This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.Astha International.com (hereinafter referred to as "Website") is owned by Youngknight Exp. Pvt. Ltd a company incorporated under the Companies Act, 1956 with its registered office at Unit 44 Adarsh Industrial Estate,Sahar Road,Andheri(E),Mumbai - 400099, India (hereinafter referred to as "Astha International").
By booking any shipment through different modes of transport as offered by the company from time to time the customer agrees to the terms & conditions as explained and also agrees to the company policy as it changes from time to time.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS :
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- 1)The customer agrees to pay all invoices on or before due date as applicable.
- 2)The company reserves the right to charge interest @ 24% per annum past the due date or as applicable from time to time.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- 1)Lack of authorization for any transaction/s, or
- 2)Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- 3)Any payment issues arising out of the transaction, or
- 4)Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Astha International liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Astha International's Website.
3. You understand, accept and agree that the payment facility provided by Astha International is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Astha International Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Astha International is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Subject to change:
1.DEFINITIONS AND INTERPRETATION :
In Case Of Conflict
(a) "Company" Means "Young Knight Express Pvt Ltd or "Astha International"
(b) "Commodity Code" means the product specific code used to classify the goods comprised in any Consignment shipped internationally.
(c) "Consignee" means the person to whom the Consignment is addressed.
(d) "Consignment" means goods contained in one Delivery Item or any number of Delivery Items that are sent together from exactly the same address at one time in one load by or for the same Customer bearing exactly the same Delivery Address.
(e) "Contract" means the contract of carriage or contract for other services between the Customer and the Company into which these Conditions shall be deemed to be incorporated.
(f) "Customer" means the person, firm or company that enters into a contract of carriage or a contract for other services with the Company.
(g) "Dangerous Goods" means goods classified as dangerous goods by UNECE from time to time or by the IATA Dangerous Goods Regulations (DGR) or goods which present a comparable hazard. Dangerous Goods are also goods which can cause direct physical damage, are capable of causing injury to people or to their health, or are physically dangerous to other goods.
(h) "Delivery Address" means exactly the same address printed on the Delivery Item to which the Delivery Item is to be delivered under the Contract.
(i) "Delivery Item" means an Express parcel, Freight Parcel, International Express parcel , International Freight Parcel, International Parcel, Pallet, Parcel, as the case may be.
(j) "ESCD" means an electronic signature capture device which is capable of receiving, storing and transmitting Customer and Consignee information or the person goods are delivered to, including signatures.
(k) "Intellectual Property Rights" means patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
(j) "Neighbour" means a person who lives or works in a property within 50 metres walking distance of the Delivery Address.
(k) "Pallet" means any item or items placed on a wooden or plastic board, containing either goods in bulk or any number of small containers with a maximum weight of 1000 kgs.
(l) "Parcel(s)" means an item which weighs no more than 31 kgs, and with measurements of less than 1 metre long, 0.6 metres wide and 0.7 metres high and which has a total girth (length + height + width) of not more than 1.2 metres.
(m) "Pickup (Service)" means the service where the Customer or the Consignee selects the option for the Parcel to be picked up or dropped off at a third party location, such as a local shop, which is close to the original Delivery Address ("Pickup Location") or where the Company elects to deliver the Parcel to such a third party location in accordance with Condition 8(e).
(n) "Scan Record" means a laser created electronic record which is created by the Company.
(o) "Service(s)" means the delivery services offered by the Company from time to time including, without limitation delivery services offered by the Company in relation to Parcels, Freight Parcels and Pallets.
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) A reference to a party includes its personal representatives, successors or permitted assigns;
(c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) Any phrase introduced by the terms "including", "include", "such as", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) A reference to "writing" or "written" does not include e-mails, unless expressly stated otherwise.
(a) The Company agrees, subject to the Customer's compliance at all times with these Conditions, to carry Consignments agreed by the Company and the Customer, or to store goods in a building occupied by the Company, or to provide other services as agreed by the Company and the Customer.
(b) The Company is not a common carrier which means that it may refuse to carry the Customer's goods at its discretion. The Company will accept goods for carriage only on these Conditions.
(c) If Conditions 2(a) or 2(b) above are not met, the Company reserves the right to terminate the Contract immediately.
(d) These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
(e) The Customer shall be deemed to have notice of and accepts these Conditions if and as soon as he places an order with, or accepts a tender from, the Company for the carriage of goods or other services.
