1.1. These Vehicle Purchase, Leasing and Subscription, terms and conditions ("Purchase Terms") set out the basis on which You will purchase the vehicle that You have selected on our Website or by telephone, and which is further described in the order form referred to in clause 1.2.1 (the "Vehicle").
1.2. These Purchase, Lease and Subscription Terms should be read in conjunction with the following documents:
1.3 Please read these Purchase, Lease and Subscription Terms carefully before You agree to be bound by them. If You think there is a mistake in these Purchase Terms or You otherwise require a change to any of the provisions, please contact Us to discuss amending the Purchase Terms before You sign the Order Form.
1.4 Our Website is created solely for the purpose of Sale, Lease and Subscription of Vehicles, of various Car Manufacturers, to consumers in Hyderabad situated in the state of Telangana. You are a consumer if You are an individual and You are buying vehicles from Us for Your personal Use (i.e. not for Use in connection in any way with Your business or profession).
2.2 The domain name www.carnomy.in (hereinafter referred to as "Website") is owned by Carnomy Technologies Private Limited, a Company incorporated under the Companies Act, 2013 with its registered office situated at 8-2-460/4,2nd floor,Green Valley,Banjara Hills,Hyderabad,Telangana, 500034,India (hereinafter referred to as "the Company").
2.5 You can contact Us by email to firstname.lastname@example.org or by Using our Contact Us page.
2.6 If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You have provided to Us.
3.2 This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.
4.2 Carnomy is headquartered in Hyderabad, India. The company was founded in February 2019 with an idea to empower customers with the flexibility, digital tools and data needed in making the buying decisions. Our platform enables OEM's with data-driven intelligence to maintain a continuous relationship with the customers and understand their changing needs and preferences in purchasing, leasing and subscribing cars, of different brands, including but not limited to services such as providing finance and insurance, service etc.,
5.2 The Vehicle shown in the Order Form may vary from the picture(s) and description shown on our Website. We will endeavour to ensure that any photographs, descriptions, specifications and advertising provided in respect of the Vehicle on our Website are accurate and up to date. In some circumstances this information may be provided to show an illustrative example of the model generally and may not represent the Vehicle that You have chosen. Please carefully check the photographs, descriptions and specifications on the Order Form before You sign the Order Form.
5.3 If You wish to make a change to Your order then please contact Us. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the price, the timing of delivery or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. However, the above can only be done, only when the Vehicle is not dispatched by the Manufacturer and subsequent to approval of Loan if any.
6.2 We will intimate the date of delivery which is indicative only, subject to the availability of the Vehicle from the Manufacturer and We (or a carrier acting on our behalf) will contact You to confirm the delivery date and address once we get a conformation of delivery and vehicle readiness by the Manufacturer.
6.3 Delivery Charges: You will not be required to pay the cost of delivery.
6.4 We are not responsible for any delay to the delivery of the Vehicle which is outside our control. If the delivery of the Vehicle is delayed by an event outside our control then We will let You know as soon as possible and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to cancel Your order and receive a refund of any sums You have paid.
6.5 You must be available for delivery of the Vehicle specific with Your driving licence and which You provided to Us for the purpose of the ID verification search. Please ensure that Your driving licence is up to date and registered.
6.6 You must be personally present to accept delivery of the Vehicle. We will not deliver the Vehicle to anyone accepting or acting on Your behalf or to any third party. If You are not available at Your address to take delivery then We will notify You that We have attempted to deliver the Vehicle and You will be required to contact Us or the carrier company to arrange redelivery and You will be liable to pay any costs of redelivery.
6.7 On delivery of the Vehicle You will be required to sign a declaration confirming that You have inspected the Vehicle and that it complies with the specification details included in the Order Form (including that the condition of the Vehicle meets the standard specified in the Order Form). If the Vehicle does not comply with the specification in the Order Form then You should inform Us immediately as You may be entitled under these Purchase Terms (at our option) to: (A) have the issue remedied at our own cost; (B) receive a price reduction which is proportionate to the decrease in the value of the Vehicle as a result of the issue; or,(C) reject the Vehicle and obtain a refund.
6.8 The Vehicle will become Your responsibility from the time We deliver the Vehicle to You. We accept no responsibility for any loss or damage to the Vehicle after We have delivered it to Your address.
6.9 As part of the services provided by the Company, we will ensure the Vehicle is insured with one of our insurance partners, subject to your approval of an appropriate policy, before the delivery of the Vehicle.
6.10 We will also assist you in securing a Loan, from one of our banking partners and the said loan is subject to approval, basing on your credit history and CIBIL Score. In case the Loan is rejected due to what-so-ever reason, we reserve the right to cancel the order made by you and allot the Vehicle to an another customer.
