Terms & Conditions
TERMS OF SERVICE AGREEMENT
LAST REVISION: [Date-Month-Year]
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.
Terms of Service Agreement (the "Agreement") governs your
use of this website, www.thegizshop.com(the "Website"),The
Giz Shop Pvt. Ltd. ("Business Name") 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. The Giz Shop
Pvt. Ltd. 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 The Giz Shop Pvt. Ltd. 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. The Giz Shop Pvt. Ltd. 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 The Giz
Shop Pvt. Ltd. for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines),
please immediately terminate
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 The Giz Shop Pvt. Ltd. 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 The Giz Shop Pvt Ltd 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: [opt-out email].
3. You may send a written remove request to [Company Address].
Proprietary Rights: The Giz Shop Pvt Ltd has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by The Giz Shop Pvt Ltd. The Giz Shop Pvt Ltd 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 Computers, Laptops Mobiles or CCTV. The Giz Shop Pvt Ltd does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that The Giz Shop Pvt Ltd 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. The Giz Shop Pvt Ltd does not endorse the contents on any such third-party websites. The Giz Shop Pvt Ltd 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; The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd or the applicable third party (if third party content is at issue).
III. DISCLAIMER OF WARRANTIES
Products. All products sold by thegizshop pursuant to this purchase are used &/or re-furbished &/or contain used parts. In computer technology, refurbished means just as new or better – when used computer equipment that has been restored to like-new working condition and/or appearance or devices that have been fixed with any technical defects basis re-engineering. The term typically refers to the hardware components of a computer that have been either repaired or replaced with similar components. However there would be the possibility of normal wear & tear on the systems.
Damaged/ Defective at time of receiving: In the unlikely event that any product you have purchased from thegizshop is not received in good condition, is damaged or defective, you may return the product unused, and in the same condition as you received it, in its original packaging along with original tags, for a refund or an exchange. This should be returned within 7 working days from the date on which these goods are delivered. Please do not accept delivery of any item whose outer packaging is damaged or tampered with in any manner. Please contact Store manager / person located at point where purchased.
Products damaged while being used do not qualify for a refund or replacement.
In case we are unable to replace the damaged / defective product, we will replace with a similar product.
Availability Clause: Due to the limited stocks constraints the actual product may vary in Color, Size, Brand & Configuration. thegizshop will entertain order till the stocks last on “First come first basis”.
Risk of Loss: Title to the Product passes from thegizshop to Customer on purchase. Loss or damage that occurs during shipping / transportation post purchase by Customer is Customer's responsibility.
Software: thegizshop has no right, title, or interest in any software that may be contained in or a part of the Products. Title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to license agreements ("Licenses") between Customer and the licensor(s), which Licenses may be contained within the packaging associated with the Products. Customer agrees to use all software in accordance with the Licenses. While every effort is made at thegizshop to make sure that all software’s that are installed by thegizshop are licensed and free from any malware or viruses, however this cannot be guaranteed when the customer has willing or unwilling, consciously or unknowingly, imported / downloaded / installed / cookied / copied / tracked / hacked / and or indulged, participated in such activity that allows for malware and viruses to effect the computer and its subsequent performance. If the customer experiences any problems operating the purchased product from thegizshop that is due to the software installed by any third party or customer himself, thegizshop is not responsible for providing any applicable remedies to resolve the same, including reinstalling the software’s or recalling the product as part of its warranty.
Warranties. THE LIMITED WARRANTIES APPLICABLE TO HARDWARE PRODUCT SOLD under this offer are :
a) All Desktops products sold through thegizshop are warranted from any functional and operational defects for a period of one year from the date of purchase of the product. This warranty includes for all parts of the computer system. Where appropriate for the systems that have been non-repairable replacement via similar system shall be provided by the company, during the warranty period.
b) All Laptops products sold through thegizshop are warranted from any functional and operational defects for a period of 3 Months from the date of purchase of the product. This warranty includes for all parts of the computer system. Where appropriate for the systems that have been non-repairable replacement via similar system shall be provided by the company, during the warranty period. Battery warranty is subject to a maximum period of 90 days only from the date of purchase. Laptops when covered under purchase of additional warranty will be subject to repair and /or replaceable systems under the terms of the validity period of the warranty. (Additional one year warranty purchased by customers specifically for one year warranty terms is applicable only on thegizshop). Such warranty price terms will be determined by thegizshop and may change periodically at the solely discretion of the company.
c) Products sold as refurbished equipment may have visual /physical defects that are deemed to have been because of normal wear and tear of usage of the equipment which may include hinges, fasteners, nuts, bolts, screws, hooks, metal or plastic housings etc. These are not covered under the general warranty terms. However if any such minor defects effects the normal functioning of the equipment, thegizshop shall, at its own discretion, rectify the problem.
d) This warranty statement does not cover or be enforced, if it is found that the equipment under warranty considerations has been physically damaged or has been used / abused beyond considerations of normal use by the customer / his/ her affiliates. Decision of thegizshop will be final and binding for the customer.
e) It is completely on thegizshop sole discretion to decide on the damaged or faulty product to accept under repair or replacement or whether it is covered under warranty or not.
Limitation of Liability. Thegizshop does not accept liability beyond the remedies set forth in this agreement, including any liability for products not being available for use or for lost or corrupted data or software. Thegizshop will not be liable for loss of profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
Other Documents. This warranty may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this warranty will not be entertained.
Disclaimer Of Warranties And Liability: All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this store /site / retail point / door-to-door sale are provided on “as is” and “as available” basis.
Note: This will add in terms and conditions page under Disclaimer of Warranties
You will release, indemnify, defend and hold harmless [Business Name], 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 The Giz Shop Pvt. Ltd. When The Giz Shop Pvt Ltd is threatened with suit or sued by a third party, The Giz Shop Pvt Ltd may seek written assurances from you concerning your promise to indemnify (from)The Giz Shop Pvt Ltd.; your failure to provide such assurances may be considered by The Giz Shop Pvt Ltd to be a material breach of this Agreement. The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd choice at its expense. The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd against any claim, but you must receive The Giz Shop Pvt Ltd 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.
VI. 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.
The Giz Shop Pvt Ltd will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of The Giz Shop Pvt Ltd 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 Bengaluru, Karnataka. This Agreement will be governed by the laws of the State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither you nor The Giz Shop Pvt Ltd 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. The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd 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, The Giz Shop Pvt Ltd 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 The Giz Shop Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.
The Giz Shop Pvt Ltd 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. The Giz Shop Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
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.