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General Terms and Conditions

Thank you for choosing Poorvika Mobiles Pvt. Ltd. for your Gadget purchases.

This page (together with the documents referred within) gives you an insight into your association with Poorvika Mobiles Pvt. Ltd. E-Commerce Portal.

You may seamlessly use our website www.poorvika.com based on all the important information contained in these Terms of Use, regardless of whether you are a visitor or a registered user. Please review and understand these Terms and Conditions carefully before you start using Poorvika Online.

Please note that the following are some conditions you need to follow if you intend to continue using the Poorvika Website:

You imply that you accept these Terms and Agree to abide by them by continuing to Use Poorvika Online. If you do continue using Poorvika website, it means that you will be bound by these Terms and Conditions. Hence, if you do not accept these Terms, please do not use Poorvika Online. When you apply to become a registered user, you will be prompted to "Agree" to these Terms. Please note that if you don't "Agree", you will not become a registered user as per our Terms. If you declined to "Agree", yet still use Poorvika Online as a visitor, your continued usage will indicate your acceptance of these Terms.


Who We Are

The Portal, Poorvika.com (“Website”) and the mobile application "Poorvika" (“App”) is owned and operated by Poorvika Mobiles Private Limited.

Our registered office: No.30, Arcot Road, Kodambakkam, Chennai, Tamil Nadu - 600024.

We are registered in Tamil Nadu under Companies Act 1956.

We are a Private Limited Company.


DEFINED TERMS

1. “Accepting your order” means acknowledging your order.

2. "Content" means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static, mobile images and all other materials on Poorvika Website.

3. "Items" means all goods or services offered for sale that have been Posted on the Poorvika Website.

4. “Poorvika Online” means Poorvika Mobiles Pvt. Ltd. E-Commerce Portal which is also referred to herein as “we,” “us” and “our.”

5. "Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and you may interpret the words "Posted" and "Posting" accordingly.

6. "Registered User" means anyone who has a Poorvika Online account.

7. "Services" means all or any services provided by us through Poorvika Online (including, without limitation our online marketplace).

8. “Terms” means these Terms of Use, our Privacy Policy and any other Terms, Conditions and/or Policies posted/ referred by Poorvika Mobile Pvt.Ltd on the Poorvika Mobiles Pvt. Ltd. E-Commerce Portal, including any updates to these Terms of Use and those terms and policies.

9. “you” or “your” means any user/visitor/guest/customer/consumer.

10. "Website" means www.poorvika.com


I. YOUR USE OF THE POORVIKA ONLINE

a) Limitation of Our Liability

Please note that every single transaction or Order placement done by you on our site has been designed, developed, operated and maintained by Poorvika Mobiles Pvt. Ltd.

It is imperative you agree that none of the Poorvika Mobiles Pvt. Ltd. Showrooms and its employees are accountable for any of the ways you visit, view, order/buy/purchase (products or services including inter-alia claims such as payment and delivery of products) or anything else you do on our Poorvika Website. We would also like you to agree that you waive any/all claims against all Poorvika Mobiles Pvt. Ltd. Showrooms and employees.


b) Competent to Contract

Accessing the Poorvika Mobiles Pvt. Ltd. E-Commerce site means you do affirm you are in Sound Mind of Eligible Legal Age (as defined by Indian Contract Act 1872) to be entering these terms of use. If you are not of legal age, we hope you have obtained parental or guardian consent to enter into these Terms of Use and that your Parents or guardian consent to these terms on your behalf. If you accept on behalf of an organization, it also means you're confirming us that you are authorized to represent that organization.


c) Amendments

Since we tend to update this User Agreement from time to time, at our sole discretion, we believe you know that it is your responsibility to regularly check this User Agreement for changes, periodically. In addition, when you continue to use our website even after the changes, it automatically translates to you accepting and agreeing to the changes made as well. Further, please note that it is your responsibility to carefully read, agree with and accept the terms or any other terms and conditions.


