This Regulation is a public offer. The fact of payment for an order on the site www.GoaBay.com means that the Buyer has read and understood the terms of this Regulation and gives his full consent to use the service in accordance with the conditions set forth in this Regulation.
The company “GoaBay Trading PVT LTD“, hereinafter referred to as the “Service“, and the capable physical / legal person making a purchase in the online store www.GoaBay.com, hereinafter referred to as the “Buyer“, collectively referred to as the “Parties”, have concluded this Agreement as follows:
1. Definition of terms
- The site is an Internet resource www.GoaBay.Com, managed by the Contractor.
- The buyer is a physical / legal person who has voluntarily passed the Registration and orders the Services with delivery to the address serviced by the Contractor.
- The goods are products offered for sale in the online store www.GoaBay.Com, the general information on which is available on the Site in Russian / English.
- Service – purchase, packing and preparation of the Goods for shipment, as well as transfer of the finished package with the Goods ordered by the Buyer for delivery of the transport company chosen by the Buyer.
- Registration – the procedure during which the Buyer provides the Contractor with the information necessary for the provision of the Services. Registration is considered completed only if all its stages are successfully passed in accordance with the instructions published on the Site. Personal data for Registration are not requested and are not provided. As a result of the Registration, a Buyer account and a personal account are created. Information reported at registration can be subsequently changed by the Buyer. If within 365 days from the date of registration the buyer did not complete the order and did not pay for it, the registration data is deleted from the Site.
- Authorization – a message by the Buyer to the Contractor of its registration information through the Site.
- Personal account – personal and not accessible to third parties section of the Site that contains information about the Buyer’s orders, their payment and execution, the status of the account, and also provides the functionality for remote interaction of the Parties in the execution of the Agreement. Access to this section is carried out by the Buyer by entering a personal access name and password.
- Order – an application submitted by the Buyer to the Contractor through the interface of the Site, or in any other way containing a list of the Goods that the Buyer requests the Contractor to purchase and send to the Buyer under the terms of the Agreement, as well as additional information necessary for the delivery of the Goods.
2. General Provisions
- 2.1. The Contractor renders the Services to the Buyer on the basis of the data specified by the Buyer when completing the Order, as well as information received from the Buyer directly in the process of the Order execution.
- 2.2. The Buyer makes an Order with the help of the Site in accordance with the terms and conditions stated on the Site and the terms of this Agreement.
- 2.3. By completing the Order on the Site, the Buyer expresses a direct and unconditional agreement with the terms of this Agreement, the conditions stated on the Site, as well as the cost of the Order recorded after confirmation of the Order by the Contractor.
- 2.4. The Contractor purchases the Goods selected by the Buyer after searching for the Goods in the warehouses of the Goods suppliers, in foreign online stores, discount centers, stock centers and other places at the discretion of the Contractor. The seller of the Goods may be both a physical person and a legal entity (the person from whom the Contractor purchases the goods in the interests of the Buyer).
- 2.5. The goods purchased by the Contractor for the Buyer become the property of the Buyer. The right to ownership of the acquired Goods will arise from the Buyer from the moment of transfer of the Goods by the Seller to the Contractor.
- 2.6. All obligations of the Contractor for rendering the Services to the Buyer are considered to be fully executed with the moments of the transfer of the Goods specified in the Buyer’s order to the courier company or from the moment of sending the Goods through the post office of the Post of India. The buyer independently chooses ways of delivery of the Goods from the available delivery methods provided by the Contractor.
- 2.7. For the Services provided, the Contractor collects from the Buyer the payment reflected in each calculation of the Order.
- 2.8. The Contractor reserves the right (unilaterally) to make any changes to this Agreement, regular monitoring of the changes made is the responsibility of the Buyer.
- 2.9. The moment of conclusion of this Agreement is the moment when the Contractor receives money from the Buyer, as payment for the Order. The buyer independently chooses the payment method of the Order from the payment methods provided by the Contractor.
3. Service Delivery Procedure
- 3.1. In order to receive the Services, the Buyer must register on the Site, providing the Contractor with reliable information necessary for the execution of the Order.
- 3.2. The Buyer independently makes a choice of the Goods on the Site, or on any other resource, having previously independently assessed the quality of the selected Goods on the basis of photographic materials and descriptions presented on the Site.
- 3.3. The buyer “adds to the basket” the product that he wants to buy. In itself, placing the Goods in the basket is not an Order. The Order of the Goods is deemed to be executed after the Buyer presses the “Confirm Order” button. The Order is considered fully agreed upon only after the Buyer receives the confirmation of acceptance of the Order by the Contractor.
