Terms & Conditions
The General Terms and Conditions for Wholesale , international transactions or distribution.
The General Terms and Conditions of Sales for ORNAETE state that all orders, deliveries, and work related to clothing and services are subject to these terms and conditions.
These terms apply to all future business relationships, even if not expressly agreed upon. Any general terms and conditions of the purchaser or any other agreements shall be excluded, or only be valid if agreed upon in written form by ORNAETE. This means that any terms and conditions provided by the purchaser will not apply unless they are agreed upon in writing by ORNAETE.
On placing an Order Via wholesale or an agent or individual Customer or any buyer as applicable :-
It is important for customers, agents or distributors to review and understand these terms and conditions before engaging in any business with ORNAETE. If there are any questions or concerns regarding these terms, customers should contact ORNAETE for clarification.
Order placed by customers, whether directly or via any agency or distribution involved in any country – if customer places an order for goods from ORNAETE, the order is considered binding unless otherwise stated in writing by ORNAETE within 15 days of the order placed.
We may take up to 1-3 months of production on time & delivery of the order placed for wholesale delivery as we work with slow production units we prepare order & procurements of handloom & imported fabrics as soon as an order is placed so an early information must be provided in case there is any cancellation or modification is to be done.
If the customer wishes to change or cancel the order, they must submit a written appeal to ORNAETE before the order within 15 days or delivery or order placed. ORNAETE will only consider the appeal if it is submitted in writing and approved by ORNAETE. This means that any changes or cancellations to the order must be approved by ORNAETE before they can take effect. It is important for customers to be aware of the order deadline and to communicate any changes or cancellations in a timely manner to ORNAETE.
Cancellations made after the approved date or without written approval from ORNAETE may result in the customer being charged for any costs or damages associated with the cancellation.
E.O.R.I. Number for European Union
Customers placing orders from Europe are required to provide their E.O.R.I. number first or apply for it and a complete detailed address on the order sheet. This information may be used by ORNAETE to ensure that the order is properly processed and delivered to the correct location or the importer will not be able to get the delivery on time.
ORNAETE reserves the right to adjust the order based on availability, but only after obtaining prior approval from the customer in writing. ORNAETE also states that it shall not be liable for any adjustments made. Additionally, the order sheet must be signed and returned by the agreed-upon date. Once the order sheet is signed, the order may only be cancelled within fourteen (14) days or before dispatch, whichever is earlier.
Once an order sheet is issued, it is considered binding and valid, even if it is not signed by the customer, sent via email or any agent or directly or website.
If the cancellation is made after the approved date, the customer may be charged for any extra costs or damages associated with the cancellation or changes in the order- with or without written approval from ORNAETE.
If an order is cancelled after 14 days have passed, the customer will be required to pay 30% of the total amount. Additionally 30% of the order payment will be invoiced and must be paid within 7 days after order confirmation. The remaining 70% will be invoiced before delivery and must be paid no later than 14 days after the invoice date.
Customer is responsible for paying the cost of shipment as well as any other arising costs in connection with the shipment, such as duty and import VAT, unless agreed on certain terms approved by Ornaete ( price including the duties & taxes).
Payment
The customer shall submit payment in accordance with the terms of the invoice issued by ORNAETE or its Website.
Unless otherwise stated, the customer shall submit payment of 30% of the order value within seven (7) days from the date of order confirmation, and the remaining 70% within fourteen (14) days from the date of invoice. no later than thirty (30) days following the date of issue of the invoice. ORNAETE reserves the right to charge interest to the customer for late payment @ 18%. The order is binding and the customer cannot decline payment. All bank charges will be paid by customers, outside India and other country.
On any amounts outstanding after the due date at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
Additionally, if the customer fails to make payment on time, ORNAETE reserves the right to suspend or cancel any further deliveries or services until payment is received in full. ORNAETE also reserves the right to recover any costs or expenses incurred in relation to the collection of overdue payments, including but not limited to legal fees and court costs.
It is important for the customer to ensure that payment is made in accordance with the terms set out in the invoice to avoid any delays or additional costs. If the customer has any queries or concerns regarding payment, they should contact ORNAETE to discuss the matter and seek a resolution.
According to the terms provided, ORNAETE will deliver the goods in packaging selected by the company, unless the purchaser has made separate arrangements in this regard. The cost of freight will be billed separately.
Packaging & Delivery
If the purchaser requests specific packaging, they will be charged only for the specific packaging used. ORNAETE reserves the right to make partial deliveries at any time.
If the delivery is delayed due to reasons beyond ORNAETE’s control, such as a delay in customs clearance or transportation, the risk shall transfer to the purchaser or delay in recieving the goods from customs – This means that the purchaser will bear the risk of any loss or damage to the goods during the delay period.
It is important for the purchaser to ensure that they have provided accurate delivery details to ORNAETE and to make arrangements to receive the goods promptly to avoid any delays or additional costs. If the purchaser has any queries or concerns regarding delivery, they should contact ORNAETE to discuss the matter and seek a resolution.
Complains , Returns & Liabilities
According to the terms provided, the customer must inspect the goods upon delivery and notify ORNAETE in writing of any faults, damages, or deficiencies within seven to 10 working days from the delivery date. Failure to do so will result in the customer losing its right to claim compensation or other remedies for such issues.
