TERMS AND CONDITIONS FOR ONLINE SALE

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between JAIICO (“JAIICO”, “we” or “us”) and you and govern the terms and conditions on which you purchase the Products from us on or through TCL Home Application. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.


Product” shall mean the variety of products offered for sale to you on [Shop and Online Shopping ] in TCL Home Application.


These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.


Your personal information will be collected, stored and processed in accordance with applicable data protection laws. We may disclose or share your personal information with the product manufacturer or third party service providers whom we work with in the course of our business including customer support, delivery, security, financial and legal advisory, banking, payment processing, credit reporting, fraud checks, data storage, information processing, order tracking, marketing, product reviews, responding to customer queries and complaints, technology services or law enforcement agency for compliance purposes or to assist with investigations..


1. CONTRACT OF SALE


1.1. Listing and display of a Product by us on Website is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Website by you is your offer to buy the Product(s) from us.


1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.


1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.


1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.


1.5. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.


1.6. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.


1.7. All orders placed on Website are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.


2. RETURN AND REFUND


2.1 Please review the returns policy and refund policy of Website (Returns policy and Refund policy), which applies to Products sold by us.


3. PRODUCT AVAILABILITY


3.1 We list availability information for the Products on the relevant webpage of Website. Beyond what we say on that webpage or otherwise on Website, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.


4. PRODUCT PRICING


4.1. All prices are listed in currency price. Price, as displayed, is inclusive of all applicable taxes.


4.2. Products in your shopping cart of Website will reflect the most recent price as displayed on the Product’s information webpage on Website. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.


5. TAXES


5.1 You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.


6. INSTALLATION AND DEMONSTRATION


6.1 You shall pay the existing charges for installation and demonstration of the products purchased from TCL App, unless TCL may offers any free installation and demonstration for any particular model of the product in specific period. You agree that you shall install through the authorised service persons of TCL only, otherwise the product warranty shall not extend/applicable as per warranty terms and conditions. If you receive any transit damaged product, you shall intimate to TCL within 24 hours of the receipt of the product.


7. ELIGIBILITY


7.1 Only persons who can enter into legally binding contracts as per applicable law, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Website and place an order with us. If you are a minor i.e., under the age of 18 years, you may purchase the Product on Website only with the involvement of a parent or guardian.


8. LIMITATION OF LIABILITY


8.1 In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.


9. AMENDMENTS


9.1 We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.


10. FORCE MAJEURE


10.1 We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.


11. WAIVER


11.1 No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.


12. MISUSE OF APP


12.1 You agree that you shall not misuse or harm to the App or services in any manner and responsible for all misuse of your account and liable to pay for all consequential damages or losses incurred by the TCL and shall be prosecuted as governed by the local laws.


13. GOVERNING LAW AND DISPUTE RESOLUTION


13.1 These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.


14. MISCELLANEOUS


14.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.


14.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.