For the purpose of these Terms of Sale, wherever the context so requires "You" or "User" or “Buyer” shall mean any natural or legal person who has agreed to become a buyer on the Website by visiting and purchasing products on the Website as Registered User by signing up on the Website www.gizmoswala.com( “We”, “Us”, “Our” ) also allows the User to surf the Website or making purchases without registering on the Website.
We reserve the right, at Our sole discretion, to change, modify, add or remove any portions of these Terms of Sale, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Sale periodically for updates / changes and keep yourself abreast with the same. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Sale, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
1.1.You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Website to purchase the products from Us using the Payment Facility as explained herein, and You shall be bound to pay the Transaction Price through Your Issuing Bank to the Website using Payment Facility.
1.2.When You use any of the Products sold by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Sale and shall be considered as part and parcel of this Terms of Sale.
1.3.You, agree to purchase the Products on the Website, only through the Payment Facility or payments gateways facilitated by the Website in adherence to the conditions available in this Terms of Sale and other policies.
1.4.You, shall at the time of Purchase be bound by all the terms and conditions mentioned herein.
1.5.The availability of the Product under the offer to sell for display on the Website shall be subject to availability of the Products. We shall in no way be liable to keep a constant check on the availability of the stock. The restocking of the Products shall be done once in 15 days. The same shall be without giving a prior notice to the Buyer. However, there may be circumstances where the Product may not be available at the time of delivery to You after the purchase order has been placed and initially processed by Us. In such an event, We may cancel such order / purchase transaction depending on the availability of the product/s so ordered by you as on date of fulfilling the order without any recourse to You - the Buyer and without holding any liability towards ourselves. If Your order is cancelled, after the payment has been processed, the amount so paid by You towards the purchase of the product shall be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or through the payment mode used by You . We shall have the sole discretion to determine the mode of reversal from the payment modes used / available.
2. PRICING AND PAYMENT
2.1.The Selling Price of the Product is subject to revision without giving a prior notice to the Buyer. However, no revision shall be made to the selling price of the Product once an order has been placed by the Buyer to purchase the Product. The Products displayed on the Website are on an 'as is' basis as provided by Us but however, due to technical reasons, there may be slight colour difference on the products displayed on the website or change in the Selling Price displayed on the Website due to any changes in the taxes or change in price by the manufacturer of the Product which shall be corrected by Us as soon as the same comes under Our notice. Any acceptance of orders placed by the Buyer of the Product/s that is/are subject to such change in Selling Price shall, subject to Our discretion, shall not constitute a valid acceptance and such transaction shall be, at Our discretion be cancelled by Us. We shall not be held responsible/liable for any error in size dimensions mentioned below the product as the size dimensions of the Products have been given/shared with us by the Manufacturer.
2.2.All prices displayed with respect to any Product on the Website shall be inclusive of GST and any other taxes as applicable unless stated otherwise.
2.4.All payments with respect to Product/s purchased shall be made in accordance to the payment gateways offered to You on the Website, which is to say that, no other modes of payments shall be accepted by the Website except for the ones specified on the Website.
2.5.Cash on Delivery (COD): This payment option is also available on the Website to the Buyers with respect to Products being sold, provided that You adhere to all the terms stated herein. Orders of upto Rs. 15,000 shall be permissible via this mode of payment. All payments under this mode shall be made in Cash only upon receipt of delivery of the Product/s purchased by the Buyer. However, any purchase order placed by You and to be paid via COD shall be allowable only for an amount that is not exceeding Rs. 15,000/- or such other limit as may be set by Us from time to time. In the event Your order size at a single given time exceeds the value of Rs. 15,000/- (or such other amount as decided by us) You shall pay for the same through any electronic payment methods such as NEFT / RTGS / IMPS / e-wallet.
2.6.You, the Buyer cannot cancel any Order when the Product/s are purchased after the Website had accepted the Order and processed the same for delivery / dispatch or fail to accept the delivery in spite of the delivery attempts made thrice,. If you repeatedly (for continuous 4 times) do not accept the Product/s ordered for purchase under this mode after the order is dispatched by Us, then You shall be barred from ordering any Product/s via this mode of payment.
2.7.All payments shall be made by You via Debit / Credit Card / PayTM / Freecharge / Mobiquick / UPI / Rupay / Amazon Pay / Phone Pe / Pay Pal / Cash on Delivery / Gift card / vouchers / coupons to the Website while making a purchase of any of the Product/s from the Website.
