Terms & Conditions
Acceptance of Terms
Eligibility to use the Services
To register and shop with you must be eighteen (18) years of age or above and should be able to understand and agree to the terms, conditions, obligations, representations, and warranties set forth in these Terms. If you are a minor i.e. under the age of 18 years, you can use www.ergoflex.in only under the guidance of a parent or a guardian.
Limitation on use
The content and information on this Site and the infrastructure used to provide this content and information, is property of Ergoflex ® India Private Limited. You agree not to use this Site, it’s content or information for any commercial or non-personal purpose. In addition, whether or not you have a commercial purpose, you agree not to:
i) Access, monitor or copy any content from this Site using a robot, spider, scraper or other automated means or any manual process for any purpose;
ii) Violate the restrictions in robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
iii) Take any action that, in Ergoflex ® India Private Limited’s sole discretion, imposes an unreasonable or disproportionately large burden on this Site; or
iv) Deep-link to any portion of this Site (including, without limitation, the purchase path of any product or services).
Provision of the Services
You agree that the form, nature and contents of the Site, may require incorporating certain changes in it from time to time. Hence, we reserve the right to suspend, cancel or discontinue any or all products or services mentioned on the Site) at any time without notice, make amendments in any or all of its contents, products and services contained on the Site without any prior notice.
You acknowledge and agree that if we disable access to your account, the user may be prevented from accessing the Site, your account details or any files or other content, which is stored in your account.
We reserve the right to charge subscription and/or membership fees from you, by giving reasonable prior notice, with respect to any product, service or any other aspect of the Site anytime in future.
Limitation of liability, No representations
We strongly disclaim all liability for the use, reliability, or specific features of this Site, or the content or interpretation of content contained in this Site. A visitor who uses or makes decisions based on information contained on this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold us and our affiliated companies (if any) harmless against any claims for damages arising from any decisions that the visitor makes based on such information or any use that the visitor makes on such information contained on this Site. While we have tried to provide accurate and error free information, this Site may contain unplanned technical or factual inaccuracies and typographical errors. We do not represent or warrant that the information accessible via this site is accurate, complete, or current.
INFORMATION ON THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ERGOFLEX ® INDIA PRIVATE LIMITED IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF SUPPLIERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ERGOFLEX ® INDIA PRIVATE LIMITED HAS NO LIABILITY FOR, AND WILL MAKE NO REFUND IN THE EVENT OF, ANY DELAY, ORDER CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL. ERGOFLEX ® INDIA PRIVATE LIMITED TAKES NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE OF PRODUCTS TO PARTICULAR DESTINATIONS, ERGOFLEX ® INDIA PRIVATE LIMITED DOES NOT REPRESENT OR WARRANT THAT SUCH TRANSACTIONS ARE WITHOUT RISK.
Third Party Sites
Information Provided by You
At the time of your registration you will receive a password. Please keep this secret, as you are solely responsible to maintain the confidentiality of your password. You are responsible and accountable for all orders placed with us or information given to us under your e-mail address or mobile in combination with your password. You must immediately notify us of any unauthorized use of your e-mail address and/or password, or any breach of security known to you.
Compliance with Laws
You shall comply with all laws and regulations in India and you will use the Site in compliance with these Terms and applicable law.
Limitations of Damages
We will not be deemed to be in breach of contract or of these Terms as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problem, pandemic outbreak of diseases.
In any event whatsoever, our maximum liability arising out of any order for the supply of products to you under this contract will be limited to the retail price of the products contained in that order.
Neither we nor any of our subsidiaries will be liable to any entity for any indirect, special, consequential or other damages that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website.
Indemnity and Release
We reserve the right, to change, modify, add or remove any section(s) of these Terms. Changes in these Terms will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted, will be considered acceptance of those changes.
Subject to the terms and conditions set forth in these Terms, we approve you to view and download the information at this Site ('Materials') only for your personal, non-commercial use and you must retain on all Materials, all copyright and other proprietary notices. You shall not modify the Materials in any way or reproduce it. All images shown in this Site have been digitized by us. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without our prior written permission. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this Site shall remain at all times vested in us.
Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.
ORDER PLACEMENT AND PRICING TERMS
1.1 All online purchases made on this Site are governed by these Terms. The Terms governing any given purchase will be those in effect at the date of your order or specific use. If you order products after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise Terms applicable to your Site visit or purchase. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.
1.2 We sell products only to end-users.
1.3 We will acknowledge your order whether placed directly by using the Site or by message on the Site immediately after you have confirmed your order and by sending an e-mail to the e-mail address you have provided to us or mobile number you have provided to us.
1.4 You will understand that the order acknowledgement does not necessarily constitute our acceptance of your order. Subject to our cancellation rights, acceptance of your order and completion of the order will take place when we despatch the products to you.
1.5 Before placing an order, we advise you to check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description (if any).
2. Product Pricing
2.1 The prices stated on the Site will be exclusive of any GST payable.
2.2 Every order that you place may include a delivery charge. If your purchase is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and any additional options you may choose.
3. Payment Options
3.1 Payment may be made by debit card, credit card, internet banking. You cannot pay for your order by cash or cheque.
3.2 The debit, credit and charge cards accepted by us are those listed on the Site on the date on which your order is placed.
