This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name tslceramat.com (hereinafter referred to as ‘Website’) is owned by Ceramat Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Unit No.1, Jivdani Industrial Estate No.1 Off Western Express Highway, Dhumal Nagar, Vasai (E) Thane – 401208, Maharashtra, India.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor, i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Ceramat reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Ceramat’s notice or if it is discovered that you are under the age of 18 years or you are not eligible to execute any legal document in personal capacity.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by SMS, email, voice calls or by such other mode of communication, electronic or otherwise.
PLATFORM FOR SALE BY Ceramat Private Limited
Where the seller of the Products and related services is Ceramat Private Limited, Ceramat Private Limited consents to take back any defective or damaged products within a period of 15 days from date of purchase.
Membership on the Website is free for buyers. Ceramat Private Limited does not charge any fee for browsing and buying on the Website. Ceramat reserves the right to change its fee policy from time to time. In particular, Ceramat Private Limited may at its sole discretion introduce new products, related services and modify some or all of the existing services offered on the Website. In such an event Ceramat reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Ceramat Private Limited through modes of payment.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates 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];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (‘ISPs’) or other suppliers;
- You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Ceramat, TSLCeramat Website, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Ceramat or sellers on platform or otherwise tarnish or dilute any Ceramat’ trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ceramat’ systems or networks, or any systems or networks connected to Ceramat.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, You shall be responsible for providing information relating to the products or services if any proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Ceramat shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Content Posted on the Website
Copyright, authors’ rights and database rights
All content included on the Website, such as articles, blogs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ceramat, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Ceramat and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of Ceramat, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on ‘as is’ and ‘as available’ basis without any representation or warranties, expressed or implied except otherwise specified in writing herein or elsewhere on the Terms and Conditions. Without prejudice to the foregoing paragraph, Ceramat does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Ceramat will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Ceramat does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on the Website are governed by different state laws and if the Seller is unable to deliver such Products due to implications of different state laws, the Seller will return or will give credit for the amount (if any) received in advance by the Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications about any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS communication.
While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability whatsoever in respect to any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction(s), or
- Exceeding the present limit mutually agreed by You and between ‘Bank(s)’, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
All payments made against the purchases/related services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transactions in any other form of currency with respect to the purchases made on Website. Ceramat uses a third-party service provider to facilitate and collect payments (‘Payment Facility’) and Ceramat is not liable or responsible for any issue between You and such third-party service provider.
Before shipping/delivering your order to You, the Seller may request You to provide supporting documents (including but not limited to government-issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or related services are as per principal to principal bipartite contractual obligations between Buyer and Seller and Ceramat where Ceramat is the Seller. The Payment Facility is used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the Payment Facility shall not render Ceramat liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and/or related services listed on the Website.
- You understand, accept and agree that the Payment Facility is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Payment Facility, Ceramat is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and/or related services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using the Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by the Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch/Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify the Payment Facility using the appropriate Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, the Buyer is required to confirm the receipt of products or services.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and/or services
- Except for Cash on Delivery transactions, refunds, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash on Delivery transactions, refunds, if any, will be made via NEFT transfers to the accounts provided by the Buyers (as per registration details provided by the Buyer).
- Refunds shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refunds shall be made through the source payment gateway by which the payment was made by Buyer or any other manner as may be required by applicable law.
- Refunds shall be conditional and shall be with recourse available to Ceramat in case of any misuse by the Buyer.
- Refund shall be subject to the Buyer complying with Policies of the Seller as informed from time to time.
- Ceramat reserves the right to impose limits on the number of Transactions or Transaction Price which Ceramat/Seller may receive on an individual Valid Credit/Debit/Cash Card, Valid Bank Account and such other infrastructure, or any other financial instrument directly or indirectly through the Payment Facility, payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5.Ceramat reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the Buyer with Ceramat or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Ceramat may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Ceramat. As a result of such checks, if Ceramat is not satisfied with the credibility of the Buyer or genuineness of the Transaction/Transaction Price, it will have the right to reject the receipt of/the Buyer’s commitment to pay Transaction Price.
- Ceramat may delay notifying the payment confirmation i.e. informing the Seller to Dispatch, if Ceramat deems it suspicious or for the Buyer conducting high transaction volumes, to ensure safety of the Transaction and Transaction Price. In addition, Ceramat may hold Transaction Price and Ceramat may not inform the Seller to Dispatch, or remit Transaction Price to law enforcement officials (instead of refunding the same to the Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that Ceramat will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of Ceramat Equipmen.
Compliance with Laws
- The Buyer and Seller shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using the Payment Facility and Website.
Buyer’s arrangement with Issuing Bank
- All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the Payment Facility to provide these services to the Users. All such Online Bank Transfers on the Payment Facility are also governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Ceramat makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Website from other locations/Countries other than India do so on their own initiative and Ceramat is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, or compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This Website is controlled and operated by Ceramat and products are sold by Ceramat. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Ceramat respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Ceramat at firstname.lastname@example.org
Ceramat does not warrant that Product description or other content of this Website is accurate, complete, reliable, current or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Ceramat does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and/or third party websites using the Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which Ceramat assumes no responsibility for examining or evaluating the products and services offered by them. Ceramat does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Ceramat does not endorse, in any way, any third party website(s) or content thereof.
Ceramat prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the Website that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment, or any communication made between Users on the Website, or email communication between Users in relation to transactions conducted on the Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension or a formal warning.
Ceramat will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges
- Loss of special status
- Account suspension.
Returns Policy of Products Sold on the Website
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Website. Following situations may arise:
- Item was defective
- Item was damaged during the Shipping
- Product(s) was/were missing
- Wrong item was sent by the Seller
Return could also result in refund of money in most cases.
Points to be noted:
- The Seller can always accept the return irrespective of the policy.
- If the Seller disagrees with a return request, the Buyer can file a dispute with Ceramat within 45 days.
We encourage the Buyer to review the listing before making the purchase decision. In case the Buyer orders a wrong item, the Buyer shall not be entitled to any return/refund.
The Buyer needs to raise the refund request within 15 days from the date of receiving the product. Once the Buyer has raised a returns request by contacting Us on our Customer Care Number, the Seller while closing the returns form can select one of the following:
- Refund after shipment collection: The Seller has agreed to wait for the logistics team to collect the shipment from the Buyer before refunding
- Refund without shipment collection: The Seller has agreed to refund the Buyer without expecting the original shipment back.
In the event the Seller accepts the returns request raised by the Buyer, the Buyer will have to return the product and then the refund shall be credited to the Buyer’s account.
Further, for returns being made by the Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
Delivery cost for returning the product shall be borne and incurred by the Seller.
Intellectual Property Violations
In case of any infringement of Intellectual property rights, the intellectual property owners could easily report listings that infringe their rights to Ceramat at email@example.com. It is in Ceramat’s interest to ensure that infringing products are removed from the Website, as they erode Buyer and good Seller trust.
Ceramat does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Ceramat is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Ceramat.