THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name electricguru.com (hereinafter referred to as the “Website”) is owned by Arion Online Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 1010, Corporate Avenue, Sonawala Road, Goregaon East, Mumbai 400063, Maharashtra, India, ("Electricguru").
2. Membership Eligibility
Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Electricguru reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Electricguru’s notice or if it is discovered that such person is not eligible to use the Website.
3. Account and Registration Obligations
3.1. The Website allows only limited and restricted access to the services for unregistered users.
3.2. When you register on the Website, you are required to create an account (“Account”) by entering your name, email address, phone number, password and certain other information collected by Electricguru (collectively “Account Information”).
3.3. You agree that the Account Information that you provide to us at all times, including during registration will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if Electricguru has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Electricguru shall have the right to indefinitely suspend or terminate or block access to your Account on the Website and refuse to provide you access to the Website.
3.4. You shall not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
3.5. Electricguru reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information.
3.6. In no event and under no circumstances shall Electricguru be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the Account Information or your release of the Account Information to a third party.
3.7. You shall not use anyone else’s account at any time.
3.8. You understand that once you register as a user on the Website, you may receive SMS messages and phone calls from Electricguru on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by Electricguru.
3.9. You agree to, (i) immediately notify Electricguru of any unauthorised use of your Account Information or any other breach of security; and (ii) ensure that you exit from the Account at the end of each session. Electricguru cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by Electricguru or any user or visitor of the Website due to authorised or unauthorised use of your Account, as a result of your failure in keeping your Account Information confidential.
4. Use of the Website
You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
4.1. belongs to another person or entity and to which you do not have any right.
4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
4.3. is misleading in any way.
4.4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
4.5. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
4.6. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
4.7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
4.8. engages in commercial activities without Electricguru’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
4.9. interferes with another user’s use of the Website.
4.10. refers to any website or URL that, in Electricguru’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
4.11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
4.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
5. Your Reviews
5.1. The Website may allow you to post certain content, data or information of your own, such as allowing you to rate products, seller, 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 Electricguru using the Website (collectively referred to "User Content").
5.2. You, being the originator of the User Content, 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. You acknowledge that Electricguru does not endorse any User Content on the Website and is not responsible or liable for any User Content. Electricguru reserves the right to disable access to the User Content on the Website.
5.3. You hereby grant Electricguru a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
5.4. You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
6. Payment Facility
6.1. While availing any of the payment method/s available on the Website, Electricguru will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
6.1.1. Lack of authorization for any transaction(s), or
6.1.2. Exceeding the preset limit mutually agreed by you and between bank/s, or
6.1.3. Any payment issues arising out of the transaction, or
6.1.4. Rejection of transaction for any other reason(s) whatsoever.
6.2. All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees. Electricguru will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
6.3. At the time of delivering your order, we may request you to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing you with a safe online shopping environment.
6.4. You understand and agree that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the policies and hence you may not be entitled to a refund in respect of the transactions for those products and /or services.
6.5. You acknowledge that Electricguru will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond control of Electricguru.
7. Return Policy
7.1. Easy Return Policy is applicable within 7 days from receipt of the product and applicable only for the following reasons:
7.1.1. Damage / dead on arrival,
7.1.2. Manufacturing defect/Expired product & incorrect product,
The time frame starts from the date the product was delivered as per the confirmation received from our logistics team or courier partners. It being clarified that in case of products which are sourced by Electricguru from international sellers, i.e. through imports and orders which are customised as per your requirement, shall not be accepted for return by Electricguru under any circumstances.
7.2. You must notify Electricguru in writing within 2 (two) working days from the date of delivery for being eligible for the return. In the event that no such written notification is received by Electricguru within the time period mentioned above, Electricguru shall not be required to accept the return of the product.
7.3. Upon receipt of a return request from you within the period mentioned in Clause 7.2 above, Electricguru shall collect the product from you through its logistics partner at its cost and inspect the product as provided in Clause 7.4 below.
7.4. Upon receiving the product sought to be replaced by you, Electricguru shall be entitled to inspect whether there is in fact any defect or damage in the product entitling you to return the product or ask for a replacement.
7.5. Upon inspection of the product as provided in Clause 7.4 above, if Electricguru is of the opinion that the returned product is not defective / damaged then you will be informed about the same and the same product will be reshipped to your shipping address. You will have to bear the shipment charges for the reshipped product.
