- 9175668234
- info@oculusindia.com
- Pune Mh
Introduction
Welcome to oculusindia.com . This service is provided by oculusindia.com Retail India Ltd. On using the oculusindia.com service of oculusindia.com Retail India Ltd., you are deemed to have accepted our Terms and Conditions. All products/services and information displayed on oculusindia.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions listed below.
oculusindia.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of oculusindia.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
In case the product delivered to you does not match with the original product you ordered, we will arrange a reverse pick-up of the product from your doorstep and issue a replacement to you at no extra cost. The only thing you need to ensure is that you have the actual invoice and the product is in its original packaging, along with all free gifts and accessories.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors is strictly prohibited.
oculusindia.com reserves the right to terminate your membership and refuse to provide you with access to the site if oculusindia.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by oculusindia.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. oculusindia.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. oculusindia.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of oculusindia.com you agree to be bound by these Terms and Conditions.
Account and Registration Obligations
“Your Information” is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. oculusindia.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at our correspondence address.
You also agree to:
Pricing Information
While oculusindia.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. oculusindia.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, oculusindia.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card or net-banking account.
Credit Card Details
You agree, understand and confirm that the credit card details you will provide for availing services on oculusindia.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to oculusindia.com . oculusindia.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Fraudulent/Declined Transactions
oculusindia.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. oculusindia.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Electronic Communications
When you visit the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Images
We have made every effort to display the Images of our products that appear on the Site as accurately as possible. However, as the actual Image you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Actual design of product may vary from displayed image. Product color is subject to color availability.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India.
Copyright & Trademark
oculusindia.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Any use of this website or its contents, including copying or storing it or them in part or whole, other than for your own personal, non-commercial use is prohibited without the permission of oculusindia.com .
Limitation of Liability and Disclaimers
The Site provides content from other resources and while oculusindia.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. oculusindia.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
To the fullest extent permitted under applicable law, oculusindia.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site.
Without prejudice to the generality of the section above, the total liability of oculusindia.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
oculusindia.com , its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, oculusindia.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
Important Terms & Conditions:
Change of Mind Policy is not applicable on the Deals Darbar Products.
oculusindia.com reserves the right to modify Terms & Conditions as and when required. Users are required to check the terms and conditions at every visit. No notification will be communicated if there are editions in the terms and conditions.
Terms and Conditions for transacting at and/or dealing with Online Shopping Website www.oculusindia.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.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.oculusindia.com and sets out the terms and conditions governing it and the disclaimer (“Terms & Conditions”).
www.oculusindia.com (“Website”) is owned and operated by INFINITI RETAIL LIMITED, a company incorporated under the Companies Act, 1956 vide CIN-U31900MH2005PLC158120, having its registered office at Bombay House, 24 Homi Mody Street, Mumbai 400001, and support office at 201, Akruti Centre Point, MIDC, Andheri East, Mumbai 400093, 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 Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as you run conditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of every transaction to enable the User to express his/ her acceptance or rejection of these Terms & Conditions. Please exercise the said option during the course of any transaction after going through these Terms & Conditions, as your acceptance by clicking on “I Agree” shall be deemed that you have accepted these Terms & Conditions fully and you have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or 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 User’s information and subject to the User’s acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User’s 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 User’s 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:
“Agreement” shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
“Company” shall mean Infiniti Retail Limited.
“Exchange Policy” shall have the meaning ascribed to it in Clause IX.
“Express Shipping Service” shall have the meaning ascribed to it in Clause XVIII.
“Force Majeure Event” shall have the meaning ascribed to it in Clause XIX.
“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 XIII.
“Return Policy” shall have the meaning ascribed to it in Clause VIII.
“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.oculusindia.com in any way.
Website shall mean www.oculusindia.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 User’s use of the services and access of the Website (as well as for use of User’s 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 User’s 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.
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 User’s 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 User’s 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 Companys 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.
User’s 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 User’s 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 Userâs Information solely to enable the Company to use the information User supplies to the Company. The Company will only use Userâs 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 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.
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.
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 party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
shall not be defamatory, libellous, 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 Companyâs 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, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Userâs use and enjoyment of the Website and/or services therein.
User shall not attempt to gain unauthorized access to any service on the Website, other Usersâ 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 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 services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s 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 User’s 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 Companyâs terms and conditions which are available on request.
