Welcome to Industrybuying.com ! By accessing or signing up to the website and/or services, you agree to be bound by this User Agreement along with its services (collectively, the "User Agreement"), and to review and accept our Privacy Policy. Please read them carefully. You should review the Privacy Policy and User Agreement periodically for any modifications or changes.

The terms ‘visitor(s)’, ‘User(s)’, ‘you’, ‘your’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

If you do not agree to be bound by this User Agreement you must not access or use our website and/or services, in any manner. The website by the domain name www.industrybuying.com  along with all services provided in the form and manner of mobile app, mobile site etc. (collectively termed as “Platform” or “Website”) are owned and managed by IB MonotaRO Private Limited (hereinafter referred to as “IMPL”)

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This User Agreement may be updated from time to time by IB MonotaRO without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.

Industrybuying believes that subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Website in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.

1. APPLICABILITY

Any and all use of this Website is subject to, and constitutes acknowledgment and acceptance of, the terms and conditions set out under this Agreement. It is mandatory for all users of the Website to have read carefully, fully understand and be in total agreement with the terms of this Agreement before they proceed to use any of the services of the Website ("Services"). The Services are available only to retailers, industrial, commercial, institutional or other professional business users or to other wholesalers and related subordinated service providers who can form legally binding contracts under the Applicable Law. Your use of the Website is governed by this Agreement.

2.AMENDMENT TO USER(S) AGREEMENT

IMPL reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Website. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

3.USER(S) ELIGIBILITY

“User(s)” shall mean any individual (representing any business entity/organisation) or business entity/organization that legally operates in India or other countries, uses, accesses and has the right to use or access the Services provided by Website. Our Services are available only to those Users who can form legally binding contracts under the applicable law including but not limited to the Indian Contract Act, 1872. It is hereby clarified that IMPL does not engage in or provides the Website for any non-commercial activities, accordingly, a User shall not be allowed to register and use the Website in their individual capacities. They can only register or access the Website on behalf of a business entity. You represent that You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.

User(s) agree to abide by the User Agreement and any other rules and regulations imposed on the User under the applicable law from time to time. IMPL shall have no liability to the User(s) or anyone else, for any content, information or any other material transmitted over the Website, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The User shall do its own due diligence before entering into any transaction with other users on the Website. IMPL at its sole discretion reserves the right to refuse any Services to anyone at any time without assigning reasons thereof. The Services/Website are not available and may not be availed or used by User(s) whose accounts have been temporarily or indefinitely suspended by IMPL.

In order to enhance user experience and better fulfilment of user interaction on the Website, IMPL records buying and browsing activities of our Users including but not limited to Your contact details, profiles, product description, images, business details and may use the same to provide value-added services to our Users.

All rights and liabilities of the User and IMPL with respect to any services or product facilitated by IMPL shall be restricted to the scope of this User Agreement.

4.REGISTRATION AND YOUR ACCOUNT

To become a Registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily log-in.

While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify IMPL immediately in writing of any unauthorized use of their password or account or any other breach of security. IMPL will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website, it is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times. You agree to notify IMPL promptly if your mobile phone number or e-mail address changes by updating the same on the Website.

It is mandatory for a User to submit any of the below-mentioned document and/or relevant identification number before using the Website:

• applicable tax registration like GST certificate: or


• License/registration certificate/membership certificate/registration under Shops and Establishment Act, issued by a Government Authority/Government Body/Local SO- Government Authority, reflecting that the entity person holding the license/ registration certificate/ membership certificate, as the case may be, is itself/ himself/herself engaged in a business involving commercial activity; or


• Permits/license etc. for undertaking retail trade from Government Authorities/Local Self Government Bodies; or


• Certificate of incorporation or registration as a society or registration as public trust for self- consumption.

Further, in case You are an individual registering on behalf of a business entity, You and such business entity represents that (a) You have the authority to bind such business entity to terms and conditions of this Agreement: (b) the address You use when registering is the principal place of business of such business entity: and (c) You shall use the Website for business purposes only (d) all other information submitted to IMPL/Website during the registration process is true, accurate, current and complete.

By becoming a Registered User, You consent to the inclusion of Your personal and non-personal data in our online database and authorize IMPL to share such information with other user(s) and/or service providers for providing the Services. IMPL may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason, IMPL may suspend or terminate a registered membership at any time without any prior notification in interest of IMPL or general interest of its visitors/other members without giving any reason thereof.

