Terms and Conditions

THESE TERMS AND CONDITIONS SHALL APPLY TO GROUP BUY. BEFORE SENDING ANY ORDERS FOR GROUP BUY, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AND PAY SPECIAL ATTENTION TO CLAUSE 9 BELOW. BY SUBMITTING YOUR ORDER FOR GROUP BUY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

Any qualified sellers who are engaging in Group Buy on the Pharmint.com International Website (“com”) (“Participating Sellers”) shall make available certain items (“Participating Products”) and define (a) the MOQ and (b) the TOQ. A single Group Buy order (a “Group Buy Order”) placed by any buyer is referred to as a “Group Buy Order” if it contains a minimum order quantity (MOQ) for any Participating Product. “TOQ” shall refer to (a) the minimum total order quantity to be obtained from one or more Group Buy Orders at the conclusion of the Available Period (as defined below) determined by a Participating Seller as a prerequisite for fulfilling the Group Buy Orders and (b) the total order quantity necessary to be satisfied by one (1) or more buyer(s) in aggregate in any one (1) Each of the Participating Products may be the subject of one or more Group Buy Order(s).
On the relevant webpage for a prescribed period, all Participating Products are indicated (“Available Period”) for acceptance of orders from the interested buyers. At the end of the Available Period, any buyer can place a Group Buy Order on Pharmint.com for any quantity not less than the MOQ. Settlement of payment shall be required to be done within the Available Period in order to complete the Group Buy Order by such buyer. The Condition for Fulfilment (as defined below) shall not be taken into account in respect of the relevant quantity in case of incomplete Group Buy Order or non-settlement of the relevant payment (“Payment”).

It shall be required of all the Participating Sellers to fulfill the Group Buy Order(s) which is placed by one or more buyer(s) provided that the total number of the relevant Participating Products at the end of the Available Period should have been completed the relevant TOQ (“Condition of Fulfilment”). To avoid any doubt, the TOQ shall be deemed to have been completed if the total number of the relevant Participating Product shall be equal to or have exceeded the number of TOQ at the end of the Available Period. The basis of determining whether the Condition of Fulfilment for any Participating Product has been achieved shall be the total number of Participating Product which is ordered by buyer(s) by placing valid Group Buy Order(s) depicted on the webpage of Group Buy at the end of Available Period unless otherwise determined by Pharmint.com.
Unless otherwise determined by Pharmint.com, the basis for determining whether the Condition for Fulfilment for any Participating Product has been achieved shall be based on the total number of the relevant Participating Product ordered by buyer(s) (by placing valid Group Buy Order(s)) as shown on the webpage of Group Buy at the end of the Available Period.
In order to dispel any doubt, unless otherwise determined by any Participating Seller, the Participating Seller is not obliged to fulfill any Group Buy Order(s) for any Participating Product, if at the end of the Available Period the Condition of Fulfilment has not been achieved. The Participating Seller reserves the right to cancel any Group Buy Order(s) thereafter and proceed to refund the buyer(s) any amount of money that may have been therefrom received.

On the basis of the above, each and every buyer agrees and acknowledges that the placement of any Group Buy Orders will not be absolutely binding on the relevant Participating Seller until and unless it is confirmed at the end of the Available Period the Condition for Fulfilment has been achieved.
The Participating Seller shall complete each of the relevant Group Buy Order(s) in accordance with any agreement(s) entered into between the Participating Seller and each of the individual buyers in the event that the Condition for Fulfillment for any Participating Product is judged to have been met.

Whereas, if the Condition for Fulfillment for any Participating Product is considered to have not been met, any Group Buy Order submitted in connection to that Participating Product shall be canceled in line with Clause 6 above. The applicable purchaser(s) will be eligible for a refund of the Payment (“Refund”). For the avoidance of doubt, and notwithstanding anything to the contrary, each buyer therefore recognizes and accepts that they alone are responsible for paying all charges, expenditures, fees, and/or taxes that may be incurred when making the Payment (including but not limited to any payment transaction fee) and/or during the Refund to the Buyer.
It’s possible that Group Buy won’t be accessible in the event that it is discontinued or suspended by any relevant authority, suffers a significant network attack, or experiences a system error. A circumstance like this is considered a force majeure event. Pharmint.com and any Participating Seller are not responsible for any damages or claims arising out of this transaction.
If there is a disagreement, Pharmint.com will, in its sole discretion, rely on its records to assess the timing and legality of any transactions under this agreement. The record kept by Pharmint.com shall be final and binding in the event of any difference between the record of a transaction held by any buyer and the record kept by Pharmint.com.

Pharmint.com retains the right to change Group Buy (or any portion of it) and to modify or discontinue these Terms and Conditions at any time and without prior notice. The decision of Pharmint.com shall be final and binding in the event of disputes.
Despite anything to the contrary in these Terms and Conditions, Pharmint.com maintains the right and entire discretion to disqualify, cancel, or revoke the right of any buyer to use Group Buy without any obligation, upon its discovery of any participation of dishonest, malicious, fraudulent, unlawful, and/or inappropriate conduct, or of a violation of these Terms and Conditions by the buyer. Pharmint.com maintains the right to file a lawsuit if it determines that doing so is necessary.

Additionally, Group Buy use is controlled by and governed by Pharmint.com’s normal user agreements and/or guidelines (including but not limited to the Terms of Use and Transaction Services Agreement). The terms of this agreement shall take precedence over any rules and/or information shown elsewhere on Pharmint.com in the event that any of these terms contradict those provisions.
Any Trade Assurance orders filed by purchasers will have a default Incoterms assigned to them by default. Whereas any Trade Assurance orders submitted by sellers are subject to the delivery method and Incoterms that are mutually agreed upon by the seller and buyer.
You may have to pay customs duties, taxes, and/or other relevant expenses and/or fees that may be imposed by such policies, depending on the local tax and customs laws of the destination country where you are situated.

DISCLAIMER OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Pharmint.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (LOSS OF USE, DATA LOSSES, BUSINESS, WHETHER SUCH LIABILITY, ARISES IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT PHARMINT.COM HAS BEEN ADVISED, OR A COPY PURCHASE BY PURCHASER; ARISING OUT OF OR RELATED TO THE USE OF THE POTENTIAL OF SUCH LOSS OR DAMAGE.

Each buyer understands and accepts that Pharmint.com and/or any of its affiliates are not responsible for any dispute or claim that results from the buyer’s use of Group Buy and are not liable to it or anyone else in connection therewith.
These Terms and Conditions are governed, construed, and enforced in accordance with Indian law, without respect to its conflict of laws rules. Any and all legal actions, claims, or procedures resulting from or related to, this agreement must be filed in an Indian court having appropriate jurisdiction.
If there is a content disagreement between the English and any non-English language versions of these Terms and Conditions (if any), the English version will take precedence.