7.2 Companies change their prices and amend their rates on a regular basis. The price quoted to You will be accurate at the time of issue, and may change if Your quote is resubmitted. As part of our service, We will send You an email confirmation of Your prices. Remember, You will receive the same guarantee from the product or services provider as You would have received from them by going direct. If You Use our Used car valuation service, We will also send You an email confirming the results for Your reference.
7.3 The price of the Vehicle (Ex. Showroom Price) will be the price indicated on the Order Form. We take all reasonable care to ensure that the price of the Vehicle advised to You is correct. However, please see clause 7.6 for what happens if We discover an error in the price of the Vehicle You order.
7.4 The Company strives to provide You with the best prices possible on Products and Services You buy or avail of from the Website. However, the Company does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
7.5 To ensure that We can deliver the Vehicle You must make payment for the Vehicle in full no less than 3 working days prior to the agreed delivery date (if delivery is due on Monday then We must receive payment by Thursday) subject to approval of the Loan by our banking partners.
7.6 If We do not receive payment 3 working days prior to the delivery date then We may suspend the delivery of the Vehicle until We have received the outstanding amount in full. We will contact You to tell You We are suspending the delivery of the Vehicle.
7.7 It is possible that, despite our best efforts, some of the vehicles We sell may be incorrectly priced. We will normally check prices before providing You with the Order Form but if We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel Your order, refund You any sums You have paid and require You to make the Vehicle available for collection.
7.8 While the Company strives to provide accurate Products, Services and pricing information, typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, the Manufacturer may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. The Company will have the right to modify the price of the Product or Service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If the Vendor cancels the order after the payment has been processed, the said amount will be remitted by the Vendor to Your account from which the payment was made.
8.2 It should be acknowledged that You will own the Vehicle once We have received payment in full for the Vehicle.
8.3 If You have selected a finance option to purchase the Vehicle then the ownership of the Vehicle is subject to the terms of Your agreement with Your chosen finance provider.
9.2 You acknowledge that the Company has the right to change or discontinue any Product or Service at any time, without notice. You further acknowledge that the Company may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that the Company may make to the Product or Services. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Product or Services.
9.3 You should take all responsibility for Your own actions in utilizing the Services purchased by You and the Company shall not be liable for any such action.
9.4 You represent that You are of legal age to form a binding contract with Us and are not a person barred from receiving Services under the laws as applicable in India.
9.5 You confirm that the Company shall not be responsible for any deficiency in payment of consideration payable towards the Services purchased from the Website.
9.6 You are solely responsible to ensure that You answer all questions honestly and that all information You enter onto carnomy.in is true, accurate and complete. If You do not do this, it could lead to Your selected product later increasing in price, becoming invalid or claims not being paid. We cannot be held responsible if this happens.
10.2 You may be entitled to cancel Your order, return the Vehicle following delivery and/or apply for a refund of the purchase price. Your rights when You cancel the order or return the Vehicle will depend on whether there is anything wrong with the Vehicle, how We are performing and when You decide to return the Vehicle.
10.3 Money Back Guarantee.
10.4 12 Month Warranty
10.4.1 The Vehicle will be supplied with a minimum 12 month unexpired manufacturer warranty period, or a top up to a minimum 12 month warranty period which is either dealer-backed or insurance backed.
10.4.2 We are under a legal duty to ensure the Vehicle:
10.4.3 The warranty does not apply to and does not cover damage or defects arising from:
11.1. We may cancel the order at any time by writing to You if:
11.2. If We cancel the order as a result of any act or omission for which You are at fault, We will refund any money You have paid for the Vehicle but We may deduct or charge reasonable compensation for the net costs We will incur as a result of Your breach of these Purchase Terms.
12.1. We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these Purchase Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Us breaching these Purchase Terms or our failing to Use reasonable skill and care, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the order was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
12.2. We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of Your legal rights in relation to the Vehicle.
12.3. We only supply the Vehicle for domestic and private Use. If You Use the Vehicle for any commercial, business or re-sale purpose We shall not be liable to You for any losses suffered as a result of such Use.