You can access and update much of the information you provided us on the Website. You agree and acknowledge that you will use your Account on the Website to purchase Products only for business purposes and not for personal use.

Despite Your registered contact number(s) being on the Do Not Call Registry, You consent to be contacted by IMPL through phone calls, SMS notifications or any other means of communication with respect to the Services provided by IMPL. IMPL reserves the right to call You basis Your activity on the Website whether direct or indirect.

You agree, inter alia, to (a) Provide true, accurate, current and complete information in relation to your Account and/or your use of the Website as per the registration form or provided by You; (b) Maintain and promptly update the personal and non-personal data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or IMPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, then IMPL shall have the right to indefinitely suspend or terminate or block access of Your membership, connected sister accounts on the Website and refuse to provide You with access to the Website.

5.CONTENT USE AND RESTRICTIONS

Except as otherwise expressly permitted in this User Agreement or as authorized by IMPL in writing, you agree that you will not:

1. Distribute, share, or forward any part of the content available on the Website to any third party, including individuals, organizations, or businesses, without prior written consent from IMPL.


2. Use the Website to share, forward, post, or distribute any part of the content to any external public platform, including but not limited to YouTube, Facebook, Twitter, or any similar website.

Third-Party Content: Some content on the Website is provided by third parties. Users may upload, submit, or share their own content on certain sections of the Website through designated tools available in their respective user dashboards. IMPL does not assume responsibility for any third-party content. Any third-party content is displayed without endorsement from IMPL, and IMPL is not responsible for its accuracy, legality, propriety, or truthfulness.

User Responsibility for Third-Party Content: You agree that IMPL is not a party to any agreement, transaction, or understanding between you and any third-party content provider. You acknowledge that IMPL neither controls nor assumes responsibility for the content provided by third parties on the Website, and IMPL shall not be held liable for any damages or loss arising from your reliance on such content.

Compliance with Applicable Laws: Users are solely responsible for ensuring that all information provided to IMPL, whether through content submissions, payments, or otherwise, complies with applicable laws, including but not limited to laws regarding payment processing, consumer protection, and intellectual property rights. You agree to comply with all local, state, national, and international laws, including those applicable to India, when using the Website and its services.

User Representations and Warranties: By using the Website, you represent and warrant that:

1. All information you provide to IMPL is true, accurate, current, and complete.


2. You will promptly update any information provided to IMPL to keep it true, accurate, current, and complete.


3. You are the sole owner or have the necessary licenses, rights, and permissions to submit any content you upload to the Website.


4. You will not violate any third-party intellectual property or personal rights by submitting content.


5. You will not upload or submit content that violates any applicable law or regulation.

If IMPL determines that any of the information you have provided is false, inaccurate, outdated, incomplete, or misleading, or if IMPL has reasonable grounds to suspect such information, IMPL reserves the right, at its sole discretion, to suspend, terminate, or block your access to the Website indefinitely and refuse to provide you with access to the Website or its services.

License Grant and Ownership of Content: By submitting or posting any content to IMPL, you grant IMPL a perpetual, irrevocable, royalty-free, worldwide, sub-licensable (through multiple tiers) license to:

1. Use, display, reproduce, modify, adapt, distribute, and publicly perform the content for any purpose, including for commercial purposes, in any form, media, or technology now known or hereafter developed.


2. Exercise all copyright, database rights, publicity rights, trade secret rights, and other intellectual property rights you hold in such content.


3. Authorize third parties to use, access, and distribute your content under the terms of this User Agreement.

You represent and warrant that you have all necessary rights to grant IMPL the licenses described above and that the content you submit does not infringe upon any third-party rights, including but not limited to intellectual property rights, proprietary rights, and privacy rights.

Prohibited Content and Activities: You agree not to upload, submit, or transmit any content or engage in any activities on the Website that:

1. Violates laws: Contains fraudulent, deceptive, or unlawful content or promotes illegal activities.


2. Infringes on intellectual property: Violates the copyright, trademark, patent, or any other proprietary rights of any third party.


3. Harms others: Is defamatory, abusive, libellous, threatening, harassing, obscene, or otherwise harmful to others.


4. Promotes discrimination or violence: Encourages discrimination, hate speech, or violence based on race, religion, nationality, gender, sexual orientation, or any other characteristic.


