TERMS & CONDITIONS
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘FOXBOX RETAIL PVT. LTD.’ (“Company”)’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the Company, bearing Company number U74999MH2016PTC271936, GST No. 27AACCF7289F1ZC. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written, prior dispensation. We maintain that, by confirming your order, you have read and do unconditionally accept our general Conditions of Sale. Evolutyz Limited including its Affiliates, group Companies, subsidiaries (“Branding Partner”) has without transfer of any interest, right, title in their Intellectual Property Rights, given us the rights to use their Intellectual Property Rights on the Products being sold through this Website but in accordance with the terms agreed and basis their branding guidelines. These Terms and Conditions of Sale are important to you and the Company as they are used to protect your rights as a valued customer and our rights as a business.
For the purpose of this Terms and Conditions, the term “Product” shall mean and include all Goods, products listed and offered for sale on the Website, bearing the logo, branding names, etc. (“Intellectual Property rights”) of the Branding Partner and “Order” shall mean the order places for the Product(s) by you through the Website.
The Products being sold through this Website have not been manufactured by the Branding Partner and neither does the Branding Partner provide any warranty or guarantee or endorsement towards the Products sold through this Website.
The conditions of Sale, alongwith description and warranties if any being provided by the Company shall be mentioned against each Product on the Website The Company takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given. Your contract is with us (the Company) and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or commercial purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the Products ordered by you through the Website.
ACCESS TO THE WEBSITE
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
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 availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. We will always endeavour to fulfil your Order once completed and paid for. If a product should become unavailable after your Order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your Order includes Products that are temporarily unavailable, we will send the available Products out first and will follow the same with the outstanding items once they are available again. In case of non availability, we will refund the shipping fees, if any, collected from you for the rest of the Order. If relevant, we will offer you a replacement for an unavailable Product, a product of equal price and quality. If you accept the replacement and then wish to return it to us in accordance with the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline the offer and the original Product, for which the Order was initially placed by you is permanently unavailable, we will refund the price of the unavailable Product, if so collected from.
The Company currently offers payment gateway to enable you to pay for your Order. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (The Company is charged as the seller, you are not charged as the buyer) so you will not pay any extra amount for your Order. You do not need to hold an account with these Merchants to use these methods of payments.
Your Order will be delivered to the address indicated by you when your Order was placed. The Products bought through the Website will be delivered to one address only as confirmed by the User.
The Company does everything in its power to respect the delivery times indicated on the Website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
RIGHT OF RETURN
The Company allows you 7 days to return a Product so purchased from us that you are not satisfied with the same. Your right of return starts from the time your Order is delivered. You can return the Product to us within this time frame, at your own expense, with your invoice and a completed and signed ‘Return coupon’.
We request that you to send us the Product by registered post / courier at the address mentioned below. Shipping fees remain the customer’s responsibility at all times. The present right of return only applies to Products that are returned in their original, complete condition. Any Product that has been used, damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the Product, will not be accepted and no refund shall be processed for the same. The deadlines mentioned above are effective from the date of receipt of the Product. Address for return of Products:
FoxBox Retail Pvt.Ltd. 301, Antariksh, Marol Makwana Road, Andheri East, Mumbai - 400059.
PRIVACY AND PROTECTION OF PERSONAL DATA
The details you give us are essential for the processing and delivery of your Orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your Order. By registering on the Website, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to the Company to find out what personal information we hold concerning you. You may at any time, and by request, modify this information. If you object to your information being transferred or used, please do not use the Website.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you. You shall not hold us responsible for the same.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All the content on the Company Website (illustrations, texts, names, brand names, images and videos) is the property of the Company. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by the Company. The Company cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Company will not, under any circumstances, be held responsible if a User violates rights held by a third party through his activities on the site.
Further the Products displayed on the Website bear the logo and branding of the Branding Partner, which are the Intellectual Property Rights (IPR) entirely belonging to the Branding Partner. You acknowledge that the ownership of the IPR shall at all times vests with the Branding Partner and mere purchase of the Products bearing the IPR of the Branding Partner shall not tantamount to transfer of the rights, interest, title in the Intellectual Property Rights of the Branding Partner. You also warrant to not tamper the logo and branding of the Branding Partner or misuse the same in any manner whatsoever. You also acknowledge that you have no right whatsoever in relation to the IPR of the Branding Partner and shall not attempt to register the same in your name.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc.
When you visit the Website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
USE OF THIRD PARTY SERVICES
The Company and the Branding Partner will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable when a contract for the sale of goods was formed.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible 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.
INDEMNITY AND RELEASE
You shall indemnify and hold harmless the Company, the Branding Partner, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company, the Branding Partner and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Website or the Products, whether in whole or in part, or create any derivative works therefrom.
If you breach these conditions and we or the Branding Partner take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.