3.3 If payment gateway is used to pay online for services using Debit/Credit Card or Net banking, then it is done with the consultation/approval of the card owner/account holder (if in case buyer is not the card holder/ account holder himself/herself).
3.4 Due to loss of availability or technical error there could be a possibility that the purchase of service might not go through while processing the payment through the payment gateway. During such circumstances our support team shall refund the full amount (the actual amount the said service is processed for without deducting the applicable charges) within 72 working hours of the service processed to the same payment channel (Credit/Debit Card or Net banking account) from which the service is processed.
3.5 If transaction is found suspicious by our risk management team and to protect the payment from potential fraud, we are forced to identify the buyer before we proceed with the payment. Buyer may be asked to submit identification proof along with front copy of his/her credit card or proof of his bank account by email to complete the transaction. Failure to produce the said documents on time will result in cancellation of the service with immediate effect.
3.6 Transaction processing charge will be borne by the buyer for using the payment Gateway. A convenience charge will be applicable for using the payment gateway for purchasing any service.
4. Shipment of Products:
4.1 Delivery days and times will be as specified on the cart page on the Site and will be made to the address mentioned by you when you place an order on the Site. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and existing market conditions. We may control the quantities of products (particularly products on special offer) supplied to any one customer if in our opinion the quantity ordered negatively affects availability for other customers.
4.3 We will make the effort to supply you with the full quantity and accurate product that you have ordered. In any event, subject to clause 7.1 below, our liability will be limited to the price of the products not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to ensure that deliveries are made on time and similarly, it is your responsibility to ensure that yourself or an authorized person is available to accept the delivery. We may ask that you or an authorized person signs for the products on delivery.
4.5 Please note extreme weather conditions or other events beyond our reasonable control may result in the occasional delay in delivery. In such an event, we will try our best to contact you as soon as we are able to reschedule your delivery time and date. In any event, our liability to you will be limited to a return of the price of products not delivered and the cost of delivery.
4.6 Should you or an authorized person fail to be present for your delivery (or in cases a wrong address is provided) we are entitled to charge you in full for an amount equal to the price of product and the cost of delivery.
4.7 The confirmation e-mail you receive from us confirming your order, will set out the last time by which you may amend or cancel your order prior to delivery.
4.8 You can change the address you have registered on the Site by contacting us. However, this will not automatically change the address for any orders for which you have received our confirmation email.
5. Out of Stock Situations
Our utmost effort is to ensure that all products listed on the Site are available in stock for dispatch to you. However, in case this in not available for any reason, we will contact you and give you the option to exchange, delay or cancel the order as per your convenience.
6. Product returns
6.1 We advise that you check the products immediately upon delivery and installation and notify us of any defects instantly. If you discover a product is faulty, please call our Customer Service team as soon as possible on +913346033516-18 or email us at firstname.lastname@example.org for best possible action to resolve the issue.
6.2 To return any items that are damaged or not as per your original order, please return at the time of delivery to the delivery person or inform our customer care within 24 hours from the time of the product delivery. Please check the terms and conditions of each product you order to confirm its cancellation policy.
6.3 All damaged items or items not as per your order that are to be returned must be accompanied by a copy of the original receipt and in the same condition at the time of delivery, otherwise the same will not be taken back.
6.4 Please note that we cannot offer exchanges or refunds on any opened or used products.
6.5 Please allow one to three weeks from the day you return your damaged package or an item not as per your order, to process your refund. You will be contacted once your return is complete.
7. Customer Complaints
7.1 Any customer complaints should be addressed to the Customer Service Helpline +913346033516-18 or email email@example.com . You will find an e-mail link or address and telephone numbers listed on our Site in the 'Contact' section.
If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Ergoflex ® India Private Limited, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Ergoflex ® India Private Limited, regarding the use of the Site.
We welcome your feedback about your shopping experiences with us and your suggestions about how to improve this site. You control all the rights to the content that you contribute to this Site and that use of your content by us will not infringe upon or violate the rights of any third party.
As prices, product descriptions and availability can change quickly; Ergoflex (I) Pvt Ltd does not warrant the accuracy or completeness of information on this Site and will not be responsible for any typographical errors or errors in illustrations, pictures or descriptions. Pictures of products are for illustration only and actual product may differ from the picture shown. Products represented on this Site are not always in stock. All item descriptions, images, product logos, availability and pricing are subject to change at any time without notice. We may also make any other changes to the site, the materials and the products, programs, services or prices described in the site at any time. This Site, the information and materials on the Site, are provided 'as is' without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
Except as otherwise noted, all names, logos and marks appearing on this Site, including, but not limited to Ergoflex ® India Private Limited, are trademarks or service marks owned or used under license by us. The use or misuse of these trademarks or service marks or any other content on this Site, except as expressly permitted in writing by us, is strictly prohibited. The text, graphics, and other works of art on this Site may not be reproduced in any medium for any purpose whatsoever. The copyright in the material contained in this Site belongs to and remains with us. Your access to it does not imply a license to reproduce and/or distribute this information and you are not allowed to do so without our prior written consent.