5. Contains malicious software: Includes viruses, worms, malware, or other harmful components designed to disrupt, damage, or interfere with the functionality of any hardware or software systems.


6. Is sexually explicit or obscene: Promotes pornography, explicit sexual content, or materials harmful to minors.


7. Misrepresents identity: Impersonates any person or entity, including but not limited to IMPL employees or other users, or falsely represents your affiliation with any organization or entity.


8. Promotes unauthorized advertising: Includes unsolicited advertisements, promotional materials, spam, or chain letters.


9. Violates privacy: Infringes upon the privacy rights of others, including the unauthorized collection or distribution of personal information.

Liability Disclaimer: IMPL does not control the content submitted by users and third parties on the Website. Therefore, IMPL makes no representations regarding the truthfulness, legality, or appropriateness of such content. Users are solely responsible for their interactions and communications with other users or third-party content providers. IMPL shall not be liable for any damage, loss, or legal consequences arising from the use of the Website or any content posted or accessed through the Website.

IMPL reserves the right to remove any content, block or suspend user accounts, or take other actions deemed necessary to enforce these terms and ensure the proper functioning of the Website. However, IMPL is under no obligation to monitor or regulate the content posted on the Website and is not responsible for any issues arising from user-generated content.

Indemnification: You agree to indemnify, defend, and hold harmless IMPL, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, expenses, or costs (including reasonable legal fees) arising out of or in connection with:

1. Your use of the Website and services.


2. Any content you submit or upload to the Website.


3. Any violation of this User Agreement or applicable laws, including intellectual property laws.


4. Any actions or conduct on your part that result in legal claims or disputes with third parties.

6.INTELLECTUAL PROPERTY

IMPL is the exclusive owner or authorized licensee of all rights related to the Webite and its content ("Website Content"). "Website Content" refers to the design, layout, text, images, graphics, audio, video, and any other materials available on the Website. The Website Content embodies trade secrets and intellectual property rights protected under global copyright and applicable intellectual property laws. All titles, ownership rights, and intellectual property rights in the Website and its Content remain with IMPL or its licensors, as the case may be.

Any rights not explicitly granted to the User under this User Agreement are expressly reserved by IMPL. Any information, advertisements, or offers presented on or through the Wesbite ("Website Information") are provided solely for general informational purposes for the User's benefit. The User acknowledges full responsibility and liability for any consequences resulting from the use of such Website Information. IMPL does not endorse, represent, or warrant the accuracy, reliability, or quality of the Website Information, nor does it endorse the quality of any products derived from such information.

The Website Information is provided on an "as-is" basis, with no guarantee of completeness, accuracy, timeliness, or specific results. IMPL does not offer any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or performance. The User is advised to independently verify the Website Information through their own investigations. IMPL shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from reliance on the Website Information. The User acknowledges that any reliance on such information is at their sole risk. IMPL reserves the right, without obligation, to improve, correct, or modify any errors or omissions in the Website Information.

7.TRADEMARKS

"Industrybuying" and related logos, icons, and trademarks are either registered trademarks or service marks of IMPL in various jurisdictions. These trademarks are protected under applicable trademark, copyright, and intellectual property laws. Unauthorized use, reproduction, adaptation, or publication of these marks is strictly prohibited. The User agrees not to use any of IMPL’s trademarks without prior written consent.

8.COPYRIGHT

All Website Content, including Website Information, is copyrighted by IMPL, except for third-party content or links to third-party websites that may be available on the Website. Users are prohibited from using any third-party trademark, service mark, or logo without obtaining prior written approval from the respective third party.

Users acknowledge that IMPL is not responsible for intellectual property disputes and does not verify whether the content posted by Users or Third-Party Seller infringes on the intellectual property rights of others. IMPL encourages Users to report listings they believe infringe upon their rights. IMPL will review such reports, but taking down a listing does not imply endorsement of the infringement claim. Similarly, failure to remove a listing does not imply that the listing is free of infringement or that IMPL endorses the sale of the associated products or services.

IMPL respects the intellectual property rights of others and expects Users to do the same. Users agree not to copy, download, reproduce, or redistribute any Website Content, including but not limited to text, images, videos, directories, files, databases, or listings, for resale, redistribution, or commercial purposes, without explicit written consent from IMPL.

The use of automated systems such as bots, crawlers, or spiders to systematically collect or compile Website Content, or to create a database or directory, is prohibited unless expressly authorized by IMPL.

