In these conditions, unless the context requires otherwise:
1.1. Saikatham Books website means www.saikathambooks.com and any other website established by Saikatham Books.
1.2. Saikatham Books means Saikatham Books LLP, Publishers and distributors, whose registered office is XXV/1230, Chanthiyathu Building, P.B. No. 57, Kothamangalam P.O., Kothamangalam, Ernakulam Dist., Kerala State, India. PIN 686691 (LLPIN/CIN: AAI-5162)
Application of these conditions of use
by accessing or using any part of Saikatham Books website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use Saikatham Books website.
We may change these conditions at any time without any notice to you. By your continued access and use of Saikatham Books website you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
Copyright and database right
Except where otherwise noted, Saikatham Books owns legally and beneficially all the intellectual property rights in the content of all Saikatham Books website pages (including the design, text, graphics and arrangements thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as Saikatham Books website Search results which are extracted from a compilation owned by Saikatham Books.
Trademarks and intellectual property
Saikatham Books website and all other trademarks and intellectual property cited anywhere on Saikatham Books website are the property of their respective owners. Intellectual property includes the trademarks, patents, designs, copyrights logos, whether registered or unregistered registered or unregistered designs utility models copyrights including design copyrights applications for any of the foregoing and the right to apply for them in any part of the world discoveries creations inventions or improvements upon or additions to an invention confidential information know-how and any research effort relating to any of the above-mentioned business names whether registerable or not moral rights and any similar rights in this country or any other country logos promotional material and website addresses belonging to their respective owners
Save as provided below, no materials from Saikatham Books website may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Saikatham Books takes active measures to ensure that no unauthorized use or breach of its intellectual property rights is committed.
Subject to applicable third-party content providers' licenses, you are allowed to access Saikatham Books website database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from: modifying the data or other material from Saikatham Books website ("the Data") or merging the Data with any other data;
selling or trading in materials copied from the Data;
using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this section 4
providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
using the Data;
For any unlawful purpose or purpose that is likely to bring any part of Saikatham Books into disrepute or to cause any part of Saikatham Books embarrassment.
To send any message or communication this is offensive, abusive, indecent, obscene or menacing.
In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
Except as expressly provided, nothing contained in these conditions or anywhere on Saikatham Books website shall be construed as conferring any license under any of Saikatham Books or any third party's intellectual property rights.
Disclaimer of representations and warranties
Saikatham Books website is provided by Saikatham Books on an "as is" and "as and when available" basis to users. You use Saikatham Books website at your own risk.
Saikatham Books and its associated content provider organizations make considerable efforts to make information made available via Saikatham Books website as accurate as possible but no warranty or fitness is implied.
Neither Saikatham Books nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
that Saikatham Books website will be uninterrupted or error-free;
that Saikatham Books website or the computer server from which Saikatham Books website is made available, are free of viruses or other harmful components;
to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through Saikatham Books website
Saikatham Books makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
Saikatham Books website, its content, merchandise, services, documents, information, items or materials provided by Saikatham Books in connection with the use of Saikatham Books website; or
any goods or services or information received through or advertised on Saikatham Books website or received through links provided on Saikatham Books website;
Including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by Saikatham Books or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
Advice not provided
Saikatham Books website is a site intended to give members of the public access to information on Saikatham Books website. Saikatham Books is not an agent for and does not vouch for, recommend or guarantee those persons, companies and other organizations whose goods or services may be displayed or referred to in Saikatham Books website, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organizations or members.
Saikatham Books advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organizations whose goods or services may be displayed or referred to in Saikatham Books website.
Saikatham Books website may make available certain information provided by third parties. Saikatham Books recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting, financial services or advice or any other profession, you seek advice from a qualified professional.
Limitation of liability
Certain information may be published on this website by Saikatham Books but please note that by doing so Saikatham Books is not guaranteeing or holding out that such information is accurate, authentic, up-to-date or correct. Please also note that Saikatham Books does not offer this information as advice within the meaning of the Financial Services Act (User to refer the latest published act, bills, orders or any such information’s published by government or non-government authorities) and that in any event Saikatham Books is not authorized by the Financial Services Authority to give such advice. You should in all circumstances consult your own authorized independent financial adviser for advice concerning such matters and Saikatham Books accepts no responsibility whatever for reliance on any such information it provides.
Under no circumstances will Saikatham Books or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of Saikatham Books website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
the use and reliance on Saikatham Books website; or
the inability to use Saikatham Books website; or
mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to Saikatham Books website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to Saikatham Books records, programs or services; or
merchandise, products or services received through or advertised on Saikatham Books website and merchandise, products or services received through or advertised on any links provided on Saikatham Books website; or
information or advice received through or advertised on Saikatham Books website and information or advice received through or advertised on any links provided on Saikatham Books website; or
any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using Saikatham Books website.
Saikatham Books is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Saikatham Books is done at your own risk and Saikatham Books shall not be responsible or liable for any damages or loss of whatever kind that may result from transmitting such information. However this clause does not apply to any personal injury or death which results from the same and Saikatham Books does not seek to limit its liability in relation thereto.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Saikatham Books with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of India. Saikatham Books controls Saikatham Books website from within the country of India. It can, however, be accessed from other places around the world. Although these places may have different laws from those of India, by accessing Saikatham Books website you agree that the laws of India, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Saikatham Books website. You and Saikatham Books also agree to submit to the non-exclusive jurisdiction of the Indian courts, with respect to such matters. Users of Saikatham Books website accessing it from places outside of India acknowledge that they do so voluntarily and are responsible for complying with local laws.
