TERMS & CONDITIONS:-
Last updated on 26/01/2020
Terms and Conditions for Transacting at and/or Dealing with Online Shopping Website www.windzard.com
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.windzard.com/”(Website)”is owned and operated by Windzard Ecommerce Private Limited, a company incorporated under the Companies Act, 2013 (as amended from time to time) vide CIN- U52609TN2019PTC130267, having its Registered Office at 12/1, Leelavathi Nagar Plot No.181, Senneer Kuppam Chennai ,Kancheepuram, Tamil Nadu, India – 600056, hereinafter referred to as “Company” [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].
All kinds of correspondence should be addressed to the support office address as given above.
Use of this Website is regulated by the Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as you have read, understood and unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as a legally binding and enforceable agreement between the Company and you. If you do not agree with any and/or all of these Terms & Conditions, then you should stop dealing with and/or cease to initiate and do any transaction on this Website.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users information and subject to the Users acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. Users use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict Users access to parts and/or all of the services without notice and/or liability to the Users
In this Agreement (as defined hereinafter), ‘Company’ and ‘User’ have been collectively referred to as “Parties” and individually as “Party”.DEFINITIONS :
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
“Company” shall mean WINDZARD ECOMMERCE PRIVATE LIMITED.
“Exchange Policy” shall have the meaning ascribed to it in Clause XIII.
“Express Shipping Service” shall have the meaning ascribed to it in Clause XV.
“Force Majeure Event” shall have the meaning ascribed to it in Clause XVIII.
“Product(s)” shall mean any good and/or service offered for sale on the Website for consideration.
“Refund Policy” shall have the meaning ascribed to it in Clause XVII.
“Return Policy” shall have the meaning ascribed to it in Clause IX.
“Terms & Conditions” shall have the meaning as ascribed hereinabove.
“User” / “Users” shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.windzard.com/ in any way.
“Website” shall mean www.windzard.com/, a website owned and operated by the Company for facilitating online transactions.
- ELIGIBILITY :
Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to inter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872.
User agrees to be financially responsible for all of Users use of the services and access of the Website (as well as for use of Users account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation Users name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
III. A. Acceptance of Terms
The Website is owned and operated by Windzard Ecommerce Private Limited.
III. AMENDMENT OF TERMS
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes Users acceptance of the Terms and conditions of the Agreement as modified
- WEBSITE CONTENT :
The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.
The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in Users bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company’s copyright notice appears on all copies (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.
User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.
The Company neither warrants nor represents that use of Products by User will not infringe the rights of third parties not owned by or affiliated with the Company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Company’s logos, product and service marks and/ or names are trademarks which are owned by the Company (the “Marks”). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
Users misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at Users risk as to costs and consequences.
- REGISTRATION DATA :
User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.
In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to Users Information solely to enable the Company to use the information User supplies to the Company. The Company will only use Users Information in accordance with the Agreement.
User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
delivery of Product(s) at wrong address furnished by User.
any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User or
Any deficiency in payment of consideration payable towards the Products purchased on the Website.
The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
While placing an order, User shall not make multiple quantity of same or different product spanning across multiple order in the same day under the same name or group of companies’ id will be treated as bulk order and Company reserves its right to cancel such bulk orders. If at any time, it is found/observed that User has by misrepresentation or any other way has ordered more than 3 units of a particular product, it will amount to bulk order and the Company reserves its right to reject such order(s) partly or fully. The fulfillment of order placed by the User shall be subject to availability of the stock with the Company.
- Rules for End Users :
- End Users Shall Not Take Any of the Following Actions:
(a) commit to purchasing or using a product without making payments; (b) sign up for, negotiate a price for, use, or otherwise order a product with no intention of following through with your use of or payment for the product; (c) agree to purchase a product when you do not meet the Vendor’s terms as outlined in the Posting, or agree to purchase a product with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by WINDZARD in connection with the use or purchase of any Product or Service.
