Terms & Conditions

The Terms and Conditions contained herein along form an agreement regulating our relationship with regard to the use of "www.giftsxpert.in" by you.

Please read this agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time.

GiftsXpert.in may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms.

Your use of the website after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.

Definitions:

"Agreement" means the Terms and Conditions (T&C) contained herein under the GiftsXpert.in brand name. It will also include references to this agreement as and when amended, notated, supplemented, varied or replaced.

"Website" means the "GiftsXpert.in" owned and operated by Epoch Infotech, which provides a venue to the users of GiftsXpert.in to buy the products listed / displayed at GiftsXpert.in.

"Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.

"Customers/User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale by GiftsXpert.in by placing its order on this website.

"Product's" connotes the goods, services promoted / displayed on the website and offered for any use / sale.

Online Purchases:

This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions.

The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to product(s) and services, etc., over which we have complete control and same may be the subject to change.

The agreement between you and GiftsXpert.in is subject to the following terms and conditions :-

The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

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 shopping services of GiftsXpert.in, you agree to be bound by the Terms and Conditions.

All prices, unless indicated otherwise are in Indian Rupees.

By indicating User's acceptance to purchase any product or service offered on the website, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, GiftsXpert.in shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GiftsXpert.in shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the same shall be credited to your account and duly notified to you by email.

In a credit card transaction, you must use your own credit card. GiftsXpert.in will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or shipping address) any extra cost towards re-delivery shall be claimed from the User placing the order.

Payment gateway takes 24 to 48 hours to confirm the payment to check for fraudulent transactions. Shipment/Delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with GiftsXpert.in. Usually all orders are processed and shipped within 7 working days (excluding Saturday & Sunday), once payment is confirmed. However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering.

GiftsXpert.in shall not be liable for any delay / non-delivery of purchased goods in the event of flood, fire, wars, acts of God or any cause that is beyond the control of GiftsXpert.in.

The product(s) shall be subject to manufacturer's terms and conditions for warranty, service and maintenance, and company does not accept any responsibility for the same. The company also does not accept any responsibility for the usage of the product(s) by the user.

GiftsXpert shall have no liability for the defects in product received by the customer and the customer consents to agree to the terms of the return policy of the respective supplier in case of any defective products sold by such supplier to the customer.

The user agrees to use the services provided by GiftsXpert.in, its affiliates, consultants and contracted companies, for lawful purposes only. Company may assign any or all of its rights under these terms to its affiliates without consent of the user.

Any attempt by a user to deliberately damage the website or undermine the legitimate operation of the website is in violation of criminal and civil laws and should such an attempt be made, company reserves the right to seek damages/injunction from any such user to the fullest extent permitted by law.

The user agrees to provide authentic and true information. GiftsXpert.in reserves the right to confirm and validate the information and other details provided by the user at any point of time. If upon confirmation such user details are found not to be true (wholly or partly), GiftsXpert.in has the right in its sole discretion to reject the registration and debar the user from using the services available on the website, and / or other affiliated websites without prior intimation whatsoever.

Partial delivery of product needs to be reported within 10 days of receipt of the product.

In the event of non-delivery of the products to the customers, GiftsXpert's liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product(s).

GiftsXpert's liability to any claims will only be up to and limited to the cost of the product units in question.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card Account.

In case we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us.

We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

This user agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this user agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Epoch Infotech and his decision shall be final and binding on the parties hereto.

The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.

GiftsXpert.in expressly reserve all intellectual property rights in all text, programs, product(s), processes, technology, content and other materials, which appear on this website.

Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of GiftsXpert.in or any third party's intellectual property rights.

All rights, including copyright, in this website are owned by or licensed to GiftsXpert.in. Any use of this website or its content, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of GiftsXpert.in. You may not modify, distribute or re-post anything on this website for any purpose.

The GiftsXpert.in names and logos and all the related product(s) and service names, design marks and slogans are the trademarks or service marks of Epoch Infotech All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.

All the material on the website, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the content and other downloadable material displayed on the website for your personal use only.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, the website or any related software.

All software used on this website is the property of GiftsXpert.in and protected by Indian and international copyright laws. The content and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this website is strictly prohibited.

Unless otherwise noted, all content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by GiftsXpert.in.

You understand that by using this website or any services provided by the website, 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 website and any service at your sole risk and that to the fullest extent permitted under applicable law, GiftsXpert.in shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.

You agree to defend, indemnify and hold harmless GiftsXpert.in, 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 GiftsXpert.in 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.

The users have read and agreed to the GiftsXpert.in terms and conditions and they have also agreed to receive promotional e-mailers and SMSes.