(f) The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
(g) The Company reserves the right to inspect all Consignments for goods including, but without limitation, those which may be: i. Dangerous Goods;
ii. incompatible with the Company's network;
iii. incapable of carriage to the country of destination within the Company's standard procedures, customs, declarations and handling methods; or
iv. non-compliant with any law.
(h) For shipments outside the India, the Customer shall, in relation to each of the goods comprised in each Consignment, provide the Company with:
i. a commercial invoice (including a clear, accurate and unambiguous description of the goods) or electronic data where applicable;
ii. a Commodity Code for each of the goods;
iii. written notification in advance of any Consignments and/or goods comprised within Consignments which are not standard or permanent exports (for example, temporary exports such as repairs that will be returned to India); and
iv. any information required by any relevant customs authorities or the Company.
v The Customer acknowledges and agrees that:
i. in relation to the goods, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into this contract and to bind them to its terms;
ii. it is the exporter of the goods comprised in any Consignment and will be responsible for the accuracy of all information supplied to the Company;
iii. if there is any missing data, an incomplete or incorrect invoice, this may result in the Delivery Item(s) being held or returned; and
iv. if any Commodity Code is missing, the Company may (at its option);
1. use the general Commodity Code based on the description of the goods given by the Customer; or
2. hold the goods pending receipt of the Commodity Code from the Customer or return the goods to the Customer; but the Company accepts no responsibility if the Commodity Code used is incorrect and the Customer shall indemnify the Company in accordance with Condition 14(a).
3. PARTIES AND SUB-CONTRACTING:
(a) Where the Customer is not the owner of some or all of the goods carried or stored, the Customer shall be deemed for all purposes to be the agent of the owner(s) and that if any other person has an interest in the goods the Customer is acting as his fully authorized agent.
(b) The Company may employ any other carrier or warehouseman to fulfill the Contract. Any such carrier shall be entitled to sub-contract and these Conditions shall apply to such carriers on like terms.
4. GOODS NOT ACCEPTED FOR CARRIAGE AND STORAGE:
(a) The Company shall not accept certain goods for carriage or storage, including, but not limited to, any of the following goods:
i. Dangerous Goods, hazardous goods, flammable goods; or ii. firearms, tobacco products, works of art, jewellery (including watches), cash, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, documents which can be exchanged for cash or goods or services (for example cheques, vouchers with a face value, event tickets), personal effects, precious metals (including gold or silver items), antiques, furs or any other valuables, alcohol including wines, beers and spirits, liquids of any kind, televisions or monitors with screens larger than 37", body parts or human remains, living or dead animals, fish or birds, or any living organism of any type (including trees and plants), food (unless the Customer complies strictly with the Company’s requirements for the carriage of food (details available on request)) and “Non Excepted Batteries”; or iii. any goods prohibited by the law or regulation of any government of any country or public or local authority of any country where the goods are carried; or iv. any goods which require temperature controlled transport; unless an Executive Director of the Company has notified the Customer in writing that they are accepted and, unless such notice has been given in writing, the Company shall have no liability whatsoever, including losses arising from negligent acts of the Company, in respect of them. (b) The Company may impose additional restrictions depending upon destination of delivery and the service being provided. The Customer acknowledges that regulatory and custom clearances may be required for certain goods, which may extend the transit time and may delay delivery. (c) The Company reserves the right to reject or destroy Consignments at its reasonable discretion, including for reasons of security or safety, and shall have no liability whatsoever, including losses arising from such rejection or destruction.
5. GOODS NOT MEETING SERVICE DESCRIPTIONS:
(a) If the Customer books or requests the collection of goods which do not meet the description of the relevant Service in Condition 1, the Company reserves the right: (i) to refuse to collect the goods even if the Customer has been given a consignment or order number; (ii) (if the Company collects the goods), to refuse to store or deliver goods and to return the goods to the Customer as soon as reasonably practicable, but at the Company’s cost; (iii) (if the Company collects and stores or delivers the goods), to process the goods as "Freight Parcel(s)" which means in particular that the Company will charge the Customer according to its freight tariff and its liability for loss or damage under these Conditions will be on the basis that the goods are a Freight Parcel. (b) Where the Company returns the goods to the Customer under Condition 5(a)(ii) these Conditions shall apply to the carriage of the goods (except Condition 9) but the Company shall have no liability to the Customer whatsoever for the Company’s failure to deliver the goods.
