Description of Services
Terms of Services(TOS)
All delivery services require a signature upon delivery. This acts as proof of delivery to your entered shipping address. Any adult signature at the shipping address will act as legal delivery fulfillment.
Buyxavier.com in its site/portal provides users with access to sales of Medical Equipment, medical consumables, hospital supplies, Hospital Furniture, and all hospital-related items (Refered to as “Service”), Members of the site/portal may be notified about the latest updates in relation to any Hospital related items via their registered email, SMS, Letter/Mailer and /or by Whats app to their mobile phone number.
2.Prices if displayed in buyxavier site/ portal not valid for Govt tenders.
The prices offered in our site/ portal CANNOT be applied for Government Tenders, as government tenders involve many conditions and payment structure which are NOT accepted by XMPL Eg. Extended Warranty periods, EMD’s, Security Deposits held with govt departments(Till the end of warranty periods), Payment terms like 60% on delivery,20% on installation,10% after 90days(and many variables), are not accepted by XMPL , the XMPL siet/ portal takes 100% payment in advance/COD. Hence it is firm, that prices quoted on XMPL site/portal cannot be attributed to Govt Tenders.
3.License and site access
buyxavier.com(XMPL) Grants our customers a limited license to access to make use of the site/portal and its services. The license does NOT allow /include any downloading or copying of site/portal/account information for business/personal benefit of any vendor/third party, caching, unauthorized hypertext links to site/portal, framing of any content available through site uploading, posting or transmitting any content that you do not have a right to the intellectual property of others, any uploading, transmitting, posting any material containing software viruses, other computer codes, other files, other programs which may destroy/interrupt/limit the functionality of any software /hardware/telecommunication equipment/or any action that may impose as per/in view of buyxavier.com(XMPL)’S sole discretion, any use of data mining, robots, any data gathering/extracting tools, unusually large load on buyxavier (XMPL)site/ portal.
No bypassing of any measures set by buyxavier(XMPL) which may lead to prevent/restrict access to site/portal is allowed. Any unauthorized use by you shall terminate the permission/license granted to you by buyxavier.com(XMPL).
4.Login and usage eligibility
Minors under the age of 18yrs are not eligible to login/use the buyxavier (XMPL) site/Portal, selling, trading or transferring your buyxavier.com(XMPL) account to another party/parties is not allowed. If needed by the site the buyer will have to submit the needed documents (as asked for by XMPL) and await document verification to complete the registration process, to have access to do transactions.
The user represents that he is of legal age to form a binding contract as per terms of XMPL and is not a person barred from receiving services under laws applicable in India. The user also agrees to provide true, accurate, current, and complete information about self as per the portals/sites registration form. Information provided if found untrue, inaccurate, incomplete, or becomes untrue, inaccurate, incomplete after some time, or buyxavier.com(XMPL)has grounds to suspect that given information is untrue, incomplete, inaccurate, then buyxavier.com(XMPL) has every right to suspend or terminate such account and may refuse to all current /future use of the site/portal(or any portion thereof)
6.Your account confidentiality
On the usage of the site/Portal its the user's responsibility to maintain the confidentiality of his account and password and restricting access to others to your computer/laptop/Mobile phone.
User agrees to accept the complete responsibility for all activities that occur under his account and password, we recommend the user to EXIT from the login account at end of each session. User agrees to notify buyxavier.com(XMPL) immediately of any suspected unauthorized usage of his account or any breach of security.buyxavier.com(XMPL) reserves all rights to refuse service, terminate accounts, remove or edit the contents at its sole discretion.
7.Pricing, product details & Availability Information
Buyxavier.com(XMPL) does not guarantee the lowest price, yet XMPL strives to give the best pricing based on its bulk purchasing, stock availability, and all prices are subject to change without notice. The stock availability is also subject to change without any notice. The payment mode available at any given time shall be as indicated on the website/portal and any foregoing clauses shall be applicable accordingly without any notice.
