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Terms Of Sale

Terms Of Sale

These Terms of Sale (“Terms”) constitute a legally binding agreement between you (“User” or “Customer”) and Zingool Technologies Private Limited (“Company”) and are an electronic record under the provisions of the Information Technology Act, 2000 and applicable rules made thereunder. By accessing or using the website www.ezcarestore.in (“Website”), you agree to be bound by these Terms.

The Website is owned and operated by the Company and functions as a direct-to-consumer (“D2C”) ecommerce platform through which the Company offers and sells products (“Products”) directly to Users.

 

1. ACCEPTANCE OF TERMS

These Terms constitute a legally binding agreement between the User and the Company and govern your access to and use of the Website and purchase of Products. If you do not agree with these Terms, you should not access or use the Website. Continued use of the Website shall be deemed as acceptance of these Terms. The User further agrees to be bound by the Privacy Policy, return and refund policy, and any other policies or guidelines published on the Website.

2. NATURE OF TRANSACTION

The Website is operated by the Company as a D2C ecommerce platform. All Products are sold directly by the Company to Users.

The Company shall be responsible for:

  1. Order processing
  2. Payment facilitation
  3. Delivery and logistics coordination
  4. Customer support
  5. Returns, refunds, and replacements

in accordance with these Terms. The Company may engage third-party service providers for fulfilment of the above services. All such services shall be provided on a reasonable efforts basis and subject to operational and third-party dependencies. The Company does not act as an intermediary marketplace and the transaction is directly between the Company and the User.

 

3. PRODUCT INFORMATION & PRICING

  1. All prices are listed in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise.
  2. Prices, offers and availability of Products are subject to change without prior notice and at the sole discretion of the Company.
  3. In the event of any pricing error, typographical error, or incorrect product information, the Company reserves the right to cancel or refuse any order placed, whether or not the order has been confirmed and/or payment has been processed.
  4. The Company reserves the right to limit quantities or refuse orders at its sole discretion, including in cases of suspected misuse or bulk purchasing.

The Company does not warrant that product descriptions, images, pricing, or other content on the Website are error-free, complete, reliable, or current, and the User acknowledges that minor variations may occur.

 

4. PAYMENTS

  1. The Company uses third-party payment gateways authorized under applicable laws.
  2. The Company shall provide reasonable assistance in resolving payment-related issues; however, all payment transactions are subject to the terms and conditions of the respective payment service providers.
  3. The User agrees to provide accurate and lawful payment details.
  4. To the extent permitted under applicable law, the Company shall not be liable for :
    1. Unauthorized transactions
    2. Payment failures due to banking issues
    3. Fraudulent use of payment instruments

The Company shall not be responsible for any loss arising from unauthorized use of payment instruments, except where such loss is directly attributable to the gross negligence or wilful misconduct of the Company.

5. SHIPPING & DELIVERY

  1. Delivery timelines are indicative, non-binding, and subject to operational constraints.
  2. The Company shall use commercially reasonable efforts to ensure timely delivery of Products.
  3. Risk and title in the Product shall pass to the User upon successful delivery to the delivery address provided by the User.
  4.  Delivery of Products is currently limited to locations within India as may be serviced by the Company or its logistics partners.
  5. The Company shall not be liable for any delay, non-delivery, or failure in delivery arising due to:

                                 i.            Logistics constraints

                               ii.            Force majeure events

                             iii.            Incorrect or incomplete address provided by the User

                             iv.            delays attributable to third-party logistics providers engaged by the Company.

The Company reserves the right to cancel orders where delivery is not feasible due to operational or logistical constraints.

6. RETURNS, REFUNDS & REPLACEMENT

Eligibility Criteria

You may request a replacement or refund only in the following cases, subject to verification by the Company:

         i.            The product received is damaged

        ii.            The product received is defective

      iii.            The product received is incorrect (wrong item delivered)

      iv.            The product received is expired or spoiled

        v.            The product box received is empty

Claim Conditions

To file a valid claim, please ensure:

       i.  The issue is reported within 5 (“five”) days of delivery;

      ii.  Clear images and/or video proof of the issue is provided;

      iii.  Claims without proper proof may be rejected at the discretion of the Company;

      iv.  Products must be unused and returned in their original packaging (where applicable);

      v.  All claims shall be subject to review and verification by the Company.

              Important Notes

      i. Product ordered cannot be returned at the time of delivery solely on the basis of return    

             eligibility.

      ii. The customer must accept and pay for the order as placed.

      iii.   Requests raised after 5 days may be rejected.

      iv. Orders once shipped cannot be cancelled, except at the sole discretion of the Company.
 
