This document is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder, as applicable.
The domain name www.gadgets360.com (hereinafter referred to as "Website") is owned by Red Pixels Ventures Limited, a company incorporated under the Companies Act, 2013 with its registered office at 207, Okhla Industrial Estate, Phase-III, New Delhi-110020, India (hereinafter referred to as "Red Pixels").
At Red Pixels, We try our best to create a space where You can explore and shop for all Your favorite things in a safe and secure environment. So, We have created our terms of service keeping You in mind - no matter where in the world You may be.
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms & Conditions") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Red Pixels and these Terms & Conditions including the policies constitute Your binding obligations with Red Pixels.
In using the service of Red Pixels You are deemed to have accepted the terms and conditions listed below-
Red Pixels reserves the right to terminate Your membership and refuse to provide You with access to the Website if Red Pixels 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 Red Pixels 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.
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 Red Pixels You agree to be bound by the Terms and Conditions.
You also agree to:
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Red Pixels reserves the right to delete such multiple listings of the same product listed by you in various categories.
While Red Pixels strives to provide accurate product and pricing information, pricing or typographical errors may occur. Red Pixels 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, Red Pixels 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, Red Pixels 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 Red Pixels 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 Red Pixels 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 Red Pixels 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.
Prices and availability are subject to change without notice.
Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, the said amount will be reversed back in Your Card Account.
You agree, understand and confirm that the credit card details provided by You for availing of services on Red Pixels 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 when making payment on Red Pixels. Your credit card information never reaches Red Pixels, We just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or Red Pixels with any of the third parties unless required for fraud verifications or by law, regulation or court order. Red Pixels 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.
Red Pixels reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. Red Pixels 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.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
The 7 Day Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:
The following products shall not be eligible for return or replacement:
If Red Pixels has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Red Pixels Ventures Limited may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
Red Pixels reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Red Pixels may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
"Return" is defined as the action of giving back the item purchased by the Buyer to the Seller on the Website. The following situations may arise in relation to a Return:
1. The product was defective
2. The product was damaged during shipping
3. The product(s) was/ were missing
4. A wrong item was sent by the Seller
We encourage the buyer to review the listing before making the purchase decision. In case buyer orders a wrong item, buyer shall not be entitled to any return/refund.
Buyer needs to raise the refund request within 7 days from the date of delivery of product, subject to terms & conditions.
Once your return is received by us, a quality check will be performed on the returned items by our quality team.
Any returned item received by us that do not meet the above mentioned conditions, will not be accepted and will be returned back to you at your expense. No amount will be reimbursed in this case.
Once the request for Return is filed, the package needs to be handed over to the authorized logistics partner of Red Pixels within 7 days from the date of confirmation of reverse pick up of the product. Please note that our customer care division will send three reminders for the return
Red Pixels will arrange for a suitable time to get the product picked up from the given pick up address within 7 days from the date of reverse pick up of the product.
One attempt will be made to collect the product, after which Rs.100 will be deducted from the amount to be refunded for every attempt after the first one.
In case you email us with regard to returning a product, your email should contain comprehensive details of the defects/ complaints of the order/ package delivered to you. Please note that Red Pixels shall examine the returned products for all such defects/ variations, on the basis of the customers' emails.
Please have your Order Number/ Registered Email id, Product Name and your Pick-Up Address information ready before you call or mention them in your requested email in order to receive a Ticket number. Once you receive your Ticket Number, please re-pack the original product(s) & accessories to be returned with all original packaging, invoice and tags. If you are provided with packing material specifically to be used while returning the product, the same must be used for Returns. Please make sure that the returned items are packed securely and safely to prevent any loss or damage during transit. Items not as per aforesaid directions will not be accepted.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyer's account.
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
You can cancel your order online before the product has been shipped. Your entire order amount will be refunded.
In case the item You have ordered has been shipped but has not yet been delivered to You, You may still cancel the order online. Your refund will be processed once we receive the originally ordered item is back from the logistics partner.