- 3.4. The Contractor starts working with the Order only after receiving the full payment of the Order and delivery cost. You can pay for the Order in any of the ways provided in the section of the Site “Payment”.
- 3.5. After crediting the payment for the Order, the Contractor organizes a set of activities that include a standard list of services, the purchase and dispatch of the Goods at the address specified by the Buyer.
- 3.6. The Order can be canceled, modified or supplemented by the Buyer in whole or in part at any time until the Buyer makes payment. After payment of the Order, changes to the Order (cancellation of goods, change of properties of the goods) are not made.
- 3.7. Orders for the provision of Services are accepted by the Contractor via the Service 24 hours a day, 7 days a week. Provision of Services, as well as telephone and electronic customer support, are made on working days, according to the order of receipt.
- 3.8. The Contractor does not guarantee the permanent presence of the Goods chosen by the Buyer in the Catalog of Goods on the Site and agrees to inform the Buyer about the absence of the ordered Goods no later than 5 (five) business days from the date of payment. If in the Order there are Goods with a special note on the terms of shipment, the full term for the execution and shipment of the Order increases according to the data in the supplementary information to the Goods.
- 3.9. In the absence of ordered Goods at the supplier’s warehouse, the Contractor has the right to remove the specified Goods from the Buyer’s order and notify the latter about it by sending an electronic message to the address indicated at the registration (or through the personal cabinet) within 5 (five) business days from the moment of payment receipt for the Order. In this case, the Buyer is proposed to replace the missing Goods with any available, the value of which corresponds to the balance difference.
- 3.10. The buyer additionally pays the cost of delivery of the Goods, which is calculated on the basis of data on the gross weight of individual goods in the Basket of the Buyer. In the event that the amount of payment does not cover the cost of the Goods and the cost of delivery of the Goods to the Buyer, the Contractor has the right to delay the shipment of the order until the moment of receiving the full payment for the goods and delivering it to the Buyer. If the full payment is not received or is not fixed another compromise way of solving the problem within 30 days from the moment of acknowledgment of the readiness of the order for the shipment, the Contractor has the right to consider the order canceled by the Buyer, in this case the cost of the Goods and Services of the Contractor is not returned to the Buyer.
- 3.11. Before placing an order, the Buyer undertakes to independently familiarize himself with the list of goods prohibited for importation into the country of the Buyer, as well as with the conditions for customs clearance of goods in the recipient’s country.
- 3.12. The buyer bears personal responsibility for the compliance of the Goods he purchases with the terms of delivery of the postal service and the customs code of the country in which the Buyer is located.
- 3.13. After placing an order, the Buyer makes a 100% advance payment in the amount of the value of the Goods themselves and the delivery of the Goods to the Buyer. The moment of receipt by the Contractor of payment on the order is the moment of the conclusion of the contract between the Buyer and the Contractor regarding the execution of the corresponding Order on the terms of this Agreement. From the moment of receipt by the Service of payment for the order, revision of the offer, commercial offer, invoice, costing, etc., is not made. Having paid for the order, the Buyer expresses unconditional agreement with the conditions of the offer, commercial offer, invoice, costing, etc.
- 3.14. In the event of full or partial refusal of the Buyer from the order after payment (termination of the contract at the Buyer’s initiative), the Contractor has the right to withhold from the Buyer the cost of the ordered Goods that can not be returned to the suppliers, delivery services and / or other costs incurred by the Contractor for the performance of the Buyer’s order . Thus, if the Goods are in the status of “Agreed” or “Assembled”, it is impossible to remove it from the order or cancel the order without the consent of the Contractor.
- 4.1. Payment of the Order is possible in the ways indicated on the Site www.GoaBay.Com in the section “Payment”.
- 4.2. If the actual price of the Goods is different from the price declared by the supplier at the time of ordering the Goods by the Buyer, the Contractor informs the Buyer at the earliest opportunity to confirm or remove this Goods from the order. If it is impossible to contact the Buyer, the order for the purchase of this Goods shall be deemed canceled.
- 4.3. The Contractor does not credit Buyers, does not buy Goods without payment, does not send parcels without payment. The commission of intermediary banks is paid by the Buyer.
- 4.4. The invoice for payment of the Order is issued in the currency chosen by the Buyer at the time of placing the Order. In the event that payment for the Order is made in a different currency, the Buyer shall independently specify the exchange rate of the relevant payment operator. The Executor has no influence and is not responsible for the exchange rate established by the operator servicing the payment. Payment of any commission of intermediary banks for transfer is the responsibility of the Buyer.