If the customer wishes to return goods, they must notify ORNAETE in advance and obtain approval from ORNAETE or any related agent or distributor . This means that the customer cannot return goods without prior approval, and any returns made without approval may not be accepted by ORNAETE.
It is important for the customer to inspect the goods upon delivery and notify ORNAETE of any issues promptly to ensure that any necessary actions can be taken in a timely manner. If the customer has any concerns or complaints regarding the goods, they should contact ORNAETE to discuss the matter and seek a resolution.
ORNAETE will be liable for any defects or deficiencies in the goods under the terms of the applicable laws and regulations. However, ORNAETE’s liability will be limited to the purchase price of the goods and will not include any indirect or consequential damages.
According to the terms provided, ORNAETE reserves the right to inspect the goods that are allegedly faulty or damaged. This means that ORNAETE may require the customer to provide evidence of the issue, such as photographs or samples, and may need to inspect the goods directly.
The customer will carry the risk for the return of the goods to ORNAETE, meaning that any loss or damage that occurs during the return process will be the customer’s responsibility. Any returns that are made without prior approval from ORNAETE will be charged to the customer.
Liability for defects or damages is excluded if they are caused by incorrect handling, changes made to the goods, or attempted repairs. This means that if the customer has caused the issue through their own actions or modifications, ORNAETE will not be liable for any related damages or deficiencies.
Limited or usually or technically unavoidable deviations in quality, color, size, weight, equipment, and/or design do not justify a complaint. This means that if the issue is within the acceptable range of variation for the product, the customer will not be able to seek compensation or other remedies.
It is important for the customer to follow the instructions provided by ORNAETE regarding any issues with the goods and to provide any necessary evidence or information promptly to avoid any delays or additional costs. If the customer has any queries or concerns regarding liability or returns, they should contact ORNAETE to discuss the matter and seek a resolution
If a customer raises a justified complaint, ORNAETE has two options: to repair the defective goods or to provide replacements for free. However, it is important to note that this duty of replacement does not cover the reimbursement of any costs that the customer may have incurred directly or indirectly. Additionally, ORNAETE will not acknowledge any return processing costs.
It is also stated that the responsibility of returning the goods to India will fall on the purchaser, and they will have to bear the cost of the return themselves.
Based on the provided text, it appears to be a statement regarding the policy of ORNAETE regarding the time period for repairs and/or replacements, as well as the consequences of not objecting to the rejection of a complaint.
After a customer raises a justified complaint, ORNAETE must be granted a reasonable period of time to repair or replace the defective goods. It is not specified what this reasonable period of time is, but it should be a period that is considered reasonable by both the company and the customer.
If ORNAETE rejects the complaint in writing and the customer does not object to the rejection within one (1) month, the complaint will lapse. In this case, ORNAETE reserves the right to inform the customer of the consequences of their silence. It is not clear what these consequences are, but it is likely that they will be specified in the terms and conditions or contract that the customer has agreed to the delivery of the goods will not release the customer from their payment obligations. This means that the customer must still pay for the goods, even if they have a complaint about the delivery.
Ownership of Goods and Retention
Until customer has submitted full payment for a shipment, ORNAETE remains the legal owner of all goods regardless of whether the goods have been delivered to, are under transportation to or have been partly pre-paid by the customer. ORNAETE may, in case of non-payment, without further notice or legal actions, retrieve the goods from the customer. The same shall apply if ORNAETE, even before payment is due, should have reasons to believe that the customer is or will in a near future become insolvent or by other reasons is likely to not submit full payment. The goods delivered by ORNAETE shall remain the property of ORNAETE until complete fulfilment of all claims to which ORNAETE is entitled for whatever legal reason against the purchaser now and in the future. If goods are on consignment, the due date must be discussed.
Applicable Law
For all legal relationships between ORNAETE and the customer Indian Law shall apply and the place of jurisdiction is Kolkata, India.
Dispute Resolution
Any disputes arising out of the agreement or related to the payment of the amount shall be decided through arbitration. The arbitration process will be conducted by a Sole Arbitrator appointed by the parties on mutual consent. The location of arbitration will be Kolkata and the arbitration process will be governed by the Arbitration and Conciliation Act 1996.
The language of arbitration will be English. This means that all the proceedings related to the arbitration, including the submission of documents, hearing, and award, will be conducted in the English language.
The legal law for international buyers who do not pay for the delivery of garments as per the actual invoice provided by the company depends on the terms and conditions of the agreement between the buyer and the seller. Typically, the agreement would specify the terms of payment, including the amount and the deadline for payment.
If the buyer fails to pay as per the terms of the agreement, the seller can pursue legal action to recover the unpaid amount. The legal options available to the seller will depend on various factors, including the jurisdiction where the agreement was signed, the governing law of the agreement, and the terms of the agreement.
Ornaete can initiate legal proceedings to recover the unpaid amount through various means, such as filing a lawsuit or initiating arbitration proceedings, depending on the dispute resolution . Ornaete also be entitled to seek damages or compensation for any losses incurred as a result of the buyer’s non-payment.
It is important for both the buyer or Concerned Agents to carefully review and understand the terms and conditions of the agreement before entering into a contract to avoid any disputes related to payment or delivery of goods.
All the payment must be on time.