This user agreement is effective unless and until terminated by either you or GiftsXpert.in. You may terminate this user agreement at any time, provided that you discontinue any further use of this website. GiftsXpert.in may terminate this user agreement at any time and may do so immediately without any notification, and accordingly deny you the access to the website. Such termination will be without any liability to GiftsXpert.in. Upon any termination of the user agreement by either you or GiftsXpert.in, you must promptly destroy all material downloaded or otherwise obtained from this website, as well as all the copies of such material, whether made under the user agreement or otherwise.

All the information regarding the product(s) listed is taken from the company's website & company's catalogue. Some specifications are subject to change without prior notice.

Payment

User can pay through various modes of payment:

Net Banking
Credit Card
Debit Card/ATM
American Express
SBI Maestro
EMI

Any other mode of payment will not be acceptable by GiftsXpert.in.

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.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that GiftsXpert.in is not responsible for the operation of or content located on or through any such site.

Refund

The amount would be refunded within 7-21 working days (excluding Saturday and Sunday) from the date of cancellation.

*Please Note: Check your bank statement thoroughly to make sure that you have received your refund amount.

Modification of Terms & Condition

GiftsXpert.in reserves the right to modify Terms & Condition 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.

General Provision

All the terms and conditions between you and GiftsXpert.in shall be governed by the law of India. By visiting GiftsXpert.in, you agree to the laws. Any dispute of any sort that might arise between you and GiftsXpert.in or its affiliates is subject to Delhi jurisdiction only.

For further queries you can call us on give number on website (between 10am to 6pm), you can also write to us at customercare@giftsxpert.in, we will get back to you as soon as possible.

PAYBACK

GiftsXpert.in will not be responsible for the correctness of the PAYBACK card number being entered by the user.

Kingfisher

GiftsXpert.in will not be responsible for the correctness of the Kingfisher ID being entered by the user.

Cash On Delivery (COD)

GiftsXpert.in's Cash On Delivery service enables buyers to pay for their product(s) worth upto Rs. 10,000 on receiving the consignment. For orders more than Rs.10,000, the buyers need to make an upfront payment of 10% and the remaining amount, on receiving the goods.

In case of cancellations after the goods are delivered, GiftsXpert.in will accept the consignment only if it is not opened or tampered with and would refund the token amount (if paid). GiftsXpert.in will not be liable to take back the goods if the package is unwrapped or meddled with.

If by due diligence, we find that the user is misusing the COD service, we might disable the user's id or charge a processing fee.

The user agrees to receive unlimited messages with regards to their transaction from GiftsXpert.in. This clause shall survive till the expiry or termination of this User Agreement.

GiftsXpert.in may not be able to offer the Cash on Delivery (COD) payment service for a few products or some locations for any reason.

Returns & Replacement

To provide a great shopping experience on GiftsXpert.in, we offer our customers No Questions Asked Return Policy within 15 days of receiving for the non perishable item / order. Customers may return any unopened non perishable item in its original packaging, for a refund.

15 Days Guaranteed Replacement Only For Non Perishable Products

GiftsXpert.in offers a guaranteed replacement on any of its products if found with a manufacturing defect and notified within 15 days from the date of delivery. The terms of warranty and replacement are governed by manufacturer and GiftsXpert cannot act outside the preview of decision provided by manufacturer.

Due to Import and Export regulations and restrictions, GiftsXpert.in is unable to extend its Returns Policy for any items sourced outside of India.

You can contact our "Customer Care" before initiating the return. GiftsXpert.in may arrange courier pick-up for the customer depending on the location or GiftsXpert.in will instruct the customer on the process of returning the product.

Before accepting shipment, kindly ensure that the GiftsXpert.in or its partner's packaging is not damaged or tampered. If the customer observes the package is damaged or tampered, s/he should refuse to accept delivery and mail GiftsXpert.in customer care and we request to keep your order id handy while calling as our customer care executive may ask for it.

In cases, where the order delivered is in damaged condition or the contents are missing, customer must inform GiftsXpert.in within 24 hrs of delivery of the order and if the customer is unable to do so, then there shall be no liability of GiftsXpert.in to replace the order.

Opened packages will be accepted for returns only in cases where an incorrect product(s) has been shipped to customer.

GiftsXpert will refund the cost of the returned item. Please note that GiftsXpert.in will provide a refund facility only for product(s) ordered from the GiftsXpert.in website.

The customer needs to return any product(s) bought from GiftsXpert.in within a period of 15 days from the receipt of the shipment.

GiftsXpert does not accept any returns after 15 days of receiving the shipment.

Legal Disclaimer:

www.GiftsXpert.in and the information, tools and material contained herein ("Website") are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation. GiftsXpert.in maintains the right to delete or modify information on this website without prior notice.

This website is provided to you on an "as is" and "where-is" basis, without any warranty. GiftsXpert.in, for itself and any third party providing materials, services, or content to this website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or services to which the information refers. GiftsXpert.in will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the website, including but not limited to, your use of this website or your inability to use the website.

Update On: 05:04 PM Saturday, January 28, 2012

 
 

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