Though buyxavier.com(XMPL) makes every possible Endeavour to provide accurate pricing information,
Please note that buyxavier.com(XMPL) gives no guarantee on the accuracy of its pricing information as typographical errors/sudden changes of prices by suppliers etc may occur. In event of incorrect product pricing or incorrect product details/specifications etc buyxavier.com(XMPL), may at its sole discretion either contact you with correct information and seek your instructions or cancel your order and notify you of such cancellation. In the event, buyxavier.com (XMPL) accepts your order the same shall be processed in accordance with the payment mode chosen you.Reversal/refunds of amounts paid by you in the event of cancellation by XMPL shall be processed as described in clause 26.
8.Order cancellation by buyxavier.com (XMPL)
In case of certain orders for whatsoever reason which we are unable to accept/execute and must cancel. We reserve the right at our sole discretion to refuse or cancel such order/orders, In situations like order cancellations due to limitation of quantities of goods available for purchase, inaccuracies in product specifications, typographical errors in specifications, pricing, or problem identification by our payment gateway’s credit and fraud avoidance division(once online payment system is activated ). Additional verifications/information may be needed for order acceptance by byuxavier.com (XMPL). Buyxavier.com (XMPL) customer care dept will Contact you in case of any part order cancellation/additional information required for your order acceptance. In case of full order cancellation A) If your payment is reveived in full by cash , the said amount will be reversed back to your bank account. In the case of NEFT/IMPS/RTGS transfer has been made, the received amount will be reversed back to your bank account. C)In the case of COD Purchase,buyxavier.com(XMPL) will refrain from order processing of that particular purchase, and product delivery will not be made.
In the above 3 cases(A, B, C) buyxavier.com(XMPL), takes around 15 days and sometimes longer depending on financial organizations delays, however, every effort will be made to compete for the process as soon as possible. In case of any payment is made on COD (Cash on delivery) basis, the refund will be done within 15days of receipt of goods in good condition, as per our return policy terms, to the purchaser's bank account (Bank details to be provided by the purchaser to our customer care phone number).
9.Order Cancellation/Cancellations by purchaser/Buyer
Orders which already have been processed cannot be canceled, buyxavier.com (XMPL)has full discretion in deciding whether an order has been/has to be processed. The customer agrees not to dispute the decision made by buyxavier.com(XMPL) and accepts buyxavier.com(XMPL)’s decision regarding the cancellation.
10.Fraudulent / Declined transactions
Buyxavier.com(XMPL) reserves the right to monitor constantly the accounts of users in order to avoid fraudulent accounts and transactions. In case of any fraudulent usage of the site/portal and/or any other unlawful acts or omissions in breach of the terms of service mentioned,buyxavier.com(XMPL) reserves all rights to initiate legal proceedings against such persons. In the event of detection of any fraudulent transaction even prior to legal action initiation buyxavier.com(XMPL) reserves the right to immediately delete such account and dishonor all past/present/pending orders without any liability. As per this clause buyxavier.com(XMPL) shall not be liable in any respect of any purported refunds due.
11.Credit /Debit card information(online payments not active now)
User agrees and understands and confirms that all the credit card/Debit card details provided to the payment gateway by him for availing services on buyxavier.com (XMPL) are correct and accurate and the credit/debit card details provided are lawfully his/her own, and usage of such card will be by his/her self. Buyxavier.com (XMPL) will not use the credit card/debit card information provided will not be utilized/shared with any third parties unless required for purposes like fraud verifications, legal verifications, court orders.buyxavier.com(XMPL) will not be liable for any credit card fraud and the liability for usage of a card entirely will be on the user.
12.Material Ownership claim on-site/portal
buyxavier.com(XMPL) claims no ownership of any description/materials sellers make available through the site/portal. Buyxavier.com(XMPL) reserves the right to integrate, modify the description/pictures of materials to suit the site/portal without deviating from the actual description/ picture and usage meant for by the seller. The modifications will be done at buyxavier.com (XMPL)’s sole discretion.
User assumes all risks that the site, applications, and related information are suitable or accurate for his needs and will be uninterrupted, timely, secure, or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By viewing this site reading comments by other users or accessing applications and services related to this site you may be exposed to rude, crude, indecent, or any other offensive language or references if any of these events in case occur we(XMPL)will not be responsible in any way. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with any third-party advertiser or content provider on the site.
