These terms of offer for sale (“Terms of Offer For Sale”) between www.xamnation.com(hereinafter referred to as “Xamnation”) 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 for consideration in the form of cash/cash equivalents or otherwise on the Website, www.xamnation.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 Products and services (“Services”) offered by Xamnation various affiliates/ registered merchants/ vendors/ service providers (“Providers”). Providers are the sellers of products and services on the Website and will be solely responsible to You for the products or services sold1.2 You acknowledge that Xamnation has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Xamnation may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Xamnation may make to the Services. You agree that Xamnation shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.1 Xamnation, 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 Providers.2.2 Xamnation offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by Xamnation without any notice to You. Octroi charges, wherever applicable, is to be borne by the User.
2.3 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.
2.4 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.
3.1 You should take all responsibility for your own actions in utilizing the services purchased by You and Xamnation shall not be liable for any such action.3.2 You represents that You are of legal age to form a binding contract with Xamnation and are not a person barred from receiving services under the laws as applicable in India.
3.3 You confirm that Xamnation shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
3.4 Xamnation 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 Xamnation.
- Pricing Information
4.1 Xamnation strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Xamnation 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.4.2 While Xamnation 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, Xamnation may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Xamnation 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 Xamnation cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
- 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. Xamnation expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
- Delivery of the Product and services
6.1In 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 Xamnation, in such cases Xamnation will not be responsible for the non-delivery of the product. Xamnation 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, Xamnation 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. 6.2 Services capable of being delivered online will be delivered online by Xamnation or by any of its Providers whose services have been purchased on the website.
7. Return Policy for Products or services
7.1 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:
a. Call Center at +91 9988708161;
b. Email us at – email@example.com
7.2 Upon receiving Your complaint, Xamnation shall verify the authenticity and the nature of the complaint and if Xamnation is convinced that the complaint is genuine, Xamnation will inform the relevant Provider 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, Xamnation reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Xamnation in this regard. You expressly acknowledge that the Provider 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 Xamnation shall not in any manner be held liable for the same.
7.3 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 Xamnation at the earliest. The return process of the product may be restricted by Xamnation depending on the nature and category of the product.
7.4 In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:
i. Please notify Xamnation of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours, Xamnation shall not be held liable for the failure to replace the order;
ii. Products/Services should be unused;
iii. Xamnation will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Xamnation is unable to do so, Xamnation will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Xamnation;
iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
v. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
vi. The returned products are subject to verification and checks by Xamnation in order to determine the legitimacy of the complaint/ return.
7.5 In the event the return of a product is duly accepted by Xamnation, 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 Xamnation 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 at the discretion of Xamnation. Refunds will be subject to the following:
i. Orders paid online will be refunded within 7-21 working days through the online account or via Cheque, depending on the then current circumstances as determined by Xamnation;
ii. For Cash on Delivery payments, You will be provided with a refund Cheque.
iii. If the product can be repaired by the service center, Xamnation would get the same repaired and send it back to You.
iv. A Discount coupon code, once used shall not be refunded in case of cancellation of order either by customer or Xamnation.
8.1 Cancellation by Xamnation:There may be certain orders that Xamnation is unable to accept and must cancel. Xamnation reserves the right, at Xamnation 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 Xamnation credit and fraud avoidance department. Xamnation may also require additional verifications or information before accepting any order. Xamnation 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/Discount coupon code, once used shall not be refunded in case of cancellation of order either by Customer or Xamnation.8.2 Cancellation by the User:In case of requests for order cancellations, Xamnation reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Xamnation receives a cancellation notice and the order has not been processed/ approved by Xamnation, Xamnation shall cancel the order and refund the entire amount to You within a reasonable period of time. Xamnation will not be able to cancel orders that have already been processed. Xamnation has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Xamnation and accept Xamnation decision regarding the cancellation.
8.3 Xamnation reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Xamnation as per certain criteria. Any Xamnation cash or Promo Code or Discount Coupon 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:
a. Products ordered are not for self-consumption but for commercial resale
b. Multiple orders placed for same product at the same address
c. Bulk quantity of the same product ordered
d. Invalid address given in order details
e. Any malpractice used to place the order
- Failure to Sell by the Provider
Unless due to Your negligence, in the event the Provider fails to complete a sale of a product or a service when presented by You with a valid Voucher or valid order no. or otherwise, You acknowledge that the Provider 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 Xamnation will not be held liable for failure of the Provider to make available any product or service therein.
10.1 XAMNATION 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. XAMNATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE PROVIDER 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 XAMNATION DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. XAMNATION ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
10.2 XAMNATION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND XAMNATION 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.
- Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless Xamnation 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 Xamnation 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.
11.2 In no event shall Xamnation, its officers, directors, employees, partners or vendors be liable to You, the Provider 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 Xamnation 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, Xamnation 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.
11.3 Xamnation 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.
- Governing Law
12.1 These Terms of Offer For Sale and the relationship between You and Xamnation shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2 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 Xamnation shall be subject to the exclusive jurisdiction of the courts at Chandigarh 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.