Terms and Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions outline the rules and regulations for the use of KPAMart.com Website.
By accessing our website you engage in our service and agree all the terms and conditions in full. If you do not accept all of the terms and conditions of this agreement, then you may not continue to use KPA Mart or any services. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants and/or contributors of content.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Ourselves”, “We”, “Our” and “Us” refers to KPA Mart.com.
- Eligibility to Use
1.1. Use of KPA Mart 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 our Website. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the Website.
1.3. The KPA Mart Website reserves the right to refuse to provide access to the Website and/or terminate any membership and if it is brought to the Website’s notice or if it is discovered that the person accessing the Website is under the age of 18 years.
1.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and he/she is capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
1.5. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from transferring, selling, trading Your Account to another person
1.6. You may not use our products for any unauthorized or illegal purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.7. You must not transmit any worms or viruses or any code of a destructive nature. A violation of any of the Terms will result in an immediate termination of your Services.
- User Account and Password
2.1. You may access and use the Website and the Services either as a registered user or as a guest user. However a guest user may not have access to all sections of the website.
2.2. Register in the website as a User by creating an Account in order to avail of the Services provided by the Website. New account can be created with Your own username, Email ID, password and mobile number. You will be responsible for maintaining the confidentiality and security of the Account Information and are fully responsible for all activities that occur under Your Account.
2.3. Ensure that the Account Information provided by You in the Website’s registration form is up-to-date, complete and accurate at all the times. Use of another user’s Account Information for availing the Services is strictly prohibited.
2.4. If You provide any information that is false, untrue, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete) or KPA Mart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Website /Services .
2.5. The Website also allows guest users with limited access to the Services. Guest users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
2.6. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto.
3.1. Prices for our products are subject to change without notice according to market standards irrespective of whether an item has been wish listed by an User.
3.2. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3.3. We have made effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
3.4. We have rights to limit the purchase quantity of the products or particular user or per order at any time.
- Payments, Shipping and Delivery
4.1. We may limit or cancel quantity of products purchased by a person, per household or per order. We have the right to refuse any order you place with us.
4.2. The user acknowledge that KPA Mart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of our website.
4.4. All our Products purchased from the Website shall be delivered to the User by standard courier services. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard.
4.5. KPAMart.com shall not be liable for any damage to the Product in transit due to mishandling by the logistics partners.
4.6. The logistics partners supported by KPAMart.com 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, We reserves the right to cancel or make delay the order(s) at its discretion.
4.7. In order summary page an estimated delivery time shall be displayed. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
4.8. Sometimes, delivery may take longer due to bad weather, Transportation delays, political disruptions and other unforeseen circumstances. 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.
4.9. The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
4.10. No deliveries of the Products shall be made outside the territorial boundaries of India.
4.11. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate orders and provide separate delivery addresses for each order, 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.
- Return, Replacement and Refund
5.1. The return policy period depends on the product category which user brought. If any defect is found, then the buyer of the product/s can ask for replacement of the product/s at the time of delivery and/or within the applicable return policy period subject to the following terms and conditions
5.2. Notify defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
5.3. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with us.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Incidental damage due to malfunctioning of product;
- If there is a change in the quality, quantity or other characteristics of the Product
- Any consumable item which has been used/installed;
- Products with tampered or missing serial/UPC numbers;
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
- Any damage/defect which are not covered under the manufacturer’s warranty
- Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way. Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
- Returns are not applicable for ‘Made to order’ Inner wear, lingerie, socks, clothing freebies, etc.
5.4. All food or edible products are non-returnable at point of time.
5.5. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode to the source.
5.6. All refunds shall be made in Indian Rupees only.
- Cancellation Policy
6.1. To provide a safe and best shopping experience, we regularly monitor transactions for fraudulent activity. If we detect any suspicious activity, KPAMart.com reserves the absolute right to cancel all the orders without any liability.
6.2. We may also require additional verification or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
6.3. If your order is cancelled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded.
6.4. If a User raises a complaint for partial item/partial order:
The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained. An Email will be sent seeking/providing detailed information.
6.5. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Users doesn’t provide adequate information about the case
- Users doesn’t provide snapshots of the packet and box(if any)
- If an opened delivery was received, pilferage claims must be made the same day.
7.User Conduct and Obligations
7.2. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogs) that Your access on the Website.
7.3. You agree and undertake that will not defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
7.4. You agree you will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
7.5. Our Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to KPAMart.com using the Website / Services (collectively referred to “User Content”). You are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. We reserve the right to disable access to the User Content on the Website.
7.6. You should not violate any applicable laws or regulations, any of the terms and conditions of this Agreement for the time being in force in or outside India
7.7. You are prohibited to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose.
- Intellectual Property Rights
8.1. The Website and the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by KPAMart.com or its licencors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website by no means are any rights impliedly or expressly granted to You in respect of such Content. We reserve the right to change or modify the Content from time to time at its sole discretion.
8.2. You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from KPAMart.com
- Third Party Content
9.1. Third party information’s and links to third party websites may available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only.
9.2. All Third Party Content is provided on an ‘As Is’ basis. KPAMart.com may not own /have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, non-infringement, merchantability or fitness for a particular purpose of any Third Party Content.
9.3. KPAMart.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.4. Third Party Content may contain links to third party websites, and if You visit any such external link, You agree to do so at your own risk, responsibility and liability.
- ERRORS AND INACCURACIES
10.1. There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) when any information in the Service or on any related website is inaccurate.
10.2. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information’s in the Service has been modified or updated.
- Disclaimer of Warranties & Liability
10.1.We do not warrant the website, services, content and any third party content and also the results that may be obtained from the use of the service will be accurate or reliable, the website or the services will meet your requirements or your use of the website or the service will be uninterrupted, timely, secure or error-free. We do not guarantee, represent or warrant that the quality of the website or services will meet your expectations or any errors, defects or services will be corrected.
10.2. You agree that we reserve rights to remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
10.3. You expressly agree that your use of, or inability to use, the service is at your risk. The service and all products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.4. KPA Mart disclaims all liability with respect to the misuse, loss, modification or unavailability of any user or third party content.
10.5. In no cases, KPA Mart be liable for any loss, injury, claim, or any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10.6. KPA Mart shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control
- Indemnification and Limitation of Liability
11.1.You agree to indemnify, defend and hold harmless KPA Mart , subsidiaries, affiliates, partners, officers, directors, agents, contractors, licenCors, service providers, subcontractors, suppliers, interns and employees, harmless from any penalties, damages, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or Any claims made by any third party due to, or arising out of, or in connection with, User’s use of the Website or your violation of any law or the rights of a third-party including any IPR (Intellectual Property Rights).
- Governing Law
These Terms of service and all transactions entered into the Website and the relationship between You and KPA Mart shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- Changes to term of service
13.1. You can review the most current version of the Terms of Service at any time at this page.
13.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to check our website periodically for changes /Updates to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
KPA Mart will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice /electronic record to the maximum extent permitted under any applicable law. You agree and understand that You send emails or other data, information or communicate to KPA Mart through electronic records.
If any provision of the Agreement is found to be unenforceable or unlawful such provision shall be enforced to the maximum extent permissible by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service such determination shall not affect the validity and enforceability of any other remaining provisions.