7.6. In the event, where after the inspection of the returned product Electricguru finds that the product is defective/damaged and accepts your return claim, Electricguru shall provide you with a replacement product within the .
8. Refund Policy
8.1. Only those products which are returned by you as per the return policy and for which the replacement is not possible will be eligible for refunds. If the product stock is unavailable, then a request for the refund will be initiated and the same shall be informed to you through registered e-mail.
8.2. 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, Electricguru may, at its discretion, either contact you for instructions or cancel the order and notify you of such cancellation. In such cases Electricguru will refund the transaction amount to you (only for which the payment is already received).
8.3. Online Refunds
8.3.1 In case the payment mode of the refunded order is online (credit card/debit card/net banking) the transaction amount will be refunded to your bank account.
8.3.2 Refund will be done within 10 (ten) working days from the date of request of refund, if found eligible.
8.4. Offline Refunds
8.4.1 In case the payment mode of the refunded order is cash on delivery the mode of refund will be through cheque.
8.4.2 Refund will be done within 10 (ten) working days from the date of request of refund.
8.4.3 Refund will be processed through NEFT within 10 working days
9. Cancellation Policy
9.1. Cancellation by Electricguru
9.1.1. If you place an order and due to some reason (unexpected lack of inventory or any other reason) Electricguru is not able to ship the product, the order will be cancelled and the transaction amount, if already paid, will be refunded to you.
9.1.2. There may be certain orders that Electricguru may be unable to accept and must cancel. Electricguru reserves the right, to refuse or cancel any order for any reason whatsoever at its sole discretion.
9.1.3. Some situations that may result in your order being cancelled include, without limitation, non-availability of the products or quantities of products ordered by you, non-availability of the services, inaccuracies or errors in pricing information, or due to a Force Majeure Event.
9.1.4. Electricguru may also require additional verifications or information before accepting any order. Electricguru will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the transaction amount will be reversed to your bank account.
9.1.5. A promo code, once used shall not be refunded in case of cancellation of order either by you or Electricguru.
9.1.6. Customer can cancel the order within 1 hour after placing the order if he/she wish to.
A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Electricguru and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of Electricguru and which Electricguru is not able to overcome.
9.2. Cancellation by You In case of requests for order cancellations, Electricguru reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Electricguru receives a cancellation notice and the order has not been processed/approved by Electricguru, Electricguru shall cancel the order and refund the transaction amount to you within a reasonable period of time. Electricguru will not be able to cancel orders that have already been processed. Electricguru has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Electricguru and accept Electricguru’s decision regarding the cancellation. You hereby accept that, in case of order/s comprising products that are sourced from international sellers by Electricguru i.e. imported products or products that are made as per your requirement, you shall not be entitled to cancel the order.
10. Shipping policy
10.1 We usually ship our products within 7-10 working days.
11. Intellectual Property Rights
11.1. 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 Electricguru or its manufacturers or suppliers 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.
11.2. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. Electricguru reserves the right to change or modify the Content from time to time at its sole discretion.
11.3. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Electricguru or their vendors/seller or manufacturers or respective third parties. You are not permitted to use the Marks without the prior consent of Electricguru, the vendor/seller or the manufacturer or the third party that may own the Marks.
11.4. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Electricguru owns all intellectual property rights to and into the trademark "Electricguru", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
11.5. Except as expressly provided herein, 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 Electricguru or thirty party owner of such Content.
12. Use of Content
Except as expressly indicated to the contrary in these Terms, Electricguru hereby grants You a non-exclusive, revocable and non-transferable right to view and download product catalogues available on the Website, subject to the following conditions:
12.2. You may not modify or alter product catalogues available on the Website;
12.3. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
12.4. You shall not remove any text, copyright or other proprietary items contained in the product catalogues available on the Website.
12.5. The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
12.6. Any software that is available on the Website is the property of Electricguru or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Electricguru.
15. Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. Electricguru is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Electricguru strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
17. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY ELECTRICGURU ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ELECTRICGURU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. ELECTRICGURU SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. ELECTRICGURU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WE SITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ELECTRICGURU DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
18. Limitation of Liability
IN NO EVENT SHALL ELECTRICGURU, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELECTRICGURU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF ELECTRICGURU VIS-À-VIS ANY USER OF THE WEBSITE, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY THE USER TO ELECTRICGURU. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
19. Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.