Store Pick Up Service
The Users shall pick-up the Product(s) within Forty Eight (48) hours of placing an order on the Website from such stores of the Company as may be selected by the User from the Store locator (“Store”) during the transaction on the Website (“Store Pick Up Service”). In case the Product(s) is not collected within the aforesaid stipulated time, the Company may at its sole discretion cancel the order at point of time and the money will be refunded in accordance with the Refund Policy.
An original valid Photo ID of the User whose name is mentioned on the invoice from the list of valid Photo ID’s acceptable by the Company shall be produced at the time of pick-up. The same will be scanned and kept in the Company’s records for any future references –
Pan Card
Valid Driving licence
Election Card
Passport Copy
Aadhar Card
Valid College ID (considered only for students)
The User shall have to visit the Store in case of any returns and/or refunds in respect to the Product(s) which are purchased by the User by availing the Store Pick Up Service option.
The Company hereby expressly states that any request from the User in respect to any change in colour and/or model of the Products purchased by the User through the Website shall not be accepted by the Company.
The order for purchase of the Products placed by the User using the Store Pick Up Service can be cancelled by the User at the Store on approval by the Store manager on the sole condition that the User makes a fresh purchase at the Store. Further, the amount paid by the User for the cancelled order will be refunded to the User after deduction of Two (2%) Percent cancellation fee
The Refund policy of the Website as set out in Clause XII of these Terms And Conditions is applicable to Store Pick-up transactions as well. Further, the refund will be done to the User’s account as per the mode of payment selected at the time of purchase of the Products.
Replacement Policy for Store Pick-up Transactions –
The Replacement Policy under the Store Pick Up Service will be applicable only in respect to Music CD’s, DVD’s, gaming software and small appliances only on account of inherent manufacturing defects (“Store Pick-up Replaceable Products “), subject to fulfillment of the following conditions:
The Store Pick-up Replaceable Products must be presented for replacement within Four (4) days of pick-up of the Products from the respective Store.
The original invoice must be presented at the time of replacement.
The Store Pick-up Replaceable Products must be returned in an undamaged and saleable condition including all the accompanying accessories and manuals. There should be no signs of external damage on the packaging, including the original carton. The Company’s shall have the sole right to make a decision in respect to the condition of the Store Pick-up Replaceable Products which shall be final and binding.
For further details, please refer to the Exchange policy on the invoice or contact the Customer Service Centre at 7207-666-000.
Store Pick-up Non-Replaceable Products –
Products as desktops, laptops, peripherals, gaming hardware, handy-cams, digital cameras, mobile phones, fixed phones mp3 players, accessories, large appliances, LCD’s, TV’s, home theatre systems and other entertainment products.
Any products sold under Special offers or Promotional Schemes.
Personal care products will not be replaced for hygiene reasons.
Free gifts will not be replaced and/or covered under any kind of warranty.
It is expressly provided that if any Store Pick-up Replaceable Products are not available with the Store, the money shall be refunded to the User in accordance with the Refund Policy of the Company as set out herein.
Return Policy for Home Delivery
All Products purchased from the Website enjoy fifteen (15) days Return Policy.
Any Product, purchased from the Website, can be returned to the Company within fifteen (15) days of delivery of the same to User by placing a “Cancel Order” request by logging a call with Companyâs Customer Care Centre by phone on 7207-666-000.
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 Companyâs 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 âRefundâ and âExchangeâ 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 Companyâs 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 for Home Delivery
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 (15) days from the date of delivery of the Product (which do not require any demo/installation) or fifteen (15)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 Companyâs Customer Service Centre at 7207-666-000. 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 oculusmultitrade store. Products can be returned by User only by registering lodging a ‘Return’ request’ by logging a call on the Companyâs Customer Service Centre at 7207-666-000.
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 manufacturer’s 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 (COD) Order Cancellations/Replacemen
If you want to cancel the order, please do so by calling at our call centre 7207-666-000 or when our executive calls you up for the order verification.
Once an order is delivered it cannot be returned/cancelled in case of any (defect/damage in transit/what you see is what you donât 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 which would be delivered at the address customer has put at the time of placing the order within fifteen (15) days.
All eligible refunds for ‘Cash on Delivery’ transactions will be processed by issuing account payee cheque in Userâs 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) is /are collected from the Userâs 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”.