Unfortunately, an order cannot be cancelled once the product has been delivered to You.
In order to cancel an item in Your order:
Once You request the cancellation of item(s) in Your order, it will take us a maximum of 3-5 business days to cancel the order and initiate a refund. You will be notified of the same by email.
If the Order Status shows the item(s) in your order as 'Shipped', we will process Your cancellation request directly with our logistics partner. Your refund will be processed soon after we receive the cancelled items back from the courier.
It may take up to 7-10 business days for the respective banks to process the refund. Please get in touch with the banks directly in case of any delays post confirmation of cancellation/refund by Red Pixels.
The details of the products or product specifications (weight, color, size, etc.) as mentioned on the Website are only approximate values.
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.
While some texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artworks (collectively, "Content"), maybe third party user generated Content and Red Pixels may have no control over such third party user generated Content; there might be certain Content which is posted by in-house teams of Red Pixels. In any case, You are encouraged to make a prudent, reasoned decision towards purchasing any particular Product.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
Without limiting other remedies, We may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if We think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of 3 months, or to modify or discontinue Red Pixels Site's services.
Red Pixels may at any time modify 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 Red Pixels. You should regularly review the Terms & Conditions on Red Pixels. 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.
Red Pixels.com will not be liable for delays resulting from incomplete address listings. In such cases the customer will have to bear the reshipping charges.
This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Delhi 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 Red Pixels 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 time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Red Pixels 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 Red Pixels's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Red Pixels of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Red Pixels 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. Red Pixels 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. Red Pixels 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 libelous 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".
Red Pixels 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 Red Pixels 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 Red Pixels and its affiliates for all claims resulting from any Comments You submit. Red Pixels and its affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.
Red Pixels 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 Red Pixels or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Red Pixels or third party suppliers. 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 Red Pixels. You cannot modify, distribute or re-post anything on this Website for any purpose.
The Red Pixels names and logos and all related product and service and Red Pixels slogans are the trademarks or service marks of Red Pixels. 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.
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 Red Pixels 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 and/or other intellectual property owned, controlled or licensed by Red Pixels, one of its affiliates or by third parties who have licensed their materials to Red Pixels 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 Red Pixels and is also protected by Indian and international copyright laws.
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, Red Pixels and its affiliates shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.
You agree to defend, indemnify and hold harmless Red Pixels, 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 Red Pixels or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under this User Agreement or arising out of the 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.
This User Agreement is effective unless and until terminated by either You or Red Pixels. You may terminate this User Agreement at any time, provided that You discontinue any further use of this Site. Red Pixels 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 Red Pixels. Upon any termination of the User Agreement by either You or Red Pixels, 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. Red Pixels'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.
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.
While Red Pixels 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. Red Pixels 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 constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Red Pixels or its suppliers shall not be liable for any indirect, incidental, special, 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 Red Pixels 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. Red Pixels, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness 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, Red Pixels 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.
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. Red Pixels 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 Red Pixels on this Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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 in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Red Pixels with respect to the Red Pixels sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Red Pixels with respect to the Red Pixels sites/services. Red Pixels'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.
Verified by Visa (VbV) is an online service designed to make Internet transactions safer by authenticating a card holder's identity at the time of purchase. Verified by Visa software installed at a merchant Website activates the cardholder interface during the authentication process.
MasterCard SecureCode is a simple and secure way to pay at thousands of online stores. A private code known only to You and Your bank, Your SecureCode enhances Your existing MasterCard account by protecting You against unauthorized use of Your card when shopping online at participating online retailers.
The aim & objective of Verified by Visa & MasterCard SecureCode is to create a level of consumer trust and confidence in online shopping similar to that in the physical shopping environment. It is designed to improve both cardholder and merchant confidence in Internet purchases as Well as reduce disputes and fraudulent activity related to the use of Visa & MasterCard payment cards