1. INTRODUCTION
This Shipping & Delivery Policy ("Policy") governs the shipment, transportation, dispatch, delivery, export, import, customs clearance, and receipt of Products purchased through www.surgestore.in ("Website"), operated by Jindal Medi Surge ("JMS", "Company", "we", "our", or "us"), having its registered office at:
5A/5 Ansari Road, Darya Ganj, New Delhi – 110002, India.
This Policy forms an integral part of the Company's Terms & Conditions, Refund & Return Policy, Privacy Policy, Medical Device Disclaimer, and other Website policies.
By placing an order through the Website, the Purchaser acknowledges that they have read, understood, and agreed to this Policy.
Nothing in this Policy is intended to exclude any liability, right, remedy, or protection that cannot legally be excluded under Applicable Law.
2. SHIPPING COVERAGE
SurgeStore.in may ship Products:
Within India;
Internationally;
Through third-party logistics providers;
Through courier services;
Through freight carriers; and
Through other transportation providers.
Shipping is subject to:
Product availability;
Applicable Law;
Export restrictions;
Import restrictions;
Customs requirements;
Regulatory requirements;
Carrier availability; and
Destination restrictions.
JMS reserves the right to refuse, suspend, restrict, or cancel shipment to any country, territory, organization, institution, address, or individual where shipment may create legal, regulatory, safety, compliance, logistical, or commercial risk.
3. ORDER PROCESSING
Orders are generally processed only after applicable:
Order verification;
Payment confirmation;
Product availability verification;
Regulatory review;
Documentation review;
Customer verification; and
Shipping feasibility assessment.
Processing times may vary according to:
Product type;
Stock availability;
Manufacturing or procurement requirements;
Regulatory requirements;
Documentation;
Customs requirements;
Destination;
Carrier availability; and
Other circumstances.
Any processing time displayed on the Website is an estimate only and is not a guaranteed delivery commitment.
4. SHIPPING METHODS
JMS may use, at its discretion:
Courier services;
Postal services;
Freight carriers;
Logistics providers;
Specialized medical logistics providers;
International shipping companies;
Freight forwarders; and
Other third-party transportation providers.
Unless otherwise agreed in writing, JMS shall determine the appropriate carrier and shipping method.
The Purchaser acknowledges that JMS does not control the internal operations, schedules, employees, systems, security, customs processes, or performance of third-party carriers.
5. DELIVERY ESTIMATES
All delivery dates, shipping times, transit times, estimated arrival dates, and delivery schedules displayed on the Website, quotation, invoice, communication, or otherwise provided by JMS are estimates only.
JMS does not guarantee:
Dispatch dates;
Delivery dates;
Transit times;
Customs clearance times;
Carrier schedules;
International delivery times;
Availability of transportation services; or
Successful delivery within any particular period.
A delay in delivery shall not, by itself, constitute a breach of contract or create liability against JMS, except where Applicable Law expressly provides otherwise.
6. SHIPPING DELAYS
Delivery or dispatch may be delayed because of circumstances beyond JMS's reasonable control, including:
Customs inspections;
Customs clearance;
Government action;
Regulatory review;
Import restrictions;
Export restrictions;
Carrier delays;
Transportation disruptions;
Weather;
Natural disasters;
Labor disputes;
Strikes;
Supply-chain disruption;
Product shortages;
Public-health emergencies;
Political instability;
Civil unrest;
War;
Sanctions;
Cyber incidents;
Infrastructure failures;
Port closures;
Airline restrictions;
Courier restrictions; or
Force majeure events.
To the maximum extent permitted by Applicable Law, JMS shall not be liable for losses, costs, damages, penalties, or expenses arising from such delays.
7. SHIPPING CHARGES
Shipping charges may depend upon:
Product type;
Weight;
Dimensions;
Destination;
Shipping method;
Insurance;
Customs requirements;
Special handling requirements;
Regulatory requirements; and
Carrier charges.
