TERMS & CONDITIONS
Supertron Electronics Private Limited, bearing CIN: U32109WB1993PTC058211, is a private limited Company, having its registered office located at Supertron House, 2, Cooper Lane, Off R N Mukherjee Road, Kolkata, 700001.
By accessing, using or creating an Account on Supertron Electronics eStore, you acknowledge and warrant that these terms including the policy documents were carefully read in their entirety by you and understood, and that the terms including the policy documents are contractual and not mere recital; and as sufficient consideration for the same, SEPL may not have given you access to Supertron Electronics eStore or to any application, tool or service connected therewith, should you have not accepted to comply with, or be governed with, in totality with these terms.
TERMS OF USE OF SUPERTRON ELECTRONICS eSTORE
Date of implementation: 13/02/2019
SEPL provides you access to Supertron Electronics eStore subject to the terms and conditions set out hereinafter. Please read these terms carefully before using Supertron Electronics eStore since by using Supertron Electronics eStore you signify your agreement to be bound by these terms. These terms constitute an electronic record within the meaning of applicable Indian laws and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein for which direct evidence would be admissible in accordance with Section 4 of Information Technology Act, 2000, read with Section 65B of Indian Evidence Act, 1872. This electronic record is generated by a programmed information system and does not require any physical or digital signatures.
DEFINITIONS:
a) “Account” means an online account created by a User with internet access on Supertron Electronics eStore by registering there and setting up a password and other credentials for User verification to avSEPL the services and facilities offered by SEPL and conduct a range of transactions and letting such User’s files, images, transaction detSEPLs and settings follow securely to any device.
b) “Supertron Electronics eStore” means the website owned and operated by SEPL, and shall include to mean within it all web pages, applications, tools and services, or any part or portion thereof, being bundled together and offered to users.
c) “SEPL” means Supertron Electronics Private Limited, bearing CIN: U32109WB1993PTC058211, a private limited company incorporated under the provisions of Companies Act, 1956, having its registered office located at 2 COPER LANE HARE STREET KOLKATA WB 700001 IN.
d) “Content” means and refers collectively to any and all images, graphics, designs, etc. with additional visual and textual content, if any, be it of a particular style, subject or work, depicting a particular shape, configuration, pattern, packaging, scheme and combination of colours, or otherwise, or any trade names, logos or marks, listed on Supertron Electronics eStore, and covered as a subject within either the Copyright Act, 1957, Trademarks Act, 1999, or the Design Act, 2000.
e) “Force Majeure Event” means an event due to any cause beyond the reasonable control of SEPL, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout and/or industrial action of any kind, breakdown of transportation facilities, riots, acts of terrorism, insurrection, hostilities (whether war be declared or not), acts of government, governmental orders, restrictions, embargoes or breakdown, hacking of Supertron Electronics eStore and/or contents provided for availing the products and/or services such that it is impossible to perform the obligations here under, or any other cause or circumstances beyond the control of SEPL or its order fulfilment partners which prevents timely fulfillment of the obligations.
f) “Policy Documents” means all policies published on Supertron Electronics eStore.
g) “Terms” mean these Terms of Use of Supertron Electronics eStore published here, and shall also include by necessary implication the Policy Documents published on Supertron Electronics eStore.
h) “User” means any person who accesses Supertron Electronics eStore in any manner whatsoever and is governed by the Terms.
ACCOUNT:
If you use or access Supertron Electronics eStore, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or mobile device to prevent unauthorised access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform SEPL immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree and acknowledge that you will use your account on Supertron Electronics eStore to make purchases for all lawful reasons only, for your personal use only and not for any business purposes whatsoever. SEPL reserves the right to refuse access to Supertron Electronics eStore, terminate your Account, remove or edit content at any time without notice to you.
PRIVACY:
Please review the Privacy Policy of SEPL, which also governs your visit to Supertron Electronics eStore, to understand SEPL practices. The information provided by you to SEPL, by whatever means and in whichever form, during the course of usage of Supertron Electronics eStore will be treated in accordance with the Privacy Policy of SEPL and applicable laws and regulations. If you object to your information being used or transferred, please do not use Supertron Electronics eStore.