Any use of Website Content beyond the scope permitted in this User Agreement constitutes infringement and will entitle IMPL to pursue legal action. IMPL reserves the right to suspend or terminate access to its services for any User involved in infringing the intellectual property rights of third parties or engaging in activities that may harm IMPL, its affiliates, or other Users. This may include termination with or without cause, at IMPL's sole discretion.

If a User notices any potential intellectual property infringement on the Website, they are encouraged to notify IMPL by sending a detailed written notice to legal@industrybuying.com along with proper authorization, proof of ownership and specific links of the Website, were any potential infringement is visible.

9.IB CREDIT FACILITY

IMPL may, at its sole discretion, extend a credit facility (“IB Credit”) to select Buyers based on internal policies, risk assessment criteria, and verification processes. The IB Credit facility is a distinct commercial arrangement offered by IMPL and is governed by the terms detailed herein, which shall override any inconsistent provision elsewhere in these Terms of Use or any return or refund policies applicable to other transactions on the Website.

9a. Credit Approval and Security Instruments

• Buyers seeking IB Credit must undergo creditworthiness evaluation as per IMPL’s internal criteria, including KYC verification, financial history, and business standing.


• As a condition precedent to the disbursal of IB Credit, Buyers shall execute and deliver security instruments acceptable to IMPL, which may include but are not limited to:


• Post-dated cheques covering the full credit value;


• NACH (National Automated Clearing House) mandates authorising auto-debit of repayment dues;


• Any other enforceable instrument or payment assurance mechanism as may be notified.


• The Buyer undertakes and warrants that:


• All security instruments submitted shall be genuine, legally valid, enforceable, and backed by sufficient funds;


• No stop payment instructions shall be issued and no action shall be taken to dishonour or obstruct the processing of such instruments;


• Any dishonour or failure of these instruments shall constitute a criminal and civil breach, and IMPL reserves the right to initiate legal proceedings under the Negotiable Instruments Act, 1881, and other applicable laws.

9b. Payment Terms

• The full invoiced amount of Products purchased under IB Credit shall be payable within thirty (30) calendar days from the date of delivery (“Due Date”).


• Any failure to make full and final payment by the Due Date shall attract interest at the rate of 24% (twenty four percent) per annum from the Due Date until actual payment.


• IMPL may, without prejudice to other remedies, take the following actions in the event of default:


• Suspend or block the Buyer’s access to the Website;


• Withhold any further supply or order processing;


• Engage recovery through service providers or initiate legal action;


• Report the default to credit rating agencies and bureaus;


• Invoke and deposit any cheques or instruments provided by the Buyer.

9c. Return Window for IB Credit Orders

• IB Credit orders shall be eligible for return solely within seven (7) calendar days from the date of delivery (“Return Window”).


• Return requests shall be accepted only if:


• The Products are unused, undamaged, and in original packaging;


• The request is raised through authorised channels within the Return Window.


• No return shall be accepted post the Return Window.


• For the avoidance of doubt, Buyer remorse, excess stock, delay in resale, or commercial inapplicability shall not qualify as valid grounds for return.


• The expiry of the Return Window shall be deemed to be an acceptance of the Product by the Buyer, and the corresponding credit obligation shall remain payable without any defence.

9d. Exclusion from Standard Marketplace Return Policy

• IB Credit transactions are governed exclusively by Clause 9 above and shall not be subject to the general Website return, refund, or cancellation policies applicable to prepaid or non-credit orders.


• IMPL reserves the right to designate IB Credit orders as “non-returnable” at its discretion in select categories or circumstances, which shall be indicated prior to purchase.

9e. Other Commercial Terms and Rights

• IMPL retains the right to revoke, suspend, vary, or terminate IB Credit access at any time based on Buyer conduct, repayment history, or business assessment.


• The Buyer shall not assign, sub-contract, or transfer the IB Credit facility or any associated rights or obligations to third parties without the prior written consent of IMPL.


• These terms shall survive the expiry or termination of the Buyer’s Website account until all IB Credit dues are discharged in full.


• IMPL may introduce separate agreements or annexures for high-value or strategic Buyers which may override certain provisions herein by mutual agreement in writing.

