The terms and conditions in the following User Agreement should be read carefully before using or accessing the Platform or the Services:
The following demonstrates the User Agreement (hereinafter referred to as an “Agreement“) between Hoistcraft with its registered office at 1A, Green Court 1st Street, Jalladianpet, Pallikkaranai, Chennai 600 100 (India) (hereinafter referred to as “Hoistcraft“) and the users of the Platform (as defined below) (“You“, “Your, “User“/”Users“).
Hoistcraft believes that the user(s)’s subscription or use of the Platform means that you have fully read, understood and accepted the Agreement.
If You do not agree to or wish to be bound by the Agreement You may not access or otherwise use the Platform (as defined below) .
USER AGREEMENT
The website by the domain name Hoistcraft.com hereinafter collectively referred to as the “Platform” are owned and managed by Hoistcraft.
Any and all use of this Platform 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 Platform 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 Platform (“Services“). The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Applicable Law. Your use of the Platform is governed by this Agreement.
Hoistcraft is (a) the provider of online B2B and B2C marketplace e-commerce service, where branded and unbranded products are displayed online by the various sellers, duly registered on the Platform on a non- exclusive basis, for sale and You can purchase the same, subject to this Agreement (“Marketplace E- commerce Entity”); (b) seller engaged in B2B and B2C e-commerce activities through the Platform in accordance with the Applicable Law. Accordingly, the [details of the products] that are displayed and showcased on the Platform (“Products”) may be either sold by a third-party seller duly registered on the Platform (“Third-Party Seller”) or directly by Hoistcraft in its capacity as Seller (collectively referred to as “Sellers” and individually as “Sellers”).
AMENDMENT TO USER(S) AGREEMENT
Hoistcraft may change, modify, amend, or update this Agreement from time to time and the same shall be informed to You through the Platform or email on the email address provided by you and the amended and restated Agreement shall be effective immediately If You do not adhere to the changes, You must stop using the Platform. Your continuous use of the Platform will signify Your acceptance of the changed terms of the Agreement.
USER(S) ELIGIBILITY
“User(s)” shall mean any individual (representing any business entity/organisation) or business entity/organization that legally operates in India or in other countries, uses, accesses and has the right to use or access the Services provided by Platform. Our Services are available only to those Users who can form legally binding contracts under the applicable law. A User shall be allowed to register and use the Platform in their individual capacities or access the Platform on behalf of a business entity. Accordingly, you represent yourself or duly authorized by the business entity to accept this User Agreement and You have the authority to bind yourself or the business entity you represent to this User Agreement.
Hoistcraft advises its Users that while accessing the Platform, they must follow/abide by the Applicable Laws, Hoistcraft is not responsible for the possible consequences caused by Your behaviour during your use of Platform. Hoistcraft, reserves the right, in its sole discretion, to terminate Your membership, Account and/or refuse to provide You with access to the Platform at any time.
Hoistcraft records buying and browsing activities of our Users including but not limited to Your contact details and profiles and uses the same to provide value-added services to our Users.
Please note our Platform is also not a risks proof Platform.
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.
User(s) can become a Registered User(s) by filling an online registration form on the Platform by giving desired information including but not limited to name, contact information, details of the relevant business entity, etc. Hoistcraft will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to Your Account. If You use the Platform as Registered User, You are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system and computer network, and You are responsible for all activities that occur under Your User ID and Password, email id and contact number, as the case may be.
It is required for a user to submit the requested information at Hoistcraft.com for registration before using the Platform:
Further, in case You are an individual registering on behalf of yourself or 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 Platform for legitimate business purposes only (d) all other information submitted to Hoistcraft 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 Hoistcraft to share such information with other user(s) Hoistcraft may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason, Hoistcraft may suspend or terminate a registered membership at any time without any prior notification in interest of Hoistcraft or general interest of its visitors/other members without giving any reason thereof.
Despite Your registered contact number(s) being on the Do Not Call Registry, You consent to be contacted by Hoistcraft through phone calls, SMS notifications or any other means of communication with respect to the Services provided by Hoistcraft.
You agree to (a) Provide true, accurate, current and complete information in relation to your Account and/or your use of the Platform as prompted by Hoistcraft’s 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 Hoistcraft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, then Hoistcraft shall have the right to indefinitely suspend or terminate or block access of Your membership or Account with the Platform and refuse to provide You with access to the Platform
CHARGES
Membership on the Platform is free for customers. Currently, Hoistcraft does not charge any fee for browsing and buying on the Platform. Hoistcraft reserves the right to change its Fee Policy from time to time.