MULTI SIDED E-PLATFORM:
Supertron Online Store is an electronic platform where you can browse various ‘Supertron’ branded products/services. You agree, understand and acknowledge that Supertron Electronics eStore enables you to purchase products and services listed there directly from SEPL and its other associated entities at the price indicated therein at any time from any location within India subject to such location falling within the approved order fulfilment locations.
Supertron Electronics eStore is neither directed at nor targeted at minors. Use of Supertron Electronics eStore is available only to such Users who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor as per Indian laws i.e. under eighteen (18) years of age, or under any other legal disability, you may use Supertron Electronics eStore only with the involvement of a parent or your legal guardian.
ACCESS TO SUPERTRON ELECTRONICS eSTORE:
SEPL will do its utmost to ensure that avSEPLability of Supertron Electronics eStore will be uninterrupted and that transmissions will be error-free; however, due to the nature of Internet and certain other technology features including fSEPLure thereof, SEPL does not provide you any warranty in this regard. Similarly, your access to Supertron Electronics eStore or to your Account there may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction/deletion of services and facilities at any time without prior notice.
Supertron Electronics eStore may contain inaccuracies, typographical and/or clerical errors in either the nomenclature, or description of products and services or any Content listed on Supertron Electronics eStore. SEPL expressly disclaims any obligation to update Supertron Electronics eStore or any of the Content on Supertron Electronics eStore and you acknowledge that any reliance on any such information shall be at your sole risk. You also understand and agree that the colour/size of products may vary from the visual representation on Supertron Electronics eStore and in this regard the technical specifications mentioned for the product shall be the guiling norms. SEPL reserves the right, in its sole discretion, to correct any errors or omissions in any Content displayed or any portion of Supertron Electronics eStore and may make any other changes to Supertron Electronics eStore, the Content and the programs, services or prices described at any time without notice.
LICENCE FOR ACCESS:
Subject to your compliance with these Terms, SEPL grants you a limited, revocable, non-exclusive and non-transferrable license to access and make use of Supertron Electronics eStore for the purpose intended hereof. This licence does not include any resale or commercial use of Supertron Electronics eStore or its contents; any collection and use of any product/services listings, descriptions, or prices; any derivative use of Supertron Electronics eStore; any downloading or copying of Account information for the benefit of a third party including a competitor of SEPL or another seller; or any use of data mining, robots, or similar data gathering and extraction tools. You are granted a limited, revocable, non-exclusive and non-transferrable permission to create a hyperlink to the home page of Supertron Electronics eStore as long as the link does not portray SEPL or Supertron Electronics eStore or products or services listed on Supertron Electronics eStore in a false, misleading, derogatory, or otherwise offensive matter.
Further, as part of your license to access Supertron Electronics eStore you warrant to the following conditions:
a) You shall not download (other than page caching) or modify Supertron Electronics eStore except with express written consent of SEPL.
b) You shall not reproduce, duplicate, copy, sell, resell, visit, distribute or otherwise exploit for any commercial purpose Supertron Electronics eStore or its Content, without express written consent of SEPL.
c) You shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SEPL and third parties without express written consent of SEPL.
d) You shall not use any meta-tags or any other hidden text utilising SEPL’s names or trademarks without the express written consent of SEPL.
e) You shall not use any SEPL logo or other proprietary graphic or trademark as part of any hyperlink without express written consent of SEPL.
f) You must not use Supertron Electronics eStore in any way that causes, or is likely to cause, Supertron Electronics eStore or access to it to be interrupted, damaged or impaired in any way.
g) You must not use Supertron Electronics eStore in any way for fraudulent purposes, or in connection with a criminal offense or other unlawful activity including a breach of third party’s intellectual property rights.
h) You must not use Supertron Electronics eStore in any way to cause annoyance, inconvenience or needless anxiety to its Users or any third parties.
i)You understand that you, and not SEPL, are responsible for all electronic communications and Content sent from your computer or mobile device to Supertron Electronics eStore and you must use Supertron Electronics eStore for lawful purposes only.
You understand and expressly agree that any unauthorized use of Supertron Electronics eStore terminates the permission or license granted by SEPL to you to access Supertron Electronics eStore at its sole discretion.
