Terms and Conditions for Transacting on ww.lean-comparison.flywheelstaging.com

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.lean-comparison.flywheelstaging.com and sets out the terms and conditions governing it and the disclaimer “(Terms & Conditions)”.

All kinds of correspondence should be addressed to the support office address as given above.

The use of this Website is regulated by the Terms & Conditions provided herein. User’s visit, dealings, transactions, and/or otherwise using this Website shall be treated as you have read, understood, and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as a legally binding and enforceable agreement between the Company and the User. If the User does not agree with any and/or all of these Terms & Conditions, then the User should stop dealing with and/or cease to initiate and do any transaction on this Website. By impliedly or expressly accepting these Terms of Use, Users also accept and agree to be bound by Hariomretail Policies( including the privacy policy) as amended from time to time.

The information, products, and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users information and subject to the Users acceptance of the terms, conditions, and notices contained herein and should not be considered as a substitute for professional advice. Users’ use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, service providers and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers, and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database, and content on the Website. The Company may also impose limits on certain features and services and/or restrict User’s access to parts and/or all of the services without notice and/or liability to the Users

In this Agreement (as defined hereinafter), ‘Company‘ and ‘User‘ have been collectively referred to as “Parties” and individually as “Party“.

Definitions

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

• • “Agreement” shall mean the agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer, and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.

• • “Company” shall mean Infiniti Retail Limited.

• • “Exchange Policy” shall have the meaning ascribed to it in Clause IX.

• • “Express Shipping Service” shall have the meaning ascribed to it in Clause XVIII.

• • “Force Majeure Event” shall have the meaning ascribed to it in Clause XIX.

• • “Product(s)” shall mean any good and/or service offered for sale on the Website for consideration.

• • “Refund Policy” shall have the meaning ascribed to it in Clause XIII.

• • “Return Policy” shall have the meaning ascribed to it in Clause VIII.

• • “User” / “Users” shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.lean-comparison.flywheelstaging.com in any way.

• • “Website” shall mean www.lean-comparison.flywheelstaging.com, a website owned and operated by the Company for facilitating online transactions including the related mobile site and mobile application introduced from time to time.

 

 

Eligibility

Any person who is above eighteen (18) years of age, transacting in legally acceptable currency and competent to enter into a valid contract as defined under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to enter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing, and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as defined under the Indian Contract Act, 1872.

User agrees to be responsible for maintaining the confidentiality of Users’ display name and passwords and User shall be responsible for all activities that occur under User’s display name and password. User shall further be responsible for Users’ use of the services and access of the Website (as well as for use of Users account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation Users name, email address, street address, telephone number, mobile number, credit/debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may render the User’s account to be temporarily or permanently suspended or indefinite blockage of access to the Website.

Amendment of TermsThe Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to Users. The user shall continue to be responsible and shall be bound to this Agreement as amended by the Company from time to time. Continued use of this Website shall constitute Users acceptance of the modified Terms and conditions of the Agreement

 

 

Website Content

The Website and its content shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/ on the Website are protected by intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, contractors, partners, and/ or suppliers as the case may be. The Website is protected by copyright as a collective work and/or compilation, pursuant to applicable laws.

If a User uses any information available on the Website for any research that results in an article and/ or other publication, the User should list the Company as a resource in Users bibliography and the User shall take prior written permission and ensure that no documents or graphics, including logos, sourced from the Website and/ or Products are modified in any way.

User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its assignees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.

The Company’s logos, product and service marks and/ or names are trademarks which are owned by the Company (the “Marks” ). Without the prior written permission of the Company or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.

User’s misuse of the Products, material, and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at Users’ risk as to costs and consequences.

 

 

Registration Data

User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. The user shall be solely responsible for the confidentiality of its User Id and Password.

The user shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.

User shall not (a) select or use the name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of or cancel User id in its discretion.

In order to ensure that the Company is not violating any rights that the User may have in his/her Information, User hereby agrees to grant in favor of the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the database rights which the User has in his/her Information, including but not limited to rights in any media now or in future with respect to Users Information solely to enable the Company to use the information supplied by the User to the Company. The Company will only use Users Information in accordance with the Agreement.

User agrees and understands that the Company shall not be responsible in any manner whatsoever for:

• • Delivery of Product(s) at the wrong address furnished by User.

• • any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User or

The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, and/or misleading information to the Company.

While placing an order, If the User orders multiple quantities of same or different products spanning across multiple orders under the same name or group Company may at its discretion treat the said order as a bulk order and Company reserves its right to cancel such bulk orders. If at any time, it is found/observed that User has by misrepresentation or any other way has ordered more than 5units of a particular product, it will amount to bulk order and the Company reserves its right to reject such order(s) partly or fully. The fulfillment of orders placed by the User shall be subject to availability of the stock with the Company.

