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Terms of Service

 

§ 1 Basic Provisions
(1) The following Terms of Service are valid for all contracts concluded between GandhiServe India Trust,
Plot No. 349, PCC Chawl, Kherwadi, Bandra (East), Mumbai - 400 051, Maharashtra, India - henceforth
referred to as Vendor - and the Client (Consumer or Trader), who uses the internet site
www.mahatmabook.com or www.gandhibooks.com of the Vendor. Unless otherwise stipulated, the
inclusion of the Client's own conditions is herewith excluded.
(2) Consumer, within the meaning of the following regulations, is every natural person who concludes a
legal transaction with an objective which cannot be attributed to a commercial or freelance activity. A
Trader is every natural or legal entity or a private company, performing commercial or self-employed entity
acting in exercise of concluding business.
(3) The contract language is English. Before submitting the order through the online shopping basket
system, this contract data can be printed or electronically saved by using the print function on the internet
browser. After receiving the order, the ordering data, as required by statute in contracts made off-premises
as well as the Terms of Service will be sent to the Client again by email.
When dealing with requests for quotations made, e.g. by phone, email or in writing to the Vendor, the
Client will be sent by email all contract data as part of a binding offer which can be printed or electronically
saved by the Client.

§ 2 The object of this contract
The object of this contract is the sale of goods. The details, particularly the essential characteristics of the
goods, are found in the item descriptions and the supplementary information on the Vendor’s website.

§ 3 Conclusion of this contract
(1) The product presentation of the Vendor on the internet is not legally binding and does not present the
conclusion of any contract.
(2) The Client can submit a legal binding purchase offer using the online shopping basket system. Upon
doing so, the articles wishing to be purchased are placed into a “shopping basket”. By selecting the
corresponding submenu in the navigation bar, the Client can view the contents of the “shopping basket” at
any time and make any changes. After entering the personal data as well as the payment and shipping
conditions, the ordering data will be shown on the screen. Before submitting the order, the Client has the
possibility here to check and change all entered information, also by using the “Back” button on the
internet browser. Once the Client clicks on the button “Confirm Purchase”, the order becomes legally
binding between the Client and the Vendor. The Client receives an automatic email confirming that the
order has been received, which does not yet lead to the contract being concluded.
(3) When the offer has been accepted (and thus also the contract has been concluded), it is confirmed
either in writing (e.g. by email), in which the Client is informed that the order is being processed or
delivered, or when the goods are sent out by the Vendor. If the Client does not receive a confirmation of
order or the articles within five days, the order is no longer binding. In these cases, any already rendered
services are to be reimbursed immediately.
(4) Any requests made by the Client about purchasing articles or asking for individual price offers instituted
by telephone, email or in writing to the Vendor, but not within the online shopping basket system are nonbinding
for the Client. The Vendor will then make the Client a written offer (e.g. per email) which is then
legally binding and may be accepted by the Client within five days.
(5) The processing of the order and the forwarding of all necessary information for the conclusion of this
contract are sent partly automatically per email. The Client is therefore responsible for providing the
Vendor the correct email and shipping address and also for ensuring that any incoming emails from the
Vendor can be technically delivered and are not blocked by the Client’s spam filter.

§ 4 Prices, Shipping Costs
(1) All listed prices to each offered article, as well as the shipping costs, show the final prices. They are
comprised of all price components, including all applicable taxes.
(2) The applicable shipping costs are not shown in the purchasing price. They can be viewed on the page
“Payment and Shipping” and are shown separately during the ordering process and are to be paid by the
Client.
(3) The Client receives a full VAT invoice.

§ 5 Payment, Delivery and Shipping Conditions
(1) The conditions for payment, delivering and shipping can be found under the link “Delivery and Shipping” in the footer.
(2) As long as not otherwise stipulated in the payment methods, any payment due as the result of the
concluded contract is payable immediately.
(3) Should a Client order an article that against all expectations and in spite of an adequate covering
transaction is not available, due to reasons for which the Vendor is not responsible, the Client will
immediately be informed of the product’s non-availability. If the Client then withdraws from the contract,
all payments already made will be reimbursed without delay.
(4) It is legally defined for Consumers that the risk of accidental loss and of accidental deterioration of the
ordered item during shipment first becomes the responsibility of the Client upon receipt, regardless if the
shipment is sent insured or uninsured.
(5) If the Client is a Trader, the shipment occurs at his own risk.

