Term & Condition

The "Company" "Booker India" "We", "Us", "Our" shall mean Booker India Private Limited & it's group companies, a company incorporated under the Companies Act, 1956 with its registered office at Unit 607, 6th Floor, Trade Centre, Bandra Kurla Complex, Bandra East, Mumbai-400051 Booker Wholesale Store means the wholesale stores of the Company at various locations in India. (“Booker Wholesale”Member means a registered member of the Booker Wholesale Store. Member support Centre shall mean Our customer care team which can be contacted at the details given in these Terms of Use. For the purpose of these Terms of Use, wherever the context so requires "You" "Your" or "User" shall mean a Member. The domain name www.bookerindiaonline.com (hereinafter referred to as "Website") is owned by the Company Your use of the Website and related services and tools are governed by following terms and conditions ("Terms of Use") set out herein below including the applicable policies which are incorporated herein. If You transact on the Website or by mere accessing the Website, You shall be contracting with Booker India and will consequently be bound by these Terms of Use. All products /services and information displayed on the Website constitute an "invitation to offer". Your order for purchase constitutes Your "offer" and the Company reserves the right to accept or reject Your offer. Our acceptance of offer 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 Your offer. Except where additional terms and conditions are provided which are product specific, these Terms of Use supersede all previous representations, understandings, or agreements and shall prevail not withstanding any variance with any other terms of any order submitted. 
Use of the Website is available only to Members of the Booker Wholesale Stores. For becoming a Member visit Your nearest Booker Wholesale Store. Your membership must be valid at the time of placing of any order on the Website and upto 48 hours after that. Any persons whose membership has been suspended or terminated by Booker India for any reason whatsoever cannot transact on the website. You confirm that any products which You may purchase from the Website shall be solely for the purpose of resale, commercial, business, institutional and/or industrial use only and not for self-consumption/end use except the trust which can use for its self- consumption only. 
Account and Related Obligations 
Please login using the sign up page for browsing the products/price or to place an Order, You are solely responsible for maintaining the confidentiality of Your Account and Password and You alone shall be responsible for all activities that occur under Your Account and Password. The Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by You to protect Your password or account. If You know or suspect that someone else knows Your password you should notify Us immediately by contacting Our store contact details. If Booker India apprehends that there could be a breach of security or misuse of the Website, we may require You to change Your password and/or we may suspend Your account without any liability to Booker India. 

Electronic Communications 
You consent to receive communications from us electronically or telephonically. We can communicate with You by e-mail, telephone, or by posting notices on the Website for various purposes including taking feedbacks of the services or Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically shall be legally binding on You. 
Pricing Information 
While Booker India strives to provide accurate product and pricing information, pricing changes or typographical errors may occur. Sometimes an online price may not match the price in Booker Wholesale Store – We will however use our best efforts to maintain price parity online and in Booker Wholesale Store to the extent possible. Prices and availability are subject to change without notice. Final price will always be the Booker Wholesale Store Price effective at the time of making the invoice. 
Cancellation by the Website/Company 
We reserve the right to refuse or cancel any order for any reason such as limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. 
Online payment option is not available on the website. 
Fraudulent /Declined Transactions 
Booker India reserves the unconditional right to recover the cost of goods, collection charges and lawyers fees, if any from any person using/availing the Website unauthorisedly or fraudulently. Booker India reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and for any other unlawful acts or acts or omissions in breach of this Terms of Use. 
You Agree and Confirm 

1.That the address at which delivery of the product ordered by You is to be delivered will be correct and proper in all respects and in the event that a non-delivery/wrong delivery occurs on account of a mistake by You for instance wrong name or address or any other wrong information any extra cost incurred by Booker India for collection and/or redelivery shall be claimed from you. 
2.That you will use the services provided by Website for lawful purposes only and comply with all applicable laws and regulations while browsing the Website and/or transacting on the Website. 
3.You will provide authentic and true information in all instances where such information is requested of you. Company/Website reserves the right to confirm and validate the information and other details provided by You at any point of time. If Your details are found not to be true (wholly or partly), Company has the right to reject the registration and debar You from using the Services of Website and / or other affiliated Websites without prior intimation whatsoever. 