14.Disclaimer of Warranty
All content, products, and services on www.buyxavier (XMPL) or obtained from a website to which the site is linked ( linked site) are provided to the user ‘as is” without any warranty liability from www.buyuxavier (XMPL) of any kind either express or implied including, but not limited to, the implied warranties of merchantability and performance/working for a particular purpose, title, non-infringement, security or accuracy.
www.buyxavier (XMPL) does not endorse and is not responsible for(a) the accuracy or reliability of any opinion advice, or statement made through the site by any party other than www.buyxavier.com(XMPL)(b) any content provided on linked sites or (c)the capabilities or reliability of any product or service obtained from a liked site.
www.buyxavier.com (XMPL) under no circumstance will be liable for any loss or damage caused by a user’s reliance on information obtained through the site/portal or a linked site/portal other than as required under the applicable consumer protection act.
It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the site/or a linked site. The user is advised to seek professionals advice as appropriate regarding the evaluation of any specific opinion, advice, product, service, or other content.
www.buyxavier.com(XMPL) shall not be responsible or liable in any manner if any product is not used in the indicated manner and as such shall not be responsible for any clinical outcomes related to products purchased which are displayed in XMPL website/portal. Manufacturers of respective products are responsible for the same. In the case of refurbished machines, the user will have no warranty unless specified case to case, by a quotation/mentioned under product details on www.buyxavier.com(XMPL) site/portal.
15.Limitation of Liability
www.buyxavier.com(XMPL) will not be liable for defective products unless a claim is notified by you on our website/portal within 48 hrs of the delivery in accordance with clause 23 hereunder.
www.buyxavier.com(XMPL) will not be liable in any way for loss, damage, costs, or expenses(including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these terms of service by reason of any event or circumstance outside the reasonable control of www.buyxavier.com (XMPL), Including but not limited to any strikes, industrial action, failure of power supplies or equipment, government action or act of GOD/ force major conditions. User expressly agrees that www.buyxavier.com (XMPL) and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss/ profit, goodwill, use, data or other intangible loss resulting from use of site, sale, and supply of goods, content or any related services.
The limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any documents comprising in the agreement.
User agrees to indemnify and hold www.buyxavier.com (XMPL), & Its officers, directors agents, subsidiaries, joint ventures, employees, Franchise, harmless from any claim or demand, including reasonable attorneys fees or arising out of or related to your breach of this “Terms of service” or your violation of any laws or the rights of a third party.
17.Free Service usage conditions
www.buyxavier.com(XMPL)’S free service for employment/ for employees, the usage of this service is a totally non-profitable service provided to the medical fraternity, and all conditions of Limitation of liability clause ( clause 15) Where ever applicable will apply to this service’s limitation of liability by www.buyxavier.com(XMPL). The data entered by a user of free service will be used by our customer care/marketing division to send new product updates/product offers/medical news /or any activity on www.buyxavier.com, Via email, what's app, etc. by using the FREE SERVICE the user agrees to the above-mentioned terms.
18.Product search form usage conditions
www.buyxavier.com(XMPL)’s service for product search form, the usage of this service is a totally non-profitable service provided to the medical fraternity, and all conditions of Limitation of liability clause ( clause 15) Where ever applicable will apply to this service’s limitation of liability by www.buyxavier.com(XMPL). The data entered by a user in search form service will be used by our customer care/marketing division to send new product updates/product offers/medical news /or any activity on www.buyxavier.com, Via Email, WhatsApp, etc. by filling the form and using the PRODUCT SEARCH SERVICE the user agrees to the above-mentioned terms.
19.New product search request
A user when fills the form requesting www.buyxavier.com(XMPL) to search/source a new product for him/her all conditions of Limitation of liability clause ( clause 15) Where ever applicable will apply to this service’s limitation of liability by www.buyxavier.com(XMPL). The data entered by a user for this service will be used by our customer care/marketing division to send new product updates/product offers/medical news /or any activity on www.buyxavier.com, Via Email, WhatsApp, etc.