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 / debit and/ or any other payment cards or online banking accounts.
User hereby agrees and understands that the facility of 0% finance by way of equated monthly installment (“EMI”) is available on all purchase above a value of Two Thousand Five Hundred ( 2500/-). In case the User purchases multiple Products and wishes to avail the EMI option, the value of at least One (1) of the purchased Products should be greater than of Two Thousand Five Hundred ( 2500/-). User understands and agrees that processing fee or any other fee for converting any Purchase Transaction into EMI is charged and collected by respective card issuing bank and not by the Company.
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 User’s 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.
Placing a Cash-on-Delivery (COD) Order
All items that have the “Cash-on-Delivery Available” Icon except for large appliances like air-conditioners, washing machines, televisions etc 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 “Pay By 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 a Cash payment to our Courier Partner, only at the time of delivery of your order.
Please make ONLY Cash Payment at the time of delivery and do NOT offer cheque or DD to the courier staff.
Your delivery address should be under serviceable network of our courier partner. Please enter the correct pin code to ensure delivery
Your total purchase value/ transaction value should not exceed Rupees Thirty Thousand (Rs 30,000/-).
The User shall be liable to pay a fee on all COD purchases as set out below â
Rupees One Hundred (Rs 100/-) on all COD purchases having a value upto Rupees One Thousand (Rs 1000/-);
Rupees Seventy Five (Rs 75/-) on all COD orders having a value between Rupees One Thousand (Rs 1000) and Rupees Two Thousand Five Hundred (Rs 2500); and
Rupees Fifty (Rs 50/-) on all COD purchases having a value above Rupees Two Thousand Five Hundred (Rs 2500).
Please do NOT pay for any additional charges, i.e. octroi etc. to courier staff. Your invoice amount is inclusive of all charges.
Cancellation of Order before Dispatch of Products by the Company
The Company hereby informs User that User’s receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of User’s order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of User’s order to accept or decline User’s order for any reason. The Company further reserves the right any time after receipt of User’s order, after prior notice to User, to supply less than the quantity User ordered of any item. User’s 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 User’s credit/ debit/ cash card charged. If User’s credit/ debit/ cash card has already been charged for the purchase and User’s order is cancelled, the Company shall immediately issue a credit to User’s 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, by logging a call with Companyâs Customer Care Centre by phone on 7207-666-000.
“Cancel Order” can be placed anytime after booking of order but before status of order changes into “handed over to courier” on the Website.
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% of the Product Price already paid (Transaction value) as Banking and Transaction charges and balance would be processed to be refunded to 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, within seven (7) 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 Companyâs logistics partner picks up the Product(s) from the Userâs place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to Userâs bank /credit card/debit card account within such time as taken by banking channels to process refund transaction
Processing 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 Processing fee debited to Userâs credit card account shall be reversed in accordance with the terms of the respective bank and User shall have to contact its card issuing bank in case of any issue relating to reversal of the said processing fee. The Company recommends that User should inform the card issuing bank for the cancellation of the transaction and refund of the processing fee and follow up with the said bank for the said refund. As represented by the Companyâs banking partners the said refund of processing fee should take 2 to 3 weeks to get reflected in Userâs card account. The refund of any processing fee 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 processing fee by respective bank.
The aforesaid terms and conditions in respect to refund by the Company shall be referred to “Refund Policy”.
Gift Wrapping
The User can also avail the Gift Wrapping service on the Website in respect to any Products purchased on the Website as gifts.
The User shall be liable to pay the gift wrapping charges which will be payable under the payment option.
The User hereby agrees and accepts that in case of cancellation and/or refund of the Product(s), the gift wrapping amount will be refunded to the User subject to the condition that the Product is in store and not in ready to ship status.
This Clause pertaining to Gift wrapping is not applicable on any large appliances including LCD, LED, Refrigerator, Washing Machine, Dishwashers etc and on bulk orders.
Charity
The Company may list various causes and/or organisations on its Website for Charity purposes. The Users will have a right to donate any funds towards such cause and/or organisation during the processs of purchase of any Products.
The User may at its sole discretion choose to donate a sum to any such cause and/or organisation. The User hereby expressly agrees that in case of any cancellation/refund of the order placed for the Products, the charity amount donated by the User will not be refunded to the User.
The Company shall not be responsible and/or liable for any issues that may arise from such donations made by the Users.
