Terms & Conditions
These
Terms and Conditions apply to the ordering, purchase and delivery of
GetNew products on www.getnew.in (“Site”). Products sold on the
Site (“Products”) are either sold, by GetNew Technology &
Services or sellers appointed by GetNew Technology & Services
(“Sellers”) (GetNew Technology & Services and Sellers are
collectively referred to hereinafter as “we”, “us” or “our”).
The Products are only available for purchase in India. These Terms
and Conditions do not cover products not purchased from the Site or
sale of Products by third parties to you.
ORDERS
You
can place an order for the Products (“Order”) by following the
instructions on the Site. We will email you an order confirmation
after we have received your Order (“Order Confirmation”). An
Order Confirmation or processing of your Order does not constitute
acceptance of your Order. All Orders are subject to our acceptance
and no contract for the purchase of Products or Services will be
formed until your Order is accepted by one of the following:
(a)
delivering the Product to you and sending you a shipment confirmation
email; or (b) providing a Service to you.
For purposes of
these Terms and Conditions, reference to “Service” means the
performance of a task, assistance, or access to a resource (such as
access to an information database) that we make available to
you.
We reserve the right (at our sole discretion) to
decline, reject or limit your Order, for various reasons including
if:
(a) you do not accept these Terms and Conditions
(including the Privacy Policy);
(b) you do not provide a
valid shipping address within India;
(c) your payment for
the Order is unsuccessful;
(d) the Product or Service you
have ordered is not available or will not be available within thirty
(30) days;
(e) the information you provided us is incomplete
or inaccurate, or
(f) if there are any errors in connection
with your Order or the Site.
If we decline, reject or
limit your Order after you have made payment, we will notify you and
refund the amount paid. If there are any errors on the Site that
affects your Order or if there has been an error in the price of the
Product you ordered, we reserve the right to correct the error and
will endeavour to notify you of the same. In such case, you may
either choose to purchase the Product at the correct price or
information, or cancel your Order and we refund you the amount
paid.
CONTRACT
(a)
Your Order; (b) these Terms and Conditions; (c) GetNew’s
Privacy Policy, and (d) any associated GetNew warranty statements,
license agreements, applicable attachments and documents created
pursuant to these Terms and Conditions, will form the contract
between us (the “Contract”). Any additional documents or
communications are not valid or binding on us unless expressly agreed
in writing by us.
PRICES
AND OFFERS
All
prices are in India Rupees and unless specified otherwise, include
all applicable taxes and standard delivery charges. All promotional
prices are final prices and cannot be combined with other existing
promotional offers. Offers, prices, specifications and availability
may change or be withdrawn without notice.
We take no
responsibility for any editorial, photographic or typographic errors,
and may correct any errors and change or update information on the
Site without prior notice. Subject to a reduction in price in
accordance with the succeeding paragraph below or unless a change in
price is caused by our error, any change in Product price will not
affect you once we have issued you with an Order
Confirmation.
PAYMENT
The
total amount specified on the checkout page is the amount payable. We
accept payment by valid Indian-issued Visa and Master credit cards.
Your credit card will be charged at the point of purchase. We are not
liable for any fees incurred by you as a result of your chosen
payment method. In certain circumstances, we may require a
re-authorization for your chosen method of payment. However, you will
not be charged twice if this occurs.
SHIPMENT
AND DELIVERY
Freight
charges associated with non-standard shipping are your
responsibility. We will inform you of such freight charges at the
time you place your Order. All deliveries require a signature,
therefore you are required to ensure that someone is present to
accept delivery.
After placing an order, you will receive an
Order Confirmation email providing you with a unique reference
number. Once your Order has been shipped, you will receive an Order
shipment email confirming your freight consignment number for freight
tracking with our freight provider.
Delivery time depends on
the delivery location and is estimated to be one (1) week after
shipment to most major metropolitan areas, and two (2) weeks after
shipment to other areas. Items in your Order may be shipped together
or separately. If your Order is not delivered within thirty (30) days
from payment, you are entitled to cancel your Order and we will
provide you with a refund.
