1. Electronic Record and Acceptance of Terms
These Terms and Conditions ("Terms") constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000, the rules framed thereunder and other applicable laws governing electronic records in India. Being an electronic record generated by a computer system, these Terms do not require any physical or digital signature.
These Terms govern the access to and use of shop.slaneyhealthcare.com ("Website"), which is owned and operated by Slaney Healthcare Private Limited ("Slaney Healthcare", "Company", "we", "our" or "us").
By accessing, browsing, registering on, or using the Website, or by placing an order for any product through the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with our Privacy Policy and any other policies or guidelines published on the Website from time to time. If you do not agree to these Terms, you must immediately discontinue use of the Website.
Slaney Healthcare reserves the right to amend, modify or update these Terms at any time without prior notice. Any revised Terms shall become effective immediately upon publication on the Website. Continued use of the Website after such publication shall constitute your acceptance of the revised Terms.
2. Eligibility and User Account
The Website is intended to be used only by persons who are legally competent to enter into binding contracts under applicable law. By using the Website, you represent and warrant that you possess the legal capacity to enter into these Terms and, where you act on behalf of any company, partnership, hospital, clinic or other organisation, that you are duly authorised to bind such entity.
Certain features of the Website may require you to create a user account. You agree to provide complete, accurate and current information during registration and to promptly update such information whenever necessary. Slaney Healthcare reserves the right to verify the information furnished by you and may require additional documentation before activating your account or processing any order.
You shall be solely responsible for maintaining the confidentiality of your login credentials and for all activities undertaken through your account. You shall immediately notify Slaney Healthcare of any unauthorised use of your account or any suspected security breach. Slaney Healthcare shall not be liable for any loss arising from your failure to maintain the security of your account.
Slaney Healthcare reserves the right to suspend, restrict or terminate any account, refuse registration or reject any order where it reasonably believes that the information provided is inaccurate, misleading or incomplete, or where such action is necessary to protect its legitimate business interests or comply with applicable law.
3. Use of the Website
You agree to use the Website only for lawful purposes and strictly in accordance with these Terms. You shall not use the Website in any manner that may disrupt its operation, compromise its security, infringe the rights of Slaney Healthcare or any third party, or violate any applicable law.
Without limiting the foregoing, you shall not copy, reproduce, distribute, modify, reverse engineer, scrape, transmit malicious software, gain unauthorised access to the Website or its systems, place fraudulent or fictitious orders, impersonate any person or entity, or submit false or misleading information. You further undertake to purchase regulated Products only where you possess the licences, registrations or approvals required under applicable law.
Any violation of this Clause may result in immediate suspension or termination of your access to the Website, cancellation of pending orders and initiation of appropriate legal proceedings without prejudice to any other rights available to Slaney Healthcare.
4. Product Information
Slaney Healthcare endeavours to ensure that all Product descriptions, specifications, photographs, catalogues, technical literature and pricing displayed on the Website are accurate as of the date of publication. However, all such information is provided for general informational purposes only and may be modified without prior notice.
Product images are representative in nature and are intended solely for illustration. The actual Product supplied, including its packaging, labelling, colour, dimensions or appearance, may differ from the images displayed on the Website due to manufacturing changes, product improvements or other factors. Such differences shall not constitute a defect or grounds for cancellation, return or refund.
The availability of any Product displayed on the Website is subject to stock availability. Slaney Healthcare reserves the right to discontinue any Product, revise specifications, substitute equivalent Products where appropriate or limit the quantity available for purchase without incurring any liability.
Nothing contained on the Website shall be construed as medical advice or a recommendation regarding the suitability of any Product for any particular patient, procedure or application. Users are responsible for evaluating the suitability of Products for their intended use and for obtaining appropriate professional advice wherever necessary.
5. Orders, Pricing and Payment
The placement of an order through the Website constitutes an offer by the Customer to purchase the selected Products. Submission of an order or receipt of an automated acknowledgement shall not constitute acceptance of the order by Slaney Healthcare. An order shall be deemed accepted only upon dispatch of the Products or issuance of a written confirmation by Slaney Healthcare, whichever occurs earlier.
Slaney Healthcare reserves the absolute right to accept, reject, modify or cancel any order, whether before or after receipt of payment, including where Products are unavailable, pricing errors have occurred, regulatory requirements are not satisfied, fraud is suspected or compliance verification remains incomplete. Where an order is cancelled after payment has been received, Slaney Healthcare shall refund the amount received through the original mode of payment or any other mode determined by it, and such refund shall constitute the Customer's sole remedy.
All prices displayed on the Website are quoted in Indian Rupees unless otherwise specified and are subject to applicable taxes, freight charges and other statutory levies. Slaney Healthcare reserves the right to revise prices at any time before acceptance of an order and to correct any inadvertent pricing or typographical errors without incurring any liability.