When you use Supertron Electronics eStore, you may also be using the services of one or more third parties, such as but not limited to a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to separate policies, terms of use, and fees of these unrelated third parties which are neither controlled by SEPL, nor governed by these Terms.
CONTENT, COMMENTS AND COMMUNICATIONS:
As a User of Supertron Electronics eStore, wherever the facility and access is provided to you, you may post reviews and comments; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mSEPLings, or any form of spam.
You represent and warrant that you own or otherwise control all of the rights to the Content that you post or that you otherwise provide on or through Supertron Electronics eStore; that, as at the date that the Content or material is submitted to Supertron Electronics eStore: (i) the Content and material is accurate; (ii) use of the Content and material you supply does not breach any applicable Terms and will not cause injury to any person or entity (including that the Content or material is not defamatory); and, (iii) the Content is lawful. You agree to indemnify SEPL, its directors, officers, employees and its affiliates and other Users for all claims brought by a third party against SEPL or its directors, officers, employees and its affiliates and other Users arising out of or in connection with a breach of any of these warranties.
DISCLAIMER:
You acknowledge and undertake that you are accessing Supertron Electronics eStore and transacting there at your own risk and are using your best and prudent judgment before entering into any transactions through Supertron Electronics eStore. Each and every transaction entered into on Supertron Electronics eStore by you amounts to a binding contract and is enforceable against you in case of breach thereof by you. SEPL shall, except where categorically mentioned so, neither be liable nor responsible for any actions or inactions of third parties nor any breach of conditions, representations or warranties by third parties and hereby expressly disclaims and any all responsibility and liability in that regard. SEPL shall not mediate or resolve any dispute or disagreement between you and any third parties regarding the products/services purchased from Supertron Electronics eStore except honouring warranty claims in accordance with the limited warranty provided by SEPL on all its products/services.
SEPL further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the products/services listed or displayed or transacted or the Content (including product/services or pricing information and/or specifications) on Supertron Electronics eStore. While SEPL has taken precautions to avoid inaccuracies in Content, Supertron Electronics eStore, all Content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
INDEMNITY AND RELEASE:
You shall indemnify and hold harmless SEPL, its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable lawyer’s fee, made by any third party or penalty imposed due to or arising out of your breach of these Terms 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 SEPL 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 third parties and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise against SEPL.
LOSSES:
In light of Section 73 of Indian Contract Act, 1872, SEPL shall not be responsible or liable for any remote and indirect losses incurred by a User; and to clarify the same, it is categorically stated that SEPL shall 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 to both SEPL and you when you placed an order using Supertron Electronics eStore.
FORCE MAJEURE:
SEPL shall not be held responsible for any delay or fSEPLure to comply with its obligations under these Terms if the delay or fSEPLure arises due to any cause, existing or future, which is beyond the reasonable control of SEPL, including an act of God or natural calamity like cyclone, storm, flood, rains, earthquake, volcanic eruption, etc., or an act in the nature of war, terrorism, strike, riot, lockout, theft, fire, explosion, epidemics, quarantine, embargo, unavSEPLability of materials, interference by civil or military authorities, acts, regulations or orders of any government authority in their sovereign capacity, etc.
PURCHASE ON SUPERTRON ELECTRONICS eSTORE:
Any products/services purchased by you on Supertron Electronics eStore are for your own consumption. You will be required to make the total payment for purchase of products/services (inclusive of all relevant taxes and charges) ordered using Supertron Electronics eStore on upfront basis through Internet banking or credit/debit card or any other medium as allowed on Supertron Electronics eStore. Payments made through foreign credit/debit cards are not accepted. On successful payment transaction, you will automatically receive notification to your registered e-mail address or the confirmatory message to registered cellphone number. Receipt of such notification is the only proof of order placement and payment made, and if you do not receive such notification however your bank account shows the amount to be debited, you are encouraged to contact your bank for further inquiry.
Any order placed through Supertron Electronics eStore cannot be cancelled once it has been processed. You must provide the correct name, delivery address, GSTN, etc. at the time of purchase since invoice shall be issued based on the information furnished at the time of placing order and under no circumstances any change in the delivery address or any other information will be accepted. Such invoice shall be generated when the product is ready for shipping and you will automatically receive notification to your registered e-mail address or the confirmatory message to registered cellphone number in such regard.
