TERMS OF SERVICE AGREEMENT
LAST REVISION: [25-03-2019]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.secondhandkart.com] (the “Website”), [SecondHandKart] (“SecondHandKart”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [SecondHandKart] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [SecondHandKart] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [SecondHandKart] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [SecondHandKart] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct [SecondHandKart] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [SecondHandKart] and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: email@example.com.
- You may send a written remove request to [SecondHandKart, 302, Jaina Complex, 3-A Veer Savarkar Block, Nirman Vihar, Karnataka-92].
Proprietary Rights. [SecondHandKart] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [SecondHandKart]. [SecondHandKart] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. [SecondHandKart] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [SecondHandKart] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [SecondHandKart] does not endorse the contents on any such third-party websites. [SecondHandKart] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; [SecondHandKart] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [SecondHandKart] or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant [SecondHandKart] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [SecondHandKart] does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. [SecondHandKart] is not liable for any damage or harm resulting from any posts by or interactions between users. [SecondHandKart] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content [SecondHandKart] deems objectionable, in our sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. [SecondHandKart] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [SecondHandKart] MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless [SecondHandKart], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [SecondHandKart]. When [SecondHandKart] is threatened with suit or sued by a third party, [SecondHandKart] may seek written assurances from you concerning your promise to indemnify [SecondHandKart]; your failure to provide such assurances may be considered by [SecondHandKart] to be a material breach of this Agreement. [SecondHandKart] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [SecondHandKart] choice at its expense. [SecondHandKart] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [SecondHandKart] against any claim, but you must receive [SecondHandKart] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. [SecondHandKart] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. [SecondHandKart] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and [SecondHandKart] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [SecondHandKart] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [Bangalore, Karnataka]. This Agreement will be governed by the laws of the State of [Karnataka] without regard to its conflict of law principles to the contrary. Neither you nor [SecondHandKart] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Karnataka]. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. [SecondHandKart] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [SecondHandKart] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [SecondHandKart] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [SecondHandKart] chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. [SecondHandKart] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [SecondHandKart] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
“SecondHandKart” and secondhandkart.com are brand names owned and operated by Tan45 Technologies Private Limited.
We offer 3 Days window (from delivered date) to our valued customers to return a product under the following events and receive a replacement.
If We Deliver:
Defective Product (Software/Functional Issue)
Wrong Product (Colour & Model)
Dead Product (Product totally not working)
Damaged Product (Physically damaged)
Wrong, dead and damaged product must be reported within 24 hours from the delivery date accompanied with images of the product & product box (through email).
We accept your complaint when we receive your goods completely unused and accompanied with all the accessories.
We process a refund for your order only if we are not able to arrange a replacement.
The maximum time we take for resolve your complaint within 15 working days.
There is no return policy on New Mobiles and Accessories.
If you discover a defect in any product (for defective products only), please contact the manufacturer directly for information regarding the manufacturer’s warranty. All return request are either handled by our customer service through Call, email or web form (https://www.SecondHandKart.com/contact-us) available on our site.
Once we have received your confirmed request we will arrange reverse pick up of your product and will inform you of the pickup time. In the unlikely event when we are not able to arrange a reverse pickup at your location, we will intimate you and request you to ship the product to us. The courier charge would be reimbursed of equivalent amount would be given by us to you. The courier charge eligible for reimbursement are up to Rs.200 only.
Connecting with SecondHandKart.com
You can contact us:
by telephone on (+91) 9205-374757 between 11:30 to 18:30 IST or
by email at cs@SecondHandKart.com
Note: When contacting us you must quote your Web Order Number that you received when placing the original order.
TERMS OF SALE
SecondHandKart (hereinafter referred to as “Tan45 Technologies Private Limited” or “SecondHandKart”) and the users of the Website (“You” or “Your” or “Yourself” or “User”) describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons (“Voucher/s”) or otherwise on the Website, www.SecondHandKart.com (“Website”).
PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.1 The Website is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by SecondHandKart various affiliates/ registered merchants/ vendors/ service providers (“Vendor/s”). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website.
1.2 You acknowledge that SecondHandKart has the right to change or discontinue any Service at any time, without notice. You further acknowledge that SecondHandKart may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that SecondHandKart may make to the Services. You agree that SecondHandKart shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.2 SecondHandKart will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer For Sale and such other terms, if any, as specified by the Vendor.
2.3 Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don’t redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected such as restaurants, spa, salon & wellness, footwear etc. and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
2.4 On making payment for the Voucher through any mode, including cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise..
2.5 Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.
2.6 You agree that neither SecondHandKart nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
3.1 SecondHandKart, through the Website also makes available of variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Vendor.
3.2 SecondHandKart offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by SecondHandKart without any notice to You. Octroi charges, wherever applicable, is borne and paid by the SecondHandKart and not to be borne by User.
3.3 All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
3.4 The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
3.5 In the event You purchase any electronic product/s from the Vendors, SecondHandKart shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, SecondHandKart shall recall the product/s upon your request and send it to the service station on Your behalf. The personnel of service station shall directly get in touch with You for the cost incurred.
4.1 You should take all responsibility for your own actions in utilizing the services purchased by You and SecondHandKart shall not be liable for any such action.
4.2 You represents that You are of legal age to form a binding contract with SecondHandKart and are not a person barred from receiving services under the laws as applicable in India.
4.3 You confirm that SecondHandKart shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
4.4 SecondHandKart does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to SecondHandKart.
5. Pricing Information
5.1 SecondHandKart strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, SecondHandKart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
5.2 While SecondHandKart strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, SecondHandKart may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. SecondHandKart will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If SecondHandKart cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
6. Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. SecondHandKart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
ICICI Credit Cards for EMI
Following card types of ICICI bank are not valid to avail EMI option:
– Business Credit Card
– Corporate Credit Card
– ICICI Amex Credit Card
– ICICI EMI Credit Card
7. SD Reward Points
8. Delivery of the Product
Your shipping address, pin code will be verified with the database of SecondHandKart before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by SecondHandKart, in such cases SecondHandKart will not be responsible for the non-delivery of the product. SecondHandKart doesn’t deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.
In case You book multiple order for the Products and Services in one transaction, SecondHandKart would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.
9. Return Policy for Products
9.1 In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:
9:30 AM To 6:30 PM call centre at (+91) 9205-374757
Filling up the ‘Contact Us’ form;
9.2 Upon receiving Your complaint, SecondHandKart shall verify the authenticity and the nature of the complaint and if SecondHandKart is convinced that the complaint is genuine, SecondHandKart will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, SecondHandKart reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by SecondHandKart in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and SecondHandKart shall not in any manner be held liable for the same.
9.3 Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.