Terms Of Use

Introduction


Welcome to the shopers360.com, brought to you by E TRENDZ INDIA . In using the shopers360.com service, of E TRENDZ INDIA. you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on shopers360.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. shopers360.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of shopers360.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

Membership Eligibility


Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited.

shopers360.com reserves the right to terminate your membership and refuse to provide you with access to the Site if shopers360.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by shopers360.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. shopers360.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. shopers360.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of shopers360.com you agree to be bound by the Terms and Conditions.

Account and Registration Obligations


If you use Shopers360.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Shopers360.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Shopers360.com has the right to indefinitely suspend or terminate or block access of your membership with Shopers360.com.

You also agree to:


1. Provide true, accurate, current and complete information about yourself as prompted by shopers360.com registration form (such information being the “Registration Data”). All the information which compulsorily needs to be filled are marked in asterix (*) sign.

2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if shopers360.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, shopers360.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information


While shopers360.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. shopers360.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, shopers360.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, shopers360.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and shopers360.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that shopers360.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to shopers360.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

We strive to provide you with the best prices possible on shopers360.com as well as in all our group stores under the corporate entity – Future Group. However, sometimes a price online may not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.

Third Party Products


PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by shopers360.com and its group companies. In other words these additional terms and conditions are applicable in case you buy products sold on shopers360.com by third party vendors.

You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (‘Vendors’). shopers360.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:

All other terms and conditions of this User Agreement are applicable to such transactions. shopers360.com will not be responsible for the products sold on the site by third party vendor/s.

Credit Card Details


You agree, understand and confirm that the credit card details provided by you for availing of services on shopers360.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to shopers360.com. Further the said information will not be utilised and shared by shopers360.com with any of the third parties unless required for fraud verification or by law, regulation or court order. shopers360.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

Fraudulent /Declined Transactions


shopers360.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. shopers360.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications


When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm:

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by shopers360.com for re-delivery shall be claimed from you.
That you will use the services provided by shopers360.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. shopers360.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), shopers360.com has the right in its sole discretion to reject the registration and debar you from using the Services of shopers360.com and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will 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.

You may not use the Site for any of the following purposes:


Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Site.
Breaching any applicable laws;
Orders Placed for Testing purpose or any such act intended.
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
shopers360.com reserves full right to take appropriate action against you, for violating the above mentioned rules and regulations and holds the right to deduct charges for refunds or cancellations.

Colours


We have made every effort to display the colours of the products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.

Images

We strive hard to get the real image of every product listed, but it should be considered indicative only.

Modification of Terms & Conditions of Service

shopers360.com may at any time update the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on shopers360.com. You should regularly review the Terms & Conditions on shopers360.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Governing Law and Jurisdiction


This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by E TRENDZ INDIA. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The language of Arbitration shall be English. The High Court of judicature at New Delhi alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions


All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to shopers360.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain shopers360.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to shopers360.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, shopers360.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. shopers360.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. shopers360.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

shopers360.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant shopers360.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify shopers360.com and its affiliates for all claims resulting from any Comments you submit. shopers360.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark


shopers360.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of shopers360.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to shopers360.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of shopers360.com. You may not modify, distribute or re-post anything on this website for any purpose. The shopers360.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of E TRENDZ INDIA. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply shopers360.com endorsement, sponsorship or recommendation of the third party, information, product or service. shopers360.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the Contents) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of shopers360.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by shopers360.com ,one of its affiliates or by third parties who have licensed their materials to shopers360.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of shopers360.com and is also protected by Indian and International copyright laws.

Objectionable Material


You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, shopers360.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity


You agree to defend, indemnify and hold harmless shopers360.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to shopers360.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination


This User Agreement is effective unless and until terminated by either you or shopers360.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. shopers360.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to shopers360.com. Upon any termination of the User Agreement by either you or shopers360.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. shopers360.com‘s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers


The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources and while shopers360.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. shopers360.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, shopers360.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of shopers360.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.

shopers360.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, shopers360.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

<Site Security


You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. shopers360.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from shopers360.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Entire Agreement If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue to be in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and shopers360.com with respect to the shopers360.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and shopers360.com with respect to the shopers360.com sites/services. shopers360.com‘s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Return Policy


We are committed to ensuring your satisfaction with any product you have ordered from us. However, if you are not satisfied with any product, we will accept returns within 72hrs from the date on which the goods are delivered.

Product damaged or defective:


In the unlikely event that any product you have ordered from us is not received in good condition, is damaged or defective, or if product delivered is different from what you had ordered, you must notwithstanding your warranty rights, immediately lodge a complaint with shopers360.com on its Customer care help line, and refuse to accept the delivery. You must also contact us immediately, so that, we may assert our rights, if any, vis-a-vis the shipping agent. Hidden defects must again not withstanding any warranty rights be reported to us immediately on detection, so that any warranty claims against upstream suppliers can be asserted. You may return the product unused, and in the same (unused) condition as you have received it, in its original packaging along with original contents (with all accessories of polythene / charger / carton box / Manual, and such other contents depending on the product ordered), labels or relevant seal, for a refund or an exchange, within 72hrs from the date on which these goods are delivered. Should you decide to exercise your right to return purchased products, shopers360.com will not accept returned products that are returned without the relevant label or seal or that have been altered from their original status or damaged.

