The following terms and conditions apply to all contracts accepted and
to be executed by us (subject to performance). They shall apply at the
latest with the order or with the actuation of the delivery of the
subject of the contract as acknowledged by our customers and legal
binding, even if contrary conditions of our customers not expressly
The terms and conditions are posted in our business premises, as well as published on the internet at poojaenergyvastu.com
The terms and conditions also apply to all future business relationships, even if they are not explicitly stated in full. Counter-confirmation of our customer under reference to their own terms and conditions are hereby expressly contradicted.
Our employees are not permitted to make deviating commitment to our conditions. In such case, we expressly reserve the right to withdraw from the contract.
Subsequent changes to these conditions are only valid if they have been produced and confirmed by us in writing.
The subject of the order is the supply of Mobile Mafiya products (
Mobile, TV, Accessories), and other electronic products.
The elaboration of individual concepts commissioned by our customer takes place according to the type and extent of the information and documents provided to us.
The basis for the creation of individual concepts is written service description. Which we prepare against cost calculation on the basis of the provided documents and information. The description of services must be checked by the customer for correctness and completeness and provided with his consent.
You can cancel your contract within 7 days with giving a reason by a
clear statement. The period begins upon receipt of this instruction on a
durable medium. To maintain the cancellation period, the timely dispatch
of the revocation is sufficient if the declaration is made on a durable
medium such as letter, fax, e-mail or. The revocation must be sent to
In the case of an effective cancellation, the mutually received benefits must be returned. You are obliged to pay compensation for the service rendered up to cancellation, If you have been advised of this consequence before submitting your contract and have expressly agreed that we start before the end of the withdrawal period with the execution of the consideration. If there is an obligation to pay reimbursement of value, this may mean that they still have to fulfill the contractual payment obligations for the period until their revocation. Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your express request, before you have exercised your right of revocation. Obligations to reimburse payments must be fulfilled within 45 days.
You will have the goods immediately and, in any event, not later than 7 days to which you have informed us about the revocation of this contract, to be returned or handed over. With the revocation of this contract, you are also no longer bound by a contract related to this contract, If the related contract relates to a service provided by us or a third party based on an agreement between us and the third party.
In the case of an effective cancellation, the services received on both
sides must be postponed and any uses such as interest that have been
made must be surrendered. If our customer cannot grant or return the
received performance, as well as uses (e.g use advantages) or only in a
deteriorated condition, our customer must pay us compensation in this
For the deterioration of the thing our customer must pay compensation for value, as far as the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary. Parcel shipping items are to be returned at your own expense and risk.
Obligations to reimburse payments must be fulfilled within 45 days. The period begins with the sending of the revocation for us with their receipt.
The right of revocation of our customer expires prematurely. If the contract of both sides of the request of the customer expressly is to be considered, before our customer exercise his right of revocation.
Unless otherwise stated in our offers, these are non-binding:
The individually submitted service offer is always based on the information provided by our customer. The information contained in catalogs, brochures, circulars, advertisements, illustrations, price lists and the like are only relevant if express reference is made in the order confirmation (order).
Our products are basically manufactured by our company. The choice of
another manufacturer, factory or supplier which seems to be necessary
for the production of the contracted performance object is available to
us at any time.
The deadline and grace period promised in our offers and order confirmation or, if applicable, later are non-binding within the scope of the usual industry standards. They become binding only if they have been expressly designated by us in writing as a “binding delivery period” and confirmed.
If we are prevented from punctual fulfillment of the contract due to procurement, fabrication, traffic, disruptions, strikes and lockouts that were not caused by us. The delivery period shall be extended accordingly.
If, at the request of our customer, a change in the subject of performance specified in the order confirmation is required. The liability of the promised delivery date is cancelled. It requires a new written agreement, or the delivery period is extended by the period of the delay caused by the customer.
The delivery date quoted in our order confirmation is always adhered to by us. In any case, the prerequisite for this is that our customer has fulfilled his contractual obligations completely and on time.
Agreed delivery dates are in any case deferred as long as our customer should be in default with the fulfillment of his obligations – also from other transactions with us – or until all technical and contractual details have been fully clarified in advance and the legal conditions for execution have been created.
Partial deliveries by us are permitted. Each partial delivery is generally considered an independent business.
