Legal Policy

Karlodeal Real Legal Policy for Buyer and Seller

This Legal Policy (“Policy”) is a legally binding agreement between Karlo Deal Private Limited (“we,” “our,” “us,” or “Karlo Deal”) and any buyer or seller utilizing the services provided by Karlo Deal via the website karlodeal.com (“Platform”). By accessing, browsing, or using our Platform, both the buyer and the seller agree to comply with the terms and conditions set forth in this Policy, including all applicable laws and regulations of India, especially as they pertain to contract law, consumer protection, sale of goods, and intellectual property.

This Policy outlines the rights, duties, and responsibilities of both the buyer and the seller, and the relevant sections of Indian law that apply to each.

1. General Terms and Conditions

1.1 Acceptance of Terms

By using the services provided by Karlo Deal, both buyers and sellers acknowledge and accept the terms and conditions outlined in this Policy. The buyer and seller are bound by the legal terms set forth herein upon initiating a transaction.

1.2 Jurisdiction and Governing Law

This Policy is governed by the laws of India, specifically the Indian Contract Act, 1872, the Sale of Goods Act, 1930, the Consumer Protection Act, 2019, and the Information Technology Act, 2000, along with other applicable rules and regulations.

Any dispute arising out of or in connection with this Policy shall be subject to the jurisdiction of the courts in Delhi, India, where Karlo Deal operates its business.

1.3 Modification of Terms

Karlo Deal reserves the right to modify or update this Policy at any time. Updated versions of the Policy will be published on our Platform, with the effective date clearly stated. It is the responsibility of both buyers and sellers to review these terms periodically to ensure awareness of any changes.

2. Buyer’s Rights and Obligations

2.1 Right to Information

Under Section 7 of the Consumer Protection Act, 2019, buyers have the right to receive clear, accurate, and comprehensive information about the product or service they are purchasing. This includes details about the vehicle, such as its condition, price, model, and any other relevant specifications.

2.2 Right to Cancel or Return (Subject to Refund Policy)

As per Section 15 of the Consumer Protection Act, 2019, buyers have the right to cancel a purchase within a specific period, typically 12 hours from the time of purchase, provided the refund request aligns with our Refund Policy.

2.3 Obligation to Pay

Under Section 2 of the Indian Contract Act, 1872, the buyer must make payment for the vehicle as per the agreed terms of the contract. Failure to pay or dishonoring payment obligations may lead to breach of contract claims, as stipulated under Section 73 of the Indian Contract Act, 1872.

2.4 Obligation to Pickup Vehicle

The buyer must pick up the vehicle from the agreed location within the stipulated timeframe, as per the Shipping Policy. Failure to pick up the vehicle may result in the cancellation of the sale, and the forfeiture of any advance payments as per the agreement between the buyer and seller.

3. Seller’s Rights and Obligations

3.1 Right to Accept or Reject Offers

Sellers are entitled to accept or reject offers from buyers as per the Indian Contract Act, 1872 (Sections 2 and 7), which stipulates that a valid contract requires mutual consent. Sellers have the right to set the price and terms of sale, and the buyer’s offer is considered a proposal that may or may not be accepted by the seller.

3.2 Obligation to Deliver Goods in Agreed Condition

Under Section 16 of the Sale of Goods Act, 1930, the seller has the duty to deliver the vehicle as per the terms agreed upon with the buyer, and the vehicle must conform to the agreed-upon specifications. Any misrepresentation of the vehicle’s condition may result in legal consequences under the Consumer Protection Act, 2019, and Section 19 of the Sale of Goods Act, 1930, which provides remedies for breach of contract.

3.3 Obligation to Provide Clear Title

As per Section 23 of the Sale of Goods Act, 1930, the seller is obligated to transfer a clear title to the buyer. The seller must ensure that the vehicle is free from any encumbrances or legal disputes.