USE OF PLATFORM
It is hereby expressly clarified that where the Seller is a Third-Party Seller, Hoistcraft or the Platform is not an agency, agent or contractor of either customer or such Third-Party or User. Hoistcraft does not share any employer- employee relationship or any other relationship of like nature with either the customer or such Third-Party Seller, as the case maybe. The actual Products provided by such Third-Party Seller are sold through the Platform on non-exclusive basis and such sale to the customer shall be outside the purview of Hoistcraft’s relationship with any of the User. Hoistcraft shall not be liable or responsible for any of the preferences or decisions made by a customer pertaining to the Products listed by Third-Party Sellers on the Platform.
A User shall be entitled to browse through the Products available on the Platform and place an order on the Platform. It is hereby clarified that a Seller registered on the Platform may in its sole discretion either accept or reject an order placed on the Platform, where the Products are sold by a Third-Party Seller, Hoistcraft shall not be held liable for any non-acceptance of order, delivery of incomplete order or incorrect Products.
The actual contract for sale is directly between the Third-Party Seller, and You. Hoistcraft as a Marketplace Entity provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to You to follow it or not, Hoistcraft has no control over (a) the existence, price, quality, safety or legality of items displayed, (b) the accuracy of Third-Party Content (as defined below) or listings including that of Third-Party Sellers on the Platform; (c) the ability of Third-Party Sellers to sell items; (d) the ability of buyers to pay for items; (e) accuracy of the details of the Third-Party Sellers including name, contact details and address. Hoistcraft does not, at any point of time during any transaction between buyer and Third-Party Seller, take the ownership of any of the goods offered by the Third-Party Seller. Nor does Hoistcraft, at any point, assert any rights or claims over the goods offered by the Third-Party Seller to the buyer,
While using the online marketplace service provided by the Platform, You explicitly agree and acknowledge that the purchase of such Products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Third-Party Seller, Hoistcraft is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded Products and buyers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the Products or the Sellers) before purchasing such Products or availing such services.
You understand that any issue or disputes regarding the warranty, guarantee, quality and service will be addressed directly by the relevant Seller In case any Product is covered under warranty by the Seller, the same shall be specifically mentioned under the Product details.
You acknowledge that Hoistcraft provides no warranty/guarantee, either express or implied, regarding the Product bought by You from a Third-Party Seller, its quality, merchantability or value of such Product or for the use or availability of online marketplace Service. Buyers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the Products or Sellers) before purchasing such Products or availing such services.
Hoistcraft provides an equal opportunity and non-discriminatory Platform and does not either directly or indirectly influence the sale of Products from a particular Third-Party Seller and/or price of the Products offered by the Third-Party Sellers. Hoistcraft is not liable for any manufacturing defect, faulty and after-sales service for any of the Products purchased on the Platform from a Third- Party Seller. Hoistcraft is not linked with any warranty, guarantee, post-sale claims or genuineness of Products or brand as it is just a platform that facilitates sales for its Third-Party Sellers. Hoistcraft will make best efforts to assist buyers in trying to resolve issues including refund or arranging replacement however, it will not bear the risk from legal claims for any misrepresentation or sale of the wrong Product by a Third-Party Seller.
The Platform makes available general third-party information such as, Product catalogues, lists of authorized dealers, technology and features, advertisements, images and photographs of the Products and other data from external sources (hereinafter “Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from reliable sources however, Hoistcraft does not provide any guarantee with respect to any of the Third Party Content and Hoistcraft shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party content.
Hoistcraft shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this Platform, or from your use of (or failure to use) the information on the Platform. Hoistcraft does not assume any liability and responsibility for the information provided by you on the Platform. The use of the information provided by you is limited to the purpose of the transaction of your order on an “as is” basis.
The Products shall be delivered either by the Third-Party Seller or any logistics/courier partners or delivery service utilized by Hoistcraft (“Delivery Executive”). It is hereby clarified that Hoistcraft is not a delivery company or a common carrier. A Delivery Executive shall not be an employee, agent or representative of Hoistcraft. Hoistcraft shall not be responsible or held liable for any actions or omissions of Delivery Executive.
Cancellation
The right to cancel any order for any reason is reserved only with Hoistcraft or the buyer of the Products. Possible reasons for cancellation by Hoistcraft include, but are not limited to the following-
- Potentially fraudulent order – Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, Your order may be cancelled
- Incorrect Pricing– Due to the volatile market for collectible Products, there may be major fluctuations in price at times. Therefore, the Seller reserves the right to remove any Product from any order and provide a full refund to the customer for that item.