- 4.5. Crediting of funds takes place within 0-5 banking days from the moment of actual payment (depending on the method of payment). The order is confirmed and sent for execution only after crediting 100% of the payment to the seller’s account.
- 4.6. If payment of the Order is not made within 25 (twenty five) working days after the Order is processed, the Order shall be deemed canceled by the Buyer and removed from the personal cabinet. If payment of the Order has been made after the due dates for payment, the Contractor reserves the right to refuse to receive payment, and any expenses incurred as a result of the refusal are not the Contractor’s responsibility and are fully compensated at the expense of the payer.
- 4.7. If a partial payment is made during the specified period, the Buyer is given a 30-day period for making payment in full. The Order that is not paid within 30 days is deemed to be canceled by the Buyer, and the Contractor credits the funds received to the account of payment of such an order to the personal account of the Buyer.
- 4.8. In the event that the Order is paid without taking into account the cost of delivery of the Goods to the Buyer, the Contractor has the right to delay the shipment of the order until the moment of receiving the full payment for the Goods and their delivery to the Buyer. If the full payment is not received or is not fixed another compromise solution to the problem within 30 days from the moment of confirmation of the readiness of the Order for dispatch, the Contractor has the right to consider the Order canceled by the Buyer, in this case the cost of the Goods and Services of the Contractor is not returned to the Buyer.
5.1. The delivery of the order is carried out in the ways and at the rates indicated on the website www.GoaBay.Com in the “Delivery” section.
5.2. Payment for delivery is made separately from the payment of the Goods themselves and Services. The cost of delivery is calculated by the company manager in the process of making an order on the basis of data on the gross weight of individual goods in the Buyer’s order.
5.3. The Contractor undertakes to transfer the packed parcel with the Buyer’s Goods to the postal service, which the Buyer indicated at the time of placing the order. After packing, the Contractor does not disclose packaged parcels. In the event of a shortage of funds on the buyer’s personal account, the transfer of the parcel for shipment to the delivery service will be delayed until the buyer pays the shipping cost.
5.4. In the event that the shelf life of the finished but not fully paid order exceeds 30 calendar days, the order is deemed to be canceled by the Buyer, and the cost of the Goods and Services of the Executor to the Buyer shall not be refunded.
5.5. The services are considered to be fully rendered by the Executor from the moment of transfer of a properly packed and issued parcel with the Buyer’s Goods to the postal service.
5.6. The Contractor is not responsible for the actions of mail, courier services and transport companies and can not affect the speed of delivery. The delivery times indicated on the Site are approximate and are of an exclusively informative nature.
5.7. In case the parcel with the Order is not claimed by the Buyer or the Buyer refused to receive the parcel, the cost of the Order is not refunded. It is possible to resend a parcel after its return to the Contractor. Re-sending is carried out after the Buyer has paid for the postal services to return the parcel to the Contractor and pay for the re-delivery. In case if within 30 days after the return of the parcel to the Contractor the Buyer does not pay for the re-delivery, the parcel is disposed of, the cost of the Goods is not reimbursed.
5.8. All parcels undergo a customs check before export from the country of the Executor (India) and upon admission to the recipient country. The deadlines for the delay of parcels for inspection by the customs services do not have strictly defined boundaries and may differ from case to case. The Contractor has no opportunity to influence / hurry / ask additional questions to the customs services and does not accept any claims related to the work of the customs authorities.
5.9. Applications and questions about the expected parcels are accepted for consideration: for Airmail India Post parcels – not earlier than 30 days from the date of departure; for parcels EMS Speed Post – not earlier than 14 days from the date of departure. Any questions and applications issued earlier than the above dates can not be considered by the Contractor and should be addressed directly to the postal operator.
5.10. The Contractor is not responsible for the quality of the selected postal service. In the event of damage / loss of the parcel during the delivery, the claim must be executed in the name of the appropriate postal operator.
5.11. Compliance with customs regulations and rules for the importation of any goods is in full responsibility of the Buyer. Any material and temporary losses incurred as a result of the work of the customs services can not be grounds for making claims to the Contractor.
6. Rights and obligations of the Buyer
6.1. The buyer has the right:
- 6.1.1. Require the Contractor to fully comply with the terms of this Agreement;
6.2. The buyer is obliged:
- 6.2.1. Strictly observe the terms of this Agreement;
- 6.2.2. Provide the Contractor with reliable information necessary to fulfill the obligations provided for in this Agreement. In case of lack of such information or doubt in its reliability, the Contractor has the right to suspend the execution of the Order until all the necessary information is received in full;
- 6.2.3. Do not inform the Contractor, Visitors or Users of the site of a false, unreasonable or unconfirmed information;
- 6.2.4. In time, pay for the cost of the Order and Services provided for in this Agreement or its Annexes. The Contractor has the right to suspend the fulfillment of its obligations until the moment when the full payment is made by the Buyer.