II. YOUR ACCOUNT AND PASSWORD SECURITY

(1) You are expected to take sole responsibility for maintaining the confidentiality and security of your account including user ID/name or password or PIN or identification code and the likes. We hope you understand Poorvika Online cannot be deemed responsible for any losses arising out of the unauthorized use of your account.

(2) Any user identification code, password or other piece of information you choose, or you are provided with as part of our security information, are expected to be treated as confidential. Do not disclose it to any third party.

(3) You also agree that you will take sole responsibility for all activities that occur under your account.

(4) If we think, in our reasonable opinion, that you have failed to comply with any of the provisions of these terms of use, we hope you understand that we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.

(5) We are not liable if you lose or share access to your device. However, if you suspect unauthorized use of your account or anyone else knows your user ID/name or password or PIN or identification code and the like, you should try your best to inform us immediately.


III. OUR CONTRACT WITH YOU

(1) The products/services, information, promotions, etc displayed on the Website is an "invitation to offer" made to the public at large.

(2) You have to understand that when you place your order, you are offering to buy the product(s) or service(s) from us. We may accept or reject this order and it will further be subjected to the terms and conditions as listed.

(3) If you have submitted your valid email address or contact number, Poorvika Online will notify you by email acknowledging your order. You should check emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of your order by us.

(4) We hope you realize that only once your order has been shipped, it will be constituted as our acceptance of your order setting out a legally binding contract between us on these terms. No act or omission by us prior to the actual shipment of the Product(s) ordered will constitute acceptance of your order.

(5) You should also note that any kind of term you may have chosen to include in your order will not become a part of the contract.

(6) Alternatively, we may decline all or part of your order at our discretion for any reason, in which case, we will let you know through our email.


IV. Discount-Vouchers/Promo-Codes/Coupon-Codes

(1) You obtain benefits such as discount, free delivery and free gift from Discount-Vouchers/Promo-Codes/Coupon-Codes. You cannot transfer these and they can only be used by the person to whom they are issued and can only be used in accordance with their conditions of use.

When you decide to use Discount-Vouchers/Promo-Codes/Coupon-Codes to claim a benefit, you must first check if it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be required to confirm that:

a. you are entitled to use the code

b. you meet all the conditions that apply to its use.

c. you agree to the terms set out below.

(2) If we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied.

(3) If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may cancel your order or you will be informed the same.


V. CERTAIN RESTRICTION AND REFUSAL

(1) Errors in Pricing

a) We take all reasonable care to ensure that the price of the product advised to you is correct.

b) However, in the event that a Product is listed at an incorrect price due to an error in pricing that appears on the Website or during the order process, we hope you understand that Poorvika Online has all the right, at Poorvika Online’s sole discretion, to refuse or cancel your orders placed for that Product and notify you of such cancellation.

c) There may also be errors in transmission resulting in the interruption of your purchase. In that case, without admissions, Poorvika Online will in good faith try to resolve any issues that may arise for you, as a result of such errors.

d) You agree to cooperate with Poorvika Online to resolve such issues amicably and mutually. Further, you agree that Poorvika Online has all the right to determine the appropriate resolution in such cases.


(2) Quantity/Value Restrictions

We would like to bring to your notice that Poorvika Online reserves the right, at its sole discretion and without prior notice, to limit the quantity/value of items purchased per person per household or per order. We may apply these restrictions to orders placed by the same account, the same credit card, debit card or UPI and also to orders that use the same billing and/or shipping address.

(3) Product Out of Stock Before/After Order Acknowledgement

a) Certain products would have been in stock when your order was acknowledged, but after your payment was confirmed, if your ordered product went out of stock, we need you to understand that Poorvika Online reserves the right, at its sole discretion to ship it to you once the next shipment of stock arrives or to cancel the order. Also, We will notify you in either case.

b) If any of the products in your order went out of stock after your payment was confirmed, we will either first ship all the in-stock products that you have ordered, and then we will ship the products which are out of stock immediately once the next shipment of stock arrives, or we will ship all the ordered products together as soon as the out of stock products comes back in-stock.

c) You should also note that if any of the products on your order were already out of stock when you were placing the order, we will be able to ship all items in the order, only when the new stock comes in. However, in some situations we might first ship the items that are already available.

(4) Improper Use of The Poorvika Online

We would like to bring to your notice that Certain orders may constitute improper use of the Website and Services. So, in that case, you have to remember that Poorvika Online reserves the right, at its sole discretion, to refuse or cancel any order for any reason. In unfortunate conditions, we may also restrict or terminate your Account for any reason, at Poorvika Online’s sole discretion.

VI. INTELLECTUAL PROPERTY RIGHTS

Poorvika Online is pleased to welcome you to its website. However, we would like to tell you that every content you see on our website are our property. Our rights on the website are protected by Intellectual Property Laws (copyrights, trademarks, and database rights) and treaties around the world.

All such rights are reserved. Misuse of this website may incur both civil and criminal liability.

(1) However, we grant you a limited, non-exclusive and revocable license to access our website for the purposes of browsing products, offer(s), ordering products from us or obtaining contact information of us.

(2) We hope you understand that you are expressly not permitted to download any part of our website, to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or even exploit our website (or any part of it) for any purpose other than as set out above, nor are you allowed to frame our website or to link to any element of it other than the homepage provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our interests.

(3) We hope you acknowledge, Our status (and that of any identified contributors) as the Authors of Content on our site.

(4) You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

(5) If you print off, copy or download any part of our site in breach of these terms of use, we will have to seize your right to use our site immediately and you must, at our option, return or destroy any copies of the materials you may have made.


VII. OUR PRODUCTS AND PRICING

(1) You should note that Products may vary slightly from specifications/pictures.

(2) We try to provide accurate measurements/dimensions in respect of products but these may not include protruding features such as controls or handles. We only use the Images of the products on our website for illustrative purposes. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of colours accurately may reflect the actual colour of the products. There are chances your product may vary slightly from those images.

(3) The packaging of the product may vary from that shown in images on our website.

(4) Pricing for products may be different on the website or from prices available in Showrooms.

(5) You should note that Website Discount-Vouchers/Promo-Codes/Coupon-Codes is valid, only for Purchases done at the website.

(6) Meanwhile, Showroom offers, promotion and pricing is valid, only for purchases, done at the respective Showroom.


VIII. ADVERTISEMENT

(1) Some of our services are supported by advertisements. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information. The manner, mode and extent of advertising by Poorvika Online on the services are subject to change without any specific notice to you.

(2) Since Poorvika Mobiles Private Limited grants you access to, and use of the services, you understand that Poorvika mobiles Private Limited may place such advertising on the services.


IX. PAYMENT AND BILLING

(1) We hope you understand that Poorvika Online reserves the right to add or remove or modify the terms and conditions for such payment options, without prior notice.

(2) We need you to be truthful and accurate in all the billing information you provide to us.

(3) You should also remember that you are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).

(4) It is Highly important You notify us about any billing problems or discrepancies within 5 days after they first appear on the statement you receive from your bank or Credit Card Company. Please note that If you do not notify any problem or discrepancies to our attention within 5 days, you agree that you waive the right to dispute such problems or discrepancies.

(5) In case of Order Cancellation, money will be refunded to the original payment method.

(6) Certain Payment and Billing Issues (Pending Payments) - Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

a) You may have entered Incorrect debit or credit card details.

b) Card may be blocked, or card details are no longer valid or need to be updated.

c) The page is accidentally closed or refreshed, or you pressed the backspace while the transaction is being processed.

d) The connection between Poorvika Online and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.

e) Card or bank or issuer is not recognized by Poorvika Online.

f) Incorrect login or password details are entered.

g) Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.

h) If You face any of the above payment issues, please try placing the order again in a short while or contact Your bank or Poorvika Online customer care for assistance. We need you to remember that Poorvika Online is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.


X. TAXES

We hope you understand that You are responsible for payment of all fees/costs/charges associated with the purchase of products from us and you should also be bearing any and all applicable taxes including but not limited to service tax, GST, etc.


XI. PROOF OF IDENTIFICATION

We need you to understand that Poorvika Online and Poorvika Mobiles Private Limited., has every right to ask for proof of identification at the time of delivery of your order. If you Fail to provide the required proofs to us, we have the right to reject the delivery of your order and in consequence, cancel your order while we also notify you of such cancellation.


XII. SHIPPING AND DELIVERY POLICY

These Shipping and Delivery Policy are subject to the General Terms and Conditions herein mentioned above.

1. You need to provide the correct and accurate postal details for Poorvika Online to arrange delivery for any Products that you may have purchased.

2. Once the Logistics Supplier delivers your Purchased Products, the Ownership Title for the Products passes on to you.

3. We hope you understand that Poorvika Online is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which would be due to your fault or due to inaccurate, false or incomplete information provided by you.

4. When you confirm your purchase at the end of the checkout process, you naturally accept and pay for the Products, all shipping and handling charges and applicable taxes.

5. Please also note that Shipping and handling fees are non-refundable Reimbursements.

6. Dispatch of goods will be through reputed couriers. We ship Most of the items within 24-48 working hours after the payment is cleared.

7. Estimated delivery may vary for each product and shipment.

8. We will Deliver all orders to the shipping address of the Buyer. We will contact you for further instructions If you are not home at the time of delivery of the product or if no person is available at your address to take delivery of the products. If despite our reasonable efforts, we are unable to contact you or if you willfully refuse to receive the product during delivery, we may terminate the contract and refund you the sums you have paid for the undelivered product(s). However, we may deduct the costs of returning the product(s) from that refund (or charge you with, if you have not already made the payment).

9. Please note all items (including gifts) will be shipped with an invoice mentioning the price, as per Indian Tax Regulations.

10. We only Deliver goods on Weekdays, Weekends and Working Days. We don't deliver during National Holidays or other unforeseen circumstances.

11. We only provide Shipping Tracking information on request.

12. Poorvika Online may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

13. As of now, Poorvika Online Ltd. doesn't deliver items internationally.


XIII. Shipping Address:

(1) Please note that If Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide an alternate shipping address.

(2) When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from your alternative address.

(3) We will consider it as acceptance of delivery by you if the logistics service provider confirms successful delivery to your alternative shipping address and we need you to remember that Poorvika Online will have no more liability in this regard.


XIV. Multiple Product Orders:

(1) If You order multiple products in one transaction, Poorvika Online will do everything possible to ship all your products together. However, since it is not always possible due to some product characteristics or logistics issues, You may receive the products separately and at different times.

(2) If You purchase multiple products in a single transaction, then we will dispatch all the products to a single shipping address given by You.

(3) If You wish to ship products to different addresses, then You should book the orders separately based on the shipping address.


XV. Refusal of Delivery:

(1) We need you to ensure that the product's packaging is not damaged or tampered before you accept delivery of any product. If You observe that the package is damaged or tampered, You may refuse to accept delivery and inform Poorvika Online customer care at the time of delivery.

(2) We hope you ensure that you also check the product condition after checking the package condition, before installing any SIM card or before enabling any wifi service. Hence, If you find any problem/defect in the product, please do not insert a SIM card & do not enable Wifi Service.

(3) You may be required to fill the delivery sheet / acknowledgement used by the logistics service providers and note down the condition of the delivered package. Please understand that We do not accept any Damaged or tampered product claims beyond the Replacement policy.

(4) Therefore, we will gladly terminate the contract and refund you the sums you have paid for the undelivered product(s) if you willfully refuse to receive the product during delivery. However, as mentioned herein above clause, we may deduct the costs of returning the product(s) from that refund (or charge you with, if you have not made the payment)


XVI. INSTALLATION POLICIES

We hope you understand that If you unbox the product/packaging by yourself for all the products where installation is provided by the manufacturer, the warranty of the product may be considered void. So, please note that it is your responsibility to not unbox the product/packaging by yourself without prejudicing the Poorvika Online’s Replacement Policy.

This means that Poorvika Online will not be responsible for your negligence.


XVII. CANCELLATION POLICY

Cancellation of orders is based on the delivery type that you select.