 

 

Representations and Warranties

User represents and warrants that User is the owner and/or authorized to share the information User gives on the Website. The user confirms that the information is correct, complete, accurate, not misleading, does not violate, rules, and regulations.

• • The user undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail/information posted by User without any prior intimation to User.

• • User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
    • • is correct, complete, relevant, and accurate.
    • • is not fraudulent.
    • • does not stalk or otherwise harass another user
    • • does not and shall not infringe any third party’s intellectual property, trade secret, and/or other proprietary rights and/or rights of publicity and/or privacy.
    • • shall not be defamatory, libelous, unlawfully threatening, and/or unlawfully harassing.
    • • shall not be indecent, obscene, and/or contain pornography and/or contain anything which is prohibited under any prevailing laws, rules & regulations, the order of any court, forum, statutory authority.
    • • shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
    • • shall not constitute and/or encourage conduct that would be considered a criminal offense, give rise to civil liability, and/or otherwise be contrary to the law.
    • • shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish the value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
    • • shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers.
    • • is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings, and/or any form of spam or solicitation.
    • • is not illegal in any other way.
    • • Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail/information.

    The user confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.

  • The user undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.

• • User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. The user agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website

• • User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices, and/ or by the applicable law. Also, Users must not harass, intimidate, or impersonate other Users or use any information obtained from the service in order to do so.

• • Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend, and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company’s terms and conditions which are available on request.

• • • •  

Return Policy for Home Delivery

 

• • All Products purchased from the Website enjoy fifteen (15) days Return Policy.

• • Any Product, purchased from the Website, can be returned to the Company within fifteen (15) days of delivery of the same to User by placing a Cancel Order request by logging a call with Company’s Customer Care Centre by phone on 7207-666-000.

• • Any Product purchased from the Website can be returned to the Company only if the Product supplied by the Company is damaged, defective or the Product received is different from the Product that was ordered.

• • The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.

• • In the event, if User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, User shall immediately intimate the Companys Customer Care Centre about such damage and/or defect and/ or difference and the Company shall arrange for the replacement of the Product or refund of the price of the Product along with shipping charges, if any, collected by the Company in the unlikely event of the Company being unable to replace the damaged and/or defective Product. For any Refund or Exchange / Replacement of Product, the relevant provisions of Refund and Exchange shall apply as given herein.

• • In case of Cancellation (Return / Replacement) of order after delivery of the Product to User, the Company will arrange to pick up of the Product to be returned. User will assist and cooperate fully to return the Product with its manuals, booklets, warranty card, accessories, freebies, and packing materials or any other thing which were delivered to User along with the Product being returned. At the time of pickup, the User will be provided with an acknowledgement of pick up by the Company’s Logistical Partner. The user should retain the said acknowledgment and quote or product the same in all his/her future communications with the Company in this regard.

All free gifts, in original packing as delivered and unused condition, must be returned along with the Product in case of cancellation of the order of the Product with which the free gift(s) is/are given.

 

 

Exchange / Replacement for Home Delivery

• In case the Product is found having certain defect(s) immediately after delivery of the same, User can request for exchange/ replacement of the Product any time after delivery of the Product but not later than fifteen (15) days from the date of delivery of the Product (which do not require any demo/installation) or fifteen (15)days from date of demo/installation (if manufacturing/working defect is discovered at the time of demo/installation for those Products which require demo/installation), by placing Exchange/ Replacement Request by registering a call on the Company’s Customer Service Centre at 7207-666-000 or Write an e-mail to us on info@hariom.com In case any free item delivered to User is found defective then the Company shall arrange the replacement of the Free Item only and the main Product shall not be replaced.

• • In case the User decides to get a replacement of the Product due to certain defects in the Product as provided above, then the Company will arrange to pick up of the Product to be exchanged/ replaced. However, User agrees to assist and cooperate to return the Product with all its accessories, freebies, original packing materials, and such declaration duly signed by User as may be suggested by Customer Service Centre while registering call for return/replacement.

• • In case a customer approaches after 15 days of delivery of the Product or after demo/installation of the Product as the case may be, such defects will be serviced by the respective manufacturer/brand in accordance with respective manufacturers’ warranty terms.

• • Subject to the provisions as set out herein above, User hereby agrees and understands that Products can be returned by the User only by registering/ lodging a Return request by

• • Logging a call with Company’s Customer Care Centre by phone on 7207-666-000 or;

• • Write an e-mail to us on – info@hariom.com or;

• • User can visit the nearest Hariomretail store

• • In case the User opts for replacement of the Product due to any defect at the time of delivery or demo/installation of the Product, User will have to ensure that the Product is returned in undamaged and saleable condition including all accessories and manuals. There should be no signs of external damage on the packaging, including the original carton. Kindly refer to the Returns sections on the Website for further detail on the Return Process.

