1) Scope of Application

1.1 These General Terms and Conditions of the company Simforge Engineering, Plot No-44, GAT No-661, Kolwadi, Pune-412110, INDIA GST NO-27ABVPO9462A1Z6 (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop or an email on sales@simforge.in. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.

2.3 The Seller will accept the Client’s offer only after the Client has paid for the order.

The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.

2.4 In case of an order via the Seller’s online order form, the text of the contract will be stored by the Seller.

2.5 The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process. For any further correction the Client can email us at sales@simforge.in provided that the product hasn’t been shipped by then. No changes will be done after shipping.

2.7 The English language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 A cancelled order will be refunded at the scheduled time of delivery of the following batch

3.3 For return of payment, PayPal charges levied on the payment will not be refunded

3.4 Should the Return of goods be done after the product is delivered, the seller holds    the right to assess the condition of the returned goods before making a decision for refund.

3.5 Should the Return goods be missing, damaged or lost during shipping back, the seller holds no liability to refund.

3.6 Should the Return of goods be done after the product is delivered, the seller holds the right to assess the condition of the returned goods before making a decision for refund. Requests for the refund and return are only accepted withing twenty days upon delivery of the goods.

1. Should the Return goods be missing, damaged or lost during shipping back, the seller holds no liability to refund.
2. The payment returns will be subject to the PayPal terms of use which can be viewed at PayPal’s official website 
3. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 The seller holds no responsibility to pay any additional custom duties, Shipping charges or import taxes.

4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal 

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counter performance.

5.5 The 

6) Reservation of Proprietary Rights

If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

6.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfilment of all claims arising out of the current business relationship.

6.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. The seller will not levy GST or any other taxes for sale outside INDIA.

7) Warranty

Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:

7.1 For traders,

• a marginal defect shall generally not constitute warranty claims defects,
• the Seller may choose the type of subsequent performance,
• for new goods, the limitation period for defects shall be one year from transfer of risk,
• for used goods, rights and claims for defects are generally excluded,
• the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.

7.2 For consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client except for the restrictions in the following section.

7.3 The aforementioned limitations of liability and the restrictions of limitation periods do not apply

• to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness,
• to claims for damages and reimbursement of expenses by the Client.
• If the Seller has fraudulently concealed the defect.

7.4 If the Client is a consumer, the client must check the delivered goods for completeness, quality or other defects immediately upon receipt. Any defects found must be reported to the seller in writing immediately, within 5 working days of receipt. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

For customers outside INDIA, replacement parts for warranty claim against any defects or part failure will be sent at the sellers expense with no additional expense to the customer. No return of parts is necessary unless the seller arranges for a return shipping to examine the said part.

8) Liability

The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

8.1 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Client can regularly rely.

8.2 For the rest, the Seller’s liability is excluded.

8.3 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.

9) Special conditions for repair services

If the seller is responsible for the repair of a customer’s item under the terms of the contract, the following shall apply:

9.1 Repair services shall be provided at the seller’s registered office and at the official distributor in the country in which the product is. The seller has the right to decide if the distributor company or the seller will do the repair service.

9.2 The seller shall render his services at his discretion either in his own person or by qualified personnel selected by him. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller’s service description, the customer has no right to select a specific person to perform the desired service.

9.3 The customer must provide the seller with all information necessary for the repair of the item unless its procurement does fall within the seller’s scope of duties according to the contents of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances which may be the cause of the defect found.

9.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at his own expense and risk. The seller recommends the customer to conclude a transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will immediately inform the customer of obvious transport damage so that the customer can assert any rights he may have against the transport company.

9.5 The return of the goods shall be at the customer’s expense. The risk of accidental loss and accidental deterioration of the item passes to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the customer’s request, the seller will conclude a transport insurance for the goods. Return request are only accepted within 3 days upon delivery. 

9.6 The aforementioned regulations do not limit the statutory rights of the customer in the event of the purchase of goods from the seller.

9.7 The seller shall be liable for defects in the repair service provided in accordance with the provisions regarding statutory liability for defects.

10) Applicable Law

The law of the INDIA shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

12) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the INDIA, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the INDIA, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.

13) The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.