Terms & Conditions of Use
Welcome to HomeEkart.com ("Site"). This site is a property of HomeEkart Retail.
All products/services and info displayed on HomeEkart.com constitute an invitation to offer to the customers across India. Your instruction for purchase establishes your offer which shall be subject to the terms and conditions as mentioned below. HomeEkart.com reserves the right to accept or discard your offer. We will inform you by email as soon as possible to confirm the receipt of your order and email you once again to confirm particulars and process the order. This notification will be sent on the email ID provided by you during the registration process. Our acceptance of your order will only take place upon dispatch of the products you ordered through our website.
2. Membership Eligibility
b. HomeEkart.com holds the right to dismiss your membership and refuse to provide you with access to the Site if HomeEkart.com determines that you are below the age of 18 years. The Site is not available to persons whose membership has been adjourned or terminated by HomeEkart.com for any reason whatsoever. If you are registering as a business unit, you signify that you have the authority to bind the unit to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who use this website from India. HomeEkart.com makes no representation that any products or services mentioned to in the materials on this website are suitable for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. HomeEkart.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
c. Except where additional terms and conditions are provided which are product specific, these terms and conditions overtake all previous representations, agreements or understandings and shall overcome notwithstanding any change with any other terms of any order submitted. By using the services of HomeEkart.com you agree to be bound by the Terms and Conditions.
3. Account and Registration Obligations
You also agree to:
1. Provide correct, precise, present and complete information about yourself as prompted by HomeEkart's registration form.
2. Sustain and punctually update the registration data to keep it true, precise, present and complete. If you provide any information that is untrue, imprecise, imperfect, or not current or if HomeEkart.com has reasonable grounds to suspect that such information is false, inaccurate, not present or not in accordance with the User Agreement, HomeEkart.com has the right to forever suspend or terminate your membership and refuse to provide you with access to the site.
4. Pricing Information
While HomeEkart.com endeavours to deliver accurate product and pricing information, pricing or typographical errors may occur. HomeEkart.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an mistake in pricing or product information, HomeEkart.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, HomeEkart.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be believed accepted and HomeEkart.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address mentioned by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that HomeEkart.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to HomeEkart.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We endeavour to provide you with the best prices possible on HomeEkart.com. However, sometimes a price online does not match the price in other retail stores. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.
5. Cancellation by HomeEkart.com
· Cancellation by HomeEkart.com
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 cancelled 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 cancelled or if additional information is required to accept your order. If your order is cancelled after your payment is received by us, the said amount will be refunded back to you.
· Cancellation requests by the Customer
In case we receive a request for cancellation and the order has not been processed or approved by our team, 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 our team. HomeEkart.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by HomeEkart.com and accept HomeEkart.com's decision regarding the cancellation.
6. Third Party Products
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not sold by HomeEkart.com. In other words these additional terms and conditions are applicable in case you buy products sold on HomeEkart.com by third party vendors.
You understand and agree that there may be certain products, which will be sold on the Site by third party vendors. HomeEkart.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
· HomeEkart.com is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. HomeEkart.com cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
· HomeEkart.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, HomeEkart.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. HomeEkart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
· You release and indemnify HomeEkart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, HomeEkart.com cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
· All other terms and conditions of this User Agreement are applicable to such transactions.
7. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on HomeEkart.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to HomeEkart.com. Further the said information will not be utilised and shared by HomeEkart.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. HomeEkart.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
a. Fraudulent /Declined Transactions
HomeEkart.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. HomeEkart.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
HomeEkart.com shall not absorb any 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 pre-set limit mutually agreed by us with our payment service providers/ acquiring bank from time to time.
b. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. You Agree and Confirm
a. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by HomeEkart.com for redelivery shall be claimed from you.
b. That you will use the services provided by HomeEkart.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
c. You will provide authentic and true information in all instances where such information is requested of you. HomeEkart.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), HomeEkart.com has the right in its sole discretion to reject the registration and debar you from using the Services of HomeEkart.com and / or other affiliated websites without prior intimation whatsoever.
d. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
e. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
f. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
g. HomeEkart Retail will not be liable for any type or kind of 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. The User must exclusively use his/her own card on the site.
9. You may not use the Site for any of the following purposes:
a. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
b. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
c. Gaining unauthorized access to other computer systems.
d. Interfering with any other person's use or enjoyment of the Site.
e. Breaching any applicable laws;
f. Interfering or disrupting networks or web sites connected to the Site.
g. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
The Product pictures are indicative and may not match with actual Products
· Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash or Cheque
· Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
12. Allotment & Shipping
· The products will be allotted to the customers whose payment has been received first
· Items for orders placed together may be shipped separately
13. Modification of Terms & Conditions of Service
HomeEkart.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
14. Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Ahmedabad 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 HomeEkart.com which is a subsidiary of HomeEkart Retail. 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 Ahmedabad. The High Court of judicature at Ahmedabad alone shall have the jurisdiction and the Laws of India shall apply.
15. Copyright & Trademark
HomeEkart.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of HomeEkart.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to HomeEkart.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HomeEkart.com. You may not modify, distribute or re-post anything on this website for any purpose.
The HomeEkart.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HomeEkart.com. 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 Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply HomeEkart.com endorsement, sponsorship or recommendation of the third party, information, product or service.
HomeEkart.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site 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 Contents, the Site or any related software. All software used on this Site is the property of HomeEkart.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HomeEkart.com ,one of its affiliates or by third parties who have licensed their materials to HomeEkart.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of HomeEkart.com and is also protected by Indian and international copyright laws.
16. Objectionable Material
You understand that by using this Site or any services provided on the Site, 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 Site and any service at your sole risk and that to the fullest extent permitted under applicable law, HomeEkart.com and its affiliates 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 HomeEkart.com, 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 HomeEkart.com or any third party including 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.
This User Agreement is effective unless and until terminated by either you or HomeEkart.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. HomeEkart.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to HomeEkart.com. Upon any termination of the User Agreement by either you or HomeEkart.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. HomeEkart.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
19. Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while HomeEkart.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
HomeEkart.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, HomeEkart.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of HomeEkart.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
HomeEkart.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, HomeEkart.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
20. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HomeEkart.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from HomeEkart.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
21. Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HomeEkart.com with respect to the HomeEkart.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HomeEkart.com with respect to the HomeEkart.com sites/services. HomeEkart.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.