• Pay-on-Delivery Order Cancellations/Replacement
  • • If you want to cancel the order, please do so by calling at our call center 8800822770 or visit the nearest Hariomretail Store.
  • • Once the product is delivered it cannot be returned however in case of any defect or damage in transit or where the product delivered is different from the product for which the order was placed, the User may by following requisite steps replace such product.
  • • Company may in case of shortage of stocks or in any case it deems fit accept the products and choose to return the amount paid by the User. The remittance would be done via NEFT.
  • • All eligible refunds for Pay on Delivery transactions will happen in the Users Account via NEFT.

The User will be bound by the return policy of the Company and shall not hold the Company liable for any loss that she/ he may incur due to cancellation of the order.

 

No Warranty for Freebies

Free gifts given with any of the Products purchased from the Website will not be exchanged and/or covered under any kind of warranty.

 

 

Payment Terms

User shall be entitled to use a valid credit/debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. The User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit/debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit/debit and/ or any other payment cards or online banking accounts. 

The user hereby agrees and understands that the facility of finance by way of equated monthly installment (EMI) is provided by banks and/ or NBFCs and available on the purchase of specific products. The user understands and agrees that for converting any Purchase Transaction into EMI, the same is done by respective Banks and/or NBFCs and not by the Company. EMI is at the sole discretion of the bank and/or NBFCs. Any refund-related to interest charged to the customer should be dealt with the issuing bank and/or NBFCs directly. For Pay later/deferred payment option, the Company may need to provide the Users information to the third parties to facilitate this payment option. Such third parties may contact the User for documentation and payment. The User shall be solely liable and responsible for the payments under this option and the Company shall not be liable in any case for the incidental actions arising from the delay or non-payment under this option. The User is advised to read the detailed Terms and Conditions before availing this payment option. User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of the decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit/debit and/ or any other payment cards and/ or online banking accounts.

The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.

Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of Users’ order and/or other information. The Company’s decision to require further authorization is at their sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected. The company shall not be liable to User for any loss resulting from such cancellation.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If an order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.

The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third-party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorization from the Company.

 

 

Placing a Pay-on-Delivery Order

• • You will be required to make payment by Cash or Card or Wallet to our Courier Partner, only at the time of delivery of your order. However, the device for making payment via card/wallet is subject to availability.

• • Do NOT offer cheque or DD to the delivery staff.

• • Your delivery address should be under the serviceable network of our delivery partner. Please enter the correct pin code to ensure a smooth delivery.

• • Your total purchase value/ transaction value should not exceed Rupees Thirty Thousand (Rs 30,000/-).

• • The User shall be liable to pay a fee on all Pay on Delivery purchases as set out below

• • Rupees One Hundred (Rs 100/-) on purchases having a value up to Rupees One Thousand (Rs 1000/-)

• • Rupees Seventy Five (Rs 75/-) on orders having a value between Rupees One Thousand (Rs 1000) and Rupees Two Thousand Five Hundred (Rs 2500) and

• • The User shall be liable to pay a fee on all Pay on Delivery purchases as set out below
    • • Rupees One Hundred (Rs 100/-) on purchases having a value up to Rupees One Thousand (Rs 1000/-)
    • • Rupees Seventy Five (Rs 75/-) on orders having a value between Rupees One Thousand (Rs 1000) and Rupees Two Thousand Five Hundred (Rs 2500) and
    • • Rupees Fifty (Rs 50/-) on purchases having a value above Rupees Two Thousand Five Hundred (Rs 2500).
  • Please do NOT pay for any additional charges, i.e. octroi, etc. to the delivery staff. Your invoice amount is inclusive of all charges.

 

Cancellation of Order before Dispatch of Products by the Company

• • The Company hereby informs User that User’s receipt of an electronic or another form of order confirmation does not signify the Company’s acceptance of User’s order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of Users order to accept or decline User’s order for any reason. The Company further reserves the right any time after receipt of the order, to supply less than the quantity ordered by the User. The company will inform the User about its decision to supply the products in quantity less than the quantity ordered. The user then in its discretion may or may not agree to such modified quantity. User’s order will be deemed accepted by the Company upon shipment of products or performance of services that User has ordered as indicated by the Company’s servers. Title to goods and all risk of loss passes to User upon delivery to the User. The Company may require additional verifications or information before accepting any order.

• • The Company shall have the right to refuse or cancel any orders placed for Products listed at an erroneous price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Users credit/ debit/ cash card charged. If User’s credit/ debit/ cash card has already been charged for the purchase and Users’ order is canceled, the Company shall immediately issue a credit to Users’ credit/ debit/ cash card account for the amount of the charge.

• • User shall be entitled to cancel an order of any Product, booked on the Website, by placing a “Cancel Order” request, by

• • Logging a call with Company’s Customer Care Centre by phone on 8800822770 or;
  • Write an e-mail to us on – info@hariom.com or;
  • User can visit the nearest Hariomretail store
  • “Cancel Order” can be initiated any time after booking of order but before the status of order changes into “handed over to courier” on the Website.