Terms of Sales



1.IMPORTANT TERMS


1.1 This terms of lease ("Terms of Lease") document is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This Terms of Sale document does not require any physical, electronic or digital signature and it is a legally binding document between the Lessee and the Lessor.

1.2 For the purposes of this Terms of Lease document, wherever the context so requires, “You” or “User” shall mean any natural or legal person who uses or accesses the Website, or takes on lease any batteries or vehicles (“Products”) on the Website. The term, “We”, “Us” , “Our” shall mean Mooving Smart Mobility & Energy Private Limited. (“Mooving”). the user leasing out the Products on the “Website” is referred to as the “LessorLessor” and a User who takes on lease the Products using the Website is referred to as the. “LesseeLessee”

1.3 By listing of the Products on the Website, the Lessor makes an offer to give on lease the listed Products to the Lessee and once the Lessee agrees to take on lease a Product, the Lessee accepts the offer to lease made by the Lessor. These Terms of Lease will be effective and binding on the Lessor upon Lessor’s advertising, exhibiting and creating a listing of the product on the Website, and shall be effective and binding on the Lessee upon Lessee agreeing to take on lease the Products so listed by the Lessor.

1.4 Both the Lessor and the Lessee are requested to read these Terms of Lease carefully before listing any Product or before taking on lease any Product using the Website respectively. These Terms of Lease are to be read with the various agreements along with the Terms of Use, Privacy Policy and all other policies of the Website. The Lessors are requested not to list their Products and the Lessees are requested not to take on lease using the Website if they are not agreeable to these Terms of Lease.


1.5 These Terms of Lease may be revised from time to time, therefore both the Lessee and the Lessor are requested to read these Terms of Sales carefully before taking on lease or listing a Product using the Website respectively. Your continued use of the Website following such changes and modifications to these Terms of Lease will constitute Your acceptance of such changes or modifications.


2.OFFER AND ACCEPTANCE OF THE PRODUCT

2.1 The contract for Lease of the Product is a bipartite contract between the Lessee and the Lessor. Mooving is not a third party beneficiary under such bipartite contract. By listing the Product on the Website, the Lessor makes an offer to lease out the Product to the Lessee and once the Lessee agrees to take on lease the Product listed by the Lessor, it accepts the offer to lease out the Product made by the Lessor. The offer to lease out the Product made by the Lessor is not an absolute and unconditional offer. The Lessor is entitled to repudiate the same at any time before the delivery of the Product to the Lessee without any liability or any obligation towards the Lessee.


3.PRODUCTS

3.1 The sale of the Products on the Website is governed by the description and specifications of the Product and the terms of warranties provided by the respective Lessors in addition to these Terms of Lease. The details of the warranty, if any, being provided by the Lessor of the Product should be specified on the relevant Product webpage or on the Product label. Mooving shall not be liable to fulfil any warranty being provided by the Lessor.

3.2 Unless otherwise specified all payments by the Lessee shall be required to be made online. In specific cases, Mooving /Lessor may make available other modes of payment to the Lessee. The details of such alternate modes of payment shall be made available on the Product webpage.

3.3 The stock status of all the Products is shown on the Website as ‘In Stock’ or ‘Out of Stock’. However, sometimes a Product may not be available to be delivered to the Lessee after receipt of the order from the Lessee. This may happen when multiple orders are placed on the Website simultaneously. Hence, the final order status of the Product will be reflected on the Website as ‘Order Accepted’ after confirmation of availability of the Product is received from the Lessor.

3.4 In case the Lessee’s order is cancelled for any reason after the payment has been processed, the amount received from the Lessee shall be returned,reversed or remitted back to the Lessee depending upon the mode of payment used by the Lessee to make the purchase. This document is published by Mooving in accordance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder that require publishing of the Terms of Use for access or usage of a website. Your use of the Website and services and tools are governed by Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies, including "Terms Of Lease" document that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Mooving and these terms and conditions including the policies constitute Your binding obligations, with Mooving.

3.5 As regards the lease of Product by Lessor to the Lessee, the Lessor hereby represents and warrants to the Lessee that:

a) Lessor has the right to lease out the Products to the Lessee on or through the Website;
b) Lessee shall have and enjoy quiet possession of the Products;
c) Products shall be free from any charge or encumbrance in favour of third party;
d) Lessee shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Lessor of the Product;
e) Product shall meet the description and specifications as provided on the Website.


4. LEASE PRICE

4.1 The Lease Price of the Product is provided on the Website on 'as is' basis as provided by the Lessor and is subject to revision without notice.

4.2 Unless stated otherwise, all prices are inclusive of VAT, service tax and other taxes applicable under law.


5. DELIVERY OF PRODUCTS

5.1 It is the responsibility of the Lessor to package and dispatch the Products to the Lessees. The risk of any damage, loss or destruction to the Products during the course of the delivery or during transit shall be that of the Lessor.

5.2 Unless stated otherwise on the Product webpage, the delivery of the Products shall be done free of cost.

5.3 The Lessor shall make best efforts to dispatch all orders within 2 (Two) to 3 (Three) working days and have the same delivered within 2 (Two) to 4 (Four) working days after the dispatch, contingent upon the location of the delivery. Any delay in dispatch of the Product shall be communicated to the Lessee through sms/e-mail/voice call.