4. Contractual Agreement Between Buyer and Seller

4.1 Formation of a Contract

The contract between the buyer and the seller is formed when the buyer accepts the seller’s offer through the Platform, as outlined in the Indian Contract Act, 1872. The contract is legally binding once both parties agree on the terms, including price, payment method, delivery location, and timeframes for completion of the transaction.

4.2 Breach of Contract

If either the buyer or seller fails to fulfill their contractual obligations, they are in breach of the contract. For instance, if the buyer fails to pay or collect the vehicle as per the terms of the agreement, or if the seller fails to deliver the vehicle as per the agreed condition, the aggrieved party has the right to claim damages or specific performance under Section 73 and Section 74 of the Indian Contract Act, 1872.

4.3 Force Majeure

Neither party will be liable for any failure to perform due to causes beyond their reasonable control (such as natural disasters, government actions, or other unforeseen events), as outlined in the Indian Contract Act, 1872 (Section 56). Both parties must notify the other promptly of such circumstances and agree on a course of action.

5. Dispute Resolution Mechanisms

5.1 Consumer Complaints and Redressal

In case of dissatisfaction with the transaction or service, both buyers and sellers may file complaints with the Consumer Forum under the Consumer Protection Act, 2019. The Act establishes a grievance redressal mechanism that empowers buyers to seek remedy in cases of defective goods, misrepresentation, or unfair trade practices.

5.2 Arbitration and Mediation

In the event of a dispute, both parties agree to first attempt mediation or arbitration as a means of dispute resolution. As per Section 89 of the Code of Civil Procedure, 1908, mediation or arbitration can be used as an alternative to litigation, aiming for a swift resolution.

5.3 Court Jurisdiction

If alternative dispute resolution mechanisms fail, the courts in Delhi will have exclusive jurisdiction to resolve any legal disputes arising from the buyer-seller transaction.

6. Intellectual Property Rights

6.1 Ownership of Content

All content, trademarks, logos, and intellectual property provided by Karlo Deal (whether on the website, advertisements, or other materials) is owned by Karlo Deal Private Limited and is protected under Indian Copyright Act, 1957 and Indian Trademarks Act, 1999. Any unauthorized use of this content will be subject to legal action.

6.2 License to Use Content

Both buyers and sellers are granted a limited, non-exclusive, non-transferable license to access and use the content provided on the Platform solely for the purpose of engaging in transactions on karlodeal.com. Unauthorized copying, reproduction, or distribution of this content is prohibited.

7. Limitation of Liability

7.1 Limitation on Liability of Karlo Deal

Karlo Deal is not liable for any loss, damage, or injury arising from the buyer’s or seller’s use of the Platform, except in cases where it is directly caused by our gross negligence or willful misconduct. In no event shall Karlo Deal be liable for indirect, consequential, or punitive damages, including but not limited to loss of profits, goodwill, or business opportunity.

7.2 Buyer and Seller Indemnity

Both the buyer and the seller agree to indemnify and hold harmless Karlo Deal against any third-party claims arising from the violation of this Policy or any applicable laws. This includes any legal costs and damages arising from disputes between the buyer and the seller.

8. Miscellaneous Provisions

8.1 Severability

If any provision of this Policy is found to be unlawful, void, or unenforceable, the remaining provisions will continue to be valid and enforceable.

8.2 Entire Agreement

This Policy constitutes the entire agreement between the buyer and seller regarding their transaction on karlodeal.com, and supersedes all prior or contemporaneous communications, proposals, or agreements.

8.3 Force Majeure

Neither party will be held responsible for any failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, government actions, war, strikes, or other unforeseen events.

Conclusion:

By using karlodeal.com, both the buyer and the seller acknowledge and agree to the terms and conditions set forth in this Policy. This legal framework ensures the smooth operation of transactions on the Platform and provides clear guidelines on rights, responsibilities, and remedies under applicable Indian laws.

This Legal Policy is designed to comply with Indian contract law, the Sale of Goods Act, 1930, the Consumer Protection Act, 2019, and other relevant statutes.