The user when uses www.buyxavier.com(XMPL)site/portal or sends an email,/uses free service for staff search or for job search /uses the search for new products by filling respective form user is communicating electronically and consents to receive communication from buyxavier (XMPL) electronically, buyxavier (XMPL) will communicate with the user by email/SMS/What app/Phone call /manually by official buyxavier staff or by posting notices on the site/portal. User agrees that agreements, notices, disclosures, and other communications that buyxavier (XMPL) provides electronically satisfy any legal requirement that such communication is in writing.
Buyxavier/com(XMPL)the site/portal or third parties may provide links to other websites or resources. Because buyxavier.com(XMPL) has no control over such sites and resources, the user acknowledges and agrees that buyxavier.com(XMPL) is not responsible for the availability of such external sites or resources, and does not endorse and will not be responsible or liable for any content/advertising/products or other materials on or available from such sites or resources. User further acknowledges and agrees that buyxavier.com(XMPL)Shall not be liable nor responsible, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such site or resource.
22.Access to password-protected secure areas
Buyxavier.com(XMPL) restricts the access to and use of password-protected and/or secure areas of the site/portal to unauthorized persons/individuals. It is allowed to authorized users only. Any unauthorized persons/individuals attempting to accessing these areas of the site/portal may be subject to prosecution.
23.Timely updated Modifications and Notification changes
Buyxavier.com(XMPL) reserves all rights to make any changes to the site/ portal, related to policies, agreements, offers, free services, Terms of service, a private policy at any time. If buyxavier.com(XMPL)makes any material modifications to this TERMS OF AGREEMENT /private policy It will be mentioned in the PERIODIC AMENDMENTS (CLAUSE 31), the user agrees that this shall be deemed sufficient and prominently displayed to note any changes made. If a user continues using the site/portal, it will be deemed user accepts the amendments made in TOS or Private policy as relevant.
24.Trademarks & Logos
The trademarks, service marks(Marks), Logos displayed on the site/Portal are the property of buyxavier.com(XMPL), and other respective persons/ companies’. Users are prohibited from using any marks/logos for any purpose including but not limited to use as meta tags on other pages or sites on the internet without the written permission of buyxavier.com(XMPL) or such third party which may own the marks/logos. All information and content including any software programs available on or through buyxavier.com(XMPL) are protected by copyright. User is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on /or through site/portal for a commercial or public purpose.
Invoicing/ billing will be done inclusive of prevailing GST rates, The transportation charges will be collected depending on the distance, and will be shown on the invoice, and GST for transportation will be charged extra.
26.Returns & Refunds/complaints.
Terms & Conditions of www.buyxavier.com(XMPL) must be met by a user for the return of a product and refund of the amount.
In the case of NON-RETURNABLE items(Mentioned below the product), the user by agreeing to buy the particular product, the user understands that the item is “non-returnable”, and for such items, no request for product return will be entertained by buyxavier.com (XMPL).
For items where the” NON-RETURNABLE” Clause is NOT mentioned, the following clauses apply,
Step 1: The customer has to notify buyxavier.com(XMPL) through our website/portal e mail email@example.com and the site/portal will respond promptly.
Step 2: Once a request for a product return/compliant request is received,buyxavier.com(XMPL) shall initiate the internal process to have the item picked up from the user through logistics partner/ XMPL direct employee.
The returning option will be at the sole discretion of buyxavier.com(XMPL) and return/refund requests will be considered in the following cases.
27.Shipping and Delivery terms
buyxavier.com (XMPL) Offers delivery/dispatch of goods for all orders as per the Delivery charges mentioned in the site/portal. If no delivery charges are mentioned it implies delivery charges are NIL.
buyxavier.com (XMPL) endeavors, but does not guarantee to deliver to user/buyer within 12 business days from date of placing the order depending upon the shipping location. Though timely dispatch is done by buyxavier.com(XMPL), Factors like delay in delivery through courier/logistics partner, transporters strike, force majeure conditions, may affect the delivery time to user/buyer.buyxavier.com(XMPL) will not be liable for any loss or expenses sustained by the user/buyer arising from any delay in the delivery of the ordered products howsoever caused.
buyxavier.com (XMPL) reserves the right to make delivery of the products by installments, if it comes to a situation for products have to be delivered in installments for whatsoever reasons, each delivery will constitute a separate contract. User/ buyer may not treat the contract “as a whole” as repudiated if buyxavier.com(XMPL)fails to deliver any one or more of the installments or user/buyer has a claim in respect of any one or more of the installments.
