TERMS OF WEBSITE USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time that require publishing the rules and regulations and the user agreement for access and/ or transacting and/ or usage of www.shopkarcherindia.com (“Website” or “Onlineshop”) and sets out the terms and conditions governing it and the disclaimer.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please note that these terms and conditions only apply to orders from our OnlineShop website. Please also note that, although orders from our OnlineShop website may be fulfilled by other divisions of the Karcher group, these are the only terms and conditions which apply to such orders and any other terms and conditions (for example on the back of dispatch notes) be ignored.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
- Information about us
- Your status
- How the contract is formed between you and us
- Consumer rights
- Availability and delivery
- Risk and title
- Price and payment
- Our returns policy
- Our liability
- Written communications
- Transfer of rights and obligations
- Events outside our control
- Entire agreement
- Our right to vary these terms and conditions
- Law and jurisdiction
1. INFORMATION ABOUT US
The Website is owned and operated by Karcher Cleaning Systems Private Limited, a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U29142DL2011PTC214243, having its Registered Office at Level 4, B-Wing, Statesmen House Building, Barakhamba Road, Connaught Place New Delhi 110001 (hereinafter referred to as “Company” or “Karcher” or “us” or “our” or “we”, which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns).
2. YOUR STATUS
Our Website is only intended for use by people resident in India. We do not accept orders from individuals outside India.
By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old; and
(c) you are resident in India; and
(d) you are accessing our Website from India.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we dispatch the Product.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time before dispatch of the order. In this case, you will receive a full refund of the price paid for the Products in accordance with our policy. 4.2 To cancel a Contract, you must inform us in writing. If you fail to comply with this obligation, we may have a right of action against you for compensation. 4.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided at the Website. This provision does not affect your other statutory rights as a consumer. 4.4 It shall be your duty at all times to completely understand the nature of the Product intended to buy and purchase the right Product for the appropriate use. For example, the customer must not purchase a Product sold under the segment ‘Homes and Garden’ for professional applications.
5. AVAILABILITY AND DELIVERY
We always aim to dispatch all Products in stock within 4 to 5 working days. The maximum India delivery time for Products is 30 days from acceptance of your order unless specifically agreed with you in writing.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery. 6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 7.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already dispatched the Products. 7.3 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have dispatched the Product, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error. 7.5 Payment for all Products must be by payment options available at the Website. Your card may be charged as per applicable policy before we dispatch your order.
8. OUR REFUNDS POLICY
8.1 If you return a Product to us: (a) because you have cancelled the Contract between us before dispatch , we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full (b) for any other reason, if the product delivered is defective, we will examine the product and will replace the product within 30 days of the notified date. If we opt to refund the price of a defective Product under clause 10.2, we will refund the price of the Product in full (c)To initiate replacement, you must inform us in writing within 7 days of receipt of the relevant Product. 8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.1 We warrant to you that any Product purchased from us through our Website other than detergents and chemicals will, From the date of Invoice and for the following 12 months, confirm in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
9.2 We will at our option repair, replace or refund the price of Products which you notify us are defective within the time limits
9.3 You must notify any defect to us as soon as possible and in any event:
(a) within 7 days of receipt of the relevant Product 9.4 This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorised by us or the use of incorrect electrical supply voltage, contaminated water supply or unsuitable chemicals.
10. OUR LIABILITY
10.1 If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort [including negligence], breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. 10.2 We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following: (a) loss of income or revenue;(b) loss of business;(c) loss of profits;(d) loss of anticipated savings;(e) loss of data; or(f) waste of management or office time.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given at the details mentioned above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract with or without notice.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and(f) the acts, decrees, legislation, regulations or restrictions of any government. 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of our obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 15.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between you & us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you & us relating to the subject matter of any Contract. 17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. 17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we dispatch the Product (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Indian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts at New Delhi.
20. PRODUCT GAURANTEE
Guarantee for Home and Garden products.
At Karcher we test every machine before it leaves the factory and lifetime test every thousandth machine to ensure they will withstand many years of use, long beyond the warranty period. Alongside our stringent testing, we offer a manufacturing warranty on our products. The details for this are below: · The Kärcher product is covered under warranty by Kärcher (India) to be free of defective parts and materials for a period of 12 months from the date of purchase (or as otherwise stated at point of sale) providing the product is used for normal domestic duties. · All warranty periods commence on the date of purchase and are non-transferable. · The warranty is limited to the provision of repairs, free of charge within the specified period providing the above conditions are met and the original proof of purchase is provided. · This warranty applies to ‘Home and Garden’ products (excluding accessories and detergents) used for domestic use only and shall not apply to any products used for commercial purposes.
The Karcher Guarantee is a manufacturing cover for your domestic product. This Guarantee shall not apply to defects caused by:
- Accidental Damage
- Wear and tear
- Improper storage
- Installation or careless handling
- Frost damage/heat damage
- Alteration not carried out or authorised by Karcher approved supplier
- The use of incorrect supply voltage
- Contaminated water supply
- Unsuitable chemicals
Karcher (India) shall not be liable in any event at any time for any indirect or consequential loss or damage. The rights and benefits under warranty are additional to your statutory rights which are not affected by this guarantee.