4.That You are accessing the services available on this Website and transacting at Your sole risk and are using Your best and prudent judgement before entering into any transaction through this Website. 
5.That before placing an order. You will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the items description. 
6.You may not use the Website, directly or indirectly for any of the following purposes: 
1.Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. 
2.Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations; or results in any civil and monetary liability for the Company. 
3.Gaining unauthorised access to other computer systems. 
4.Interfering with any other persons use or enjoyment of the Website. 
5.Interfering or disrupting networks or websites connected to Booker. 
6.Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 
Pictorial Representation and Colours 
We make best effort to display pictures and colours of products that appear on the Website as accurately as possible. However, there can be slight variation between the Picture and the colour that appear on Website and the actual product/colour. The Company will not be liable for the same and such variation alone should not be the basis of a return or exchange. 
Modification of Terms & Conditions of Service 
Booker India may at any time modify the Terms of Use of the Website without any prior notification to You. The latest version of these Terms of Use would always be available on the Website. You are, therefore requested to regularly review the Terms of Use on the Website. In the event the modified Terms of Use is not acceptable to You, You should immediately discontinue using the Website; if You continue to use the Website You shall be deemed to have agreed to modified Terms of Use of this Website. 
Governing Law and Jurisdiction 
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In case of any dispute, Courts of Mumbai shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms of Use between the parties hereto or otherwise, the same shall be referred to a single independent arbitrator who will be appointed by Booker India and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. 
Reviews, Feedback, Submissions 
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Booker India on or by this Website in connection with Your use of this Website (collectively, the "Comments") shall be and remain the Booker India property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Booker India of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. The Website will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. 
Booker India shall be under no obligation 
(1) to maintain any Comments in confidence; 
(2) to pay you any compensation for any Comments; or 
(3) to respond to any Comments. You agree that any Comments submitted by You to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by You to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Booker India does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Booker India the right to use the name under which you submit any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments You make and You agree to indemnify Booker India and its affiliates for all claims resulting from any Comments you submit. Booker India and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. 
Copyright & Trademark 
1.Booker India and its suppliers and licensors owns and hereby expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer nor shall not be considered as conferring upon anyone any license to any intellectual property rights. The Website names and logos and all related product and service names, design marks and slogans are the exclusive property of Booker India. All other marks are the property of their respective companies. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Booker India one of its affiliates or by third parties who have licensed their materials to the Website and are protected by Indian and international copyright laws. 
2.Any use of this Website or its contents, for any purpose other than for what it is intended is prohibited without the prior permission of Booker India. 
3.References on this Website to any names, marks, products or services of third parties or hypertext links to third party Websites or information are provided solely as a convenience to You and do not in any way constitute or imply Website endorsement, sponsorship or recommendation of the third party, information, product or service. 
4.Booker India is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If You decide to link to any such third party Websites, You do so entirely at Your own risk. 
5.You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Booker India or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. 
Objectionable Material 
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at Your sole risk and that to the fullest extent permitted under applicable law, Booker India and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you. 
You agree to defend, indemnify and hold harmless Booker India, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to the Website or to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this Terms of Use or arising out of the Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use. 
Your membership shall continue until terminated by You or the Website/Company. You may terminate these Terms of Use at any time, provided that You discontinue any further use of this Website. Booker India may terminate Your membership at any time and may do so immediately without notice, and accordingly deny you access to the Website, such termination will be without any liability to Booker India. Upon any termination of the membership and consequently termination of this Terms of Use, You must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials. Booker India’s right to any Comments shall survive any termination of Your Membership. Any such termination shall not cancel Your obligation to pay for any product already ordered from the Website 
Limitation of Liability and Disclaimers 
Your access to the Website is provided without any warranties or guarantees and is on an "As Is" condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while Booker India tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Website will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications and Booker India shall not be obliged to assist you in this regard. To the fullest extent permitted under applicable law, Booker India or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this Terms of Use. Without prejudice to the generality of the section above, the total liability of Booker India to You for any and all liabilities arising out of this Terms of Use is limited to the value of the product(s) ordered by You. Booker India, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Booker India assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website or any technical interruption (including virus, etc.
6.Website Security 
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Booker India will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Booker India on this Website and other than generally available third party web browsers (e.g., Google chrome, Netscape Navigator, Microsoft Explorer). 
Entire Agreement 
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to any applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, the Terms of Use constitutes the entire agreement between You and Booker India with respect to Website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Booker India with respect to the Website/services. Booker India's failure to act with respect to any breach by You or others does not waive of its right to act with respect to subsequent or similar breaches. 

Contact Details: Phone +91-22-40320800 
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

© Booker India 2015