This Agreement is a contract between You and  Kiewcart . It sets out the terms and conditions under which You may purchase products online from Kiewcart . Please read the following terms and conditions carefully before placing your order. By completing the customer application process and using the  Kiewcart  Service, You agree to be bound by the terms and conditions of this Agreement.

 INTERPRETATION.

In these Conditions:

“Agreement” means an agreement between You and Kiewcart to supply Goods. The Agreement consists of the Order and these Conditions.

“Conditions” means these Conditions and any variations notified through these pages.

“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.

“Goods” means Goods described in an Order and includes packaging.

“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

“Order” means an order by You to purchase Goods through Shillong Cart.

“Product List” means the list of Goods displayed on the Kiewcart Internet site as amended from time to time.

“Service Fee” means the fee payable to Kiewcart in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Kiewcart  from time to time.

 THE AGREEMENT

 What is the Agreement?

The entire agreement between You and Kiewcart  for the purchase of Goods by You from Kiewcart  is:

(a)  these Conditions; and (b)  the terms of the Order.

 When the Agreement is formed

An agreement exists between You and Kiewcart  once:

(a)  Kiewcart  accepts an Order; or (b)  Kiewcart  receives the Order and does not reject it within fourteen days.

Each Order is a separate agreement.

Set-Off

If You owe money to Kiewcart under one agreement, Kiewcart  may set-off that money against any money that You owe to Kiewcart  under another agreement. If Kiewcart  owes money to You under one agreement Kiewcart  may set-off that money against any money that it owes You under another agreement.

 CUSTOMER APPLICATION

 Application to be completed

You must complete a customer application before placing an Order for Goods on Kiewcart . You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Kiewcart if there is any change to this information or data.

Set up costs

You are responsible for any costs associated with accessing the Kiewcart site and placing orders for Goods on Kiewcart including any Internet provider fees.

Delivery area

In order to purchase Goods from Kiewcart , the Delivery Address which You nominate will need to be within a location where Kiewcart  provides delivery services. Kiewcart will advise You if the Delivery Address which You nominate ceases to be in an area where Kiewcart delivers goods. Kiewcart will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Kiewcart delivers goods.

4. PURCHASE ORDERS & DELIVERY OF GOODS

4.1   Orders

You will place an Order on Kiewcart  by selecting Goods and pressing the “Submit Order” button. Orders will be deemed to have been received by Kiewcart  at the time of successful transmission of the Order.

4.2   Delivery of the Goods

Kiewcart will deliver the Goods to you at the Delivery Address, within the time agreed with you.

4.3   Authorised receipt of Goods

Anyone at the Delivery Address who receives the Goods shall be presumed by Kiewcart to be authorised to receive the Goods. Kiewcart may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Kiewcart may refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age.

Kiewcart may refuse to deliver goods to any person who is under the influence of liquor or who is intoxicated or not of the appropriate legal age.

4.4   Service Fee

If required by Kiewcart You shall pay to Kiewcart the Service Fee (or such other fee as may be specified by Kiewcart ) in respect of each Order.

4.5   Additional Delivery Fee

If there is no-one at the Delivery Address or no-one of appropriate age to receive and pay for the Order when the Order is delivered Kiewcart may charge You and You shall pay an additional Delivery Fee.

If the Order is not collected from a Pick Up Centre within a reasonable time, or if You wish to arrange a new pick up time, an additional handling fee will apply.

4.6   Delivery of tobacco & liquor and similar products

If the Order includes tobacco and/or liquor, or other products in respect of which the law prescribes a minimum age for the purchase of such products, You must ensure that a person over the age of 18 years (or such other minimum age as is prescribed by the law) is available to accept delivery of these Goods.

5. RISK & TITLE IN THE GOODS

5.1  Risk and Title

Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.

5.2   Returns or Refunds

If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Kiewcart  Call Centre and a representative will assess Your request for a credit or refund of the purchase price.

Credit for any items that you send back with the driver, or items that we pick up from you, will be applied to your next order.

6. PRICE OF GOODS & PAYMENT

6.1   Price of Goods

The price of the Goods as shown on the Product List is an indicative price only. The price You will pay for the Goods will be the price applicable at the time the Goods are processed and scanned for your order. Kiewcart ’s prices are subject to variation on a daily basis.