In case the user/buyer fails to take delivery of the Products, buyxavier.com(XMPL) may at its discretion charge you for the additional shipping cost, like logistics warehouse charges/return of goods charges.
28.General Terms of service
Notwithstanding any other provisions of this TOS or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should Endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Buyxavier.com(XMPL) may, from time to time, offer special promotional offers .To avail of such promotional offers, user/buyer agrees to be bound by any additional terms and conditions for these special offers which are laid down by buyxavier.com(XMPL), and which will be made available for user/buyers perusal at the relevant time.
The terms "buyer", "user" have been used interchangeably in the foregoing paragraphs to refer to a user/buyer of buyxavier.com. Similarly, the terms "site", ”Portal” "XMPL" and www.buyxavier.com are used to connote the WEBSITE of XMPL www.buyxavier.com, and the words "product", "goods" “Items” have been used to refer to merchandise/goods/products showcased on the Website.
Note: All products/services and information displayed on www.buyxavier.com constitute an "invitation to offer". User/buyers order for purchase constitutes user/buyers "offer" which shall be subject to the TOS as listed below. www.xaviermed.com reserves the right to accept or reject user/buyers' offer. Buyxavier.com(XMPL)’S acceptance of user/buyers order will take place upon dispatch of the product(s) ordered. No act or omission of the Website prior to the actual dispatch of the product (s) ordered will constitute acceptance of user/ buyers offer.
29. Servicing Terms :
Servicing of all machines sold on /through www.buyxavier.com(XMPL) will be solely the responsibility of the respective manufacturers/ their dealers/or by XMPL service personnel(provided a service agreement exists between manufacturer/seller of a product with XMPL). Machine receipt service is (Back to desk) available(Machine has to be couriered to manufacturer/seller/XMPL OR brought to XMPL service point for repair), the Product manufacturer is solely responsible for after-sales spares availability.XMPL in this context holds no responsibility whats so ever. For Machines that are heavy and big which cannot be sent by courier, its the Manufacturers /Authorized Dealers responsibility to provide the service to end-user, as MACHINES ARE SOLD on MANUFACTURERS Consent, and XMPL is not liable for the same.Incase no authorized dealer is available XMPL can assign its service engg's to carry on such service repairs.
30. Offline orders received : (ACTIVE NOW)
Orders which are received “Offline” (“Offline” implies if any user/buyer opts for a quotation/ demonstration (through Request quotation option) / (Request Demonstration option) and approves the same and payment done through IMPS/NEFT/RTGS/Cash(for items below 40,000/- or as per prevailing government rules for cash acceptance at that time of sale ), will not be considered as “ONLINE sale”, but will be termed “Offline sale”. All the terms as in TOS will apply to “Offline sale” as deemed fit, the term “as deemed fit” used to clarify that “offline sale” does not use an online payment gateway for purchases by user/buyers, order cancellations, or refunds cannot be allowed as user/buyer issues a Purchase order for purchases after a proper demonstration and after satisfied by product/products demonstration and performance, the warranty will be as mutually agreed and mentioned on the Purchase order by user/buyer prior to delivery of goods. Machine repair Service for purchased equipment will be provided during the warranty and after warranty as per terms in the user/buyer's purchase order. As for online, and for all offline sales the jurisdiction of Hyderabad courts prevail.
Buyxavier.com (XMPL) reserves all rights to make time to time amendments in TOS as deemed fit at its sole discretion. User/ Buyer must read the TOS and other conditions before registering for Login/Request quotation/Request demonstration/ use free service/use product search request form, It will be understood that user/ buyer fully read and understand the terms & conditions of buyxavier.com (XMPL), if user/ buyers start using the site/ portal.
In case of any disputes, the Jurisdiction of Hyderabad Courts prevails.
Regarding any queries.