- 6.2.5. Keep all documents confirming the payment of money to the Contractor, until the goods are received.
7. Rights and obligations of the performer
7.1. The Contractor has the right:
- 7.1.1. Unilaterally refuse to provide services to the Buyer if the ordered Goods can not be purchased or shipped for any reason. In this case, if the Order has already been paid for, the Buyer will be provided with possible replacement options for a similar product (having similar characteristics and purpose) or compensation by any other product from the range of the Contractor’s online store.
- 7.1.2. Hold (do not send) the Goods in his possession to secure his claims under this Agreement, if the Buyer has not paid or not fully paid the Cost of the Order and / or Additional Services provided for in this Agreement or its Annexes;
7.2. The Contractor shall:
- 7.2.1. Provide the Buyer with the provision of high-quality services provided for in this Agreement;
7.2.2. Accept the Buyer’s Goods delivered from the Seller to the Service warehouse in Goa, Republic of India. In case of unclaimedness of this Goods by the Buyer within 30 days from the date of receipt of the Goods to the warehouse, the right to this Goods is transferred to the Contractor;
- 7.2.3. Upon receipt of the Goods to the warehouse, conduct a visual inspection for obvious external damages and compliance with the data specified by the Buyer when placing the Order. The Contractor undertakes to inform the Customer about the revealed defects or inconsistencies;
7.2.4. On a separate instruction and with the Buyer’s consent to return the Merchandise to the Seller or exchange it, but only if the procedure for return and exchange is stipulated by the terms and conditions of this Seller;
- 7.2.5. Transfer, courier company-carrier or to the Post Office of India, packed and prepared for shipment Goods. And also inform the Buyer, if this option is provided by the carrier, the identification number of the shipment is to track the delivery of the Goods.
8. Conditions of return and exchange of the Goods
- 8.1. In case of return / exchange, the cost of delivery of the Goods from the Buyer to the Contractor, as well as in the opposite directions, shall be paid by the Buyer, unless the Buyer’s demand for return / exchange is caused by improper performance by the Contractor of its obligations in accordance with the terms of this Agreement.
- 8.2. If the Goods return / exchange is not possible, but the Executor has improperly fulfilled his obligations to verify the compliance of the Goods with the requirements of the Buyer, the Contractor reimburses the Buyer the cost of the Goods, Services of the Contractor for processing the order of this Goods and delivering it to the Buyer, and at the discretion of the Contractor agrees with the Buyer delivering the Goods to the Contractor.
- 8.3. In other cases, the Contractor does not compensate the Buyer for the cost of the Goods, and the decision on the possibility of resending the Goods to the Buyer is accepted by the Contractor on an individual basis, taking into account the circumstances.
- 8.4. All return / exchange transactions are carried out in full compliance with the terms of the supplier, including, but not limited to, the timing, procedure and amount of compensation.
- 8.5. The buyer must take into account the delivery time of the Goods from the Buyer to the Contractor, the processing time of the return / exchange at the Executor’s warehouse (up to 5 working days) and the delivery time of the Goods from the Contractor to the supplier.
- 8.6. When returning the Goods, the Buyer shall be reimbursed to the Supplier after the full refund of the cost of the Goods to the Supplier.
- 8.7. When sending the exchanged Goods, the Buyer pays the full cost of processing and delivery of the order by the Contractor in accordance with the tariffs indicated on the Site.
