ONLINE ORDER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by ekdontin.com, whose office is at 303, Osia Prabhat, Andheri(w), Mumbai 400 058 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. To order goods from the supplier you must be at least 18 years of age.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.6 Most of our electronic products go under quality testing, and then sealed with our "company hologram seal" for authenticity. Hence the DOA possibility is highly unlikely. Still, in some unforeseen conditions, any problem occurs, we will follow the below procedure,
1. For products not warranted by us directly, In order to expedite a resolution to your problem, we may occasionally refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.
2. Products found to be faulty within 7 days of being supplied will only be refunded if they are returned to us in their original condition. This means that all the items included in the original shipment including manuals, cables, disks, any software items, and any other items relating to that product must be included.
3. On receipt of the return, we will test the product according to the fault you have stated. If the product is found to be in good working order without defect, we will return the product to you. We shall be entitled to charge you a ‘No Fault Found’ fee and for the return carriage costs via your original payment method. In the event that you can not make the payment, we will hold the item(s) until full payment has been made for the 'No Fault Found' fee and return carriage.
4. We cannot accept liability for packages damaged during transit.
5. Returned products requiring a test are handled by reputed Technical Support Team. The product will be extensively tested for the fault according to the manufacturer's testing guidelines and if the fault is confirmed, we will replace the product. However, this process can take up to 25 days to complete so please be patient.
6. If product is under warranty through us, we give full support for the product. The warranty excludes defects/damages due to physical abuse/ electrical surges/ Water Damage/ and any damages which are not covered under manufacturer described excluded list. Warranty is not offered on accessories provided with the product. (e.g. straps, battery, pouch, cable)
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. Our staff cannot offer advice. You must confirm compatibility eg. by checking manufacturers sites.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock or from manufacturer, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has already been paid by you or debited from your credit/debit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 5 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
2.4 In addition to the product price(s), you may be required to pay a delivery charge for the goods.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 Discount is offered on payments made by bank transfer mode, supplier can stop this offer at any time at his discretion.
4.1 Orders placed before 2.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided. (A working day is any day other than weekends and bank or other public holidays.)
4.2 Shipping time is set to 10-12 days after realisation of payment. Delivery time depends upon the shipping address and the carrier used.
4.3 If delivery cannot be made to your address for reasons out with the Supplier's control the Supplier will not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods.
4.4 If you deliberately fail to take delivery of the goods then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.6 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.7 Additional tax or surcharge on sales tax, local taxes and octroi to be borne by the buyer.
4.8 Buyers from West bengal, Assam, Tripura, Orissa, Uttar Pradesh, Jharkhand & Bihar and certain other states may require FORM 50 or FORM 38 or any other required State Entry FORM, from Local Sales tax office.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are, or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
6.1 All goods supplied by the Supplier are warranted free from defects for 7 days from the date of supply (unless otherwise stated). Warranty after that will vary with the products, and will be stated in their respective description. Software be it on original media or installed on a computer, carries no warranty.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
7. Limitation of Liability
8.1 the Supplier's total liability in contract, Delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
8.2 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
8. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
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