      (However, unshipped orders may be cancelled, subject to system validation and processing.)

Refund & Replacement Process

   i.  All claims are reviewed within a reasonable timeframe (typically within 48 hours)

   ii. Upon approval, a reverse pickup will be arranged (if applicable)

  iii. After quality check, refund or replacement will be processed within 24 hours

  iv. Timelines for processing (including 24 hours post verification) are indicative and subject   
       to operational and third-party dependencies

 

Refund Modes

 Prepaid Orders: Refund to original payment method

  COD Orders: Refund via bank transfer / UPI, based on details shared by the customer via    email

→ Email: care@ezcarestore.in

 Customer Support

For any assistance or claim:

Customer Care: 7289088882

Email: care@ezcarestore.in 

7. USER OBLIGATIONS

The User agrees and undertakes to:

  1. Provide accurate information
  2. Not misuse the Website
  3. Not engage in fraudulent transactions
  4. Comply with applicable laws

The User shall not:

  1. upload, transmit, or share any unlawful, harmful, misleading, defamatory, or objectionable content;
  2. attempt to gain unauthorized access to the Website or its systems;
  3. engage in any activity that disrupts or interferes with the functioning of the Website;
  4. misuse promotional offers, discounts, or referral programs.

The Company reserves the right to suspend or terminate access of any User found to be in violation of these Terms.

 

8. CANCELLATION & FRAUD PREVENTION

The Company reserves the right, at its sole discretion, to cancel, refuse, or limit any order in cases including but not limited to:

  1. Pricing errors
  2. Suspected fraud
  3. Bulk or commercial misuse
  4. Invalid or incomplete information
  5. Misuse of promotional offers or discounts
  6. Orders placed using unauthorized or suspicious payment instruments

Refunds for cancelled prepaid orders, if applicable, shall be processed to the original payment method within a reasonable period, subject to applicable banking timelines.

The Company reserves the right to suspend, restrict, or terminate User accounts, and/or block access to the Website, in cases of suspected fraudulent, abusive, or unlawful activity, without prior notice.

9. PROHIBITED USE

Users shall not, directly or indirectly:

a.       Engage in fraudulent transactions

b.       Use false identity or credentials

c.        Abuse promotional benefits

d.       Violate any applicable laws

e.       Attempt to gain unauthorized access to the Website or its systems

f.        Interfere with or disrupt the functioning of the Website

g.        Upload, transmit, or distribute any unlawful, harmful, defamatory, or objectionable content

Any violation of this clause may result in immediate suspension or termination of access to the Website and may also attract legal action.

 

10. LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law:

  1. The Company shall not be liable for any indirect, incidental, or consequential damages.
  2. The total aggregate liability of the Company, whether in contract, tort, or otherwise, shall not exceed the value of the relevant order giving rise to such claim.
  3. The Company shall not be liable for any loss arising due to, including but not limited to:

                                 i.            Misuse of the Website

    1. Incorrect information provided by the User
    2. Delays or failures caused by third-party service providers
    3.  Events beyond the reasonable control of the Company

Nothing in this clause shall exclude or limit liability where such exclusion is not permitted under applicable law.

11. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance of its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, strikes, governmental actions, or failure of utilities or logistics networks.

11A. DISCLAIMER OF WARRANTIES

All Products and services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, except as expressly stated on the Website.

11B. INDEMNITY

The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with:

a.       breach of these Terms by the User

b.      misuse of the Website or Products

c.        violation of applicable laws or third-party rights by the User

12. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India.
Subject to applicable law, the courts at Noida, Uttar Pradesh shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

The parties agree to submit to the exclusive jurisdiction of such courts.

13. MODIFICATION OF TERMS

The Company reserves the right to modify, amend, or update these Terms at any time at its sole discretion. Updated Terms shall be made available on the Website, and continued use of the Website after such changes shall constitute acceptance of the revised Terms.

It is the User’s responsibility to periodically review these Terms for updates.

14. INTELLECTUAL PROPERTY

All content available on the Website, including but not limited to trademarks, logos, text, graphics, images, videos, software, and design, is owned by or licensed to the Company and is protected under applicable intellectual property laws.

Users shall not copy, reproduce, distribute, modify, transmit, display, perform, or otherwise exploit any content from the Website without prior written consent of the Company.

Any unauthorized use of the Website content may result in legal action.

15. CUSTOMER SUPPORT

For any queries, complaints, grievances, or support requests, Users may contact the Company at:

care@ezcarestore.in

The Company shall use reasonable efforts to respond to queries and complaints within a reasonable timeframe.