10.USE OF WEBSITE

It is expressly clarified that IMPL is not acting as an agent, contractor, or representative of the customer or any Third-Party Seller on the Website. IMPL does not have an employer-employee relationship or any similar relationship with the customer or any Third-Party Seller. The products offered by Third-Party Sellers are sold on the Website on a non-exclusive basis, and any sale to the customer is independent of IMPL’s relationship with any user. Therefore, IMPL shall not be held responsible for any decisions or preferences made by the customer with regard to products listed by Third-Party Sellers.

Users are permitted to browse the products available on the Website and place orders through it. It is understood that a Third-Party Seller has sole discretion to either accept or reject any order placed. IMPL is not liable for any non-acceptance of orders, delivery of incomplete orders, or incorrect products delivered by Third-Party Sellers.

The actual contract for the sale of products is directly between the Third-Party Seller and the Buyer. IMPL operates as a marketplace entity, facilitating the listing of products, pricing, and shipping information. However, IMPL does not control or take responsibility for:

• The existence, price, quality, safety, or legality of the items displayed on the Website.


• The accuracy of Third-Party Seller content or listings on the Website.


• The ability of Third-Party Sellers to fulfil orders.


• The Buyer's ability to make payments for items.


• The accuracy of Third-Party Seller details (including contact information).

At no point does IMPL assume ownership of any goods offered by Third-Party Sellers or take rights over the products offered to Buyer.

By using the Website, User(s) acknowledge that purchases made will be subject to the terms and conditions set by the Third-Party Seller, including any additional terms specified by them. IMPL acts as a facilitator, providing no warranty or guarantee regarding the authenticity, quality, or legality of the products sold on the Website. Users are encouraged to exercise due diligence and review available customer feedback before purchasing from Third-Party Sellers.

Warranty and Responsibility: Any issues regarding warranties, guarantees, quality, or post-sale services will be handled directly by the Third-Party Seller. If a product is covered under warranty, this will be specifically mentioned in the Product details. IMPL does not provide any warranty or guarantee (express or implied) concerning the Products bought from Third-Party Sellers, including their quality or fitness for a particular purpose.

IMPL provides an equal opportunity Website to all Third-Party Sellers and does not influence the sale or pricing of products offered by them. IMPL is not responsible for any manufacturing defects, faulty products, or after-sales service related to products purchased from Third-Party Sellers. IMPL facilitates transactions but is not responsible for post-sale claims, including warranties or the genuineness of products. While IMPL will make reasonable efforts to assist Buyers in resolving issues, including refunds or replacements, it will not bear responsibility for any legal claims resulting from misrepresentations or the sale of incorrect products by Third-Party Sellers.

Third-Party Content: The Website makes available Third-Party Content, such as product catalogues, advertisements, images, and other data obtained from external sources. This content is provided for general informational purposes only. While IMPL strives to source this content from reliable sources, it makes no guarantees regarding the accuracy, completeness, or legality of such content and will not be liable for any loss or damages resulting from reliance on or use of this Third-Party Content.

Limitation of Liability: IMPL shall not be liable for any direct, indirect, consequential, or other damages arising from the use or inability to use the Website, or from reliance on the information available on the Website. IMPL does not assume any liability or responsibility for the information provided by users on the Website. The information provided by users is used solely for the purpose of completing transactions related to their orders.

Delivery and Logistics: Products purchased on the Website will be delivered either by the Third-Party Seller or by a logistics partner or delivery service engaged by IMPL ("Delivery Executive"). IMPL is not a delivery company and does not act as a common carrier. Delivery Executives are independent contractors and are not employees or agents of IMPL. IMPL shall not be responsible for any actions, omissions, or delays caused by the Delivery Executive.

11.DISCLAIMER AND LIMITATION OF LIABILITY

The features and services provided through the Website are made available on an "as-is" and "as-available" basis. IMPL expressly disclaims any and all warranties, whether express or implied, including, but not limited to, warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, and terms are excluded to the fullest extent permitted by applicable law. IMPL does not make any representations or warranties regarding the validity, accuracy, correctness, completeness, stability, or reliability of any information presented on or through the Website.

IMPL does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale, or use of products or services offered or displayed on the Website does not violate any third-party rights. Additionally, IMPL makes no representations or warranties of any kind regarding any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is done at the User’s own discretion and risk. The User is solely responsible for any damage to their computer system or loss of data that may result from downloading such material. No advice or information, whether oral or written, obtained by the User from the Website, or through or from the Website, shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall IMPL be held liable for any delay, failure, or disruption of the content or services delivered through the Website resulting directly or indirectly from circumstances beyond IMPL’s reasonable control. This includes, but is not limited to, internet failures, telecommunications or computer equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of courts or tribunals, or non-performance by third parties.