Shipping charges displayed during checkout may be estimates where final carrier or destination charges cannot be determined automatically.
Where additional charges become applicable, JMS may request payment before shipment or may cancel the order where permitted by Applicable Law.
8. INTERNATIONAL SHIPPING
International Purchasers acknowledge that Products may be subject to different laws and regulatory requirements in different countries.
The Purchaser is solely responsible for determining whether a Product may legally be:
Imported;
Registered;
Possessed;
Distributed;
Resold; or
Used
in the destination country.
JMS does not guarantee that any Product is approved, registered, licensed, cleared, or legally saleable in any particular jurisdiction.
The Purchaser is solely responsible for obtaining all required:
Import permits;
Import licenses;
Product registrations;
Regulatory approvals;
End-use certificates;
Government permissions;
Professional authorizations;
Local licenses; and
Other required documentation.
9. CUSTOMS, DUTIES, TAXES AND GOVERNMENT CHARGES
International shipments may be subject to:
Customs duties;
Import taxes;
VAT;
GST;
Brokerage fees;
Inspection fees;
Storage charges;
Demurrage;
Government fees;
Regulatory fees;
Customs processing fees; and
Other destination-country charges.
Unless expressly stated otherwise, such charges are the sole responsibility of the Purchaser.
JMS shall not be responsible for additional costs imposed by customs authorities, governments, carriers, brokers, or other third parties.
10. CUSTOMS CLEARANCE
The Purchaser acknowledges that JMS has no control over customs authorities.
Customs authorities may:
Inspect shipments;
Open packages;
Request documents;
Hold shipments;
Require testing;
Impose additional charges;
Reject imports;
Seize Products;
Destroy Products; or
Return Products.
To the maximum extent permitted by Applicable Law, JMS shall not be liable for any loss, delay, cost, seizure, destruction, rejection, storage charge, or other consequence resulting from customs or governmental action.
11. REGULATORY COMPLIANCE
Certain Products may be subject to medical-device, healthcare, veterinary, professional-use, prescription, import, export, or other regulatory requirements.
The Purchaser is solely responsible for ensuring that all Applicable Laws in the destination jurisdiction are satisfied.
JMS may request documentation before dispatch.
Failure to provide required documentation may result in:
Shipment delay;
Shipment refusal;
Order cancellation; or
Other appropriate action.
JMS shall not be liable for the Purchaser's failure to satisfy local regulatory requirements.
12. PRESCRIPTION, HOSPITAL AND PROFESSIONAL-USE PRODUCTS
Products identified as:
Prescription Required;
Hospital Use Only;
Professional Use Only;
Restricted Sale;
Regulated Product; or
Subject to special authorization
may require verification before dispatch.
JMS may:
Request documentation;
Verify authorization;
Delay shipment;
Refuse shipment; or
Cancel the order
where legally, regulatorily, operationally, or reasonably necessary.
13. SHIPPING ADDRESS
The Purchaser is solely responsible for providing accurate:
Name;
Address;
Postal code;
Telephone number;
Email address;
Delivery instructions; and
Other information required for delivery.
JMS shall not be liable for failed, delayed, misdirected, returned, or additional-cost deliveries caused by inaccurate or incomplete information provided by the Purchaser.
Additional shipping, storage, handling, or reshipment charges may apply.
14. DELIVERY CONFIRMATION
Subject to Applicable Law and the carrier's procedures, delivery may be considered completed when the shipment is:
Signed for by the recipient;
Delivered to the supplied address;
Delivered to an authorized representative;
Delivered to a reception desk or mailroom;
Delivered to a designated delivery location; or
Recorded by the carrier as delivered.
Carrier tracking records and proof of delivery may be relied upon by JMS when evaluating delivery disputes.
15. RISK OF LOSS AND TRANSPORTATION
To the maximum extent permitted by Applicable Law and subject to the applicable shipping terms agreed for the transaction, risk associated with transportation shall transfer to the Purchaser upon handover of the shipment to the applicable carrier.