- Sanctions for Violating Any of the Rules for End Users
If a End User violates any of the above-referenced rules in connection with his or her Posting, WINDZARD, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the End User’s Account privileges; (c) suspend the End User’s Account; and/or (d) decrease the End User’s status earned via the Feedback page.
VII. Representations and Warranties
User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.
User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc due to inaccuracy of any detail / information submitted by User or anybody else on the Website.
User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
is correct, complete, relevant and accurate.
is not fraudulent.
does not stalk or otherwise harass another user
does not and shall not infringe any third partys intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers.
is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
is not illegal in any other way.
Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, Product or Services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any Product or Services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or Product or Services therein.
User shall not attempt to gain unauthorized access to any Product or Service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the Product or Services and accessing the Website. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or Product or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website.
User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Users or use any information obtained from the service in order to do so.
Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Companys terms and conditions which are available on request.
VIII. Return Policy
All Products purchased from the Website enjoy 7 days Return Policy.
Any Product, purchased from the Website, can be returned to the Company within 7 days of delivery of the same to User by placing a Cancel Order request by My order section.
Any Product purchased from the Website can be returned to the Company only if the Product supplied by the Company is damaged, defective or the Product received is different from the Product that was ordered.
The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.
In the event if User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, User shall immediately intimate the Company’s Customer Care Centre about such damage and/or defect and/ or difference and the Company shall arrange for the replacement of the Product or refund of price of the Product along with shipping charges, if any, collected by the Company in the unlikely event of the Company being unable to replace the damaged and/or defective Product. For any Refund or Exchange / Replacement of Product the relevant provisions of Refund and Exchange shall apply as given herein.
In case of Cancellation (Return / Replacement) of order after delivery of the Product to User, the Company will arrange pick up of the Product to be returned. User will assist and cooperate fully to return the Product with its manuals, booklets, warranty card, accessories, freebies and packing materials or any other thing which were delivered to User along with the Product being returned. At the time of pickup the User will be provided with acknowledgement of pick up by the Company’s Logistical Partner. User should retain the said acknowledgment and quote or product the same in all his/her future communications with the Company in this regard.
All free gifts, in original packing as delivered and unused condition, must be returned along with the Product in case of cancellation of order of the Product with which the free gift(s) is/are given.
- Exchange / Replacement :
In case the Product is found having certain defect(s) immediately after delivery of the same, User can request for exchange/ replacement of the Product any time after delivery of the Product but not later than fifteen 2 days from the date of delivery of the Product (which do not require any demo/installation) or Third (3) days from date of demo/installation (if manufacturing/working defect is discovered at the time of demo/installation for those Products which require demo/installation), by placing Exchange/ Replacement Request on the Website or by registering a call on the Company’s Customer Service Centre at 9150656757. In case any free item delivered to User is found defective then the Company shall arrange the replacement of the Free Item only and the main Product shall not be replaced.
In case User decides to get replacement of the Product due to certain defect in the Product as provided above, then the Company will arrange pick up of the Product to be exchanged/ replaced. However, User agrees to assist and cooperate to return the Product with all its accessories, freebies, original packing materials and such declaration duly signed by User as may be suggested by Customer Service Centre while registering call for return/replacement.
Subject to the provisions as set out here in above, User hereby agrees and understands that she/ he cannot return any Products purchased on the Website at any WINDZARD store. Products can be returned by User only by registering lodging a Return request by logging a call on the Company’s Customer Service Centre at 9150656757 or Email us: email@example.com .
In case of any defect arising after delivery of the Product or after demo/installation of the Product as the case may be, such defects will be serviced by the respective manufacturer/brand in accordance with respective manufacturers warranty terms.
In case User opts for replacement of the Product due to any defect at the time of delivery or demo/installation of the Product, User will have to ensure that the Product is returned in undamaged and saleable condition including all accessories and manuals. There should be no signs of external damage on the packaging, including the original carton. Kindly refer to the Returns sections on the Website for further detail on the Return Process.
