential) resulting from any actual or alleged defects in material or in workmanship howsoever caused.
14. PACKAGING AND RETURNABLE EMPTIES
14.1. All returnable packages and packing materials shall be charged to the Client in full on the relevant invoice. If goods are returned by Client to Seller, adequately identified, carriage paid, no damage and in new and good working condition, full credit shall subsequently be given by Seller. If the damaged goods received by Seller are found to be damaged beyond the complaint raised by the Client, it shall be at the cost and consequence of the Client alone. After 10 days from the date of the relevant delivery, however, packages shall not be accepted back by the Seller and if they are returned, no credit shall be allowed under any circumstances whatsoever.
15. TERMS OF PAYMENT
15.1. The contract price shall be payable as soon as the Client accepts the Seller’s quotation. The balance (if any) shall be payable on the day prior due to either delivery, collection, or installation as applicable.
15.2. If the Client fails to pay an amount on the due date the overdue sum shall carry interest at the monthly rate of 18% p.a. calculated on a daily basis until payment.
15.3. On the non-payment of any dues to Seller, (in addition and without prejudice to its other rights referred to in these Conditions) Seller shall have the right to cancel every contract made with Client and/or suspend or to continue the performance of any work at Seller’s option without prejudice to Seller’s right to recover damages for any loss sustained by it.
15.4. When payment is due to Seller, Seller may (as it wishes) offer a set discount term which Client can utilize if they so wish. If the payment is not settled within the discount term (usually 14 days), the Seller shall have the automatic right to retract the discount offer and recover the original 100% total on the invoice.
15.5. If Seller is required to seek legal/specialist collection advice and services in relation to an unpaid debt by Client, Client shall be liable to pay for these services without prior agreement to the said costs. These costs shall be added to the Client’s existing bill.
15.6. Seller may (on most occasions) modify the yearly price changes of goods and services.
15.7. Seller and Client at times may agree on special deals or discounts in relation to the goods/services. If Client agrees to a discounted price on the agreement of an exchange of goods/services/rights of activity, and subsequently revokes this agreement once Seller has carried out the discounted works, Seller has the right to seek reimbursement for the discounted amount in full within 14 days. The client cannot renegotiate this agreement as a result of separate works.
15.8. Should at any time the law change in relation to GST, Seller reserve the right to collect the tax due from Client at any subsequent date.
16. COMPLAINTS
16.1. All complaints about the sale of goods or rendering of service must be given in writing only to Seller within 24 hours of the goods/service being carried out or on delivery notice. The client must keep goods in a state that causes no further damage to the consignment until collected by the Seller. Any complaint of failure to deliver goods must be made within 7 days of the due date of the delivery. Seller is not liable to Client for any further loss whether in contract or in tort. The client is not entitled to offset any amount due to Seller against the sum due to Client unless expressly agreed by Seller.
17. ORDERING PROCEDURE AND CLIENT’S RIGHT TO CANCEL
17.1. The ordering process from Client to Seller can be made in writing or through the website or through online e-commerce platforms or over the phone or verbally. Once the order has been received in writing and confirmed to the Client, the Client is committed to acceptance of the goods and subsequent payment. The client understands there is no right to return these ordered goods.
18. MAINTENANCE SERVICE PROVISIONS AND COSTS
18.1. Any fair “wear and tear” of the aquarium incurred during maintenance shall not be the liability of the Seller. Except in respect of negligence or error on the behalf of Seller, Seller accepts no liability for livestock, equipment, cabinetry, and dry goods handled during its servicing operation. Any subsequent third-party damage due to malfunctioning equipment shall not be at the liability of the Seller.
18.2. Client must allow Seller unrestricted access to the property during the maintenance period. If for whatever reason, including Force Majeure, Seller cannot attend to their services and are forced to wait for access, Client can expect Seller hourly charge to start and continue until access is granted. Seller shall cease to continue with contracted maintenance procedures if any outstanding invoice over 60 days is not settled.
18.3. Any subsequent damage or death within the aquarium shall not be at the liability of the Seller. The client accepts that any failure of equipment that leads to water damage to third-party areas is not the responsibility of the Seller. Seller reserves the right to review the ongoing maintenance charges on a yearly basis to adjust for increases in substantial costs including fuel and travel expenses. Furthermore, the maintenance shall be adjusted in line with inflation on a yearly basis.
19. CONTRACT DURATION AND CANCELLING PROCEDURE
19.1. If during the course of a maintenance contract, the Client wishes to cancel any contract with the Seller, the Client understands 3 months notice period must be given in advance before the contract can be canceled Full term payment shall be calculated and a Pro-forma invoice raised accordingly and must be paid within 28 days of the final maintenance visit. All instructions must be received in writing in order to confirm the 3-month advance notice period.
20. General liabilities
20.1. It is the Client’s responsibility to ensure and satisfy himself that the work to be carried out complies with all local bye-laws and/or regulations. The seller cannot accept any responsibility or liability relating to or arising from any failure in such compliance. Client warrants that all necessary consents have been obtained before commencement of any work and he agrees to indemnify Seller for any losses which it may suffer as the result of work having to be delayed, suspended, stopped, or re-arranged in consequence of any breach of the said warranty.
20.2. Irrespective of any insurance taken out by Seller, Client should advise his/her/its insurers that works are being carried out on Client’s property and satisfy himself/herself/itself that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of goods or the progress of work undertaken by Seller and any associated subcontractor whether Client is the freeholder, lessee or mortgagee of the property. Unless otherwise expressly agreed Seller is not liable for any loss or damage whatsoever to the works, materials on site, or any property of Client howsoever or whensoever caused.
20.3. Seller reserves its right to amend the Policies Conditions or Terms of use at any time without prior notice. All such updates and amendments shall be posted here and will be effective from the time of their posting. The client is advised to regularly check for any amendments or updates to the terms and conditions contained herein.
21. Disputes
21.1. Client shall give 14 days prior written notice of any claims pursuant to the warranty. In the event of a dispute, the Client agrees to pay Seller all such amounts owing to the Seller by the Client until such time as the dispute is resolved. This Contract/Invoice is governed under the exclusive jurisdiction of the Courts at Ambah only.