By using the Website, the User agrees to indemnify and hold harmless IMPL, its affiliates, directors, officers, employees, agents, and representatives, from and against any and all losses, claims, liabilities (including legal costs on a full indemnity basis), or expenses that may arise from the User’s use of the Website, including but not limited to, the display of the User’s information on the Website, or from the User’s breach of any terms and conditions of this User Agreement.

Additionally, the User agrees to indemnify and hold harmless IMPL from any and all losses, claims, liabilities (including legal costs) that may arise from the User’s breach of any representations, warranties, or obligations made under this User Agreement.

IMPL shall not be responsible or liable for any material posted by other Users or third parties on the Website, including defamatory, offensive, or illicit content. The risk of exposure to such material rests entirely with the User. IMPL reserves the right, at its discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which case the User shall cooperate with IMPL in asserting any available defences.

IMPL shall not be liable for any special, indirect, incidental, punitive, or consequential damages, including but not limited to damages for loss of profits or savings, business interruption, or loss of data, whether arising in contract, negligence, tort, or otherwise, resulting from or in connection with:

• The User’s inability or failure to use the Website;


• Any defect in goods, services, data, or information obtained from another User or third-party provider through the Website;


• Any delay in delivery, or the inability of a Seller to provide or deliver products and/or services, or any costs incurred by the User due to such delays or failure to deliver;


• Violation of third-party rights or claims regarding the manufacturing, importation, distribution, sale, display, purchase, or use of products or services offered on the Website, which may violate or be asserted to violate third-party rights;


• Unauthorized access by third parties to the data or private information of any User;


• Any statements or conduct of other Users on the Website.

The User acknowledges and agrees that in no event shall IMPL’s liability exceed the total amount paid by the User for the specific transaction that gave rise to the claim, irrespective of the nature of the claim.

12.CANCELLATION OF ORDERS

IMPL reserves the right to cancel any order placed by the Buyer for any reason, at its sole discretion, before the order is shipped. Similarly, the User may cancel an order in accordance with the conditions set forth herein. The following are possible grounds for cancellation by the Website:

1. Suspected Fraud: The Website conducts checks to identify potentially fraudulent orders prior to shipment. If such a check determines that the order may be fraudulent, it may be cancelled without prior notice.


2. Pricing Errors: Due to fluctuations in the market, particularly for collectible or volatile products, the Seller may adjust the price of certain items. In the event of an error in pricing, the Website reserves the right to cancel the order for that product.


3. Non-Payment for Non-Cash on Delivery (COD) Orders: If payment is not successfully processed within a reasonable time following the order placement, the Website reserves the right to cancel the order without further notice.


4. Product Availability: If the Product is no longer available for any reason, or if the Seller is unable to fulfill the order, the Website reserves the right to cancel the order.


5. Unserviceable Address: If the delivery address provided by the Buyer is located in a region not serviced by the Website’s logistics or courier partners, the Website may cancel the order.


6. Extended Procurement Time: If the procurement of the ordered product exceeds seven (7) business days and the Buyer is unwilling to wait for delivery, the User may request cancellation of the order.

Once an order has been packaged by the Seller for delivery, it cannot be cancelled by the Buyer. However, the User may contact IMPL’s customer support team at care@impl.com or by calling 8448449073 for any queries regarding cancellations.

13.RETURN, REFUND, AND REPLACEMENT

Users may request returns purchased from Third-Party Sellers and suppliers listed on the Website, provided the request is made within the specified return window. However, products explicitly marked as "non-returnable" on the product detail page at the time of purchase cannot be returned. Only products marked as "returnable" are eligible for return, subject to the conditions set forth on the product detail page and in this section of the User Agreement.

Upon approval of a return request, the Third-Party Seller shall, at their discretion, provide a replacement or refund within a reasonable timeframe, as specified for the respective product or mutually agreed upon between the Buyer and the Seller. The refund amount may be subject to deductions for applicable fees, shipping costs, or other agreed-upon terms, as outlined at the time of purchase.

