Terms & Conditions

"End User" or "Buyer" or "Customer" accessing the website are required to read and accept all of the terms and conditions laid down in this Terms and Conditions ("Terms and Conditions" or "T&C" or "Terms" or "Agreement") before you may use www.craftemporio .com. Please note that by subscribing to or using any of our services you agree that you have read, understood and are bound by these terms and conditions, regardless of how you subscribe to or use the services of craftemporio.com. If you do not want to be bound by these terms and conditions, you must not subscribe to or use our services.

The Company provides the goods and services to you subject to the T&C.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE (or any future site operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE SITE, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.

www.craftemporio.com website ("Website") is an Internet based content and e-commerce portal operated by Kashi Handicrafts Private Limited, a company incorporated under the laws of India.

 

 

To read the complete Terms and Conditions, please see below:

Description of Services:

www.craftemporio .com enables users to purchase handicrafts, handlooms, paintings and jewellery etc.(collectively, "Products"). Upon placing an order, www.craftemporio.com shall ship the product to you and be entitled to its payment for the Services.

Your Account:

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. In consideration of your use of the site, you will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.craftemporio.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Craftemporio.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Rules of Conduct and Site:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

1) Post any content which is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
2) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
3) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
4) Post content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming".
5) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
6) Conduct or forward surveys, contests, pyramid schemes or chain letters.
7) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
8) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
9) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
10) Violate any applicable laws or regulations for the time being in force in or outside India.
11) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
12) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

 

Amendment: Kashi Handicrafts Private Limited (Henceforth referred to as Craftemporio.com)

reserves the right to change this Website and/or alter the terms and conditions of this User

Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User

Agreement or rules and policies incorporated herein by reference will only be notified on the website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.] By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by craftemporio.com Rules and Policies for Buyers.

 

Payment on Billing shall mean a Transaction where the payment for the items purchased is paid

through the (i) PayU Facility (ii) COD

 

Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing) by craftemporio.com through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.

 

Dispatch/ Dispatched shall mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.

Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the Logistics Partner is obligated to provide to the Company [on the Website] as proof that the item has been Dispatched and/or Delivered, as the case may be.

 

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial Issuing Bank in respect of a buyer means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, PayU Facility supports online bank transfers from the banks that are available while selecting the PayU Facility as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being posted on the Website.]

 

Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.

 

Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by craftemporio.com on the Website. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by craftemporio.com

 

Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.

 

Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account. [The Buyer Bank Account is required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].

 

PayU Facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers to facilitate purchase and sale of items and making payments there for on the Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, PayU Facility supports online bank transfers from the banks that are available while selecting the PayU Facility as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being posted on the Website.]

 

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by www.craftemporio.com

Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. The PayU Facility is available to Buyers who hold a Valid Card or Valid Bank Account. Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

    

Refunds and Cancellations:

We at craftemporio.com believe in keeping our dear customers happy and satisfied with all their experiences with us.  At the same time, we would be there to help you whenever you need due to any circumstances. As a first step we are laying out our cancellation and return policy to take care of your hassles.

ORDER NOT SHIPPED YET: In case of cancellations, no cash refund will be made; however, you will receive the paid amount in the form of Credits which can be used on your next purchase anytime during the next 6 months.

ORDER SHIPPED: Once the order has been shipped from our warehouse, you will not be entitled for any refund and it will become a return on your side. It means that you will have to return the product once delivered at your place.

ORDER WAS DAMAGED WHEN RECEIVED: We take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond our control, the items delivered might get damaged in transit. We would be more than happy to replace or cancel your order under such circumstance.

 

Please note: 

  • You must inform us about your return decision within 48 hours from the date of delivery. Mail us at info@craftemporio.com. 
  • The return of the product is to be done on your side and you will have to bear the expenses of return shipping. We currently do not provide a reverse pick up service. We shall provide you the shipping address as to where the item has to be returned.
  • The product should reach there in its original condition without any damage or any other kind of tampering. 
  • The product should be returned in a well packed box so as to avoid any damage in the transit. 
  • The shipping address provided by craftemporio.com should be clearly mentioned on the package to be returned and in complete detail. 
  • Customized orders are in no way eligible for cancellation.