COUPONS
On every purchase of the Products on the Website, the User will be provided with a discount coupon worth a specific amount which shall be redeemable by the User on future purchases on the Website (“Coupon”). Any Coupon provided during the year 2014, shall only be valid upto 30th June, 2014.
The User shall be entitled to use only One (1) Coupon per transaction on the Website. Further, the maximum discount available on any home delivery of the Products shall be Rupees Two Hundred and Fifty (Rs 250)only and on Store Pick Up Service shall be Rupees Five Hundred (Rs 500)only.
Delivery
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 less than Rupees Twenty Thousand (Rs 20,000). Orders with cart value of less than Rupees Five Thousand (Rs 5,000) will be subject to shipping charge of Rupees Fifty (Rs 50) and orders with cart value ranging from Rupees Five Thousand (Rs 5,000) to Rupees Twenty thousand (Rs 20,000) will be subject to shipping charge of Rupees Seventy Five (Rs 75) or such other charge as may be stipulated.
However, if there are Two (2) products in the cart under a single order, there will be NO shipping charges, PROVIDED that the order is worth a minimum value of Rupees One Thousand (Rs 1,000/-) and neither of the products is a free gift. Octroi charges, 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 logisticsâ 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.
We offer FREE SHIPPING for all our products except for the order with a cart value of less than Rupees Twenty Thousand (Rs 20,000) which will be subject to shipping charge of Rupees Fifty(Rs 50) for orders with cart value of less than Rupees Five Thousand(Rs 5,000) and Rupees Seventy Five (Rs 75) for orders with cart value ranging from Rupees Five Thousand (Rs 5,000) to Rupees Twenty thousand (Rs 20,000) or such other charge as may be stipulated. However, if there are Two (2) products in the cart for a single order, then there will be no shipping charges. Octroi charges, 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 logisticsâ 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.
Express Shipping
The Company hereby offers an Express Shipping service in order to ensure speedy delivery of the Products to its Users which are booked through the Website approximately within a duration of Twenty Four (24) Hours to Thirty Six (36) hours from the time of bookings made by the User(“Express Shipping Service”) . The terms and conditions for the Express Shipping Service are as set out hereinbelow which are in addition to these Terms and Conditions –
In order to avail the Express Shipping Service, the User shall, while purchasing the Products on the Website, have to select “EXPRESS SHIPPING” option.
On selecting the “EXPRESS SHIPPING” option, the Products purchased by the Users shall be delivered within a duration of Twenty Four (24) Hours to Thirty Six (36) hours.
The Express Shipping Service shall be available in selected cities which are as set out on the Website.
The User will be charged a fee of Rupees Ninety Nine (Rs 99/-) which may be revised from time to time in respect to availing of the Express Shipping Service.
The Products which are ordered during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the Company the next business day and will be received by the Users within Twenty Four (24) Hours to Thirty Six (36) hours.
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 vicinity or call the Company on Toll Free Number provided on the Website.
In case the User calls on the Toll Free Number, 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 User’s 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.
The Express Shipping Service applies to attempted delivery by the promised date. The Company shall not be responsible to provide the delivery on time if the User is not present at the delivery address to take the delivery of the Products.
The Company shall exercise all possible measures to ensure that any Product ordered under the Express Shipping Service option is delivered within Thirty Six (36) hours from the time of placement of the order on the Website subject to successful realization of payment made against the said Order and availability of the Product(s). However, the User understands and undertakes that the User shall not hold the Company, responsible or liable 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.
The terms and conditions of the Return Policy of Home Delivery (Clause VIII) and Exchange/Replacement of Home Delivery (Clause IX) and Refund Policy (Clause XII) shall apply to Products delivered under the Express Shipping Service option.
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 ofForce 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.
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.
Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/ or for the services and/or any web-site linked to the Website. User’s uses this Website and/ or services at his/ her own risk in accordance with our privacy policy.