- Cash-on-Delivery Order Cancellations/Replacement
If you want to cancel the order, please do so by calling at our call centre 9150656757 or Kindly refer to the My Order sections on the Website for further detail on the Cancellations/ Replacement Process.
Once an order is delivered it cannot be returned/cancelled in case of any (defect/damage in transit/what you see is what you don’t get) it could only be replaced.
We would only be returning the product in case we run out of stock and the remittance would be done via cheque or Direct Bank Deposit which would be delivered at the address customer has put at the time of placing the order within Twenty (20) days.
All eligible refunds for Cash on Delivery transactions will be processed by issuing account payee cheque in Users name as registered on the Website and delivered to the billing address entered during the online transaction effected by User on the Website and the cheque will be dispatched to the User only after the Product(s) or it will be directly deposited into the respective bank account, is /are collected from the Users place with all its accessories, freebies and original packing materials.
The User will be bound by the return policy of the Company and shall not hold the Company liable for any loss that she/ he may incur due to cancellation of the order.
- No Warranty for Freebies
Free gifts given with any of the Product purchased from the Website will not be exchanged and/or covered under any kind of warranty.
It is expressly provided that if any Products are not available with the Company for an exchange, the money shall be refunded to the User in accordance with the Refund Policy of the Company as set out herein.
The aforesaid terms and conditions in respect to exchange/replacement by the Company shall be referred to “Exchange Policy”.
XII. EXCHANGE POLICY
- If you have received a damaged or defective product or if it is not as described, you can raise a replacement request on the Website/App/Mobile site within 2 days of receiving the product.
- We will help you troubleshoot any issues you may have, either through online tools, over the phone, and/or through an in-person technical visit. Only one (1) replacement will be provided in the unlikely event that the product is defective. If no defect is confirmed or the issue is not diagnosed within 3 days of delivery, you will be directed to a brand service center to resolve any subsequent issues.
- In the rare event that you receive a damaged mobile, please create a return within 48 hours of switching on the device. Returning post 48 hours may result in your return being rejected.
- Successful pick-up of the product is subject to the following conditions being met:
- Correct and complete product (with the original brand/product Id/undetached MRP tag/product’s original packaging/freebies and accessories).
The product should be in unused, undamaged and original condition without any scratches or dents.
Before returning a Mobile/Laptop/Tablet, the device should be formatted and screen lock should be disabled.
- If the product received does not pass the verification and checks, the product shall be shipped back to you.
- Products may be rejected for return if they are not returned as per the conditions mentioned above. Products may also be rejected for return (for refund or replacement) if sent directly to the Seller by you without our approval for the same, in which case you waive any and all claims against windzard
- Replacement is subject to availability of the product (size, colour, etc.) and is limited to one request.
- Replacement shall be issued to you only after the product is received and verification of the same.
- In case the replacement product is out of stock, a refund shall be initiated.
- Products that store personal information should be returned after deleting all personal information. Windzard shall not be responsible in any manner for any misuse or usage of such information.
- Products with passwords/locks should be returned unlocked/disabled.
- Products sold as combos/sets cannot be replaced or returned individually.
- Products should be carefully packaged so that there is no damage during transit.
XIII. PAYMENT TERMS
User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit card/ debit card and/ or any other payment cards or online banking accounts.
The User shall be solely liable and responsible for the payments under this option and the Company shall not be liable in any case for the incidental actions arising from the delayed or non-payment under this option. The User is advised to read the detailed Terms and Conditions before availing this payment option. User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.
The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of Users order and/or other information. The Company’s decision to require further authorization is at the Company’s sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.