Shipping of products will be done by the method indicated in the order, and if for any reason the products are sent using an alternate method, other than the one indicated in the order, you need not pay any additional charges unless you have been advised to do so by way of an official communication.
The tentative date of delivery of products communicated shall only be the approximate date of delivery and the said date may not be guaranteed and therefore SEPL shall not be liable for any delay in delivery of the products/services, howsoever caused. You understand that delivery schedules may get affected for various reasons and as such agree that there may be delay in delivery than originally proposed to you. Notwithstanding the same, if you fSEPL to accept the delivery due to being unavSEPLable at delivery address at the time of delivery, or for any other reasons whatsoever, the consignment may get returned and SEPL shall not be responsible for any claims/damages made by you in such regard.
In case, for any unforeseeable reason including unavSEPLability of stock, force majeure events, etc., the delivery of products/services contracted by you with SEPL cannot be made, then SEPL assures to refund the complete amount already paid by you.
JURISDICTION AND DISPUTE RESOLUTION:
Irrespective of the jurisdiction where you reside, or the location you are accessing Supertron Electronics eStore from, these Terms shall be governed by and construed in accordance with the laws of India and the courts situated at Bangalore (Karnataka), India, shall have the exclusive jurisdiction to try and adjudicate upon any dispute between you and SEPL arising out of or related to the Terms or any breach thereof.
In case of any dispute, you agree to attempt in good faith to resolve such dispute expediently and amicably with SEPL. Any party, either you or SEPL, which claims that a dispute has arisen shall give a notice thereof to the other party as soon as reasonably practicable after the occurrence of the event, matter or thing which is the subject of such dispute and in such notice such party shall provide particulars of the circumstances and nature of such dispute and of its claim(s) in relation thereto and shall designate a person as its representative for negotiations relating to the dispute, which person shall have authority to settle the dispute. The other Party shall, within fifteen (15) business days of such notice, specify in writing its position in relation to the dispute and designate as its representative, in negotiations relating to the dispute, a person with similar authority. The aforesaid designated representatives shall attempt in good faith to settle the dispute within thirty (30) days after receipt of the particulars of the dispute. If the dispute continues after the aforesaid period, in that event either you or SEPL shall have the right to invoke the process of binding arbitration to settle such dispute.
If any dispute is not sorted through mutual discussions as mentioned hereinbefore, then such dispute shall be resolved and finally settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment. The arbitral tribunal shall be composed of a single arbitrator to be appointed by the Hon’ble Karnataka High Court, or such designated body, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment. The seat of such arbitration shall be at Bangalore, India. The language of proceedings shall strictly be English. Notwithstanding anything contained in Arbitration and Conciliation Act, 1996, the party that invokes the arbitration proceedings shall be liable to pay the complete fee for the arbitration unless otherwise directed by such arbitrator in its award.
CONTACT:
If you have any questions about the Terms, or your dealings with Supertron Electronics eStore, please contact SEPL at frontdesk@supertronindia.com.
For all contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from SEPL with respect to your use of Supertron Electronics eStore and regarding any of your orders placed on Supertron Electronics eStore.
AMENDMENTS AND REVISIONS:
SEPL reserves the right to make changes at any time to the Terms, at its discretion or as required by law, and these Terms may be subject to amendment and updating at any time by posting the amended terms on Supertron Electronics eStore. All amended terms automatically take effect as on the date they are posted and SEPL may in its sole discretion announce any material changes to the Terms through e-mail to existing Users where they have disclosed their e-mail addresses to SEPL. You will be subject to the Terms in force at the time that you use Supertron Electronics eStore or that you order products/services through Supertron Electronics eStore, unless any change to such Terms is required to be made by law or any notification or circular issued by appropriate government authority (in which case it will apply to orders previously placed by you) or as directed in such law, notification or circular, as the case may be.
If any of the Terms is deemed invalid, void, or for any reason unenforceable as per Indian law, that particular term will be deemed severable and will not affect the validity and enforceability of any remaining Terms.
Supertron Electronics Pvt Ltd.