13.1. We will Use the personal information You provide to Us:
14.2. These terms do not exclude our liability to You in any way for: personal injury or death caused by our negligence; fraud or fraudulent statements made by one of our employees or agents for or any matter for which it would be illegal for Us to exclude or to attempt to exclude our liability. In addition, We are only liable for losses which are a foreseeable consequence of Us breaking this contract. Losses are foreseeable where they could be contemplated by You and Us at the time Your information is inputted onto our Website. We will not be held responsible for any indirect losses which happen as a side effect of the main loss or damage which You suffer and which are not foreseeable by You and Us at the time We enter into this contract, including, but not limited to: loss of income or revenue; loss of business; loss of data; loss of profits or contracts; loss of anticipated savings or waste of management or office time however arising, provided that this provision will not prevent You from bringing claims against Us for loss of or damage to Your physical property or any other claims for direct financial loss that are not excluded by any of the categories set out above. In no circumstance will We be responsible for any losses which arise in connection with an event or series of events which is/are outside of our reasonable control.
15.1.1. You can link to other Websites by means of hyperlinks published on this Website or emailed to You as part of our service. These Websites are owned and operated by third parties. We accept no liability for any statements, information, products or services that are published on or may be accessible through third party Websites, as this is outside our control.
16.1. You agree, undertake and confirm that Your Use of Website shall be strictly governed by the following binding principles:
16.1.1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
16.1.2. You shall not Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
16.1.3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
16.1.4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other cUstomer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
16.1.5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name Used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or sellers on platform or otherwise tarnish or dilute any Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or Used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks, or any systems or networks connected to the Company.
16.2. You agree not to Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's Use of the Website.
16.3. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
16.5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies, etc.) regarding Your Use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
16.7. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
16.10. It is possible that other Users (including unauthorized Users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your Use of the Website, and that the recipient may Use such information to harass or injure You. We do not approve of such unauthorized Uses, but by Using the Website You acknowledge and agree that We are not responsible for the Use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
17.1. If at any time You would like to contact Us, the details are available on our Contact Us page.
18.1. This site is controlled and operated by the Carnomy Technologies Private Limited and products are sold by them. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial Use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, Use of the materials on any other Website or networked computer environment or Use of the materials for any purpose other than personal, non-commercial Use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any Use for which You receive any remuneration, whether in money or otherwise, is a commercial Use for the purposes of this clause.
18.2. Images on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s). No logos, trademarks or service marks appearing on the site may be printed off or copied, except as part of the text of which they form part.
19.1. Any logos, trademarks, service marks and domain names and all related intellectual property rights, of the companies whose sites We search in providing the service, belong to those companies, and You may not reproduce them without their prior written consent. Except for them, all intellectual property rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying this Website and/or the service We provide belong to carnomy.in
20.1. Buyer and seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by RBI from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for Using payment facility and the Website.
21.1. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Company make no representation that materials in the Website are appropriate or available for Use in other locations/countries other than India. Those who choose to access this site from other locations/countries other than India do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.
21.2. This Website is for non-commercial Use, meaning it is only for personal Use or for Use by a business to seek a product directly for that business only. Unauthorised commercial or bulk Use may slow down the speed of the service We can provide for our customers. We will monitor the Use of our services. If We detect commercial or bulk Usage before, We have sent the results of our search, We may abort the search. In any event, We reserve the right to take action against those Using our service in an unauthorised way, to prevent disruption of our service to genuine cUstomers, and to recover any losses We suffer.
22.3. We may transfer our rights and obligations under these Purchase Terms to another organisation. We will contact You to let You know if We plan to do this. If You are unhappy with the transfer You may contact Us to end the contract within 14 days of Us telling You about it and We will refund You any payments You have made in advance for the Vehicle if it has not been delivered.
22.4. You need our consent to transfer Your rights to someone else (except that You can always transfer the outstanding period of the 12-month warranty). You may only transfer Your rights or Your obligations under these Purchase Terms to another person if We agree to this in writing. HoWever, You may transfer our 12-month warranty to a person who acquires the Vehicle. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the Vehicle, for example by providing a valid Insurance Policy and Registration showing that person as the registered keeper.
22.5. Nobody else has any rights under these Purchase Terms. These Purchase Terms are entered into betWeen You and Us. No other person shall have any rights to enforce any of its terms, except as explained in claUse 22.4.
22.6. If a court finds part of these Purchase Terms illegal, the rest will continue in force. Each of the claUses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
22.7. Even if We delay in enforcing these Purchase Terms, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these Purchase Terms, or if We delay in taking steps against You in respect of Your breach of these Purchase Terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Vehicle, We can still require You to make the payment at a later date.
22.8. These Purchase Terms are governed by Indian law and You can bring legal proceedings in respect of the Vehicle in the Indian courts. If You live at place outside Hyderabad You can bring legal proceedings in respect of the Vehicle in Hyderabad court.
THE COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY VENDORS OR BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS AND SERVICES SHALL BE SUBJECT TO TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. THE COMPANY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS OR SERVICES BY YOU. THE COMPANY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE COMPANY SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE COMPANY IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.