With the dispatch readiness message on our part the delivery date is regarded as kept. If the dispatch cannot take place without our delivery work, producer fault or not on time. Then, products that are ready for delivery but not immediately called up are stored at our own expense and risk at our own discretion and charged as delivered.
If our customer does not accept the goods provided in accordance with the contract at the agreed place or time and if the delay is not caused on our part, we can either demand immediate fulfillment or withdraw from the contract by setting a grace period for acceptance (see point 15.) , In the case of non-timely fulfillment by us, our customer has to grant us in any case a reasonable grace period.
Our customer is also responsible for ensuring that our technicians can properly perform the installation of the commissioned work on site.
Usage and risk are generally transferred to our customer upon the departure of the delivery “ex works”. This also applies if the delivery is made as part of an installation in particular, if the transport is carried out, organized and managed by our customer.
In the event that the assistance and support is requested on our part when loading by means of transport, our customer already holds us not responsible for damages and disadvantages which may result from this.
So far,as nothing to the contrary has been determined by individual agreements, the risk and chance shall pass as soon as we have performed at the agreed place of performance.
If, at the request of our customer, we send the object of performance to a place other than the place of performance, risk and coincidence, unless otherwise agreed, shall pass to the customer as soon as we deliver the goods to the freight forwarder, the carrier or the person otherwise responsible for carrying out the shipment or companies have provided.
Claims against us for non-timely delivery for damages and loss of profit are excluded (see point 12.).
Unless otherwise stated, we are bound by the prices quoted in our offer for 7 days from the date of the order. Decisive are the prices stated in the order confirmation (order) plus the respective statutory sales tax.
The prices are quoted from Dubai .
Additional charges are unless otherwise stated or agreed at the expense of our customer.
Payments are deemed to have been made on the day we can dispose of the amount in the agreed currency.
Unless otherwise agreed, payments shall be due immediately upon receipt of the invoice and without any right of our customer to withhold payment and or set-off against counterclaims not expressly accepted by us in writing (item 16). In any case, our customer bears all the bank and transfer fees.
In the event of late payment, a total of 12% pa of default interest has been agreed. Furthermore, all dunning, collection, collection, and information costs, as well as the costs of one of us, possibly consulted a lawyer to replace.
If no explicit dedication is made, payments will be credited to the oldest outstanding claim. In the case of individual claims, payments are credited first to costs, then to interest and finally to capital.
Failure to comply with the agreed terms of payment and occurrence of circumstances that raise doubts about the credit worthiness of the customer, we are also entitled to make all our claims against our customer immediately due, withdraw from all pending purchase and / or supply contracts and compensation to demand for non-performance (Item 15).
This does not affect our right to claim the expenses already incurred, irrespective of the fault of our customer, compensation for damages including compensation of all in connection with the contracts from which we withdraw in such a case.
In the event of default of our customer, we are also entitled to a self-help sale in accordance with our country commercial law provisions.
In the event of default of acceptance caused by the customer, which does not allow us to meet the agreed delivery deadlines, we are entitled to the originally agreed price, the wages and royalties, if they still exist, according to the Consumer Price Index . The initial index number is the index number of the month in which the default was set by the customer and our delivery was impeded.
The customer expressly acknowledges this index clause.
If the consumer price index is no longer published by Statistics, then the index increase is to be calculated on the basis of principles similar to the consumer price index 2010.
Delivered Shreem International Consultancy products remain our unrestricted property until full payment including ancillary claims.
Our customer has to comply with all necessary country-specific formal requirements for the maintenance of the agreed retention of title himself or to provide the necessary assistance.
In the case of a breach of contract by our customer, in particular such as the case of late payment, we are entitled to withdraw from the contract and to reclaim the item (Item 15.). Our customer is obligated to return the delivered subject matter. Our customer hereby waives a right of retention.
A pledge or security transfer by our customer to third parties is excluded.
Duration of the warranty for the subject matter and different from product to product , from delivery.
Our customer must notify us in writing of obvious defects immediately, but no later than one week after receipt of the object of service. Defects that can not be discovered even after careful examination within this period are to be reported to us immediately in writing after discovery.
The warranty claims are limited to the immediate repair of the delivery items by us. Our liability for defects in delivery items originating from third parties is limited exclusively to the warranty provisions of the respective supplier. This also applies to any warranty service promised by suppliers.
If products from the third party manufacturer are used for the service item, we only pass on those warranty commitments from us to our customers, as promised by the third party manufacturer. This also applies to any guarantee promises made by the third party manufacturer.
