Terms & Conditions
Binding Agreement
These
Terms of Service (the “Terms”) govern the use of Hobbytools.in (the “Site”) by
you, the individual (“you”, “your” or user) and any services made available to
you on or through this Site (the “Services”) which is owned and operated by GARVIN
Tools (hereinafter, “GARVIN Tools”, “Company””, “We”, “Us” or “Our”). These
terms constitute a legally binding agreement between you and GARVIN Tools. For
the purposes of this Agreement, “you” or “user” means the person using the Site
or the Services or, if you are using the Site or Services on behalf of your
company (or another business entity), then “you” or “user” includes your
company (or such other entity), its officers, members, agents, successors and
assigns, together with you. If you are registering as a business entity or as a
seller, you represent that you have the authority to bind the entity to these
Terms. By using the Site you agree to be bound by the following terms and conditions
including those additional terms and conditions and policies which are
referenced herein.
Scope of the Agreement
Our
Services are available only to, and may only be used by individuals who are
over 18 years of age and can enter into legally binding contracts under
applicable law. Our Services for sellers are not available to, and may not be
used by persons who are not citizens of India.
These
Terms shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the Courts at
New Delhi (India)
Terms of Sale
By
placing an order with us, you offer to purchase the product selected by you
(“Product”) in accordance with the terms on the Site in relation to the
pricing, description and policies related to shipping, returns, replacements
and refunds as described or referenced in the Product description and site-wide
Cancellation and Return Policy. By placing an order, you also represent that
you are of legal age to form a binding contract and that all information
provided by you in connection with the purchase is true and accurate and that
you are authorised to use the payment methods used by you.
GARVIN
Tools hereby disclaims any responsibility or guarantees of exactness as to the
quality, safety or legality of any Products, services or information as ordered
or purchased by the user. The Products purchased or obtained by the user
through the Website are the sole responsibility of the seller. The user
acknowledges this risk and agrees to indemnify and hold GARVIN Tools harmless
from any claim or demand, including reasonable legal fees arising on account of
the Services or Product not meeting the descriptions or user expectations.
Purchases
are retractable only when explicitly allowed by the seller in the conditions of
sale as referenced or described in the Product description or when the seller
materially changes the product description after a sale has been made or the
seller defaults in any way with the product listed or with the delivery of the
product.
The images & video of the product on the
product pages are just to demonstrate the functionality of the product &
the actual product might vary in colour, size or shape as per manufacturing in
some cases. Though that doesn't change the functionality of the Products &
the Products are meant to do the work with the same efficiency.
Billing & Payments
All
items supplied will be accompanied by an official GST invoice. If payment for
your order has been made in advance the order will be dispatched after receipt
of the same.
Delivery
Generally
all orders are processed and shipped within 1-2 working days after the order is
placed & confirmed. However, certain categories of products have different
lead-times for delivery due to the nature of the product. If the delivery of a
product is delayed for an extended period of time the same will be informed to
the buyer. In some rare cases the product can go out of stock with the seller
& the same would be informed to the buyer and necessary refund would be made.
Kindly note, due to carrier availability it may not be possible to supply
products to certain areas and locations. We will advise you if the area is not
serviceable after you have placed your order. Transit times vary depending on
your location and mode of dispatch opted for. Title of the Products shall pass
on to you upon delivery of the Products to the carrier.
Please
note that while we may endeavour to have your shipment delivered at your
door-step certain mitigating circumstances and occurrences may necessitate that
the same may be required to be collected by you from a designated location.
Logistics
GARVIN
Tools uses third party logistic services for shipping & handling products,
therefore GARVIN Tools is not, in any way legally responsible for the delay or
damage in/during the delivery or the mis-behaviour or mis-conduct of courier
person/branch during the process. We however still follow our returns/refund
policy in case such events occur. GARVIN Tools in all cases gives priority to
customer satisfaction & such events, if any, should be reported to us so
that our team can resolve matters or take actions against such behaviour on any
such occasion.
Shipping charges and taxes
Separate
charges for shipping and handling will be shown on your order form, if
applicable. We reserve the right to make partial shipments, which will not
relieve you of your obligation to pay for the remaining deliveries.
Privacy and use of customer information
The
Company reserves the right to use customer information such as customer name,
phone numbers, emails or other contact details for any kind of service related
activities such as Product promotion, Services promoted, inquiry, new updates
or advertising. You agree and undertake to use the Site and the Services of the
Company in accordance with these Terms and all applicable laws or regulations
in force in or outside India. By way of example, and not as a limitation, you
agree and undertake that when using the services provided by the Company, you
will not:
·
provide false, inaccurate or misleading
information;
·
defame, abuse, harass, threaten, impersonate or in
any way violate the legal rights of others;
·
infringe any third party’s copyright, patent, trade
mark, trade secret or other proprietary rights or rights of publicity or
privacy;
·
surreptitiously expropriate any system, intercept
or access without authority any data or personal information;
·
copy, reproduce, modify, create derivative works
from, distribute or publicly display any content (except for your information)
from GARVIN Tools without the prior expressed written permission of GARVIN
Tools and the appropriate third party, as applicable.
·
Link directly or directly to any external websites
that to the user’s knowledge violate these terms or applicable laws.
·
User Account and Security
You
will receive a password and account designation upon completing the Site’s
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify us of
any unauthorised use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. We will not be liable for any loss or damage arising from your failure
to comply with this provision of this Agreement.
Privacy Policy
The
User hereby consents, and agrees that he has read and fully understands the
Privacy Policy of the Site which forms a part of these Terms. The User further
consents that the terms and contents of such Privacy Policy are acceptable to
him.
Disclaimer Of Warranties/Limitation Of Liability
GARVIN
Tools neither warrants nor makes any representations regarding the quality,
accuracy, continuous availability or completeness of any Data, Information,
Product or Service. GARVIN Tools is not liable for any information provided by
its members.
In
no event shall GARVIN Tools be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Site or Services; (b) unauthorised
access to or alteration of the user’s transmissions or data; (c) any other
matter relating to the Services; including, without limitation, damages for
loss of use, data or profits, arising out of or in any way connected with the
use or performance of the Site or Services.
You
agree to indemnify and hold us harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of your
breach of these Terms & Conditions (including the documents incorporated by
reference), or your violation of any law or the rights of a third party.
General
The
headings and subheadings in this document are intended for convenience and easy
reference and are not intended to define or limit the scope or extent of the
Terms in any manner. “Acceptance” of the Terms as described above will amount
to the acceptance of all the terms and provisions set out here in totality.
These
Terms will prevail over any conditions of sale imposed by a seller.Our failure
to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. No oral explanation or oral
information given by any party shall alter the interpretation of this User
Agreement. We reserve the right to alter these Terms at any time.
Severability
If
any provision of these Terms is determined to be invalid or unenforceable in
whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision
and all other provisions of these Terms shall continue to be in full force and
effect.
Termination
GARVIN
Tools may suspend or terminate your use of the Services provided by GARVIN
Tools without notice. If you or GARVIN Tools terminate your use of the Site or
any Service, GARVIN Tools may delete any content or other materials relating to
your use of the Service and will have no liability to you or any third party
for doing so.