If a user receives a damaged, defective, or incorrect product, they will be eligible for exchange, subject to the conditions provided in the product description. Products that are not eligible for return may still be exchanged for reasons mentioned in the product description. Further, if a user has purchased a product with a complimentary item, and returns the main product, the complimentary item must also be returned.

Back-to-Back Warranty

All Third-Party Sellers hereby provide to IMPL back-to-back warranty on the Products listed by them on the Website. If the product is defective or fails to meet the quality standards as described in the product description, the Seller is obligated to replace the product promptly, at no additional cost to the IMPL. This warranty applies irrespective of the return or exchange policy outlined above and is intended to ensure that defective products are replaced by the Seller immediately upon discovery of any deficiency.

In cases where the product is part of a package deal, all items in the package must be returned in order to process a refund or replacement. Should the Buyer return an extra or incorrect product, IMPL will not be responsible for misplacement or failure to return such items, nor will it bear liability for their delivery back to the Buyer.

IMPL acts solely as a facilitator for transactions between users and Third-Party Sellers and does not assume liability or responsibility for disputes arising from returns, exchanges, or refunds. The responsibility for return and exchange arrangements lies between the Buyer and the Third-Party Seller. However, if the user receives a product that meets any of the following conditions, they may request a return or exchange by submitting the required documentation (such as a job sheet or proof of purchase) to IMPL or directly to the Third-Party Seller:

• The product is defective, altered, or used.


• The product sustains physical or in-transit damage.


• A branded product is received with the seal opened.


• The product is missing items or accessories.


• The wrong product is shipped.

IMPL and the Third-Party Seller retain the right to cancel any order placed by the Buyer at their sole discretion. If the order is cancelled by the Seller, the Buyer will be notified via email or SMS. In such cases, any transaction amount paid by the Buyer will be refunded if the Seller is unable to fulfill the order. Sellers may also cancel orders where the quantity exceeds reasonable individual consumption limits. These limits are determined at the Seller's discretion and may vary based on factors such as product type and user behavior.

IB Credit Returns: Returns processed via IMPL credit will be handled in accordance with the procedures and criteria outlined in Clause 9 of this User Agreement.

Except as otherwise outlined in this User Agreement, in the event of a refund request, IMPL retains sole discretion over the eligibility and amount of the refund. IMPL may take into account the nature of the product, the reason for the refund request, and applicable policies or guidelines when evaluating such requests.

Refunds will be conditional and subject to IMPL’s assessment of any potential misuse by the Buyer. IMPL may issue a partial or full refund based on this assessment, which may include reviewing the details provided by the user and any supporting evidence or documentation.

The decision of IMPL regarding refunds shall be final and binding. The user agrees to abide by IMPL's decision and acknowledges that IMPL is not obligated to provide a refund if the request does not meet the criteria outlined herein, or if IMPL deems the request to be unreasonable or fraudulent.

In the event that a refund is approved, IMPL will process the refund within a reasonable timeframe, using the original method of payment unless otherwise agreed upon.

14.PAYMENT TERMS

Payment Options: A Buyer shall have the option to pay the consideration for the Products ordered ("Consideration") either:

• Pre-paid Order: At the time of placing the order through the Website, or


• Post-paid Order: At the time of delivery of the products ordered.


• IB Credit: Users may also choose to pay via IMPL Credit (referred to as "IB Credit"). Payments via IB Credit will be subject to the terms, conditions, and obligations outlined in Clause 9 of this Agreement, as applicable.

For Pre-paid Orders, the Website shall facilitate the payment process through secure third-party payment gateways, which may include but are not limited to, credit/debit cards, internet banking, wallets, or other payment methods available on the Website.

Limitation of Liability: IMPL shall not be liable for any loss or damage arising directly or indirectly to the User due to the following reasons, including but not limited to:

• Lack of authorization for any transaction(s) carried out by the User;


• Exceeding the preset transaction limit mutually agreed upon by the User and the User’s bank;


• Any payment issues or errors arising during the transaction;


• Decline or failure of a transaction for any reason, including technical failures or issues with the payment gateway.

By using the payment services provided through the Website, the User acknowledges and agrees to assume full responsibility for any risks or issues associated with the transaction process.

Verification of Payment Instrument: Prior to shipping and/or delivering the order, the Seller may request the User to provide supporting documentation (including, but not limited to, government-issued identification, address proof, etc.) to verify the ownership of the payment instrument used for the transaction. This verification is intended to ensure a secure and safe online shopping environment for all Users of the Website.