All warranty obligations on our part are hereby finally settled.
On the other hand, we assume no liability for errors, malfunctions or damage due to improper operation, use of unsuitable organizational means as far as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.
For delivery items that are subsequently changed by our customers or by third parties, no warranty by us.
Duration of the warranty for the subject matter and different from product to product , from delivery.
Claims for damages for the impossibility of performance, for positive breach of contract, for fault on the conclusion of the contract and / or tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action.
Liability for slight negligence is excluded if our customer is an entrepreneur.
Liability for loss of profit, for damages from claims of third parties against our customers and other consequential damages, is not accepted. In any case, for a specific reason, justified claims for damages on our part are given to our customers, then these are in any case limited by the amount and the value of the object of service.
A defect is thus only given in the absence of a guaranteed property or a documented function as well as objectively ascertainable errors.
We assume no liability for the usability and completeness of delivered forms (eg checklists ….) And other data (eg documentation ….). These are handed over to our customers for their own responsibility and serve as a guide for the responsible use.
Furthermore, we assume no liability for defects in delivery items, as long as our customer has intervened on the delivery items themselves, or the delivery item is no longer at the place delivered.
All claims beyond these terms, such as conversion, reduction, compensation for indirect damages, are excluded.
Despite careful examination, we can not assume any liability for the content of external links. The content of these pages are the sole responsibility of their operators.
We are fully or partially exempted from punctual performance of the contract if we are prevented from doing so by events of force majeure.
Force majeure events are unpredictable and unavoidable events that are beyond our control (beyond our control). Strike and industrial action and / or energy emergency are to be regarded as events of force majeure.
Dates and deadlines which can not be met by force majeure shall be extended by the duration of the effects of force majeure or, if necessary, by a period to be determined by mutual agreement.
If a friendly solution is not reached, we can withdraw from the contract in whole or in part. In this case, our contractual partner is obliged to reimburse all services provided by us up to this point in time.
Personal data and other data that are transmitted to us are stored and used exclusively for the purpose of processing our contractual relationship and, if applicable, also passed on to participating cooperation partners / vicarious agents as far as this is necessary to fulfill the contract. To this end, our customer gives his consent. The transfer of personal data is therefore voluntary. Our customer has the right to have personal data deleted after the conclusion of the agreed transaction at any time (right of revocation).
The data will not be made available to uninvolved third parties.
If our customer with the agreed payment or other services (contractual obligations) in default, so we can choose
We are entitled to withdraw from the contract:
The withdrawal can also be explained in terms of an outstanding part of the delivery and service for the above reasons.
If insolvency proceedings are opened against the assets of a Contracting Party or if an application for insolvency proceedings is rejected for lack of sufficient assets, the other Contracting Party shall be entitled to withdraw from the contract without granting a grace period.
Without prejudice to our claims for damages, in the event of withdrawal from the contract, services or partial services already rendered shall be settled and payable.
This also applies if the delivery and service has not yet been taken over by the customer and / or for advance services already provided by us. But we also have the right to demand the return of items already delivered.
The assignment of any claims of our customer against us to third parties is excluded and ineffective against us.
Our customer can only offset with undisputed or legally established claims.
Jurisdiction is India
The contract is exclusively governed by Indian law.
All data on this website are protected by copyright and may not be used (unless stated otherwise) with the permission of the copyright holder. Links to this page may be made after prior agreement gladly. Mobile Mafiya shall not be liable for any damage whatsoever arising from the use of the information, downloads and / or data listed here.
Copyright © 2019 Mobile Mafiya All rights reserved. Duplication in whole or in part without express permission is prohibited. All listed trademarks and product names are the property of their respective owners and should be considered as such
For all these links applies: “We would like to emphasize that we have no influence on the design and content of the linked pages. Therefore, we dissociate ourselves hereby expressly from all contents of all linked pages on our entire website including all subpages. This declaration applies to all links on our homepage and to all contents of the pages to which links or banners lead. ”
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Verbal collateral agreements do not exist.
Changes and additions to these conditions and / or the contract itself and / or its supplements must be made in writing in order to be valid.
This also concerns a deviation from this provision itself.
These general terms and conditions remain binding even if individual points are ineffective.
The legally ineffective point is to be replaced by another, which is legally effective and comes as close as possible to the desired economic meaning of the invalid contract