Terms of offer for sale
Last updated on july 6, 2015
These terms of offer for sale ("Terms of Offer For Sale") between Falcon marketing Private Limited d/b/a vcarenetwork (hereinafter referred to as "falcon marketing" or "vcarenetwork") 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.Falcon Marketing Pvt.Ltd..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.
IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, TERMS OF OFFER FOR SALE ISSUED BY THE VENDOR OR ADDITIONAL TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS") AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS OF OFFER FOR SALE AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.BUSINESS
1.1
The Website is a platform that facilitates the online sale and purchase of branded merchandise and services ("Services") offered by FALCON MARKETING's 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 Falcon Marketing Pvt.Ltd. has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Falcon Marketing Pvt.Ltd. may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Falcon Marketing Pvt.Ltd. may make to the Services. You agree that Falcon Marketing Pvt.Ltd. shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.Vouchers
2.1
In furtherance of the Services provided and the eligibility criteria stated under the Terms of Use located at the homepage www.vcarenetwork.com, You shall be eligible to purchase Vouchers of a specific monetary value.
2.2
Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd. nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
3.Product
3.1
Falcon Marketing Pvt.Ltd., 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
Falcon Marketing Pvt.Ltd. offers SHIPPING for all the products on the Website as per the company's policy, which may be changed by Falcon Marketing Pvt.Ltd. without any notice to You. Octroi charges, wherever applicable, is borne and paid by the Falcon Marketing Pvt.Ltd. 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, Falcon Marketing Pvt.Ltd. 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, Falcon Marketing Pvt.Ltd. 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.Services
4.1
You should take all responsibility for your own actions in utilizing the services purchased by You and Falcon Marketing Pvt.Ltd. shall not be liable for any such action.
4.2
You represents that You are of legal age to form a binding contract with Falcon Marketing Pvt.Ltd. and are not a person barred from receiving services under the laws as applicable in India.
4.3
You confirm that Falcon Marketing Pvt.Ltd. shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
4.4
Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd..
5.Pricing Information
5.1
Falcon Marketing Pvt.Ltd. strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd. 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, Falcon Marketing Pvt.Ltd. may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd. 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. Falcon Marketing Pvt.Ltd. 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
The SD Reward Points mentioned herein would be governed by the T&C mentioned at Terms of Use.
8.Delivery of the Product
Your shipping address, pin code will be verified with the database of Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd., in such cases Falcon Marketing Pvt.Ltd. will not be responsible for the non-delivery of the product. Falcon Marketing Pvt.Ltd. 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, Falcon Marketing Pvt.Ltd. 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:
9.2
Upon receiving Your complaint, Falcon Marketing Pvt.Ltd. shall verify the authenticity and the nature of the complaint and if Falcon Marketing Pvt.Ltd. is convinced that the complaint is genuine, Falcon Marketing Pvt.Ltd. 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, Falcon Marketing Pvt.Ltd. reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Falcon Marketing Pvt.Ltd. 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 Falcon Marketing Pvt.Ltd. 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 or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform Falcon Marketing Pvt.Ltd. at the earliest. The return process of the product may be restricted by Falcon Marketing Pvt.Ltd. depending on the nature and category of the product.
9.4
In order to return any products sold through the Website, You are required to comply with the below mentioned.conditions,viz:
9.5
In the event the return of a product is duly accepted by Falcon Marketing Pvt.Ltd. , the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and Falcon Marketing Pvt.Ltd. or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
10.Cancellation
10.1
Cancellation by Falcon Marketing Pvt.Ltd.: There may be certain orders that Falcon Marketing Pvt.Ltd. is unable to accept and must cancel. Falcon Marketing Pvt.Ltd. reserves the right, at Falcon Marketing Pvt.Ltd.'s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Falcon Marketing Pvt.Ltd.'s credit and fraud avoidance department. Falcon Marketing Pvt.Ltd. may also require additional verifications or information before accepting any order. Falcon Marketing Pvt.Ltd. 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 credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Falcon Marketing Pvt.Ltd..
10.2
Cancellation by the User: In case of requests for order cancellations, Falcon Marketing Pvt.Ltd. reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Falcon Marketing Pvt.Ltd. receives a cancellation notice and the order has not been processed/ approved by Falcon Marketing Pvt.Ltd., Falcon Marketing Pvt.Ltd. shall cancel the order and refund the entire amount to You within a reasonable period of time. Falcon Marketing Pvt.Ltd. will not be able to cancel orders that have already been processed. Falcon Marketing Pvt.Ltd. has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Falcon Marketing Pvt.Ltd. and accept Falcon Marketing Pvt.Ltd.'s decision regarding the cancellation.
10.3
Falcon Marketing Pvt.Ltd. reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Falcon Marketing Pvt.Ltd. as per certain criteria. Any Falcon Marketing Pvt.Ltd. Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
11.Failure to Sell by the Vendor
Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Falcon Marketing Pvt.Ltd. will not be held liable for failure of the Vendor to make available any product or service therein.
12.Disclaimer
12.1
FALCON MARKETING PVT.LTD. DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. FALCON MARKETING PVT.LTD. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND FALCON MARKETING PVT.LTD. DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. FALCON MARKETING PVT.LTD. ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
12.2
FALCON MARKETING PVT.LTD. SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND FALCON MARKETING PVT.LTD. SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
13.Indemnification and Limitation of Liability
13.1
You agree to indemnify, defend and hold harmless Falcon Marketing Pvt.Ltd. from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Falcon Marketing Pvt.Ltd. that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
13.2
In no event shall Falcon Marketing Pvt.Ltd., its officers, directors, employees, partners, independent distributers or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Falcon Marketing Pvt.Ltd. has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Falcon Marketing Pvt.Ltd.'s entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
13.3
Falcon Marketing Pvt.Ltd. shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
14.Governing Law
14.1
These Terms of Offer For Sale and the relationship between You and Falcon Marketing Pvt.Ltd. shall be governed in accordance with the laws of India without reference to conflict of laws principles.
14.2
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Falcon Marketing Pvt.Ltd. shall be subject to the exclusive jurisdiction of the courts at JALANDHAR CITY and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
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