Payment shall be made through the payment methods made available on the Website. Slaney Healthcare shall not be obliged to process any order until payment has been successfully received or otherwise approved under separate written commercial arrangements.
6. Shipping and Delivery
Slaney Healthcare shall use commercially reasonable efforts to dispatch the Products within the estimated timelines communicated on the Website or otherwise agreed with the Customer. Any delivery timelines provided are estimates only and shall not constitute a guarantee or a condition of the contract. Delay in dispatch or delivery arising due to circumstances beyond the reasonable control of Slaney Healthcare, including acts of God, governmental actions, transportation delays, customs clearance, strikes, labour disputes, pandemics, shortages of raw materials or any other force majeure event, shall not entitle the Customer to cancel the Order or claim compensation.
Delivery shall be made to the address provided by the Customer at the time of placing the Order. The Customer shall ensure that the delivery address and contact details are complete and accurate. Slaney Healthcare shall not be responsible for any delay, additional costs or non-delivery arising from incorrect or incomplete information furnished by the Customer.
Unless otherwise agreed in writing, the risk of loss or damage to the Products shall pass to the Customer upon delivery of the Products at the specified delivery location. Title to the Products shall pass to the Customer only upon receipt by Slaney Healthcare of full payment of all amounts due in respect of the relevant Order.
7. Inspection, Returns, Replacement and Refunds
The Customer shall inspect the Products immediately upon delivery and shall notify Slaney Healthcare in writing of any shortage, transit damage, incorrect Product or apparent manufacturing defect within Twenty-Four (24) hours of delivery, together with such supporting documents, photographs, videos or other evidence as may reasonably be required by Slaney Healthcare for verification.
Except as expressly provided in this Clause, all sales made through the Website are final. Products shall not be eligible for return, exchange or refund on account of change of mind, incorrect ordering, excess procurement, incompatibility with the Customer's requirements, delay in use, or any other reason not attributable to Slaney Healthcare.
Any request for replacement or refund shall be considered only where Slaney Healthcare, upon verification, determines that the Product delivered was materially different from the Product ordered, was damaged during transit, or suffered from a manufacturing defect existing at the time of delivery. Slaney Healthcare reserves the sole and absolute right to determine the validity of any such claim.
Products shall not be accepted for return where they have been opened, used, installed, altered, improperly handled or stored, or where the original packaging, labels, seals, batch numbers or serial numbers have been removed, damaged or tampered with. Failure to notify Slaney Healthcare within the prescribed period shall be deemed to constitute unconditional acceptance of the Products by the Customer.
Where a claim is accepted, Slaney Healthcare may, at its sole discretion, replace the Product, issue a credit note or process a refund through the original mode of payment. The remedies provided under this Clause shall constitute the Customer's sole and exclusive remedy in respect of any defective, damaged or incorrectly supplied Product.
8. Product Warranty
Unless expressly stated otherwise in writing, Slaney Healthcare does not provide any independent warranty in respect of the Products sold through the Website. Any warranty applicable to a Product shall be limited to the warranty, if any, provided by the respective manufacturer and shall be subject to the manufacturer's terms and conditions.
Slaney Healthcare shall not be liable for any defect, malfunction or deterioration arising from improper handling, misuse, negligence, modification, unauthorised repair, improper installation, failure to follow the manufacturer's instructions or normal wear and tear. Except to the extent prohibited under Applicable Law, all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed.
9. Medical Device Disclaimer and Regulatory Compliance
Certain Products available through the Website may qualify as medical devices, healthcare products or other regulated products under Applicable Law. Such Products are intended to be used strictly in accordance with the applicable instructions for use, product labelling, manufacturer's recommendations and applicable regulatory requirements. Nothing contained on the Website shall be construed as medical advice, clinical guidance, diagnosis or treatment recommendation.
The Customer acknowledges that it is solely responsible for ensuring that the purchase, possession, storage, distribution and use of the Products complies with all Applicable Laws, including the Medical Devices Rules, 2017, the Drugs and Cosmetics Act, 1940, and any other applicable regulatory requirements. Where the purchase of any Product requires the Customer to possess any licence, registration or statutory approval, the Customer represents and warrants that it possesses all such approvals and shall produce documentary evidence thereof whenever requested by Slaney Healthcare.
Slaney Healthcare reserves the right to refuse the sale or delivery of any Product where it reasonably believes that the proposed transaction may violate Applicable Law or applicable regulatory requirements.
10. Intellectual Property
Unless otherwise expressly stated, the Website, including its design, layout, software, source code, databases, text, graphics, logos, trade names, trademarks, product catalogues, photographs, videos, documents and all other content made available through the Website are owned by or licensed to Slaney Healthcare and are protected under applicable intellectual property laws.
Subject to these Terms, Slaney Healthcare grants the User a limited, non-exclusive, non-transferable and revocable licence to access and use the Website solely for legitimate business or personal purposes in connection with purchasing Products or obtaining information regarding the Products. Nothing contained on the Website shall be construed as granting any licence or right in respect of any intellectual property owned by Slaney Healthcare or any third party.
The User shall not copy, reproduce, modify, distribute, publish, transmit, reverse engineer, commercially exploit or otherwise use any content available on the Website without the prior written consent of Slaney Healthcare.
11. Privacy
The collection, use, storage, processing and disclosure of personal information submitted through the Website shall be governed by the Privacy Policy published on the Website, which forms an integral part of these Terms. By accessing or using the Website, the User consents to the collection and processing of personal information in accordance with the Privacy Policy and Applicable Law.
12. Third-Party Links
The Website may contain links to third-party websites, applications or services for the convenience of Users. Such links do not constitute any endorsement, sponsorship or recommendation by Slaney Healthcare of the relevant third party or its products or services.
Slaney Healthcare does not control and shall not be responsible for the availability, content, security, privacy practices or accuracy of any third-party website. Access to and use of any third-party website shall be entirely at the User's own risk and shall be governed by the terms and policies of such third party.
13. Disclaimer of Warranties
The Website and all information, content, Products and services made available through the Website are provided on an "as is" and "as available" basis unless expressly stated otherwise in writing. While Slaney Healthcare endeavours to ensure the accuracy and reliability of the information made available through the Website, it does not warrant that the Website will operate uninterrupted, be error-free, secure or free from viruses or other harmful components.
To the fullest extent permitted under Applicable Law, Slaney Healthcare disclaims all representations and warranties, whether express, implied or statutory, including any implied warranties relating to merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, compatibility or uninterrupted availability of the Website or the Products.
14. Limitation of Liability
To the fullest extent permitted under Applicable Law, Slaney Healthcare, its directors, officers, employees, affiliates, representatives and agents shall not be liable for any indirect, incidental, consequential, exemplary, special or punitive damages, including any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill or loss of data arising out of or in connection with the use of the Website, the purchase or use of any Product or any delay or failure in performance, irrespective of the cause of action and whether arising in contract, tort, negligence, strict liability or otherwise.
Without prejudice to the foregoing, the aggregate liability of Slaney Healthcare arising out of or relating to any claim shall not, under any circumstances, exceed the amount actually paid by the Customer to Slaney Healthcare for the specific Product giving rise to such claim.
15. Indemnity
The User agrees to indemnify, defend and hold harmless Slaney Healthcare, its directors, officers, employees, affiliates and representatives from and against all claims, actions, proceedings, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with the User's breach of these Terms, violation of Applicable Law, infringement of the rights of any third party, misuse of the Website or negligent or wrongful acts or omissions of the User.
16. Suspension and Termination
Slaney Healthcare reserves the right to suspend, restrict or terminate the User's access to the Website or cancel any Order at any time, with or without prior notice, where it reasonably believes that the User has breached these Terms, violated Applicable Law, engaged in fraudulent or unlawful activities, provided false or misleading information or acted in a manner prejudicial to the interests of Slaney Healthcare.
Suspension or termination of access to the Website shall not affect any rights, obligations or liabilities accrued prior to the date of such suspension or termination.
17. Force Majeure
Slaney Healthcare shall not be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, civil unrest, terrorist acts, governmental actions, strikes, lockouts, labour disputes, transportation failures, interruption of utilities, cyber-attacks or failure of communication networks.
The time for performance of the affected obligations shall stand extended for the duration of the Force Majeure event. If such event continues for an unreasonable period, Slaney Healthcare may suspend or cancel the affected Order without incurring any liability.
18. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India.
The Parties shall endeavour to resolve any dispute, controversy or claim arising out of or relating to these Terms through mutual discussions. If the dispute is not resolved within thirty (30) days, it shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Ahmedabad, Gujarat, and the proceedings shall be conducted in the English language.
Subject to the foregoing, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction in respect of all matters arising out of or relating to these Terms.
19. Miscellaneous
Failure by Slaney Healthcare to enforce any provision of these Terms shall not constitute a waiver of such provision or of any other provision. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and other policies expressly incorporated herein, constitute the entire agreement between the User and Slaney Healthcare with respect to the use of the Website and supersede all prior communications, understandings and arrangements relating thereto.
Any rights or remedies available to Slaney Healthcare under these Terms are cumulative and shall be in addition to all rights and remedies available under Applicable Law.
20. Contact Information
Any queries, complaints or communications relating to the Website, these Terms or any Order may be addressed to Slaney Healthcare through the contact details provided on the Website. Slaney Healthcare shall endeavour to respond to legitimate queries within a reasonable period in accordance with its internal policies and Applicable Law.