Terms of service

1 Nature of the Website and Eligibility

The Website is an e-commerce platform, built on Shopify, through which Encore Biomedicals sells IVD Rapid Test Kits, Laboratory Reagents, Dry CLIA Analyzers (including the Enlight DC-80), Consumables and related laboratory products. Many of the Products are intended solely for use by, or under the supervision of, qualified diagnostic laboratories, hospitals, healthcare professionals and authorised distributors, and are not intended for home or self-use by consumers unless expressly labelled as such and permitted under applicable law. By placing an order, you confirm that: (a) you are at least 18 years of age and legally competent to contract under the Indian Contract Act, 1872; (b) where you are purchasing on behalf of an institution, you are duly authorised to do so; and (c) you will procure and use the Products only for lawful purposes consistent with their labelled intended use.

2 Account Registration

You may be required to create an account on the Website to place orders. You agree to provide accurate, current and complete information during registration and to keep such information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities conducted through your account. Encore Biomedicals reserves the right to suspend or terminate accounts that provide false information or are used in violation of these Terms.

3 Product Listings, Pricing and Availability

•       All Products are subject to availability. We reserve the right to limit quantities, discontinue any Product, or refuse any order at our sole discretion, including where a Product is intended for professional/institutional use and the purchaser's credentials cannot be verified.

•       Prices displayed on the Website are in Indian Rupees (INR) and are exclusive of applicable Goods and Services Tax (GST) unless stated otherwise; GST will be added at checkout as per applicable rates and a GST-compliant tax invoice will be issued for every order.

•       We make reasonable efforts to ensure that product descriptions, specifications, images and pricing on the Website are accurate; however, we do not warrant that such content is error-free. In the event of a pricing or listing error, we reserve the right to cancel the affected order and issue a full refund.

•       Product images are for representation purposes; actual packaging, kit configuration or accessories may vary.

4 Order Placement and Acceptance

Placement of an order through the Shopify checkout constitutes an offer by you to purchase the selected Products, subject to these Terms. An order is confirmed only upon our issuance of an order confirmation email/invoice; a payment confirmation alone does not constitute acceptance of the order. We reserve the right to cancel or refuse any order, including where: (a) the Product is out of stock; (b) fraud or unauthorised/suspicious transaction is suspected; (c) the delivery address falls outside our serviceable area; (d) the purchaser's professional/institutional status cannot be verified for restricted-use Products; or (e) there is a pricing, description or typographical error.

5 Regulatory Status of Products

Certain Products sold on the Website are In-Vitro Diagnostic Medical Devices regulated under the Medical Devices Rules, 2017 (as amended) notified under the Drugs and Cosmetics Act, 1940, and are subject to CDSCO registration/licensing requirements as applicable. Customers purchasing such Products, particularly distributors, are responsible for ensuring that they hold any wholesale/distribution licences required under applicable law to further sell or supply such Products. Encore Biomedicals sells Products only to the extent permitted under its own regulatory authorisations.

6 Payments

Payments for orders placed on the Website are processed through Shopify's integrated, PCI-DSS compliant payment gateway(s). Please refer to our Payment Policy for accepted payment modes, invoicing and related terms.

7 Shipping and Risk of Loss

Shipping timelines, charges and related terms are set out in our Shipping & Delivery Policy. Risk in the Products, including risk of damage or loss in transit for reasons not attributable to Encore Biomedicals' packaging, shall pass to the Customer upon handover of the Products to the courier/logistics partner, subject to our obligations to assist with claims for carrier-caused damage as set out in the Shipping & Delivery Policy and Return, Refund & Cancellation Policy.

8 Returns, Refunds, Cancellations and Warranty

Returns, replacements, cancellations and refunds are governed by our Return, Refund & Cancellation Policy. Warranty coverage for Dry CLIA Analyzers (including the Enlight DC-80) and other instruments is governed by our Warranty Policy. Given the nature of diagnostic kits and reagents as products whose integrity, sterility and cold-chain status cannot be verified once dispatched or unsealed, such items are subject to the return restrictions set out in the Return, Refund & Cancellation Policy.

9 Intended Use, Professional Judgment and Limitation of Liability

The Products are intended to be used strictly in accordance with their labelling, instructions for use (IFU) and any applicable regulatory approvals, and, in the case of diagnostic kits and analyzers, by trained personnel within a suitably equipped laboratory environment. Test results generated using the Products should always be interpreted by a qualified healthcare professional in conjunction with clinical findings and other diagnostic information; the Products are not intended to be a sole basis for diagnosis or treatment decisions. To the maximum extent permitted by applicable law, Encore Biomedicals shall not be liable for any diagnostic, clinical or treatment decision made in reliance on results generated by the Products, or for any indirect, incidental, consequential or special damages arising from the use or misuse of the Products, save that nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited under applicable Indian law, including liability under the Consumer Protection Act, 2019 or in respect of defective products causing death or personal injury due to Encore Biomedicals' proven negligence.

10 Intellectual Property

All content on the Website, including the Encore Biomedicals name, logo, trademarks, product names, packaging design, text, graphics, images, software and the overall "look and feel" of the Website, is the property of Encore Biomedicals Pvt. Ltd. or its licensors and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable intellectual property laws. No content on the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner without the prior written consent of Encore Biomedicals, except for your own internal, non-commercial reference in connection with a purchase.

11 User Conduct

You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorised access to the Website, its servers or any connected systems; (c) upload or transmit viruses or malicious code; (d) scrape, mine or harvest data from the Website without authorisation; or (e) misrepresent your identity, professional credentials or authority to purchase restricted-use Products.

12 Third-Party Services

The Website relies on third-party services, including Shopify (platform hosting and checkout), payment gateway providers and courier/logistics partners. Encore Biomedicals is not responsible for outages, errors or acts/omissions of such third-party service providers that are beyond its reasonable control, though we will make reasonable efforts to assist Customers in resolving related issues.

13 Disclaimer of Warranties

Except as expressly stated in our Warranty Policy or as required under applicable law, the Website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, regarding uninterrupted access, error-free operation, or fitness for a particular purpose beyond the Products' labelled intended use.

14 Indemnification

You agree to indemnify and hold harmless Encore Biomedicals, its directors, officers and employees from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your breach of these Terms, misuse of the Products outside their labelled intended use, or violation of applicable law.

15 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to the dispute resolution provisions below, the courts at [City of Registered Office, e.g., "Mumbai"] shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or use of the Website.

16 Dispute Resolution

In the event of any dispute, controversy or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute is not resolved within thirty (30) days, either party may refer the dispute to arbitration under the Arbitration and Conciliation Act, 1996, to be conducted by a sole arbitrator mutually appointed by the parties, with the seat and venue of arbitration at [City], and the proceedings conducted in the English language. This clause does not affect a Customer's right to approach a consumer forum/commission under the Consumer Protection Act, 2019.

17 Amendments

We reserve the right to amend these Terms at any time by posting the revised Terms on the Website with an updated "Last Updated" date. Continued use of the Website following such amendment constitutes your acceptance of the revised Terms.

18 Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Encore Biomedicals regarding use of the Website.