Terms and Conditions

 

1.     1.  Terms of Use

1.     1.1.           Thank you for visiting www.avsystems.co.in (“Website”). By accessing or using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein, you (“User”) agree to be bound by these Terms and Conditions (“Terms”).

2.     1.2.           By impliedly or expressly accepting these Terms, you also accept and agree to be bound by AV Systems’ Policies (including but not limited to Privacy Policy available at {LINK HERE}  as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.

3.     1.3.           In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website and references to the “Website”, "AV Systems", “avsystems.co.in”, "we", "us" and "our" shall mean the Website and/or AV Systems or Avake Security Solutions Pvt Ltd., its affiliates and partners (as applicable).

4.     1.4.           The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website

5.     1.5.           The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

6.     1.6.           The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

7.     1.7.           The Website is operated by AV Systems, is an ISO 9001:2015 certified company. Our registered office at 7/29 Shyam Nagar, Okhla Phase 3, Delhi, 110020 India. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.

 

1.     2.  The contract between us

1.    2.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted.

1.    2.1 Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.

2.    2.2 Our acceptance of your order brings into existence a legally binding contract between us.

3.    2.3 The price of the goods will be in Indian Rupees and includes VAT at the applicable rate and other taxes as may be subject.

4.    2.4 The price does not include the cost of delivering the goods to you. Delivery charges are additional and will be made available to you at the time of payment.

5.    2.5 Delivery charges may vary depending on the location of the delivery address, quantity of the goods, weight of the package etc.

 

1.    3    Ordering goods from us

2.    3.1 When you place your order at the end of the online checkout process (eg when you click on the [insert details such as ‘pay now’ button]), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.    3.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

1.            3.2.1.1            the goods are unavailable;

2.            3.2.1.2            we cannot authorise your payment;

3.            3.2.1.3            you are not allowed to buy the goods from us;

4.            3.2.1.4            we are not allowed to sell the goods to you;

5.            3.2.1.5            you have ordered too many goods; or

6.            3.2.1.6            there has been a mistake on the pricing or description of the goods.

2.            3.2.2   We will only accept your order when we email you to confirm this (“Confirmation Email”). At this point:

1.            3.2.2.1            a legally binding contract will be in place between you and us; and

2.            3.2.2.2            we will dispatch the goods to you.

 

1.    4      Price

2.    4.1 The prices payable for goods that you order are as set out in our website.

3.    4.2 These prices are subject to change as per indication on our Website from time to time

4.    4.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.

 

1.    5    Right for you to cancel your contract

2.    5.1 You may cancel your contract with us for the goods you order within 48 hours from the time you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

3.    5.2 To cancel your contract you must notify us by email on {email address}.

4.    5.3 If you have received the goods before you cancel your contract then [unless, under clause 3.2, you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

5.    5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

6.    5.5 You can cancel the order at any moment of time even if the delivery exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.

7.    5.6 For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.

8.    5.7 All refunds shall be made in Indian Rupees only.

 

1.    6       Cancellation by us

2.    6.1 We reserve the right to cancel the contract between us if:

1.            6.1.1   we have insufficient stock to deliver the goods you have ordered;

2.            6.1.2   we do not deliver to your area; or

3.            6.1.3   one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information

3.    6.2 We will not be obliged to offer any additional compensation for disappointment suffered.

 

1.    5       Delivery and Shipping of goods

6.1    We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

6.2    Delivery will be made within a reasonable time after your order is accepted and in any event within 30 days of your order.

6.3    You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you in good condition they will be held at your own risk and we will not be liable for their loss or destruction.

6.4 All Products purchased from the Website shall be delivered to the you by standard courier services by us through a logistics partner or by us ourselves.

6.5 All deliveries where applicable shall be made on a best efforts basis, and while we will endeavor to deliver the Products on the dates intimated, we disclaim any claims or liabilities arising from any delay in this regard.

6.6 We shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.

6.7 The logistics partner supported by us will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts we reserve the right to cancel the order(s) at our discretion.

6.8 An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

9.    6.9 Sometimes, delivery may take longer due to inter alia:

6.9.1     bad weather

2. 6.9.2            flight delays

3. 6.9.3            political disruptions

4. 6.9.4            other unforeseen circumstances

10.    6.10        In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.

11.    6.11        Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.

12.    6.12        In cases where goods are delivered in a faulty or damaged, we shall replace the products as per our replacement policy.

13.    6.13        No deliveries of the Products shall be made outside the territorial boundaries of India.

14.    6.14        . In case a User purchases multiple Products in one transaction, we may deliver the same together. However, this may not always be possible and shall be subject to availability of stock amongst other reasons.

15.    6.15        If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

16.    6.16        We shall not compensate for any mental agony caused due to delay in delivery.

 

9.       7  Liability

1.    7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing on our email address {EMAIL ID HERE} of the problem within 2 working days of the delivery of the goods in question.

2.    7.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing on our email {LINK} of the problem within 35 days of the date on which you ordered the goods.

3.    7.3 If you notify a problem to us under clauses 6.1 or 6.2 above, our only obligation will be, at your option:

1.            7.3.1   to make good any shortage or non-delivery;

2.            7.3.2   to replace or repair any goods that are damaged or defective; or

3.            7.3.3   to refund to you the amount paid by you for the goods in question.

4.    7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.

5.    7.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

8 Notices

8.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address {ID} and all notices from us to you will be displayed on our website from to time.

8.2 Notifications regarding refund, delivery, returns and cancellation will be sent directly by us to you on the email address provided by you.

 

9 Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

a.    10  Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

a.    11  Privacy

You acknowledge and agree to be bound by the terms of our privacy policy {ADD LINK HERE}.

 

12 Third party rights

Except for our directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement.

 

13 Eligibility to use

13.1 Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.

13.2 Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.

13.3 We reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to our notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.

13.4 By accepting the Terms or using or transacting on the Website, you irrevocably declare and undertake that you are of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and you to the extent permissible under applicable laws.

 

14    Governing law

14.1 The contract between us shall be governed by and interpreted in accordance with Indian Law and the courts in New Delhi shall have exclusive jurisdiction to resolve any disputes between us.

14.2  All Users and us shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.

 

15    Dispute Resolution

15.1 In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

15.2 In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.

 

16    Entire agreement

16.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us.

16.2 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.