INCORRECT ITEMS RECEIVED: We are proud of the robustness of our fulfilment process and the right shipment would reach the right person at the right place. In case you receive items that are different from the ones you ordered, we will ship the right items to you right away. Please send us an email at info@craftemporio.com with the order ID and complaint details. Refund would be processed after the item has reached back to us.

Exactness Not Guaranteed:

Craftemporio.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations.

Intellectual Property Rights:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, craftemporio.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to craftemporio.com without obtaining authorization from craftemporio.com.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links to Third Party Sites:

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of craftemporio.com or the Website and craftemporio.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Craftemporio.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Craftemporio.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by craftemporio.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation Of Liability:

Craftemporio.com has endeavored to ensure that all the information on the Website is correct, but craftemporio.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall craftemporio.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall craftemporio.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, craftemporio.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond craftemporio.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification:

You agree to indemnify, defend and hold harmless craftemporio.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by craftemporio.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms and conditions.

Pricing:

Prices for products are described on our Website and are incorporated into these terms and conditions by reference. Prices, products and services may change at craftemporio.com's discretion. Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Craftemporio.com will try to be accurate, however if you come across any difference in pricing on our Website pre and post orders, we request you to contact us within 3 days of placing your order. Craftemporio.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on Delivery order refunds will be done by Cheque. If craftemporio.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

Billing:

Price of our merchandise is inclusive of the VAT and CST. The VAT/CST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Craftemporio.com reserves the right to collect taxes for shipping charges wherever applicable.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon craftemporio.com's shipment to the shipping carrier. Craftemporio.com reserves the right to collect taxes for shipping charges wherever applicable.

Termination:

Craftemporio.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or craftemporio.com terminates your use of the Website or any Service, craftemporio.com may delete any content or other materials relating to your use of the Service and craftemporio.com will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Fraudulent /Declined Transactions:

Our fraud detection team constantly monitors the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and craftemporio.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Craftemporio.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, craftemporio.com reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, craftemporio.com shall owe no liability for any refunds.

Credit Card Details:

You agree, understand and confirm that the credit card details provided by you for availing of services on craftemporio.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to craftemporio.com. Further the said information will not be utilized and shared by craftemporio.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Craftemporio.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Laws and Jurisdiction:

These terms shall be governed by and constructed in accordance with the laws of India. The place of jurisdiction shall be Varanasi.

Severability:

If any provision of the terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these terms and conditions, users are solely responsible for every material or content uploaded on to the Website. Craftemporio.com does not review the contents in any way before they appear on the Website.Craftemporio.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these terms and conditions, please report to info@craftemporio.com.

Mispricing:

Despite our best efforts, a small number of the many hundreds of items in our catalogue may be mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.

Promotions/Contests/Offers/Campaigns:

1) Discounts will be applied to the total merchandise value excluding VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
2) Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
3) Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered.
4) Promotional discount coupons - We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
5) Craftemporio.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
6) Craftemporio.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. craftemporio.com, at its discretion, can withdraw a particular scheme from the website or market.
7) In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at info@craftemporio.com.
8) While participating in any craftemporio.com contest you hereby agree to release and hold craftemporio.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.

Copyright complaint:

We at craftemporio.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at admin@craftemporio.com.

Risk of loss:

All items purchased from craftemporio.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Our Contact:

Please send any questions or comments regarding the website to info@craftemporio.com

 

  • Terms of Use

You understand and agree that the Company and the Website merely provide hosting services to its users who access the Website for purchase of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so. Currently the membership on the Website is free and the Company does not levy any charges/fees for browsing on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by the Company through the Website such as packing, warehousing, courier etc. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately  after they are posted on the Website. All fees/ charges shall be quoted in Indian Rupees and shall be payable to Kashi Handicrafts Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non-payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Company also reserves the right to take any legal action against you in case of any non-payment of charges/fees to the Company. If you purchase anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference. You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner. The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on the Website. Any information provided by you to the Company or submit on the Website or provide or display to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company or the Website merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.

 

  • User Obligations

All contractual terms of the manner and terms and conditions of delivery, payment, insurance etc. between the buyer and craftemporio.com shall be independently agreed with the other users of the Website that you may transact with. You will treat the Website as a mere passive conduit which is used as a platform by Users to create listings or provide  nformation so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased. You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data if any. You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept. You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action. In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at info@craftemporio.com. If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents. You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so. You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing. You shall not attempt to 'double dip' during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer as the case maybe.