3. Non-Payment of Non-COD -orders – If payment is not received within a reasonable amount of time after the order has been placed. Your order may get cancelled without notice
4. Non availability of the product – If the order is not serviceable by the seller due to non- availability of the product.
5. Non-serviceable address – If Your pin code is not serviced by any of the courier partners, your order will be cancelled.
6. Long. gestation time – If the procurement is taking longer than the delivery time indicated under product description and You are not willing to wait further, your order will be cancelled subject to the cancellation policy.
You shall not be allowed to cancel your order after such order has been packaged by the Seller for delivery. You may contact Hoistcraft’s sales team at sales@hoistcraft.com or at 8448449073.
Return Policy
Return is a scheme provided by respective Sellers directly in terms of which the option of exchange, replacement and/ or refund is offered by the respective Sellers to You. All Products listed under a particular category may not have the same returns policy. All returns are further subject to the terms, conditions and policies of our payment service providers and Sellers. Please contact our office to discuss any return requests.
Alerts
By accepting this Agreement, You accept that Hoistcraft may send the alerts to the mobile phone number/ email address provided by You at the time of registering at the Platform or to any such number/e-mail address replaced by You subsequently.
Content
Content on the Platform is displayed on “As Is” basis, in the form received from the Sellers or other third-parties. While Hoistcraft tries to offer reliable data, Hoistcraft cannot promise that the catalogues will always be accurate and up-to-date, and You agree that You will not hold our catalogue providers or us responsible for inaccuracies in the catalogues/product description. The catalogue/product description may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings within the catalogues or create any derivative works based on catalogue content.
Payment
A buyer shall have the option to pay the price of all the Products in the order (“Consideration”) either at the time of placing the order through the Platform (“Pre-paid order”) or as agreed with Hoistcraft. In case of a Pre-paid Order, the Platform will facilitate such payment through secured, third-party payment gateway.
While availing any of the payment methods available on the Platform, Hoistcraft will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
-Lack of authorization for any transaction/s, or
– Exceeding the preset limit mutually agreed by You and between “Banks”, or
– Any payment issues arising out of the transaction, or
– Decline of transaction for any other reasons
Before shipping and/or delivering Your order to You, the Seller may request You to provide supporting documents (including but not limited to Govt. 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.
Use of the aforementioned payment facility shall not render Hoistcraft 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 sold by Third-Party Sellers on Platform..
You hereby specifically authorized Hoistcraft or its service providers to collect, process, facilitate and remit payments and / or the Order Consideration.
You understand, accept and agree that the payment facility provided by Hoistcraft is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payments, collection and remittance facility for the transactions on the Platform using the existing’ authorized banking infrastructure and credit card payment gateway networks, Further, by providing payment facility, Hoistcraft is neither acting a trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price
Shipping orders outside India:
Our Platform entertains orders requiring international shipping. if You are an international customer, the shipment can be made on FOB basis at nearest Indian port or on CIF basis to your nearest port on mutually agreed terms and rates. Small products can also be door delivered by courier to clients outside India on mutually agreed terms and rates.
Order delivery time
The time span for delivery of orders for various items is from 1 day to 13 weeks.
The Products are dispatched in the delivery time indicated under product description on receipt of the payment for the order placed online. For Special orders or out of stock items, the delivery time shall be mutually agreed prior to acceptance of order by the Seller. If the Seller is not able to fulfil Your Pre-paid Order, we will refund Your entire Consideration within 15 (fifteen) business days from date of cancellation of order . If order delivery time exceeds the above committed timelines, we will contact You to determine if You want to execute the order with the new delivery time. If You do not wish to execute the order at that time then the applicable refund will be made.
Product information not shown in the catalogue/Product information:
Call, WhatsApp or email us to let us know what kind of information You need – All our numbers are listed in our Contact us section
Additional information about previous orders
Click on Order history at the top of the web site to view information about Your previous orders. From there You can access Your invoices, proofs of delivery, and other shipment information.
Grievance Redressal
The name and contact details of the Grievance Officer in charge are provided below:
Name: Ahamed Hussain
Designation: Grievance officer in-charge
Email: ah@hoistcraft.com
Phone: +91 93455 65966 (timings: 9.00 AM to 6.00 PM)
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty eight) hours of receiving it. The Grievance Officer may require certain further information, as intimated from time to time in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to this Agreement, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.