TERMS AND CONDITIONS
Welcome to XERGY.in. We provide goods and services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. Every time you wish to use our site, please check these Terms and Conditions to ensure you understand the terms that apply at that time. XERGY.in reserves the right to change this site and these terms and conditions at any time.
If you disagree with any part of the Terms then you should discontinue access or use of the Site. Please read this Agreement carefully before proceeding.
If you have any query regarding the Conditions or the Data Protection Policies, you may contact us anytime .
2.USE OF OUR WEBSITE
When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. Subject to the terms and conditions of this Agreement, XERGY.in hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by XERGY.in in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by XERGY.in in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by XERGY.in in advance. XERGY.in reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if XERGY.in believes that customer conduct violates applicable law or is harmful to XERGY.in 's interests or in violation of these Terms and Conditions.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under any applicable local or international laws; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. XERGY.in may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and XERGY.in has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify XERGY.in of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Customers must provide valid and accurate data. All names of buyers / customers, address and payers name should be valid. It is the customers sole responsible for the accuracy of data that they provide to us.
- DATA & INFORMATION POLICY
When you use this website and place orders through it, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email address above to correct the error.
While XERGY.in strives to provide accurate product and pricing information, pricing or typographical errors may occur. XERGY.in cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, XERGY.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, XERGY.in may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5.1 Price and Payment
All prices are inclusive of goods and services tax (where applicable) at the rate appropriate to the country of receipt and are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your wallet in your XERGY.in Account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Paytm , Paypal and online banking etc.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
5.4 Shipping & Delivery
XERGY.in ships from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders within seven working days of orders being placed. However, sometimes during busy sale periods, deliveries may take longer. Please note that Sunday is not classed as working days. If you have not received your delivery in ten working days please contact our Customer Services through firstname.lastname@example.org .
5.5 Title and risk of loss
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company.
5.6 Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide XERGY.in, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to XERGY.in without charge and XERGY.in shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of XERGY.in and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by XERGY.in in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. XERGY.in assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify us against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant XERGY.in the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by XERGY.in will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead XERGY.in or third parties as to the origin of any Submissions or Content. XERGY.in may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
6.INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. XERGY is a registered trademark, and/or trade name of SRG Enterprises. No use of this mark may be made without the prior written authorization of XERGY, except as necessary to accurately identify the products or services of XERGY.
7.THIRD PARTY LINKS AND RESOURCES
Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
- LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence;
- in case of fraud or fraudulent deceit; or
- in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.