5.4 Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Lessee and the Lessor for lease of Product on or through the Website. However, the Product shall not be delivered to the Lessee unless the Lessee makes the payment of purchase of the Product.

5.5 You shall be bound to accept delivery, or to ensure acceptance of delivery, of the Products upon their delivery to the shipping address. The Lessor, or the logistic service provider engaged by the Lessor will only approach Your shipping address once, for delivery of the Products, and if there is nobody available at the shipping address to take delivery of the Product at the shipping address then, You shall be liable to the Lessor for such non-acceptance of the Products delivered to You. The Lessor may levy and deduct such costs, damages, penalties etc. to compensate for non-acceptance of the Products delivered to You by the Lessor.

5.6 The title in the Products and other rights and interest in the Products shall not pass to the Lessee however possession and right to quiet use of the Product shall directly pass on to the Lessee from Lessor upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Lessee is deemed to have accepted the Products. The risk of loss shall pass on to the Lessee upon delivery of Product.


6. ORDER CANCELLATION


6.1 The Lessee can cancel any order only before dispatch of goods by the Lessor. The Lessee may cancel any order before dispatch, by getting in touch with the Customer Care service team on their Toll free number for Mooving Team at – 74281 91111 or on their e-mail id contact@mooving.com within 48 hours of placing the order. Any payment made by the Lessee for such an order shall be refunded to the Lessee within 7(Seven) to 10 (Ten) working days of receiving the request for cancellation.


7. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU

7.1 Mooving role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable the Lessor to exhibit, advertise, display, make available and offer to lease the products and to enable Lessee to take on lease the products so offered, and other incidental services to facilitate transactions between Lessors and the Lessees.Accordingly, the contract for lease of any of the products shall be a bipartite contract between the Lessor and the Lessee. At no time shall Mooving have any obligations or liabilities in respect of such contract nor shall Mooving hold any title in the products. The possession and right to use and other rights and interest in the products shall directly pass to the Lessee from the Lessor.

7.2 These terms of lease shall not amend or modify any agreements, contracts, terms or policies between the Lessee or Lessor on one hand and Mooving on the other hand.

7.3 Mooving does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by Lessors accessible through the website or any linked sites. Mooving makes no representations or warranties whatsoever about, and shall not be liable for, Lessor or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, and non-infringement of third party intellectual property rights. Any transactions that Lessee may have with such third parties are at Lessee’s own risk. The products shall be subject to Lessor's terms and conditions for 7.3 Mooving does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by Lessors accessible through the website or any linked sites. Mooving makes no representations or warranties whatsoever about, and shall not be liable for, Lessor or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, and non-infringement of third party intellectual property rights. Any transactions that Lessee may have with such third parties are at Lessee’s own risk. The products shall be subject to Lessor's terms and conditions for

7.4 Mooving specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products taken on lease by Lessee from the Lessor and Mooving shall not assume any liability if the product availed by Lessee from the Lessor is not exactly as per specifications detailed in the lease confirmation order.

7.5 Mooving is in no way responsible or liable for the offer for lease or lease of the product by the Lessor to the Lessee, its delivery, the warranty terms (if any) related to the product and the return, refund or cancellation of lease of any products.

7.5 Mooving is in no way responsible or liable for the offer for lease or lease of the product by the Lessor to the Lessee, its delivery, the warranty terms (if any) related to the product and the return, refund or cancellation of lease of any products.

7.6 Mooving does not warrant that the price provided by the Lessor of the product is accurate, proper and valid. Any error in the price shall be solely attributed to the Lessor and not Mooving. prices, product description and availability of the product are Lessor's responsibility.

7.7 Lessee expressly acknowledges that the Lessor leasing out the defective product will be responsible to Lessee for any claims that Lessee may have in relation to such defective product and Mooving shall not in any manner be held liable for the same.

7.8 Mooving shall not assume any liability for the non-availability of the product, delivery of the product directly by the Lessor.

7.9 Mooving will not be responsible for any defects in the products sold by the Lessor using the website. However, Mooving shall facilitate resolution of disputes that may arise between the Lessees and Lessors pursuant to their transactions with each other on the website.


8. MISCELLANEOUS

8.1 Events Beyond Reasonable Control (Force Majeure). The Lessor will not be responsible for any delay or failure to comply with these Terms of Lease or the additional policies if the delay or failure arises from any event which is beyond the Lessor’s reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism, pandemics, epidemics or malicious damage to or destruction of premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.

8.2 Invalidity. In the event that one or more of the terms set out in these Terms of Lease or in the additional policies is held to be invalid by a competent authority, the remaining terms of the Terms of Lease and the additional policies shall continue to have effect and You will still be bound by them.

8.3 Privacy. Personal information, such as Your contact details, that You provide to us during the order process will be kept and used by us in accordance with our Privacy Policy.


8.4 Notices and other communications. You will be required to provide a valid phone number and e-mai at the time of placing Your order with Us. We may communicate with You by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. You hereby consent to receive all notices and communications from Us by the modes mentioned herein. You are required to use only the specific email id / phone number given by You at the time of placement of the order for communications with Us.

8.5 Governing Law. These Terms of Lease shall be governed in accordance with the laws of India. All disputes arising out of these Terms of Sale shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.