Shipping, Delivery & Warranty

6. DELIVERY

6.1 The goods shall be delivered to the Customer by Kargo, Fastway or Pargo Couriers on such terms and conditions as shall be agreed to between the parties. All Bags shall not be held responsible by the Customer for the late/ delayed delivery of the goods by Kargo, Fastway or Pargo Couriers. 

6.2 Any delivery note/ waybill signed by the Customer, its authorised representative or its nominated agent shall be prima facie (at first sight) proof that delivery was made to the Customer as per the description and quantity indicated on the delivery note/ waybill.
6.3 All Bags guarantees that the goods will be dispatched at the agreed place and on the agreed date and time at All Bags’s risk. In the event that goods are not dispatched as agreed, the Customer shall have the right to accept delivery of the goods OR require delivery at the agreed date, time and place in the event the agreed date and time has not passed OR cancel the agreement without penalty and treat delivered goods as unsolicited goods and/ services. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)

7. RETURNED GOODS/SERVICES

GOODS

7.1 The Customer may return the goods and the goods will either be repaired/ replaced or the Customer’s account will be credited in the event: (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)

7.1.1 The Customer exercises it’s cooling off right within 5 (five) business days after date on which the transaction was concluded or goods are delivered in the event of direct marketing. Delivery of the goods to All Bags will be at the Customer’s risk and expenses.
7.1.2 The Customer did not have the opportunity to examine the goods and rejects the goods due to type and quality reasonably contemplated in the agreement and does not meet the test in section 18(3) and (4) of the Consumer Protection Act AND in the event of special-order agreements the goods do not reasonably conform to the material specifications of the special order. Such claims must be lodged by the Customer and the goods must be returned to All Bags within 7 (seven) business days after the goods were delivered to the Customer. The cost of such return shall be at All Bags’s expense. The Customer shall be credited for the price paid by the Customer without any deduction provided that the goods are returned to All Bags (i) within 7 days after delivery, (ii) in their original condition, (iii) in their original packaging and (iv) without being disassembled, physically altered or in any way affixed to any property. In the event that the returned goods do not meet the above mentioned four conditions, but are still in a marketable condition, then in the sole discretion of All Bags, the crediting shall be subject to a deduction of a minimum 10% (ten percent) as a handling charge. In the event that the returned goods do not meet the said conditions and are not in a marketable condition, the Customer shall not be credited for any amount. In the event that All Bags does not hear from the Customer within the 7 (seven) business day period, the goods shall be deemed as duly delivered and accepted by the Customer. 
7.1.3 All Bags delivers a mixture of goods and the Customer refuses delivery of any of the goods due to All Bags supplying goods of a different description not contemplated in the agreement. The Customer may accept delivery of the goods that are in accordance with the agreement and reject the rest, OR reject all of the delivered goods by lodging a claim and returning the goods to All Bags within 7 (seven) business days from date of delivery to the Customer. The cost of such return shall be at All Bags’s expense. The Customer shall be credited for the price paid by the Customer without any deduction provided that the goods are returned to All Bags (i) within 7 days after delivery, (ii) in their original condition, (iii) in their original packaging and (iv) without being disassembled, physically altered or in any way affixed to any property. In the event that the returned goods do not meet the above mentioned four conditions, but are still in a marketable condition, then in the sole discretion of All Bags, the crediting shall be subject to a deduction of a minimum 10% (ten percent) as a handling charge. In the event that the returned goods do not meet the said conditions and are not in a marketable condition, the Customer shall not be credited for any amount.
7.1.4 If the goods are not intended to satisfy a particular purpose as communicated to All Bags the Customer may return the goods within 7 (seven) business days after delivery. Delivery of goods will be at All Bags’s risk and expense.

7.2 In the event 7.1.1-7.1.4 is not applicable and/or the Customer falls outside the ambit of the Consumer Protection Act, Credit shall only be considered in respect of any goods if the goods are returned to Parco Bags within 7 (seven) business days from date of delivery to the Customer, provided that such returned goods are not defective in any way, are in their original saleable condition and packaging supplied by All Bags. The return of such goods will be at the Customer’s expense and risk. All Bags shall not accept the return of any goods if the packaging or any seals of the goods has been opened or  tampered with or the goods have been damaged in any way.

8. WARRANTIES AND INDEMNITY

8.1 All Bags warrants that the goods comply with the standard and requirements as stipulated in section 55 of the Consumer Protection Act, 2008 except to the extent that the goods have been altered. In the event All Bags fails to manufacture goods that comply, the Customer will have the right to return the goods within 6 (six) months after delivery without penalty or charge and the Customer may require All Bags to repair/replace the goods, or alternatively request to be credited. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)

8.2 To claim under this clause 8, the Customer shall return to All Bags the goods mentioned in clause 8.1 above, in accordance with the conditions as set out in clause 7.1.3. These claims will only be considered if they are lodged in writing within 6 (six) months after delivery of the goods concerned and if the Customer has specified the basis of the claim. The Customer may elect whether he/she/it requires a repair, replacement or a credit in respect of such goods.

8.3 The contents of this clause 8 does not apply if the maintenance of the goods has not been carried out in accordance with the Manufacturer’s instruction; the goods have been modified by the Customer or a third party; or defects in the goods have been caused by the action, neglect, omission or default of the Customer or any third party, fair wear and tear or abnormal working conditions.

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