Terms and Conditions of Use
TERMS & CONDITIONS OF SALE OF GOODS
1) In these conditions, unless the context requires otherwise:
a) Buyer means the person who buys or agrees to buy the goods from the Seller;
b) Conditions means the terms and conditions of sale set out in this document and any special terms and conditions or other agreement agreed in writing by the Seller;
c) Delivery Date means the date specified by the Seller when the goods are to be delivered;
d) Delivery address means the address given to deliver the items. If none is specified it will be deemed to be your postal/billing address.
e) Goods means the articles which the Buyer agrees to buy from the Seller;
f) Price means the price for the Goods excluding carriage, packing, insurance and VAT; and
g) Seller means The Saikatham Books whose registered office is at College Junction, Kothamangalam P.O., Ernakulam Dist., Kothamangalam, Kerala, India. PIN 686691
2) Conditions applicable
a) These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
b) All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
c) Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
d) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Parties.
3) Price and payment
a) The Price shall be the Sellers quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.
b) Payment of the Price shall be due with order unless otherwise specified in writing. The Seller shall not be obliged to sell or dispatch any Goods to the Buyer in the absence of payment
c) The Seller shall be entitled to suspend subscription pending payment or clearance of payment.
d) The Seller shall be entitled to a general lien on all goods of the Buyer in the Sellers possession (including goods of the Buyer which have been paid for) for the unpaid price of all goods sold to the Buyer by the Seller under this or any other contract.
4) The Goods
a) The quantity and description of the Goods shall be as set out in the Sellers quotation or Website.
b) All goods may not be resold by the Buyer and in no case may any trade mark other than those applied by the Seller be marked on or applied in relation to the Goods.
c) No right or license is granted under this contract of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or resell the Goods.
d) The Seller reserves the right to vary at its absolute discretion, the materials to be used in the manufacture of the Goods the subject of the Order and replace them with other materials of at least equal quality.
5) Warranties and liability
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer(As defined in the consumer laws of India) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
6) Delivery of the Goods
Delivery of the Goods shall be made to the Delivery address. Buyer is responsible to provide the correct address while ordering goods. Saikatham Books are not responsible for any loss due to improper address or the addressee is not available to receive the goods. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
7) Acceptance of the Goods
a) The Buyer shall be deemed to have accepted the Goods 10 days after delivery to the Buyer.
b) After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract unless such return is agreed with the Seller in accordance with any returns policy it may have in force from time to time
8) Title and risk
a) Title shall pass on delivery of the Goods unless the Buyer has not paid for them. In that event title shall remain with the Seller until the Seller receives payment in full, including any interest which may be payable to the Seller.
b) Risk shall pass on delivery of the Goods.
9) Remedies of Buyer
a) Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale - Shipping Policy
b) Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
c) The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
d) The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have or for any reason whatever.
10) Rights of Third Parties
The provisions of the Contracts shall not apply to this contract and a person who is not a party to this contract shall have no right to enforce any term of the contract.
All headings are for ease of reference only and shall not affect the construction of this contract.
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
The Seller may license or sub-contract all or any part of its rights and obligations under this contract without the Buyers consent.
e) The Seller may cancel this contract at any time before the Goods are dispatched by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation
12) Force Majeure
a) Save for the Buyers obligation of payment under clause 3 neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (Force Majeure Event).
b) Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.
13) Proper law of contract
Indian law shall apply to any contract within which these terms and conditions are incorporated and the parties agree to submit to the exclusive jurisdiction of the Indian courts.
SHIPPING/COURIER COSTS & POLICIES
Please read these policies in conjunction with our Terms and Conditions Sale of Goods
We are not obliged to ship any goods until all our charges for the goods and shipping is paid.
Please allow up to 21 days for dispatch of your goods from the date we send you acceptance of the order, clearance of funds, checking of personal details and any other verification procedures we consider appropriate.
All orders are subject to availability of stock. If the item is no longer in stock we will refund your payment.
We reserve the right to insist that the goods are delivered to address shown as your delivery address in the order or such other information given to us or obtained by us.
If we are unable to obtain acceptance of the goods or for some other reason we are unable to deliver the goods we reserve the right to suspend delivery until payment of any surcharge which the carrier may require has been made
Shipping costs are based on the charges made by our carriers like Courier companies and India Post.
Once you have ordered online from us you will receive an email confirming that we have received your order. If we accept your order we will send you another e-mail confirming this, giving you an order.
Returns/Replacements/Refunds Policy (Books)
If you cancel your contract in accordance with our Terms and Conditions Sale of Goods:
8.1. The goods must be returned in the same condition in which we sent them. We reserve the right to refuse to accept worn or damaged goods or make a refund for them.
8.2. We will replace any item free of charge that has been received by the Buyer in a damaged or faulty condition.
8.3. The Seller will only take responsibility for return postage if the good/goods are at fault.
8.4. A refund where book is part of a special offer will be adjusted to include payment for free item unless the Buyer chooses an alternative.
8.5. We are not responsible for any costs incurred by you in returning the goods to us and you will be responsible for all customs duties and other taxes which may be payable or refundable.
8.6. We will issue a credit through your credit card company for our charges in respect of the goods but not in respect of the delivery charges.
For details of the actual cost of shipping please see the price shown for your shopping basket when full. Please note that you will be able to remove items from the basket or cancel it entirely before you commit yourself to paying.
We should like to remind you that risk passes to you when our courier collects your goods from us for delivery.
In addition to our charges for the goods and delivery customs duties and other taxes may be payable. The carrier will collect these taxes from you at delivery. You are responsible for paying all such taxes and duty in any event and you agree to indemnify us in respect of all such liability.