2.8.The Website shall process the delivery of the Product/s purchased by You from the Website once the payment made by you has been confirmed by the respective payment gateway or bank or wallet as specified in this Terms. In the event a purchase order is placed by You and the Payment is made by a Gift card / voucher / coupon, the Order shall be confirmed once the Gift card / voucher / coupon is authenticated / verified from our end in terms of its validity.
2.9.In the event a transaction initiated by You and not processed successfully / approved by Your respective payment gateway or bank or wallet but the payment has been deducted from your bank or payment gateway or wallet (as the case may be), then in that event the Website Provider / Company shall not be responsible / liable for such a failure on the part of Your payment gateway or bank or wallet.
2.10.This Website may contain links to other websites that are not endorsed and / or operated by or related to Us. We shall not be responsible for the content, accuracy or opinions expressed in such third-party websites / links, and We do not investigate, monitor, or check these websites for their accuracy or completeness. The inclusion of any third-party links or any third-party website on this Website does not imply approval or endorsement of such third-party links or third-party website by Us. In the event You leave this Website to access these third-party sites You shall do so at Your own risk.
3.1.You, as a Buyer, agree with the Website that, in any event, if there is an extension / increase in the Dispatch and/or Delivery time for any reasons whatsoever, You shall be notified accordingly on the contact information provided by You.
3.2.We list availability information for Products sold by Us on the Website, including on each product-information page. Beyond what we say on that page or otherwise on the Website, We cannot be more specific about its availability. The Product/s will be estimated to be delivered within 8-10 days after the Product/s are dispatched from the warehouse. Please note that the dispatch time / delivery time mentioned for each product are just estimates and not final and thus should not be relied upon as such The dispatch and delivery shall depend upon the availability of the Product ordered by you, the delivery address and the carrier company engaged by Us to fulfil your order. As We process Your order, You shall be informed by an e-mail if any Product/s ordered by You turn out to be unavailable.
3.3.The ownership of the Product/s and other rights and interest in the Product/s shall be directly passed on to You from Us upon delivery of such Product/s and upon full payment of price of the Product/s. Upon delivery and payment, the Buyer is deemed to have accepted the Products. The risk of loss and/or damage to the Product/s due to any reason whatsoever shall pass on to the Buyer after delivery of Product unless the same is a manufacturing defect or a physical damage caused to the Product during transit from Our end or from the carrier company’s end.
3.4.In the event your order is not serviceable by logistic service providers i.e. the carrier company or by Us or the delivery address provided by You does not fall in an area that is covered by Us for shipping the order under the order confirmation form, You may either provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by Us or in absence of such alternate shipping address, We may cancel the order as the case by prompting you about our unavailability to delivery the product in the address shared by you.
3.5.Please note that there is no guaranteed dispatch time and any information about the dispatch time is an estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between You and Us for purchase and sale of Product on or through the Website. However, the Product shall not be handed over to You unless You make the payment of the purchase of Product.
4. REFUNDS AND RETURNS
4.1.In the event, You, as a Buyer, are entitled for a refund, You can claim a refund of the Selling Price (as Your sole and exclusive remedy) in the event You do not receive the delivery of the Product/s ordered and paid for by You.. In case you do not raise a refund claim using Website features within the stipulated time (which is 30 days from the date of placing the order) then this would make You ineligible for a refund.
4.2. In the event of Refunds, all electronic payments or cash on delivery refund, if any, shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI), Refund shall be made to the same Bank from where the payment for the Product/s was received, or through any other method available on the Website, as chosen by You.
4.3.Refunds may be supported for select banks only. In the event where Your banking partner does not support processing of refunds, You shall be required to share alternate bank account details with us for processing the refund.
4.4.Refund shall be conditional and shall be with recourse available to Us in case of any misuse of Refund Policy by the Buyer.
4.5.We may also request You to provide Us with additional documents for verification.
4.6.Refund shall be subject to Buyer complying with Policies.
4.7.In the event if payment is made by You using Gift card / voucher / coupon issued by Us, the refund, if any, shall be credited back as points to the Gift card / voucher / coupon of the Buyer. The points so refunded shall be equivalent to a selling price of the Product/s so purchased by the Buyer.
4.8.In the event of false, frivolous or baseless complaints regarding the delivery or quality of the Product/s so delivered, You shall not be eligible for refund or replacement.
4.9.Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product / the Product's packaging is not damaged or tampered with.
4.10.The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
4.11.We shall NOT accept replacements and / or exchanges for products that are not to your liking. Most of our products are personal in nature and we encourage you to ask us questions at firstname.lastname@example.org, before confirming your order.
4.12.In the event of You being eligible for a Refund for any of the reasons stated in this Terms of Sale and have purchased a Product/s from Our Website while availing any offer/s, discounts or Coupon/s offered by Us, You shall be eligible for a refund only of the amount paid by You at the time of purchase after availing the offer/s, discounts or coupons. You shall not be entitled to receive a refund on the actual cost price of the Product prior to availing any of the offer/s, discounts or coupons.
5. DISCRETE PACKAGING
5.1.We have a custom logistics process in place for our customers in India. Because we understand Your need for privacy, we put an extra effort to ensure that your order is packaged securely, shipped reliably, handled discreetly and delivered timely. We have partnered with world class shippers namely ShipRocket. Through an efficient & connected network, Your package will arrive to You in a padded package. There would be no indication outside on the packaging about the contents of the package. The shipping label will only mention Our name, Gizmoswala, & Our address so there shall be no mention of Our Website www.Gizmoswala.com nor would there be any company branding on the package.
6. WARRANTIES AND RIGHTS
6.1.We reserve the right to refuse to process / accept / fulfill Transactions of Buyers with a prior history of the following “Order dispatched, delivery not accepted”, “Frequent return of Product/s”, “Refusing to pay COD before checking the Product/s”, “repeated rescheduling of delivery dates”, “providing incorrect / incomplete shipping address” etc. including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy herewith.
6.2.In the event you choose COD as your payment mode, You shall receive a call on your contact number provided by You, and upon you confirming the Order to our executive on the call , the Order shall be approved on Our end. However, if you are not available for the call of confirming your Order 3 times consecutively, your Order shall stand revoked. OR While confirming your Order on the Website, if you choose COD as you payment mode, You shall receive an OTP on the contact number provided by You, and once the OTP has been inserted in the required box, Your Order shall be confirmed.
6.3.You acknowledge that We shall not be liable for any damages, interests or claims etc. resulting out of not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
6.4.The Coupons / rewards / being awarded to you, shall be subject to change or cancellation on Our Discretion.
6.5.The Coupons shall have a validity period and You cannot avail such Coupons/offers after the expiry of the same.
6.6.We have the discretion to cancel such Coupons / offers as and when we may please, such revocation of any offers shall be final and binding on You.
6.7.You will have the right to avail only those offers which have been delivered to You on your account on the Website or otherwise, and no offers from any other Website or third party can be availed on Our Website. All the offers, awarded by Use are subject to our discretion.
6.8.You are bound to any other such Terms as may be defined by Us from time to time on Our Website, or any terms stated while availing any offers provided by Us or this Terms of Sale.
7. COMPLIANCE WITH LAWS
7.1.As required by applicable law, if You make a purchase of a Product/s amounting to or above INR 2,00,000.00/-, You shall be required to upload a scanned copy of Your PAN Card on the Website, within 4 days of making the purchase, failing which, the purchase made by You, shall liable to be cancelled and/or cancelled. The requirement to submit the PAN card shall arise only once and if the same has been submitted once by the You , it need not be submitted again. In the event of a discrepancy between the name of the Customer and the name on the PAN Card Your order shall stand cancelled.
7.2.We shall comply with all the applicable laws (including without limitation to all the Act, Circulars, Rules and Regulations as may be notified / issued / enacted by the Reserve Bank of India from time to time, , Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under.
7.3.We have studied and researched the applicable laws in India with respect to Our Products and We take full responsibility of Our Products we sell, so You, the customer does not have to worry the same. We bring Your order to Your door via a trustworthy regional courier company in a discreet package. Your privacy is the fundamental need and the core of Our business.
8. CANCELLATION OF ORDERS
8.1.When You place an order to purchase a Product/s from us, You shall receive an e-mail (as provided by You) confirming the receipt of Your order and containing the details of Your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail once sent to you, Your Order shall be considered as confirmed. After the confirmation of Your Order, You shall receive an e-mail when Your Product/s has been dispatched for delivery (the "Dispatch Confirmation E-mail").