Please do not accept delivery of any item whose outer packaging is damaged or tampered (or sealed open condition) with in any manner. Please contact customer care if you open the packaging and discover that the item is damaged.

Products damaged while being used do not qualify for a refund or replacement. (Product warranty to be taken up with respective brand service center to be highlighted)

If the product was not received in good condition we may replace the product, however in case we are unable to replace the damaged/defective product we may initiate refund. Replacement of the product may depend upon the availability of the product. In the event you return any product which is delivered to you in damaged/defective condition, we will also refund the shipping charges if applicable to that item.

Note: Products that have been assembled and/or installed cannot be returned in this manner. These include consumer durables such as TVs, fridges, washing machines or air conditioners. (All technology products) loaded with some software or removed the original software from the products) Please contact your local authorised service centre of the manufacturer for such products, and follow their instructions.

Return it through Courier Collection:

You may contact our Customer Care within 72hrs of having received the product and request a return/exchange (As per the policy mentioned above).We shall arrange for the products to be collected from the delivery address through courier and shall process the return/exchange subject to receipt of the products at our end in unused condition and in its original packaging along with the invoice, failing which return/ exchange or refund may not be possible. For returns through courier collection; you will be given a docket number at the time of collecting the products, which is to be retained for future reference.

In the event that the return does not comply with the return policy of the shopers360.com, you will not be entitled to any replacement or refund of the sums already paid to shopers360.com and shopers360.com reserves the right to withhold the sums already received. How will you be refunded?

We will refund the money once we are in receipt of the product in its original nature/condition. The refund shall be in the way the payment was made. If the payment was by Credit Card or Net-Banking, we will refund the Credit Card or Net-Banking account. If the payment mode was Cheque, we will send you a cheque. Cheques will be sent only to the billing address of the customer making the payment. The refund process will be initiated once we have received the product(s), in proper and original nature. Typically refunds are processed in less than 10 working days but in case of payments by Cheque, it may take a few extra days for the cheque to be delivered to your billing address, and for the funds to be credited to your account, once you deposit the cheque.

Please note that we shall not be responsible for any delays in credit to the Cardholder’s credit card account as that is managed by the Cardholder’s issuing bank.

Cancellation Policy


We make every effort to fulfil all the orders placed. However, please note that there may be certain orders that shopers360.com is unable to process; and reserve the rights to cancel or reject the acceptance of such order and decision of shopers360.com in this respect shall be final and binding on the customer. The reasons include limitations on quantities available for purchase, inaccuracies or errors in product, pricing and stock information, problems identified by our credit, fraud avoidance department or due to certain unforeseen reasons.

Our Customer Care Team will communicate to you if all or any portion of your order is cancelled. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.

The various Types of Cancellations would be
Cancellation by the Customer


Cancellation by the Customer shall be valid only if made within 24 hours of placing the order if the order has not been processed (shipped) by us.

Cancellation on Non-Receipt of Payment


In case where the payment shall be made through CHEQUE, the delivery of the product shall be initiated only upon the realization of the cheque. In case the Cheque bounces, the Order will be Cancelled by Shopers360.com support.

Cancellation by Shopers360.com


In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Shopers360 shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

Shopers360.com reserves the right to cancel any order with due intimation to the concerned person, under situations where Shopers360.com is not able to meet the requirement of the order placed. As a part of these additional security measures, Shopers360.com Support might request customers to provide relevant supporting documents (Identity proof, Address Proof etc). In case the requested documents are not shared with us, Shopers360.com reserves the right to cancel the order entirely with due intimation to the concerned person.

In the event that a product is ordered is not serviceable to customers location (pin code) and an order gets placed due to system errors , Shopers360.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

Refunds


If the payment was by Credit Card or Net-Banking, we will refund the Credit Card or Net-Banking account. If the mode of payment was Cheque or COD, we shall send you a Cheque of the refund amount Cheque shall only be sent to the billing address of the customer making the payment.

Typically refunds are processed in less than 10 working days. In case of payments by Cheque; it may take more time for the Cheque to be delivered to your billing address, and for the funds to be credited to your account after you deposit the Cheque.

Please note that we shall not be responsible for any delays in credit to the Cardholder’s credit card account as that is managed by the Cardholder’s issuing bank. Incase of any delay, it shall be upto to the customer to take it up with their respective credit card bank with the reference of Shopers360 online refund process reference.

Email us at info@shopers360.com or call our contact center at our email in case of any assistance.