CANCELLATION
AND VARIATION BEFORE DELIVERY
Unless
otherwise provided in these Terms and Conditions, Orders cannot be
cancelled or amended after the Order is submitted. You are therefore
advised to review your Order carefully before proceeding to checkout
and payment.
DELIVERY
ERRORS
If
we make an error by delivering the incorrect Product and/or quantity
to you, we will provide you with the correct Product and/or quantity
and will arrange return or collection of the incorrect Product at no
cost to you.
PRODUCT
DAMAGED ON ARRIVAL
If
the Product delivered to you has obvious damage on its packaging or
upon opening the packaging you discover that the Product has
sustained physical damage, please contact us within 24 hours from the
date of delivery and we will provide you with a replacement Product.
You will also be required to provide us with proof of purchase and
any delivery documentation. We will arrange for the return or
collection of the damaged Product from you at no cost to you.
RETURNS
POLICY AND PRODUCT WARRANTIES
The
Products come with warranties as per warranty policy provided by
GetNew Technology & Services along with the Product. You are
entitled to a replacement or repair of the Products in the
circumstances detailed in our warranty policy. If a Product is faulty
or if you have any problems with your Product.
This
section does not affect your statutory rights under Indian consumer
law and your rights set out in these Terms and Conditions are in
addition to any statutory right you may have under the laws of
India.
Without limiting the foregoing, and to the extent
permitted by law, all express and implied representations,
conditions, warranties, guarantees or other provisions that are not
contained in these Terms and Conditions (whether based in
legislation, the common law or otherwise) are excluded, including any
representations, conditions, warranties or guarantees as to
acceptable quality, fitness for purpose or timeliness.
LIMITATION
OF LIABILITY
To
the extent permitted by law, we (including our related bodies
corporate, officers, employees and agents) exclude all liability
arising from your use of the Site, any error or mistake occurring on
the Site, any interruption of use, any bugs, viruses, malware, Trojan
horse virus or other harmful code or communications which may be
transmitted to or through the Site or any links to third party
websites from the Site.
Except as expressly provided in
these terms and conditions and to the fullest extent allowed by law
In no event whether for breach of contract, warranty, negligence,
strict liability in tort, or otherwise will we (including our related
bodies corporate, officers, employees and agents) be liable for any
losses or damages that a third party suffers, any losses or damages
that a third party suffers, any losses or damages which are not
foreseeable consequence of our failure to comply with these terms and
conditions, any loss or damage to data, any special, incidental, or
indirect damages or for any economic consequential damages of any
kind, any lost profits, business revenue, goodwill or anticipated
savings. This limitation and exclusion will apply even if we were
informed or should have known of their possibility.
TITLE
AND RISK OF LOSS
When
you purchase any Product, title is transferred to you on delivery.
You undertake to pass us title to any returned Product free from all
encumbrances. For each Product, the risk of loss or damage will pass
to you on delivery of the Product.
PRIVACY
GetNew
Technology & Services will process, store and use personal
information collected from you or on your behalf from your
transaction on the Site. Your data protection and privacy rights and
the manner in which your personal information will be collected,
processed, stored and used are set out in GetNew Technology & Services’s privacy policy.
GENERAL
You
warrant that any purchase made by you from the Site is not for the
purpose of commercial resale.
We will not be liable for any
loss or damage suffered or incurred by you for any delay in
fulfilling or failure to fulfil your Order caused by any circumstance
beyond our reasonable control.
We reserve the right to
amend, vary and/or replace these Terms and Conditions from time to
time at our sole discretion.
Any provision of these Terms
and Conditions which is held to be illegal, void or unenforceable
shall be deemed to be severed and the remainder of these Terms and
Conditions read in full force and effect.
These
Terms and Conditions are governed under the laws of India and you
submit to the courts at Nagercoil having jurisdiction to settle any
dispute arising out of or in connection with these Terms &
Conditions.