8.2.You shall be at a liberty to cancel Your order for any Product for no cancellation cost/charge any time before we have sent the Dispatch Confirmation E-mail relating to that Product to You.
8.3.Cancellation by Us: There may be certain orders that We are unable to accept and fulfil and so in that event We shall have the right to cancel such order/s. We reserve the right, at Our sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the Product or quantities ordered by You or inaccuracies or errors in pricing information etc. We may also require additional verifications or information before processing any order. All such cancellation/s shall be without any legal recourse to You and without any liability to on Our part except for the selling price paid by you, to purchase the Product. In the event a Buyer's order is cancelled, and the payment has been processed, the said payment made by the Buyer shall be reversed / remitted in accordance with Our Refund Policy as mentioned in Clause 4 hereinabove to You.. In the event a promotional code given by Us on the Website or elsewhere, is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. Whatever stated above in Clause 8.3 shall be the sole remedy available to You for any cancellation of the purchase order by Us.
8.4.Cancellation by the Buyer: In the event of requests for order cancellations from You, We reserve the right to accept or reject such requests for order cancellations for any reason whatsoever. As part of usual business practice, if We receive a cancellation notice and the order has not been processed, We may cancel the order and refund the entire amount to Buyer (in accordance with Our Refund Policy as mentioned in Clause 4 hereinabove) within a reasonable period of time. We shall not be able to cancel any orders that have already been processed by Us. You agree not to dispute the same as Our decision regarding the cancellation of orders shall be final and binding on You.
8.5.Set-off of any benefits availed by the Buyer:In the event the Buyer has availed any benefit under any marketing or promotions provided by Us in relation to the Product/s for which the order has been cancelled by You or by Us , You agree that the same shall not be available to be set-off or be claimed in any forthcoming transactions.
9. ALTERATION OR AMENDMENTS TO THE CONDITIONS
9.1.We reserve the right to make changes to Our policies, and these Terms of Sale at any time. You shall be subject to the policies and Terms of Sale in force at the time You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case the same shall apply to the orders previously placed by You). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and shall not affect the validity and enforceability of the remaining.
10. REPLACEMENT POLICY
10.1. In the rare event you receive a Product/s that is defective, doesn't work, or stops working within 7 days of delivery, please contact Us immediately either by phone or contact us online. Most manufacturers offer a "replacement guarantee" and we will do everything we can to assist you in getting your replacement quickly and hassle-free. You may request for a replacement for defective Product/s received by you except those that are explicitly identified as not returnable on the product page. Product/s are returnable if you’ve received them in a condition that is physically damaged, has missing parts or accessories, defective or different from its description on the product page on Our Website.
10.2. In the event of any product/s purchased by you, is found to be defective or fails to work or stops working, as stated in Clause 10.1, then the defected product shall be replaced only when an intimation of the same is communicated to Us within 7 days of delivery after which the product shall not be replaced or returned by us in spite of the product being defective.
10.3. Notwithstanding anything contained in Clause 10.1 and 10.2 stated above, it is agreed by you that the Product which needs to be replaced or returned shall be accepted by us only if the product/s has not been used and the tags for the product/s are intacted. In the event of the product/s requested for return or replacement by you has been found to be used or if the tags are missing of the product then we shall be at the liberty to refuse to accept such a product irrespective to the number of days within which the request of such replacement or return is made by you.
11. EVENTS BEYOND OUR REASONABLE CONTROL
11.1.We shall not be responsible and/or liable for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
12.1.If you breach any or all of these conditions and we take no action, we shall still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13.1.We reserve the sole right to alter / change / modify any conditions of this Terms of Sale.
14.1.This Terms of Sale Policy shall be governed by the laws in India and courts in Mumbai alone shall have exclusive jurisdiction over matters relating to or arising from this Agreement
15. USER ELIGIBILITY
15.1.You shall not be eligible to be a User / Buyer in relation to Our Website, if you are less than 21 years of age. In the event You are found to be less than 21 years of age, We shall be at a liberty to bar You from Our Website.
16. CONTACT US
16.1.You can email us at the email addresses below. We shall respond to You within 3 working days. Do mention your Order Number in the subject line of Your email, if You are contacting us about an order You have placed. This shall help Us respond to Your query faster - email@example.com