6. CUSTOMER WARRANTY:
(a) The Customer warrants, undertakes and represents that: (i) the goods have been properly and sufficiently packaged and labelled for the intended Service and destination, so that the Consignment will not be lost or damaged whilst being transported or cause injury or damage to any person or any property or other goods; (ii) the labelling on the Consignment includes the full address, postcode or zip code of the person or company sending the package and the Consignee; (iii) it will correctly package an item in a single box or multiple box, or in its own packaging in accordance with Condition 6(a)(i) and with the correct dimensions and weight, otherwise the goods will be processed as either one or more Parcels or Freight Parcels according to their weight or measurements; (iv) the goods comprised in any Consignment are not subject to any licences, permits, certificates, restrictions, or anti-dumping or countervailing laws or regulation; (v) the goods are not destined for any country, company, organisation or individual that is subject to any export control list; (vi) all plant, power or labour required by the Company is available for loading and unloading any Consignment at any collection or delivery point specified by the Customer or recipient; (vii) it will inform the Consignee of the delivery details of the Consignment. The Company may impose a charge upon the Customer for each or any wasted journey made in attempting to deliver the goods; (viii) where the Customer passes the Consignee’s personal data to the Company, the Customer shall ensure it has the right to do so and shall obtain any necessary consents from the Consignee in accordance with Condition 19. (b) The Customer shall ensure that each Consignment complies with the weight, measurements and length applicable to that Consignment as set out in the relevant definition of Parcel, Priority, Pallet, Freight Parcel, International Parcel, International Freight Parcel, Express , world saver, Express Ground, Ground services International Express, as applicable.
7. RECEIPT OF GOODS:
(a) When receiving Consignments, the Company may scan the Consignment. This will produce a Scan Record as evidence of receipt of the Consignment. (b) The Company shall, if so required, sign a document prepared by the Customer, acknowledging receipt of the Consignment or goods, but neither the Scan Record nor the Customer document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the Consignment at the time it is received by the Company.
8. TRANSIT AND UNCLAIMED GOODS AND UNDELIVERED GOODS:
(a) Transit shall commence when the Consignment is passed to the Company whether at the point of collection, at its premises or at a Pickup Location. The Company is entitled to carry goods by any means of transport and by any route whatsoever. (b) Transit shall (unless the Company previously decides otherwise) end either: (i) when the Consignment is offered for delivery at the Delivery Address; (ii) when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place; (iii) when, in accordance with instructions, the Consignment is made available for collection at one of the Company’s depots; (iv) when the Consignment is offered for delivery in accordance with Condition 8(e); or (v) when the Consignment is held by the Company for collection following attempted delivery when the Consignee or a person authorised on the Consignee’s behalf collects the Consignment from the Company’s depot; and in the event that the Company holds Consignments pursuant to Conditions 8(b)(iii) and 8(b)(v) delivery shall be deemed to have ended if the Consignment is not collected within a reasonable time and the Consignment shall be held solely at the Customer’s risk and subject to disposal in accordance with Condition 16. (c) Subject to Condition 8(e), and except in relation to Conditions 8(b)(iii) and 8(b)(v), where for any reason whatsoever the Company cannot carry the Consignment to the Delivery Address or the Company cannot effect delivery at the said address, the following will apply:- (i) the Company will endeavour to contact the Customer and request a new address and/or the required details to which the Consignment can be delivered in the country in which the Consignment is then lying; and (ii) if the Company cannot contact the Customer within a reasonable time, or if the Customer does not give the Company a new address and/or the required details for delivery within a reasonable time, the Company has the right to deal with the goods in accordance with Condition 16. During storage, at any time prior to any disposal or destruction in accordance with Condition 16, the goods shall be held solely at the Customer’s risk. (d) The decision as to what constitutes a reasonable time under Conditions 8(b) and 8(c) is entirely at the Company’s discretion. (e) Unless the Customer notifies the Company in writing otherwise and such notice is formally acknowledged in writing by the Company, the Company shall be entitled to deliver the Consignment to a Neighbour of the Consignee’s address, a concierge at the Consignee’s building or a Pickup Location within the Company’s delivery hours and, for the purposes of Condition 8(b), transit of the Consignment shall be deemed to have ended at the time of delivery to such Neighbour or obtaining a signature from a concierge or other recipient, leaving the Consignment at the Consignee’s building or the Pickup Location. Subject to Condition 10(c), any specific timescales for delivery and/or collection which the Company gives are estimates only. The Company shall not be deemed to be in breach of the Contract or have any liability to the Customer (whether in contract, tort, negligence or otherwise and howsoever arising) for any failure to fulfil any delivery and/or collection within any specified timescales.
9. PAYMENT AND PRICING: