1. Acceptance
These Terms and Conditions ("Terms") govern access to and use of the website jd-enterprise.com, its sub-domains and pages (the "Website"), operated by the business carried on under the name and style of M/S Jai Durga Enterprises, SCF 453, New Motor Market, Manimajra, Chandigarh 160101, GSTIN 04AGOPA6394H1ZA (the "Firm", "we", "us"). By accessing or using the Website, or by making any enquiry through it, the user ("User", "you") agrees to be bound by these Terms. If you do not agree, please do not use the Website.
2. Nature of the Website
The Website is an informational catalogue only. Product listings, prices and availability shown on the Website are an invitation to make an enquiry and do not constitute an offer capable of acceptance within the meaning of the Indian Contract Act, 1872. No contract for the sale of any product arises unless and until the Firm expressly accepts an order by issuing a tax invoice or a written confirmation. The Firm may decline any enquiry or order, in whole or in part, at its discretion and without assigning reasons.
3. Information disclaimer
All information on the Website, including descriptions, specifications, part numbers, cross-references, compatibility and fitment indications, images, prices and availability (the "Information"), has been compiled in good faith from various sources, which may include manufacturers' literature, trade and industry sources, third-party and publicly available sources including the internet, and the Firm's own records. The Firm has not independently verified, and makes no representation, warranty or undertaking, express or implied, as to the accuracy, completeness, currency, reliability or suitability of the Information, which may contain errors, omissions or inaccuracies. The Information is provided strictly on an "as is" and "as available" basis, for general reference only, and does not constitute technical, engineering or professional advice, or any representation, warranty or condition of sale. Nothing on the Website is a statement of fact on which a User is entitled to rely. Users must independently verify all Information with the Firm before acting on it, and do so at their own risk.
4. Prices, taxes and availability
Prices shown are indicative, may change without notice, and are exclusive of GST, freight and other charges unless expressly stated. The price, quantity and terms binding on the Firm are only those stated in its tax invoice or written quotation. Where a price or description is affected by an obvious or clerical error, the Firm may correct it and, if the User does not accept the corrected terms, cancel the transaction and refund any amount received for it.
5. Images and descriptions
Images are illustrative only. Actual products may differ in colour, finish, packaging, markings or appearance without affecting their function. Words such as "for", "fits" or "compatible with" indicate intended application only and are subject to confirmation under clause 6.
6. Fitment and User responsibility
The User is responsible for providing accurate machine make, model, serial number, part number and, where requested, photographs or a sample of the old part. Any fitment assistance given by the Firm is advisory, is based on the information supplied by the User, and does not shift responsibility for selection to the Firm. Products should be installed by a qualified mechanic. The Firm is not responsible for consequences of incorrect information supplied by the User, incorrect selection, improper installation, misuse, or normal wear and tear.
7. Warranty, returns and replacement
The Website itself carries no warranty. Any warranty, return or replacement applies only to the extent expressly stated in the Firm's invoice or written confirmation, or as provided by the manufacturer under its own terms. Where a manufacturer's warranty applies, the Firm's role is limited to reasonable assistance in lodging the claim. Users are requested to inspect products at the time of delivery or collection and notify the Firm promptly of any shortage or visible damage so that it can be investigated.
8. Third-party services
The Website links to services operated by third parties, including WhatsApp, telephone services and Google Maps. Their use is governed by those parties' own terms and policies, and the Firm is not responsible for their content, availability or practices.
9. Intellectual property
The Website's design, text, layout, graphics, photographs taken by the Firm and compilation of content are owned by or licensed to the Firm. They may not be copied, reproduced, scraped, republished or used commercially without the Firm's prior written consent. Third-party trademarks are addressed in the Disclaimer.
10. Acceptable use
Users shall not use the Website for any unlawful purpose; attempt to gain unauthorised access to, probe, scan or disrupt the Website or its systems; use automated tools to extract content; or submit false, misleading or fraudulent enquiries. The Firm may restrict or block access to any User or source at its discretion.
11. Limitation of liability
To the maximum extent permitted by applicable law: (a) the Firm shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, including loss of profit, revenue, business, contracts, goodwill, data, machine downtime or idle time, howsoever arising, even if advised of its possibility; and (b) the Firm's total aggregate liability arising out of or in connection with the Website or any product shall not exceed the price actually paid to the Firm for the specific product giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
12. Indemnity
The User shall indemnify and hold harmless the Firm, its proprietor, employees and agents from and against all claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of the User's breach of these Terms, misuse of the Website, or inaccurate information supplied by the User.
13. Electronic records
The User agrees that communications by WhatsApp, SMS, e-mail or through the Website constitute communications in writing, and that the Firm's electronic records, including messages, quotations, invoices and system records, may be relied upon as evidence of the communications and transactions they record, in accordance with the Information Technology Act, 2000 and the Bharatiya Sakshya Adhiniyam, 2023.
14. Force majeure
The Firm shall not be liable for any delay or failure caused by events beyond its reasonable control, including acts of God, flood, fire, epidemic, strike, transport disruption, supplier failure, government action, or failure of internet or hosting services.
15. Changes
The Firm may amend these Terms, the Website or any Information at any time without prior notice. Amended Terms take effect when posted. Continued use of the Website constitutes acceptance of the amended Terms.
16. Severability
If any provision of these Terms is held invalid, illegal or unenforceable by a court or authority of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, or replaced with a valid provision closest to its intent, and the remaining provisions shall continue in full force and effect.
17. Waiver and assignment
No failure or delay by the Firm in exercising any right is a waiver of it. The Firm may assign its rights and obligations under these Terms. The User may not.
18. Governing law and jurisdiction
These Terms are governed by the laws of India. Before starting any proceedings, the parties shall attempt in good faith to resolve any dispute amicably within 30 days of written notice. Subject to this, the courts at Chandigarh shall have exclusive jurisdiction. This is without prejudice to any right a User may have as a consumer under the Consumer Protection Act, 2019 that cannot be excluded by agreement.
19. Contact
M/S Jai Durga Enterprises, SCF 453, New Motor Market, Manimajra, Chandigarh 160101. Phone / WhatsApp: 9417392417.