In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
a. The website www.scalemodelcart.com (hereinafter referred to as ‘Website’), owned by Shibz Domain having its office at P.O. Box 444, Thane – 400604, Maharashtra, India. Represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
c. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
f. We hold the sole right to modify the Terms of Service without prior permission from you or providing notice to You. The relationship creates on you a duty to periodically check the Terms of Service and stay updated on its requirements. If you continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. ONLINE PLATFORM
The website is an online platform through which we showcase and sell models of automobiles, trains, trams, airplanes, ships, etc. in various scale sizes such as 1:18, 1:24, 1:43, etc.
The products sold through this Website are strictly not for children under the age of 14 years. Users can purchase our products/services from the Website after registration.
Registration is compulsory if a customer wants to avail services of the Website and use it. We collect basic information such as your name, gender, date of birth, email address, contact number, password, city, state, country, Credit Card information, other billing Information, enquiry sought, etc.
Usage of this Website is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website, You may do so through your legal guardian. The Company/Website reserves the right to terminate your account on knowledge of you being a minor and having registered on the Website or availing any of its services.
Further, at any time during your use of this Website, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under the account shall be deemed to have been done by You. In the case that you provide us with false and/or inaccurate details or we have reason to believe that you have done so, we hold the right to permanently suspend your account.
In addition, you may also be contacted by Third Parties who may have access to the information disclosed by you or to whom we may have disclosed your information for purposes such as, but not limited to, statistical compilations.
The browsing of the Website by the User is free of cost. The User will have to pay for the Services and Materials which he/she wishes to avail from the Website. The charges for the products shall be mentioned by the Website and shall be (inclusive/ exclusive) of all taxes. We reserve the right to amend the fee policy and charge Users for the use of the Website and for availing its Services. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us.
The Company reserves the right to amend the prices of the products without intimating the Users. The prices, however, will not be altered for orders that have been confirmed or paid for.
6. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issue, by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in the case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format and the Company has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
8. ORDER CANCELLATION
In cases where the Buyer request for an order cancellation before the product is discharged, a cancellation fee of Rs. 100 (for Orders below Rs. 2000) and Rs. 500 (for Orders above Rs. 2000) is charged for the order that has been confirmed by the Company. The Buyers balance amount is then processed following the cancellation and the payment will be refunded based on how the original payment was made.
In cases, where deliveries could not be made to the location due to incorrect address mentioned by the customer while placing the Order, We are not responsible for this. In the event the item reaches us back, We will deduct Rs. 700 for Orders lesser than Rs. 3500 and 25% of the invoice value for any Orders above Rs. 3500. This will also apply to cases where the item is returned by the carrier firm due to non-availability of person to collect the package during delivery attempt.
In cases where the Company or Sellers cancels the order, The Company or Sellers may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
9. RETURN AND REFUND POLICY
We strictly follow a no-return and no-refund policy on all goods that we sell. However, in some exceptional circumstances, We may allow returns only at the sole discretion of the Company. A product shall not be returned under any circumstances if the same is found not to the liking of the purchaser or if certain parts get disassembled or come off during transit, or due to lack of finishing & detailing.
We check all products twice for any kind of visible damage(s) or defect(s) before they are packed and shipped. All scale models are very delicate in nature as they are manufactured by assembling several parts. We take full care while packing and shipping these products in order to avoid any kind of damage to the product. However, We still request you to consider the fact the during transit or otherwise certain parts of the product can get disassembled /break off like an antenna, flag poles, head lamps, bumper, tail lights, turning lights, brake callipers, wheels, door mirrors & handles, windscreen, seat/s, pinned/glued name tags, etc. Such parts can always be glued back or push-fitted. At times, it is also possible that there can be minor painting defects. Though manufacturers take every precuation to control such defects, it is possible that some pieces may carry pops (pin holes) and mottling defects. Acrylic display cases that come with some products are also highly susceptible to having scuff marks or visible cracks or breakage due to transportation and therefore any replacement is not possible. Signage plates or boards may get get bend during transportation. These are few of the factors that the customer must take into consideration while making an online purchase.
Different products’ have different quality and detailing and this depends on the different brands they represent. Some parts like loose doors or loose bonnets cannot always be treated as defects as these are present in most of the production lot. We have uploaded quality images of the products that we offer to sell on Our website in order to give the User a good idea about the products that the User intends to buy. We do not click all the pictures in-house and some are borrowed from various or allied sources.