TERMS & CONDITIONS
1. Customer undertakes to make payment as per payment terms stated on the invoice and Supertron Electronics Pvt Ltd. (SEPL) may charge a finance charge of two (2%) per month or the maximum amount allowed by law,whichever is lower, with GST extra as applicable on all past due balances commencing on the date payment is due.
2. SEPL shall levy a charge of Rs.500 per cheque dishonor or as charged by the bank to SEPL ,whichever is higher, with GST extra as applicable.
3. In case of TDS deduction, the TDS certificate to be issued within 1 month of the end of the quarter in which the TDS was deducted.
4. No deduction on any account whatsoever shall be made from any amounts owing to SEPL.
5. Product warranties, if any, are provided by the manufacturer or publisher of the Products. SEPL expresslydisclaims any and all representations, warranties and covenants, with respect to the Product.
6. Customers are required to approach the Authorised Service Provider’s (ASP) for repair and/ orreplacement of products under warranty.
7. Products sold will be accepted for warranty claims only if they are in good physical condition asspecified by manufactures and with manufacturer’s original packing. Products received with broken / bruntpins, pen/ pencil markings, cracks, missing/tampered components or tampered warranty stickers will berejected and considered warranty void.
8. In case of short-delivery/damage, please register the short-delivery/damage with the transporter, collectan open delivery /damage certificate and intimate the originating SEPL branch within 24 hours of delivery,goods returns arising from damages-in transit should necessarily be accompanied bytransporter’s open delivery/ damage certificate.
9. Sales rejections and short receipts intimated beyond 3 calendar days will not be entertained.
10. Products once sold cannot be returned without a valid Returned Materials Authorization issued by SEPLprior to returning any Product. Purchaser must adhere to SEPL’s then current returns processing guidelines.
11. GSTIN Number and “Bill To” and “Ship To” details are as provided by customer and any errors, omissions and descripiency shall remain customer responsibility. Any additional/increase in levies, charges, taxes, cess etc. which becomes effective on or before the date of dispatch shall be payable solely by the buyer.
12. The transaction under this Invoice shall be subject to laws of India and the Courts in KOLKATA shall have exclusive jurisdiction. Any dispute pertaining to transaction under this invoice shall be referred to sole arbitrator appointed by SEPL and the decision of the said Arbitrator shall be final and binding on the parties. TheArbitration shah be conducted as per the provisions of Arbitration and Conciliation Act, 1996 and the place of Arbitration shall be in KOLKATA, India.
13. The items listed in this invoice may be subject to applicable export and import laws including those of the U.S. (which in some instances prohibit or restrict in-country sales to certain end-users), EU or other national laws or regulations. diversion contrary to US, EU or other national laws or regulations is prohibited. It is your responsibility to determine all applicable laws or regulations and to comply with them (for example, by securing all necessary clearance requirements, export and import licenses and making all proper filings). You will indemnify SEPL for claims made against us as a consequence of your failure to comply with applicable export and import laws and regulations. Buyer shall ensure that Buyer and its customers comply with all anti-corruption laws including but not limited to FCPA, UK Bribery Act, Prevention of Corruption Act or anyother manufacturer country specific Laws as applicable. Buyer shall ensure that Buyer and its customers shall shall the goods in the designated market segment or territory for which the products are meant to be sold. Any infiltration and violation would attract action as may be decided by respective Brand/OEM.
14. Products are subject to availability.SEPL does not guarantee delivery of products within any time frame. Customer acknowledges that SEPL will have no liability for: (i) failure to allocate or reserve any Product for customer; (ii) failure to deliver Products within a specified time period; (iii) availability and/or delays in delivery of Products, (iv) discontinuation of Products, product lines, or any part thereof; or (v) cancellation of any orders.
15. I / We hereby certify that my/our registration certificate under GST is in force on the date on which the sale of goods specified in this tax invoice is made by me / us and that the transaction of sale covered by this tax invoice has been effected by me/ us and it shall be accounted for in the turnover of sales while filing of return and the due tax if any, payable on the sale has been paid or shall be paid.
16. Eligible for rebate whenever announced as per the Sales Terms & Conditions.
17. Toll Free Number (1800-2121-434) for collection of E-Waste).Website link for collection/channelization of e-waste
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