XIV. PLACING A CASH-ON-DELIVERY ORDER
All items that have the “Cash-on-Delivery ” Icon except for the product worth more than Rs. 29,999/-. Below Rs.29,999/- are valid for order by Cash-on-Delivery. Add the item(s) to your cart and proceed to checkout
When prompted to choose a Payment Option, select “Cash-on-Delivery”
Once verified and confirmed shipment to be processed in the time specified, from the date of confirmation.
You will be required to make payment by Cash or Card* or Wallet to our Courier Partner, only at the time of delivery of your order.
- CANCELLATION OF ORDER BEFORE DISPATCH OF PRODUCTS BY THE COMPANY :
The Company hereby informs User that Users receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of Users order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of Users order to accept or decline Users order for any reason. The Company further reserves the right any time after receipt of Users order, after prior notice to User, to supply less than the quantity User ordered of any item. Users order will be deemed accepted by the Company upon shipment of products or performance of services that User has ordered as indicated by the Company’s servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order.
The Company shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Users credit/ debit/ cash card charged. If Users credit/ debit/ cash card has already been charged for the purchase and Users order is cancelled, the Company shall immediately issue a credit to Users credit/ debit/ cash card account for the amount of the charge.
User shall be entitled to cancel an order of any Product, booked on the Website, by placing a “Cancel Order” request,in the My order section or by logging a call with Company’s Customer Care Centre.
“Cancel Order” can be placed any time after booking of order but before status of order changes into “handed over to courier” on the Website.
XVI. Refund Policy
Any cancellation/exchange in accordance with above terms qualifies for payment reversal / replacement of the Product depending on availability of the Product and preference of User.
All eligible refunds against Cancellation of Orders by User before delivery of Product to User will be subject to deduction of 2% plus applicable taxes (Two Percent (2% plus applicable taxes) of the Product Price already paid (Transaction value) as Banking and Transaction charges and balance amount would be processed for refund to the User. User understands and agrees to such deduction by putting Cancellation request for any Order before delivery of Product.
Any eligible refund will be initiated by the Company for credit into the same account from where the payment was made by User, within 15 working days of receipt of Request for Cancellation of Order, in case of Cancellation before delivery of the Products, or within 7 (Seven) working days after the Company’s logistics partner picks up the Product(s) from the Users place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to Users bank /credit card/debit card account within such time as taken by banking channels to process refund transaction. The Company shall not be liable for any charges levied by the bank for processing of the refund transaction and the same will solely be borne by the User.
All refunds will be made out through crediting the account from which the payments were made.
Interest Fee Reversal – In case of Cancellation of any Transaction due to any reason, whatsoever, and if there is any EMI Facility availed by User in that particular Transaction then Interest fee debited to Users card account shall be reversed in accordance with the terms of the respective bank and User shall have to contact its card issuing bank directly. The Company recommends that User should inform the card issuing bank for the cancellation of the transaction and follow up with the said bank for the said refund. The refund of any Interest depends upon the stage of the transaction when it is cancelled and shall be done in accordance with the terms of the card issuing bank. The Company shall not be responsible for any delay or issues relating to refund of Interest by respective bank.
The aforesaid terms and conditions in respect to refund by the Company shall be referred to “Refund Policy.”
Refunds are generally initiated in the following scenarios: (i) When Prepaid Orders are canceled by Customer/Seller/Windzard before delivery any of the circumstances (ii) If our courier partner is unable to deliver the order (iii) If you wish to return the product, in accordance with our Return Policy
B) The refund depends upon the mode of payment. Please refer to the list below:
Net banking: 4 – 7 Business days,
Debit card: 7 – 11 Business days
Credit card: 10 – 18 Business days
Neft: 4 -7 Working Days
Wallets: 7 – 9 Working Days
The Company shall exercise all possible measures to ensure that any Product booked on the Website is shipped within seven (7) working days from date of booking of order on the Website subject to successful realization of payment made against the said Order and availability of the Product(s). However, User understands and confirms that the Company shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the Company, provided, the Company takes all required and necessary steps to ensure shipment of the Product within above mentioned timelines.