JMS shall not be responsible for loss, theft, damage, deterioration, delay, misrouting, confiscation, or destruction occurring after transfer of responsibility to the carrier, except where Applicable Law requires otherwise.
Where insurance has been purchased or provided, any claim may be subject to the applicable carrier or insurer's terms and procedures.
16. INSPECTION UPON DELIVERY
The Purchaser should inspect the shipment immediately upon delivery.
Claims relating to apparent:
Transit damage;
Missing items;
Incorrect Products;
Packaging damage; or
Other delivery discrepancies
should be notified to JMS within:
48 hours of delivery.
The Purchaser should retain the original packaging, shipping labels, photographs, delivery records, and other evidence until the matter is resolved.
Failure to notify JMS within the stated period may affect the ability to investigate or process a claim, subject to Applicable Law.
17. LOST SHIPMENTS
If a shipment is reported lost, JMS may investigate the matter with the applicable carrier.
The investigation may rely upon:
Tracking information;
Carrier records;
Proof of dispatch;
Proof of delivery;
Customs records; and
Other available evidence.
JMS does not guarantee reimbursement for carrier-related losses.
Where legally responsible, JMS's liability shall remain subject to the liability limitations contained in this Policy and the Terms & Conditions.
18. REFUSED DELIVERY
If the Purchaser refuses delivery, the Purchaser may remain responsible, to the maximum extent permitted by Applicable Law, for:
Original shipping charges;
Return shipping;
Customs charges;
Duties;
Taxes;
Storage charges;
Carrier charges;
Handling charges; and
Other costs incurred as a result of the refusal.
Any refund shall be governed by the Company's Refund & Return Policy.
19. UNDELIVERABLE SHIPMENTS
A shipment may become undeliverable because of:
Incorrect address;
Customer unavailability;
Refusal to accept delivery;
Customs restrictions;
Import restrictions;
Regulatory restrictions;
Failure to provide documentation;
Failure to pay applicable charges; or
Other circumstances beyond JMS's control.
Before reshipment, JMS may require payment of applicable additional:
Shipping charges;
Storage charges;
Handling charges;
Customs charges;
Administrative charges; and
Other third-party costs.
20. PRODUCT AVAILABILITY
Inventory displayed on the Website may not represent real-time inventory.
JMS does not guarantee continuous availability of any Product.
Products may become:
Temporarily unavailable;
Backordered;
Discontinued;
Recalled;
Restricted;
Modified; or
Permanently unavailable.
JMS may, where appropriate and permitted, partially fulfill an order, place Products on backorder, or cancel unavailable Products.
21. NO GUARANTEE OF CONTINUOUS SUPPLY
JMS does not guarantee uninterrupted or continuous supply of any Product.
Product availability may be affected by:
Raw-material availability;
Manufacturing capacity;
Supplier availability;
Regulatory requirements;
Government restrictions;
Transportation;
Market conditions;
Product discontinuation; or
Other circumstances beyond JMS's reasonable control.
22. CARRIER RESPONSIBILITY
Once a shipment has been handed over to a carrier, the carrier may become responsible for transportation according to the applicable shipping arrangement and law.
The Purchaser acknowledges that:
Carrier schedules are outside JMS's control;
Carrier tracking information may be delayed or inaccurate;
Carrier policies may vary;
Customs procedures may affect delivery; and
Carrier investigations may take time.
JMS shall not be liable for acts or omissions of third-party carriers except to the minimum extent required by Applicable Law.
23. FORCE MAJEURE
JMS shall not be liable for any delay, failure, interruption, shortage, cancellation, or inability to ship or deliver resulting from events beyond its reasonable control, including:
Natural disasters;
Floods;
Earthquakes;
Fires;
Storms;
Epidemics;
Pandemics;
War;
Terrorism;
Civil unrest;
Government action;
Sanctions;
Export restrictions;
Import restrictions;
Customs restrictions;
Strikes;
Labor disputes;
Utility failures;
Internet or telecommunications failures;
Cyberattacks;
Transportation disruptions;
Port closures;
Airline disruptions;
Supply-chain disruptions; or
Any other force majeure event.
24. CUSTOMER RESPONSIBILITY
The Purchaser accepts responsibility for all matters within the Purchaser's control, including:
Accuracy of delivery information;
Payment of applicable charges;
Customs clearance;
Import compliance;
Regulatory compliance;
Required documentation;
Availability to receive shipments;
Proper receipt and storage of Products;
Compliance with Product instructions; and
Lawful possession and use of Products.
JMS shall not be responsible for losses caused by the Purchaser's failure to satisfy these responsibilities.
25. MAXIMUM EXCLUSION OF SHIPPING LIABILITY
To the fullest extent permitted by Applicable Law, Jindal Medi Surge, SurgeStore.in, and their respective owners, directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, manufacturers, logistics providers, carriers, freight forwarders, payment providers, and service providers shall have no liability whatsoever for any loss, damage, cost, claim, expense, delay, injury, or liability arising out of or relating to:
Shipping;
Dispatch;
Transportation;
Delivery;
Customs;
Importation;
Exportation;
Regulatory clearance;
Carrier services;
Lost shipments;
Stolen shipments;
Damaged shipments;
Misrouted shipments;
Delayed shipments;
Failed deliveries;
Refused deliveries;
Customs seizure;
Customs rejection;
Product destruction;
Government action;
Regulatory restrictions;
Import restrictions;
Export restrictions;
Additional duties or taxes;
Storage charges;
Demurrage;
Carrier charges;
Third-party logistics services; or
Any other shipping-related event.
This exclusion applies to the maximum extent permitted by law regardless of whether the claim is based on contract, warranty, negligence, tort, statute, strict liability, or any other legal theory.
26. EXCLUSION OF INDIRECT AND CONSEQUENTIAL LOSSES
To the maximum extent permitted by Applicable Law, JMS shall not be liable for:
Loss of profits;
Loss of revenue;
Loss of business;
Loss of contracts;
Loss of customers;
Loss of goodwill;
Loss of anticipated savings;
Loss of business opportunities;
Business interruption;
Data loss;
Production losses;
Clinical losses;
Medical losses;
Veterinary losses;
Indirect damages;
Incidental damages;
Special damages;
Consequential damages;
Exemplary damages; or
Punitive damages.
27. MAXIMUM LIABILITY CAP
To the fullest extent permitted by Applicable Law, where JMS is nevertheless determined to have any liability arising from shipping, transportation, delivery, or a related transaction, JMS's total aggregate liability shall not exceed the amount actually paid directly to JMS for the specific Product giving rise to the claim.
No claim shall entitle the Purchaser to recover more than this maximum amount, except where such limitation is prohibited by mandatory Applicable Law.
28. EXCLUSIVE REMEDY
To the maximum extent permitted by Applicable Law, where JMS is legally responsible for a valid shipping-related claim, the Purchaser's sole and exclusive remedy shall be limited to the remedy expressly required under the applicable shipping arrangement, Refund & Return Policy, Terms & Conditions, or mandatory Applicable Law.
JMS shall not be required to provide duplicate compensation for the same loss.
29. NO LIABILITY FOR THIRD-PARTY ACTIONS
JMS shall not be responsible for the acts, omissions, decisions, delays, failures, policies, or charges of:
Couriers;
Freight carriers;
Freight forwarders;
Customs brokers;
Customs authorities;
Government authorities;
Airlines;
Postal services;
Payment providers;
Insurance providers; or
Other independent third parties,
except to the minimum extent that Applicable Law imposes liability directly upon JMS.
30. INDEMNIFICATION
To the fullest extent permitted by Applicable Law, the Purchaser agrees to defend, indemnify, and hold harmless JMS, SurgeStore.in, and their respective directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, and service providers against claims, losses, damages, penalties, costs, and reasonable legal expenses arising from:
Incorrect shipping information;
Failure to obtain import approval;
Regulatory violations;
Customs violations;
Unlawful importation;
Unlawful resale or distribution;
Failure to pay duties or taxes;
Refusal to accept delivery;
Unauthorized Product use;
Purchaser's breach of this Policy; or
Purchaser's acts or omissions.
This indemnification obligation applies only to the extent permitted by Applicable Law.
31. NO VOLUNTARY ASSUMPTION OF LIABILITY
Nothing contained in this Policy, any Website content, shipping communication, quotation, invoice, email, telephone conversation, WhatsApp message, or other communication shall be interpreted as JMS voluntarily assuming liability beyond that imposed by Applicable Law or expressly accepted by JMS in a written agreement signed by an authorized representative.
32. MANDATORY LAW SAVINGS CLAUSE
Nothing in this Policy is intended to exclude or restrict liability, statutory rights, consumer rights, warranties, remedies, or protections that cannot legally be excluded or restricted under Applicable Law.
Where a particular exclusion or limitation is prohibited in a jurisdiction, it shall apply only to the maximum extent legally permissible, and the remaining exclusions, limitations, disclaimers, indemnities, liability caps, and protections shall remain fully effective.
The invalidity or unenforceability of one provision shall not invalidate the remainder of this Policy.
33. SEVERABILITY
If any provision of this Policy is determined to be unlawful, invalid, or unenforceable, that provision shall be modified or enforced to the maximum extent permitted by law.
All remaining provisions shall remain in full force and effect.
34. GOVERNING LAW
This Policy shall be governed by and interpreted in accordance with the laws of India, subject to mandatory laws that cannot legally be excluded.
35. JURISDICTION
Subject to mandatory rights and jurisdictional protections that cannot legally be excluded, disputes arising from or relating to this Policy shall be subject to the jurisdiction of the competent courts in New Delhi, India.
Nothing in this provision is intended to deprive any person of a mandatory legal right that cannot lawfully be waived.
36. MODIFICATION OF POLICY
JMS reserves the right to modify this Shipping & Delivery Policy at any time.
The revised Policy shall become effective when published on the Website unless otherwise stated.
The Policy applicable to an order shall generally be the version in effect when the order was placed, subject to Applicable Law.
37. ACKNOWLEDGMENT
By placing an order through www.surgestore.in, the Purchaser acknowledges that:
They have read and understood this Shipping & Delivery Policy;
Delivery times are estimates and not guarantees;
Shipping may be affected by third-party carriers;
Customs authorities and governments control import clearance;
The Purchaser is responsible for applicable import requirements;
The Purchaser is responsible for duties, taxes, and destination charges unless expressly stated otherwise;
The Purchaser is responsible for providing accurate delivery information;
Certain shipping risks may transfer to the Purchaser upon handover to the carrier, subject to Applicable Law;
JMS does not guarantee successful importation or delivery in every jurisdiction; and
The liability exclusions, limitations, caps, indemnities, and other protections contained in this Policy apply to the maximum extent permitted by Applicable Law.
38. CONTACT
Jindal Medi Surge
5A/5 Ansari Road, Darya Ganj
New Delhi – 110002, India
Website: www.surgestore.in
For shipping and delivery-related queries, customers may contact JMS through the contact information published on the Website.
IMPORTANT LEGAL NOTICE
This Policy is intended to provide the maximum reasonable contractual protection available to Jindal Medi Surge and SurgeStore.in in connection with shipping and delivery.
However, no contractual document can guarantee that JMS will have zero liability in every jurisdiction and under every circumstance.
Accordingly, all exclusions, disclaimers, indemnities, limitations, liability caps, and remedies in this Policy are intended to operate to the fullest extent permitted by Applicable Law.
Where mandatory law prevents a particular liability from being excluded or limited, JMS's liability shall be restricted to the minimum extent required by that mandatory law, while all other protections in this Policy shall remain in effect.