6.2   Service Fee

You also agree to pay the Service Fee in respect of each Order.

6.3   Price Comparisons

The prices on the Product List will not necessarily correspond to the prices in your local supermarket.

6.4   Total price estimate only

The total price for Goods purchased by You which appears on your Order and confirmation of your Order is an estimate only of the price payable for the Goods. Where random weight items are included in the Order, an actual price for these Goods will be calculated by Kiewcart after the Goods are weighed. Upon delivery of the Goods, Kiewcart will provide you with a register receipt specifying the total price for the Goods including the Service Fee.

6.5   Method of payment

(a)   Payment upon Delivery of Goods

You shall pay for the Goods at the time of delivery. You may use your credit card (Bankcard, MasterCard, Visa), debit card through our mobile unit or cheque. For security reasons Kiewcart does not accept cheque gift voucher or other payment for the Goods.

(b)  Customer Accounts

Alternatively, You may make an application to set up a customer account with Kiewcart . If your application is accepted You will be required to sign terms and conditions which will include details in relation to payment methods. At the time of each order, you will be required to select your payment method being either mobile or customer account. Unless otherwise agreed, in order to receive your goods, payment must be received by the selected payment method. In the event that your customer account is either suspended or closed pursuant to the terms and conditions of the Customer Account, this Agreement and/or facility may be either terminated or suspended by Kiewcart.

7. OUT OF STOCKS & SUBSTITUTION

7.1   No rainchecks

Kiewcart will not provide rainchecks in respect of Goods ordered by You.

7.2   Substitution policy

When completing your Order, You will be invited to select a substitution policy in respect of Goods which are out of stock. Kiewcart will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You.

7.3   Household quantities

Kiewcart reserves to limit the sale of items to reasonable and / or normal household quantities.

8. PACKAGING & LABELLING OF GOODS

Kiewcart aims to include in the Product List up-to-date details of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. Kiewcart does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.

9. LICENCE

From time to time, Kiewcart may provide you with the option to install and/or download software onto your computer or electronic gadget/s. You acknowledge that you are not permitted to make any other use of this Software unless given prior written authorisation by Kiewcart .

10. INTELLECTUAL PROPERTY RIGHTS

10.1   You acknowledge that Kiewcart owns all Intellectual Property Rights in Kiewcart including processes, code and product lists. You agree that You will make no representation to the contrary, and that You must not use or copy Kiewcart  in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

10.2   You acknowledge that any trademarks or logos which appear on the Kiewcart site are owned by or licensed to Kiewcart , and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

11. LIABILITY

11.1 You acknowledge that Kiewcart is provided “AS IS” and that Kiewcart is not making and has not made any warranty or representation as to Kiewcart ‘s suitability for any particular purpose. You agree that in using Kiewcart , You are not relying on any statement or representation made by Kiewcart  which is not expressly contained in this Agreement.

11.2   You agree that any liability of Kiewcart arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Kiewcart (other than a condition or warranty implied by legislation which does not permit Kiewcart ‘s liability to be limited as stated in this clause 11.2) will, at the election of Kiewcart  be limited to:

(a)  if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(b)  if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

11.3   You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Kiewcart  and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Kiewcart  or this Agreement, including, without limitation, loss or damage caused by the negligence of Kiewcart  or its related corporations.

12. USERNAME AND PASSWORD

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Kiewcart in relation to any liability arising out of the unauthorised use of your user name and/or password.

13. NOTIFICATION OF CHANGES

Kiewcart may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 16. Your use of the Kiewcart Service after notice will constitute your deemed acceptance of such changes.

14. PRIVACY & SECURITY

For details on the Kiewcart  Privacy & Security Statement, please refer to the Privacy & Security hyperlink on the Home Page.

15. TERMINATION

Kiewcart  may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 16) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, Termination of this Agreement shall be effective the day notice is sent or such later date as specified in the notice.

16. NOTICES

Kiewcart may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the Kiewcart website. You may give notice to Kiewcart  by electronic mail to customercare.Kiewcart@gmail.com

17. PROVISIONS ARE SEVERABLE

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

18. INDIAN LAW APPLIES

The laws of INDIA govern this Agreement.