Non-Liability of Website for Transaction Issues: The Website, in facilitating payment transactions, shall not be held responsible or liable for any issues arising from:

• Non-delivery, non-receipt, or damage of the products ordered;


• Breach of any warranties, representations, or after-sales services related to the products sold by Third-Party Sellers on the Website;


• Fraud or unauthorized activities associated with the products sold by Third-Party Sellers on the Website.

Authorization to Facilitate Payments: The User hereby specifically authorizes the Website or its authorized service providers to collect, process, facilitate, and remit payments and/or the Order Consideration for transactions made on the Website. This authorization is provided in accordance with the terms and conditions of the User Agreement and any applicable laws and regulations.

Nature of the Payment Facility: The User understands, accepts, and agrees that the payment facility provided by the Website is not a banking or financial service. Rather, it is a facilitation service, enabling the electronic, automated processing of online payments. The Website merely acts as an intermediary for receiving and processing payments, including cash on delivery (COD), using authorized banking infrastructure and payment gateway networks.

IMPL does not assume any fiduciary or trustee role in connection with the transaction or the transaction price, nor does it bear any responsibility for the funds held by third-party payment processors. The Website’s role is limited to facilitating payment collection, processing, and remittance between the Buyer and the Seller.

Payment via IB Credit: Users may opt to make payments through IMPL Credit (IB Credit) for certain transactions. Payments made via IB Credit will be subject to the provisions set forth in Clause 9 of this User Agreement and any other applicable terms governing the use of IB Credit on the Website. By choosing IB Credit as a payment method, the User acknowledges and agrees to be bound by the specific conditions relating to IB Credit, including any obligations relating to the credit limits, repayment schedules, and interest or fees associated with the use of IB Credit.

15.SHIPPING AND ORDER DELIVERY

Shipping Orders Outside India: Currently, our Website does not process international orders. If you are an international customer, please email your requirements to care@industrybuying.com, and we will coordinate with the relevant Sellers to determine whether your order can be fulfilled.

Order Delivery Time: For orders where the products are in stock or readily available with the respective Seller, dispatch will occur within 3 (three) to 4 (four) business days upon receipt of full payment. For special or out-of-stock items, the estimated delivery time is approximately 2 (two) weeks from the date the Seller accepts the order.

If the Seller is unable to fulfil your Pre-paid Order, we will refund the entire Consideration within 15 (fifteen) business days from the date the order is cancelled. In cases where the delivery time exceeds the committed timelines, we will contact you to confirm if you wish to proceed with the order under the new delivery timeline. If you choose not to proceed with the order, the full amount will be refunded.

Business Hours: Our customer service team is available from 9 AM to 8 PM, Monday to Saturday, and can be reached at +91 8448449073 (Helpline Number).

16.ALERTS

By accepting this Agreement, You accept that IMPL may send the alerts to the mobile phone number/ email address provided by You at the time of registering at the Website or to any such number/e-mail address replaced by You subsequently.

17.GRIEVANCE REDRESSAL AND CONTACT INFORMATION

In compliance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, we are committed to resolving any grievances or complaints that you may have regarding the services provided on our Website.

The details of the Grievance Officer, who is responsible for addressing and resolving your grievances, are as follows:

Grievance Officer:

Name: Raj Singh

Designation: Grievance Officer

Email: care@industrybuying.com

Phone: 8448449073 (Timings: 9:30 AM to 6:30 PM)

Nodal Officer:

Name: Sonu Chauhan

Email: legal@industrybuying.com

Upon receipt of your grievance or complaint, IMPL will attempt to acknowledge it within 48 (forty-eight) hours. To facilitate a thorough review, IMPL may request additional information as necessary. IMPL will aim to resolve the grievance or complaint as soon as possible.

Please note that if you fail to provide the requested information IMPL may be unable to proceed with resolving your grievance or complaint, and as a result, it may remain unresolved. By using this Website, you authorize IMPL to contact you using the contact details provided by you, for the purpose of addressing your grievance or complaint.

18.GOVERNING LAW AND JURISDICTION

This User Agreement shall be governed in all respects by the laws of Indian Territory. IMPL considers itself and intends itself to be subject to the jurisdiction of the Courts of Delhi, India only. The parties to this User Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi India.

19.DATA PROTECTION

Personal information supplied by User(s) during the use of the Web Site is governed by IMPL’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy.