TERMS AND CONDITIONS FOR ONLINE STORE
We at Test Tribe Pvt Ltd. (herein referred to as the Company or We, Us and Our) are trying to build a community of individuals who are like-minded and interested in software testing and with an aim to help them collaborate in all aspects. Through the Company’s website located at http://wordpress.webcontrive.com/wc-yogesh/TTT (Our “Website“) We offer a range of merchandise being retailed across the globe for our community members. All orders made by You on our product(s) available in our Website (the Merchandise) are designed, developed, operated and maintained by Us.
These terms (“Terms”) govern our online customers who place orders of Our Merchandise that are listed on Our Website herein referred to as (the Customer or You). If You access the Website, and/or place an order for Merchandise, You agree to be bound by these Terms. These terms set forth the terms and conditions that apply to the purchase of Merchandise between Us and our Customer.
These Terms do not apply to the provision of services or the sale of products/merchandise by third parties whose links, banners or other hypertext connections are posted on the Website. Before placing orders and/or purchasing products/merchandise/services from third parties, We recommend that You review their respective terms and conditions and other applicable policies. Under no circumstances shall the We be deemed liable for services supplied by third parties or for e-commerce transactions entered into by the You with third parties.
GENERAL TERMS AND CONDITIONS
II. Changes in Terms. As such, We encourage You to review the Terms and any other terms and condition available on Our Website, periodically for any such changes. It is Your responsibility to carefully read, agree with and accept these Terms from time to time.
III. Age Limit. In order to purchase our Merchandise, Our Customer must be 18 years old or the age of majority in their local area. You may not make a purchase with Us if You are under the age of 18 or the age of majority in Your jurisdiction. Another situation is that the Customer is of the age of majority in their state of residence and has given their consent to allow any minor dependent to use this Website. Persons who are “incompetent to contract” under the applicable laws including minors, un-discharged insolvents etc. or otherwise barred by law are not eligible to place the order or use or transact with Us. Any person placing an order/s on the website ordering the product shall be capable of entering into this contract, their consent being free (without any force or coercion) and the object and consideration being for a lawful purpose.
IV. The main characteristics of the Merchandise are shown on the Website. The images and colours of the products offered for sale on the Website are shown for information purposes only and may not correspond exactly to the actual appearance, size and colour of the Merchandise, due to among other things the settings of Your Internet browser or monitor used.
V. Services. Our Services include -(a) supplying the Merchandise; (b) procuring a logistics company experienced with collection and transportation to deliver the Merchandise (“Logistics Supplier”); and (c) basic customer support..
VI. Order. Any order placed by in the manner described in Our Website is an offer by You to purchase a particular Merchandise for the price (excluding the delivery, other charges and taxes) specified on Our Website. At the time You place Your order We reserve the right to accept or reject Your order for any reason, including, without limitation, the unavailability of any Merchandise, an error in the price or the Merchandise description posted on the Website, or an error in Your order. Your contract with Us only comes into existence when it forwards confirmation of receipt of your order and payment. We reserve the right to modify or discontinue any Merchandise offered for sale on the Website at any time without notice.
VII. Rejection of Order. We may refuse to accept your order if (a) the item(s) is/are out of stock; (b) We are unable to acquire authorization for Your payment; (c) shipping limitations apply to a specific Merchandise /area; or (d) for any other reason in Our sole discretion. We shall notify You in case your order has not been approved, you payment has not been processed. We will not be responsible to You or any third party as a result of our decision to deny processing an order, or to unwind or halt any transaction once processing has commenced, in any of these instances.
(i) The prices for the Merchandise shall be as quoted on the Website and the same are subject to change. Customers are requested to check the final price before placing the orders. You agree to pay the whole amount due for the Merchandise as specified during the purchasing process, including any shipping fees or charges and applicable taxes.
(ii) Regardless of where the Customer is situated, all prices are shown and payable in Indian National Rupees. If a Merchandise is advertised at an erroneous price owing to a pricing error, We have the right to refuse or cancel any orders placed. We may, at our option, contact You for instructions or cancel Your purchase and notify You of such cancellation if a Merchandise is mispriced. If We are unable to contact You, the order will be treated as cancelled.
(iii) Prices may not include applicable taxes and shipping/delivery charges, which will be added at checkout. All prices of the Merchandise listed for sale as stated on the Website are subject to applicable tax, unless otherwise stated. The shipping/delivery charge is based on the delivery address specified in Your Order and the applicable tax rates shall be based on the rates in effect at the time of Your submission of Your Order.
(iv) We sell and deliver the Merchandise internationally. We reserve the right to refuse sales if shipping to desired destination is not practical. For Merchandise that are delivered to a delivery address outside India, such Merchandise may be subject to customs, import, export and excise duty and fees, sales taxes and any other taxes associated with Your Order and the sale of the Merchandise to You, which are levied by the destination country (“Import Fees“). When You submit an Order for a Merchandise to be delivered to a delivery address outside India, You acknowledge and agree that you shall be listed as the importer of record in the destination country, and you are responsible for all Import Fees. All prices of the Merchandise listed for sale as stated on the Website are exclusive of Import Fees which shall be borne and paid by You separately. International orders will be sent via a courier service depending on order size and weight. You will receive tracking information on dispatch by email. In some instances, once the parcel has left India we will be unable to track your parcel. Unfortunately, we are/will unable to influence the delivery. Please try contacting your local postal agent/office, they may be able to help in case of any issues.
(i) You may pay for the Merchandise using any of the payment methods prescribed by us from time to time through our payment partners. While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s.
(ii) All online bank transfers are further subject to the operations of our payment gateway partner.
(iii) Any customer support on refunds for an amount that has been debited by the payment gateway but the order has not been processed or received by Us, will be attended to by our customer support after a period of 72 (seventy two) hours from the transaction. This process may take more than 7 (seven) days to resolve between You and Your bank/issuer as we have minimum control over such a transaction.