You can contact Us if you want more information on the product that You intend to purchase. You can contact Us at email@example.com
We may accept return of goods only under following conditions:
- If they are delivered to you in extremely damaged condition. This should be notified to us within 24 hours in writing through photographs of the box and said article (from all angles) and/or a telephone call.
- If you’ve received a wrong product i.e. a different product than what you ordered. As we strictly follow a policy of no-refund, there will be an immediate replacement of the same model subject to availability or a replacement model of the same value in case of non-availability.
In both cases, We request you to maintain all original packing and cartons.
At the time of accepting delivery We request you to do the following:
· Check that the packet is not opened and is intact. Please note that our Courier bags are tamper proof and boxes have security seal stickers. In case the box seal has been broken or tampered, we strongly recommend you not to accept the package from the delivery person.
· Do not accept the delivery boxes if the outer edges of the delivery box have been heavily damaged or torn.
In both cases, We request you to inform us in writing within 24 hours with reasons for refusing the package so that a replacement or refund can be initiated.
Disclaimer regarding Image:
We click pictures of few products in-house and also that are borrowed from different sources. This is done to give Our customers a good idea of how the product will look like when they receive it. It is possible that images are slightly edited for the benefit of the customers. Please be aware the in spite of all this, there could be a colour variation of the actual product. This might be due to different monitor settings or any other reason (s). Products will not be returnable due to this reason.
We welcome all queries regarding this at firstname.lastname@example.org.
10. NON-DELIVERY OF THE PRODUCT.
a. The Dispatch time mentioned is only an estimate and may vary according to availability and is subject to any delays resulting from postal delays or force majeure events. It must be noted that time is not an essence of the bipartite contract between the Buyer and the Seller for purchase and sale of product through the website
b. In case the Buyer’s order is not serviceable by either the Seller or by the Partnering Logistic Service Provider, due to the following reasons the Company cannot be held responsible:
i. The User provides incorrect address credentials and Pincode
ii. The address to which the product is dispatched is locked
iii. Unavailability of User upon delivery of the product
iv. Incorrect contact information which may hinder the Company’s logistic service provider and or Seller from reaching the User.
v. Unavailability of User upon Delivery to the office. The Logistics provider will either try to reach the User or deposit the product with the reception at the Office in such cases.
vi. User nominates a person unknown to the Seller/Logistics Service Provider to be the receiver of the product
vii. The User’s non-refusal to accept the delivery of the product.
viii. The User’s request to maintain anonymity due to which the Seller/Logistics Service Provider cannot contact the User. These conditions are conducive to increasing the chances of unsuccessful and misplaced delivery of the product.
11. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You hereby certify that you are at least 18 years of age.
b. You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
c. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
d. You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii. Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii. Use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv. Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the central server);
vii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or any other technical appliance through which the Website is being accessed by other users.
viii. Download any file posted on the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. Probe, scan or test the vulnerability of the Website or any connected network, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website or exploit the Service or information made available or offered by or through the Website.
xi. Violate any applicable laws or regulations for the time being in force within or outside your home country;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
xiv. Threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xv. Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
a. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
13. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or aware of any infringing material on the Website, please contact us at email@example.com. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and at Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b. The Website has no obligation to provide you with a copy of the information any other User provides on the Website. Further, we reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
a. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
c. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
16. DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by users from use of the services on this system. This without limitation includes loss of revenue/data resulting from delays, pricing issues or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Scale sizes of models mentioned are only indicative and as suggested by the manufacturer.
Both the Seller and Buyer understand and agree that www.scalemodelcart.com has the right to cancel any sale transaction, listing or acceptance. The Company has the sole right to restrict including but not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Although shipping is free, any local charges such as octroi, local taxes, state taxes, etc. have to be borne by the Buyer. The shipping shall take a minimum of 3 working days (excluding Saturday / Sunday / Public Holidays) to dispatch after confirmation after the payment has been made. After dispatch, it shall take about 5-12 (depending on serviceable location) working days to be delivered to the User. However, We are not responsible for any delay in shipment due to local holidays or forces that are beyond our control.
Currently, we do not ship goods abroad.
Any comments, ideas, suggestions, initiation or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website and that use of such content by the Company/Website does not infringe upon or violate the rights of any Third Party.
In the event of any action initiated against the Company/Website by any such affected Third Party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
19. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration proceedings shall be held at Thane, Maharashtra, India. The proceedings of arbitration shall be in English. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Thane, Maharashtra, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
21. MISCELLANEOUS PROVISIONS:
a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.