We offer FREE SHIPPING for all our products except for the order with a cart value of More than Rupees Five Hundred Ninety Nine Rupees (Rs.599/-) which will be subject to shipping charge of Rs.45 to Rs.65, wherever applicable, shall be borne and paid by the Company and not to be borne by Customer.
In case User books Order of multiple Products in one transaction, the Company would endeavour to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics issues. If User purchases multiple Products in single transaction, then all the Products would be shipped to a single shipping address given by User. If User wishes to ship Products to different addresses, then User should book separate orders based on delivery addresses.
In case of return of the Products delivered vide Express Shipping Service, the User can either drop in at any store of the Company in nearby with in city or call the Company on Toll Free Number provided on the Website.
In case the User calls on 9150356757, the Company’s store team shall pick up the Products from the User.
The Products once accepted by the User on delivery, the Company shall not be responsible for any breakage of the Products and the User shall not be eligible to make such claims.
In case of return of the Products, the money shall be refunded to the Users account depending on the mode of payment selected by the User while purchasing the Product. It is expressly provided that the Company shall not refund any amount in cash.
XVIII. Express Shipping Service
Windzard offers the Express Shipping in selected cites and the Price of the courier charges may vary to city. The express shipping can reach the customer place with 48 hours. The Charges for Express Shipping Within 24Hrs- Rs.150, Within 48Hrs – Rs.100. In some cases, the courier may delay due natural calamities or Public Holiday or any other Local issues.
XIX. FORCE MAJEURE
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation:” Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
- MISCELLANEOUS :
- WINDZARD IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that WINDZARD is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that WINDZARD only seeks to provide a platform wherein the End User and Vendors can be brought together and WINDZARD itself has not role in the execution or provision of Services.
- NO AGENCY OR PARTNERSHIP
- DISPUTES BETWEEN REGISTERED USERS AND VENDORS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Vendors and End Users.
You understand that deciding whether to purchase the products of a Vendors or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that WINDZARD does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While WINDZARD may attempt to seek information about the background of a Vendors, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Vendors may register themselves suo moto. You also understand that any so called background check undertaken by WINDZARD is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the End User should take an informed decision on his/her own accord and keep in mind the fact that WINDZARD only seeks to provide a platform wherein Users and Vendors have an opportunity to meet each other and you hereby agree that you are not liable for any such legal complexities or issues arise between the End User and Vendors.
NOT WITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE WINDZARD only seeks to provide a platform wherein the End User and the vendors can be brought together and WINDZARD itself has not role in the execution or provision of Services ITSELF, WINDZARD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WINDZARD IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE WINDZARD, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
- DISPUTE RESOLUTION :
- GOVERNING LAW :
- THIRD-PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS :
XXI. WARRANTY DISCLAIMER
User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services what effects the Products, content may have on User and/ or any third party how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.
The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.
XXII. LIMITATIONS OF LIABILITY
- IN NO EVENT SHALL WINDZARD, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY VENDORS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR PRODUCTS DISPALYED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A PRODUCT, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A PRODUCT OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR PRODUCT USER OR VENDOR; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WINDZARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF WINDZARD, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO WINDZARD BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WINDZARD SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR END USER OR VENDORS AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WINDZARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
XXIII. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE WINDZARD (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
XXIV. NO THIRD-PARTY BENEFICIARIES
XXVI. GENERAL INFORMATION
- STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- SECTION HEADINGS
Grievance Officer: In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer is published herewith:
Grievance Officer :
Mr. Hari Haran R
Windzard Ecommerce Private Limited
Door No 19, Krishna Iyar Street, ValluvarKottam High Road, Nungambakkam, Chennai-600034, Tamilnadu, India.
CIN No: U52609TN2019PTC130267
E-mail ID: firstname.lastname@example.org / email@example.com
Phone No: +91-9150656757