9. Limitation of Liability
9.1. The Contractor guarantees
the Buyer the quality of the services provided in accordance with the obligations assumed under this Agreement, but due to the fact that the Executor is not the Producer of any Goods, but only mediates between the Goods Producer and the Goods Buyer, there are a number of restrictions on the Contractor’s liability, namely:
- 9.1.1. The buyer declares that he understands that the Contractor is not the Producer of any Goods, but is only an intermediary in the relationship between the Buyer and the Producer of the Goods. In this connection, the Contractor can not and does not bear responsibility to the Buyer for compliance with the quality of the Purchased Goods declared by the Manufacturer;
- 9.1.2. The Contractor undertakes to inspect the Goods properly, before being sent to the Buyer, for obvious defects and mechanical damages;
- 9.1.3. At the same time, the Contractor voluntarily undertakes to return the money paid by the Buyer for the Goods in case of a reasoned refusal of the Buyer to accept the delivered Goods. At the same time, the Buyer properly draws up the Application for Return of the Goods and independently pays for the return services of the Goods to the Executor’s warehouse. The Contractor sets the deadline for the return of the received Goods in 7 (seven) calendar days after receipt by the Customer. In this case, the returned goods are accepted only with all packages, stickers, in a unified and unused form;
- 9.1.4. In the event that the Buyer has used the delivered Goods or there is a breach of the integrity of the packaging and presentation, no refunds are made;
- 9.1.5. The Contractor does not guarantee the Buyer the continued availability of the ordered Goods. In the absence of ordered Goods in the warehouse of the Seller, the Contractor has the right to cancel the specified Goods from the Buyer’s Order and notify the Buyer about it by sending an electronic message to the address indicated at the registration. In the event that the ordered and paid for the Goods is not available, the order can be made or replaced with any other available goods for the amount of payment. When completing the order, the time for collection of the order increases for the period of waiting for the goods to arrive at the Executor’s warehouse.
- 9.1.6. The Contractor shall not be liable to the Buyer for acts or omissions of third parties: services, companies, services, banks, express delivery services, transport companies, customs brokers, Internet providers, e-services, payment systems, as well as any other services and services , provided by this list, but not limited to them;
- 9.1.7. The Contractor shall not be liable for any damage, either material or moral, lost profit or any other negative consequences for the Client, caused as a result of using the Services provided by the Contractor, if these negative consequences were caused by actions of third parties, as well as for reasons beyond the control of the Contractor, or the disclaimer of liability for them was originally provided for in this Agreement;
- 9.1.8. The Buyer undertakes not to involve the Contractor as the respondent or co-defendant for any liabilities and expenses related to moral or material damage caused to the Buyer as a result of the actions or omissions of third parties, including but not limited to the Goods Producer, companies, Goods carriers, customs brokers, payment systems and etc.
- 10.1. The protection of the confidentiality of information is one of the main tasks of the Contractor. Information received from the Buyer at the time of placing the Order is stored in the Contractor’s database and is used exclusively for the implementation of this Agreement. Under no circumstances, this information can not be transferred to a third party. Part of the information necessary for delivery of the Buyer is sent to the delivery service or when processing the shipment through the Post of India. While completing the Order, the Buyer agrees that the transfer of data to the delivery service (courier company) is necessary for the execution of this Agreement.
11. Force Majeure
- 11.1. The parties are exempted from liability for partial or complete non-fulfillment of obligations under this Agreement, if this failure was a consequence of force majeure circumstances, namely, but not limited to: fire, flood, earthquake, military actions and normative instructions of state bodies, which are binding, although would be for one of the Parties arising after the conclusion of this Agreement, provided that these circumstances directly affected the fulfillment by the Parties of their obligations;
- 11.2. In the event of the occurrence of circumstances provided for in paragraph 11.1 of this Agreement, the time for the Party to fulfill its obligations under this Agreement shall be deferred commensurate with the time during which these circumstances and their consequences act;
- 11.3. If the circumstances listed in clause 11.1 of this Agreement and their consequences continue to be in effect for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative ways of implementing this Agreement.
12. Final Provisions
- 12.1. This Agreement is concluded at the time the Order is executed, effective from the moment the Contractor receives money from the Buyer as payment for the Order and is valid until the goods are delivered to the courier transportation company or to the post office of the Post of India.
- 12.2. Any changes and additions to this Agreement are valid provided they have been made in writing, sent properly by one of the Parties to the other Party and the other party has accepted such changes and additions (a clear unambiguous answer is received that these additional agreements are understandable and acceptable) . All messages (correspondence) and agreements reached by this correspondence are equal to additional agreements of the Parties.
- 12.3. Any changes and additions to this Agreement will be deemed properly forwarded if they have been sent from official e-mail addresses. For the Contractor, the official e-mail address is [email protected]. For the Buyer, the official e-mail address is the e-mail address that was specified by the Buyer upon registration on the Site, or the address of the internal mail of the Buyer’s Personal Cabinet.
13. Settlement of disputes
- 13.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it are resolved through negotiations between the Parties. In the event that the parties do not reach agreement, the dispute is subject to review by the court in accordance with the current legislation.
- 13.2. Before applying to a court, a Party that considers that its interests have been violated must submit a written claim to the other Party, to which the latter is obliged to respond in writing within 14 days from the receipt of the claim.