(iv) All payment methods may be subject to additional terms as prescribed by us from time to time. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us or any of our agents for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
(v) If you fail to make any payment in respect of an Order pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, including such rights set out in these Terms, we shall be entitled to cancel the Order or suspend delivery of the Merchandise until payment is made in full.
X. Arrangement with the Issuing Bank. All transactions conducted for a purchase order will also be governed by the terms and condition, agreed to between the Customer and the Customers’ respective issuing Bank. You agree to indemnify and hold Us harmless against any direct or indirect liability that may arise on account of such violation arising between You and your issuing bank.
XI. Customer Information. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these terms. By confirming Your purchase at the end of the process, You agree to accept and pay for the item/s requested.
XII. Shipping. For Us to arrange delivery of any Merchandise that You have purchased from Us in a timely manner, You shall be solely responsible for providing the correct and accurate postal details. Risk of loss and title for the Merchandise shall pass to You upon delivery of Your purchased Merchandise by the Logistics Supplier. Should you receive an item that is not in perfect condition please contact us immediately at [email protected] and arrange for the faulty Merchandise to be returned to Us. You acknowledge that delivery of the Merchandise is subject to the availability of the Merchandise. We will use reasonable efforts to deliver the Merchandise to you within the delivery timeframe stated in your Order, but You acknowledge that all delivery timeframes given are estimates only and delays can occur. If the delivery of your Merchandise is delayed, we will inform you accordingly and your Product will be dispatched as soon as it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused. Risk of damage to or loss of the Merchandise shall pass to You at the time of delivery, or if You unreasonably refuse to take delivery of the Merchandise the time when we or our agents have tendered delivery of the Merchandise.
XIII. Return. If you are not entirely happy with our merchandise for any reason, we will accept the return request of your order within 5(five) days of the Merchandise being delivered. Purchased items should be returned fresh, unused, in their original packaging, with the original invoice and all tags intact. Damaged, dirty, or changed returns may not be accepted by Us and may be returned to you without a refund. Please keep in mind that, depending on your bank’s processing time, card refunds can take up to 21 (twenty-one) business days to complete. This varies a lot across card issuers, and We are not responsible for any refund delays caused by card companies or banks. We make no promises about the correctness or timeliness of reimbursements reaching customers’ credit/debit cards or bank accounts. If You are returning an item because of an error on Our part or because it is damaged or defective, We will refund the delivery charges incurred in sending the item to You, provided the delivery charges was paid by you in the final transaction, However, if the Refund is requested for any other reason, We may offer you a store credit redeemable at a future date.
XIV. Intellectual Property Rights. The intellectual property rights in all Merchandise made available to Our customer are protected by copyright laws, globally. You may use the Merchandise for your own personal use and for any non-commercial purpose. You are not permitted to publish, modify, distribute, reverse engineer, decompile, reproduce, in any format, any of the content or copies of the content supplied to you which appears on our Merchandise. You agree to not indulge directly or indirectly with any of Our partners or service providers to provide similar Merchandise to You at any given time. All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property in the Merchandise is owned, controlled by, or licensed to Us and you shall not procure a similar right without Our prior written consent.
XV. Limitation of Liability. To the maximum extent permitted by applicable law, We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from: (i) life or wear of any Merchandise or that any Merchandise will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us; (ii) improper remedy of defective Merchandise, alteration of the Merchandise, unsuitable or improper use, wilful damage, negligence, or other misuse of the Merchandise, as well as fair wear and tear, by you or any third party; (iii) third party claims, whether directly or indirectly caused by, or relating to, the content of our Website and the Merchandise purchased on or through our Website; and (ii) loss arising from any use or reliance of any third party links or contents that may appear on the Website. The Merchandise are delivered to on a ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. No communication of any kind between you and Us or any of Our representatives shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms.
XVI. Indemnification: You acknowledge and agree to defend, indemnify and hold Us harmless Our employees, agents, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties“) from and against any and all claims, liabilities, damages, investigations, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) relating to or arising from (i) your use of Our services in violation of these Terms; (ii) unlawful use of our Merchandise and the content/information/material made available on the Website or violation of Our Intellectual Property Rights; (iii) your violation of any third party right; and (iv) any loss suffered by Us due to your willful misconduct and negligence.
XVII. Governing Law: Any dispute arising out of these terms or to the purchase of any Merchandise from Us shall be governed and interpreted by, and construed in accordance with the laws of India, and the Courts in Mumbai shall have the sole jurisdiction over any matter, without regard to principles on conflict of law.
XVIII. Customer Care If you have any questions, please contact our Customer Care @ [email protected] before placing your order.
XIX. Amendments. We may at any time in our sole discretion amend or vary any provision of these Terms by publication on the Website. If You do not consent to such variation or amendment, You should not use the Website and/or purchase the Merchandise. If, following such amendment or variation, You continue to use or access the Website and/or purchase the Merchandise, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby. When you submit an Order, You agree that You do so subject to the Conditions currently in force as at the date You submit your Order. You are responsible for reviewing the latest Conditions each time You submit an Order.
XX. Remedies and Waivers. No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these Terms will operate as a release or waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
XXI. Illegality and Severability. Each of the provisions of these Terms is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms but the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby.
XXII. Entire agreement. These Terms (together any other Policies) constitute the entire agreement between You and us relating to the subject matter hereof and supersede any previous agreement or understanding with respect to the matter hereof. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
XXIII. Assignment. You may not assign or transfer all or any of Your rights under these Terms to any party.
XXVI. Terms not covered herein: Provisions that are not defined or covered under these terms shall have meaning or by our interpreted as per the provisions provided by our Policies.