Last Updated 07-June-2012
We recommend that you print and keep a copy of these Terms and Conditions for future reference.
This site is created and controlled by SAIPL in Bangalore, Bharat; as such the laws of Bharat shall apply; courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and disclaimers. SAIPL reserves the right to make changes to the site and the terms, conditions and disclaimers.
"SwamiPC Shopping"/ "Site" means the online shopping platform owned and operated by Swami Ajayanand Infotech Private limited ("SAIPL"), which provides a venue to the users of SAIPL to buy the products listed on SwamiPC Online Shop.
"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on SwamiPC Shopping.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on SwamiPC Shopping by placing an order for and or purchases any products offered for sale on SwamiPC Shopping.
"User"/ "You" means and includes any you and/or any person or an entity using or accessing the services provided on this Site.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
Modification of Terms and conditions of Service:
SAIPL may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
To avail of and use the Services you will have to register with SwamiPC Shopping. As a part of registration process you agree to provide SwamiPC current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
If you provide any information that is untrue, inaccurate not current or incomplete or SAIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAIPL has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to SwamiPC Shopping.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of SAIPL.
You agree and understand that SwamiPC Shopping service is advertising supported and you grant SAIPL the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant SAIPL the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.
You shall notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Users consents to receive communications from SAIPL electronically. SAIPL will communicate with Users by email or by posting notices on the Site.
Formation of Contract
1. No Contract shall come into existence until the Customer's order has been accepted by SAIPL and such acceptance has been received by the customer.
2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
Orders, Price and Payment
1. Unless credit terms have been expressly agreed by SAIPL, payment for the products or services shall be made in full before physical delivery of products or services.
2. Credit card details: -
You agree, understand and confirm that the credit card details provided by you for availing of services on SwamiPC Shopping will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to SwamiPC Shopping. Further the said information will be not be utilized and shared by SwamiPC Shopping with any of the third parties unless required by law, regulation or court order.
3. Prices are subject to change without prior notice.Software
1. All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that SAIPL does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
2. All rights, title or interest in respect of the intellectual property rights in the software remain with SAIPL or the licensor of the software at all times.Title and Risk
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.Delivery
1. SAIPL shall deliver the products to the place of delivery designated by Customer and agreed to by SAIPL ("Place of Delivery").
2. Any dates quoted by SAIPL for the delivery of the products are approximate only and shall not form part of the Contract. SAIPL shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
3. SAIPL may revise and/or discontinue Products at any time without notice as part of SAIPL's policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that SAIPL's policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
4. Please read Complete SAIPL\’s Delivery policy at our website www.SwamiPC.inRefund
1. Items once sold can't be refunded.
2. In case of cancellation of order before confirmation/delivery we will refund the payment after deducting any processing charges.Acceptance of Products
1. Unless the Customer notifies SAIPL to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the prices of the Products whilst any claim is being investigated by SAIPL.
2. New SAIPL-branded Products purchased under these Terms and Conditions directly from SAIPL by an end-user Customer may be returned by Customer up to seven (7) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with SAIPL's "Delivery and Return Policy" in effect in the Location on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by SAIPL in as-new or as-shipped-by-SAIPL condition, including conformance to invoiced specification, and all of the manuals, diskettes, CDs, power cables and other items included with a Product must be returned with it.Warranty
1. Unless specified otherwise and in addition to any rights the Customer may have under statute, SAIPL warrants to the Customer that SAIPL branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty").
2. This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by SAIPL, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than SAIPL personnel or any person authorized by SAIPL, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by SAIPL.
3. The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from SAIPL.
4. During the one-year period beginning on the invoice date, SAIPL will repair or replace Products returned to SAIPL. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. SAIPL will ship the repaired or replacement products to Customer freight prepaid.
5. While not affecting any non-excludable warranty or guarantee implied by law, SAIPL does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
SAIPL will provide service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. SAIPL has no obligation to provide service or support until SAIPL has received full payment for the product or service/support contract for which service or support is requested.
1. SAIPL shall not be liable in contract or in tort for any loss or damage suffered and consumer’s rights are limited to those set out in these Terms and Conditions and under statute.
2. To the extent permitted by law, SAIPL's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
3. The Customer shall indemnify SAIPL and keep SAIPL fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
4. To the extent permitted by law, SAIPL and Customer agree that SAIPL will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. SAIPL shall not be liable to the Customer for any incidental, indirect, special orconsequential damages arising out of or in connection with the purchase, use or performance of products or services, even if SAIPL has been advised of their possibility.
5. Any service response times stated by SAIPL in the service contracts are approximate only and SAIPL shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
6. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by SAIPL shall be subject to correction without any liability on the part of SAIPL.
7. Under the Act, where implied conditions and warranties cannot be excluded, SAIPL's liability for breach of such conditions and warranties shall be limited, at SAIPL's option, to :
(a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR
(b) in the
case of services, the supplying of services again; or the payment of the cost of
having services supplied again.
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.General
1. The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of SAIPL. Any such unauthorized assignment shall be deemed null and void.2. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.