§ 6 Right of Withdrawal
Within fourteen days Client has the right to cancel this contract without giving any reason. The withdrawal
period is fourteen days from the date on which Client or a third party named by Client, which is not the
carrier, have taken physical possession of the goods.
To exercise his right of withdrawel, Client must notify
GandhiServe India Trust
Plot No. 349, PCC Chawl
Kherwadi, Bandra (East)
Mumbai - 400 051
Maharashtra
India
Phone: +91 (0)22 65650326
Mobile:+91 (0)9920394389
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
by a clear statement (e.g. a consigned by post mail, fax, email or telephone), informing Vendor of his
decision to withdraw from this contract.
In order to observe the revocation period it is sufficient that Client sends the message about the execution
of withdrawal before the withdrawal deadline.
Effects of withdrawal
If Client withdraws from this contract, Vendor has to give Client all the payments that he has received from
him, including delivery costs (with the exception of the additional costs arising from the fact that Client has
chosen a type of delivery other than that offered by Vendor), and must be repaid immediately at the latest
within fourteen days from the date on which the notice is received through Client’s cancellation of this
contract with Vendor. For this repayment, the same method of payment is used that Client used for the
initial transaction, unless Vendor explicitly agrees otherwise; in any case Client will not be charged fees for
this repayment.
Vendor may withhold the reimbursement until he has received the goods back.
Client has to return the goods promptly personally or by mail and in any event not later than fourteen days
from the date on which he notified Vendor of the cancellation of this contract. The deadline is met if Client
sends back the goods before the period of fourteen days.
Client bears the direct cost of returning the goods.
Exclusion of right of withdrawal
The right does not apply to contracts for the delivery of goods in a sealed package, if the seal was removed
after delivery.

§ 7 Reservation of Proprietary Rights, Right of Retention
(1) The Client can only claim a right of retention if it concerns a claim made from the same contract.
(2) Until fully paid for, the goods remain the property of the Vendor.
(3) If the Client is a Trader, the following shall additionally apply:
a) Until all claims in the current contractual relationship have been fully settled, the goods remain the
property of the Vendor. It is not allowed to pledge goods or to transfer security before transfer of
ownership.
b) The Client can re-sell the products in normal business operations. In this case he assigns the money
made from resale to the amount on the contract to the Vendor. The Client is authorized to collect the
receivables. As long as s/he does not satisfy the payment obligations, the Vendor is entitled to collect any
outstanding debts.

§ 8 Warranty
(1) Legal requirements apply.
(2) As a consumer, the Client is required to check the goods directly upon delivery for completion, any
obvious faults or transport damage and to inform the Vendor or the deliverers as quickly as possible.
Should the Client neglect to do this, it has no bearing on the legal warranty claims.
(3) If the Client is a Trader, the following applies instead of para (1).
a) Only the product description made by the Vendor shall determine the product’s characteristics, not any
other advertising material, public appraisals or comments from the manufacturer.
b) The Client is obligated to examine the goods immediately to check for deviations from quality and
quantity and to notify the Vendor in writing of any obvious defects within seven days of receiving the order,
although a timely mailing of the notice is sufficient for keeping the deadline. This also applies to any defects
discovered later. In the event that the Client neglects his/her obligation to inspect and provide notification
of any defects, claims against warranty will be excluded.
c) The Vendor, responsible for fulfilling the warranty, shall choose if defected goods are to be repaired or
replaced. Should the defect rectification fail twice, then the Client can choose to demand a price reduction
or to withdraw from the contract. If the defects are repaired, the Vendor is not obligated to bear the
increased costs incurred by the transport of the goods to a location other than the place of fulfilment, if the
transport does not correspond to the intended use of the goods.
d) The warranty period lasts for one year following the delivery.

§ 9 Liability
(1) The Vendor is liable to a limited extent for damages to life, body or health, in all cases of willful breach
or gross negligence, fraudulently concealing defects, due to the acceptance of a guarantee of quality of the
purchased good, for damage according to the Indian Product Liability Act and in all order legally regulated
cases.
(2) As long as essential contract duties are affected, the Vendor is liable in cases of minor negligence for
typical contractual, predictable damage. Essential contract duties are those which arise from the contract’s
nature and could endanger the contract’s fulfilment and which the Client can normally trust.
(3) Liability is excluded in cases where there is a slightly negligent infringement of inconsequential
contractual obligations.
(4) Due to the current level of technology, the correspondence of data over the internet cannot be
guaranteed to be error-free and/or available at all times. The Vendor is therefore liable for neither the
permanent nor the uninterrupted availability of the website and the service offered therein.

§ 10 Choice of Law, Place of Fulfilment, Jurisdiction
(1) Indian Law shall apply. This choice of law applies to consumers only to the extent that any granted
mandatory protection in the country in which the consumer resides has not been withdrawn (Favourability
Principle).
(2) Place of Fulfilment for all services provided by the Vendor in the existing commercial relationship, as
well as the area of jurisdiction, is the Vendor’s place of registered office, as long as the Client is a consumer
and not a Trader, a legal entity under public law or a special fund under public law.
The same applies in cases where the Client does not have a general area of jurisdiction in India, or in cases
where the Client’s place of residence is unknown at the time of the institution of proceedings. The capacity
to appeal to another court of jurisdiction remains thereby unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here
and are expressly excluded.

With effect from 15 September 2016.