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.
oculusmultitrade TERMS OF USE
oculusindia.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any oculusindia.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. oculusindia.com reserves the right to change this Site and these terms and conditions at any time.oculusindia.com retains the right to deny access to anyone who we believe has violated any of these Terms of Use. If you are under 18, you may use oculusindia.com only with involvement of a parent or guardian.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Contents Posted on Site
You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of oculusindia.com throughout the universe. oculusindia.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by oculusindia.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Rules of Conduct On Site
a)
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
b)
oculusindia.com may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of oculusindia.com violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
c)
Any information provided by you on this site shall not be misleading in any way.
d)
You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without oculusmultitrade’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use,oculusindia.com’s “prior written consent” means a communication coming from oculusindia.com’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which oculusindia.com, in its sole discretion, believes is or could be construed as being illegal;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
interferes with another user’s use and enjoyment of the Sites or any other individual’s user and enjoyment of similar services; or
Refers to any website or URL that, in the sole discretion of oculusindia.com, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
e)
You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
f)
You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, oculusindia.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which oculusindia.com deems appropriate in its sole discretion.
g)
You understand that oculusindia.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
h)
oculusindia.com reserves the right, but has no obligation, to monitor the materials oculusindia.com reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. oculusindia.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of oculusindia.com, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of oculusindia.com. In no event shall oculusindia.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
i)
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. oculusindia.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
j)
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. oculusindia.com does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that oculusindia.com is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
k)
oculusindia.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
l)
You are prohibited from violating or attempting to violate the security of the site including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Other Businesses
oculusindia.com does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on oculusindia.com’s website, which are linked through including but not limited to Affiliates and sites using oculusindia.com’s APIs. In addition,oculusindia.com provide links to the sites of affiliated companies and certain other businesses for which, oculusindia.com is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
Links
This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not oculusindia.com is affiliated with sponsors of the sites.
We do not in any way endorse the Linked Sites.
We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by oculusindia.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the oculusindia.com site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the oculusindia.com site without our prior written consent.
Privacy
Use of the Site is governed by our Privacy Policy, which can be located at http://www.oculusindia.com/privacypolicy
MANDATORY DECLARATION – COMPUTERS
1)
Use of the Site is governed by our Privacy Policy, which can be located at http://www.oculusindia.com/privacypolicy
2)
You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by oculusindia.com “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, oculusindia.com does not warrant that:
– This website will be constantly available, or available at all; or
– The information on this website is complete, true, accurate or non-misleading.
oculusindia.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. oculusindia.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from oculusindia.com are free of viruses or other harmful components.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All the products sold on oculusindia.com are governed by different state laws and if oculusindia.com is unable to deliver such products due to implications of different state laws, oculusindia.com will return or will give credit for the amount received by oculusindia.com from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on oculusindia.com. By registering your phone number with us, you consent to be contacted by oculusindia.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. oculusindia.com will not use your personal information to initiate any promotional phone calls or SMS’es.
While availing any of the payment method/s offered by oculusindia.com, oculusindia.com is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
lack of authorization for any transaction/s,
or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
or any payment issues arising out of the transaction,
or decline of transaction for any other reason/s.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Mumbai.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on oculusindia.com is presented solely for the purpose of sale India. oculusindia.com makes no representation that materials in oculusindia.com are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and oculusindia.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by oculusindia.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on oculusindia.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Your Account
You agree that any use on the site is at your own risk and oculusindia.com is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on oculusindia.com are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
Copyright complaint
We at oculusindia.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at legal@oculusindia.com
Risk of loss
All items purchased from oculusindia.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description
oculusindia.com tries to be as accurate as possible. However, oculusindia.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by oculusindia.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing/Typographical error
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. The price taken into consideration will be at the time of order confirmation and payment done by the customer. If oculusindia.com comes across any such difference in pricing due to any issues, it has all the rights to rectify the same or cancel the order.
Credit Card Use
In a credit/debit card transaction you must use your own credit/debit card. oculusindia.com will not be liable for any credit card fraud. The liability to use a card fraudently will be on the user and the onus to “prove otherwise” will be exclusively on the user. oculusindia.com.You further agree and undertake to provide the correct and valid credit card details to oculusindia.com
oculusindia.com reserves the right to cancel any order placed using credit card which holds International billing address.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, oculusindia.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Cancellation of order
oculusindia.com reserves the right to cancel any order without any explanation for doing so, under situation where oculusindia.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the oculusindia.com policy or for any other reason. However, oculusindia.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
Communication with Users
oculusindia.com reserves the right to communicate with Users regarding this site and the User’s use of this site or any product or service purchased by the user on this site.
Our Contact
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to ecustomercare@oculusindia.com
Indemnity
You agree to defend, indemnify and hold harmless oculusindia.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to oculusindia.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
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