1. You can cancel the order within 24hrs of placing the order, except when you select the 2hrs Delivery option/same day delivery option/Next day delivery option.

2. You can cancel the order after Delivery only if they find the product in a damaged condition.

3. You are not eligible to cancel the Order Once the product is shipped, regardless of the time.


Bulk Orders

In case of Bulk Order, please note that Poorvika Online reserves the right to cancel bulk orders placed on the website. So, if you don't want such cancellations to happen for bulk orders, please contact Poorvika's 24*7 customer Care or E-mail to [email protected] before you place such orders.

Coupons or Discounts - Terms and Conditions

1. Coupons or Discounts are subject to availability, bound by the coupon redemption conditions.

2. You can only use one Coupon or Discount per order, Unless the Coupons or Discounts says otherwise.

3. You cannot transfer Coupons or Discounts, or redeem them for Cash, or try to combine them with any other coupons, or any other offer, or discounts, or promotions offered by Poorvika.

4. Hence, Coupons or Discounts are non-transferable. Taxes, shipping, handling, and other fees are extra, vary and you will not be able to discount them.

5. If you return any of the items purchased with Coupons or Discounts, we will subtract the value of coupon or discount from the purchase price paid. And if you return a single product from a multi-buy Coupons or Discounts, our refund will mean that you've effectively paid full price for the products you keep.

6. If you use the Coupons or Discounts and subsequently cancel or return the order, the Coupons or Discounts will no longer be valid, and the respective value may not be reapplied to another order.

7. We may change or withdraw Coupons or Discounts, Pricing, specifications, availability, and terms of offer at any time without notice. All orders are subject to approval, and only binding when accepted by Poorvika Online.

8. Poorvika Online is not responsible for typographical, pricing or other errors, omissions, or consequences of misuse of the site and its functions.

9. Each Coupon or Discount is valid for a limited time only and expires on the date specified in the Coupons or Discounts.

10. Poorvika shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon or Discounts.


XVIII. FORCE MAJEURE AND FAULT OF THIRD PARTIES

(1) We hope you understand that Poorvika Online will perform obligations by law, but in some cases, Poorvika Online will not be liable for performance breach or obligation changes arising from:

a) Natural disasters, Epidemic, Pandemic, strikes, riots, wars, act of government, judicial or administrative orders, and other force majeure factors;

b) Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, government control and any other network, technology, communication, information or/ and security issues.


XIX. WARRANTY

(1) We would like to inform you that any product warranties sold through Poorvika Online are provided solely by the manufacturer of that product.

(2) We hope you know that neither Poorvika Online nor Poorvika Mobiles Pvt. Ltd. will be liable for any indirect, incidental, or consequential damages arising from your use of any product purchased through Poorvika Online, to the fullest extent permitted by applicable law.


ACCIDENTAL DAMAGE AND LIQUID DAMAGE PROTECTION (ADLD)

1. Only one claim in a year - for android and apple devices (its a comprehensive policy that covers the entire phone/Tablet against accidental and liquid damage)

2. Only above 18 years are eligible to avail of the policy.

3. Claim to be filed/intimated within 48 hrs. of the accident and customers will have up to 7 days to upload all the documents.

4. On boarding of the customer also must happen at the time of billing.

5. In case the customer gets DOA within 48 hrs. he needs to update the IMEI change via Customer care support.

6. This policy is transferable only to first blood relationship (i.e., yourself, father, mother, spouse, and kids) where you can establish as per the govt id proof (Aadhar, Driving license, Passport, and birth certificate)

7. In case of activation under corporate need to have the deceleration on the company letterhead with the user’s government id proof required or the admin of the corporate must share mail from the official id.

8. 5% Excess of the sum insured needs to be borne by the customer at the time of claim for both service and BER cases.

9. Exclusions

10. Any Damage/Loss caused by any deliberate act or negligence shall not be covered. Loss or damage caused by incorrect storage, poor maintenance, willful negligence, incorrect installation, incorrect set-up, unless the Authorized Service Center representative would confirm otherwise with due substantiation.

11. Damage/Loss to the device due to mysterious circumstances, disappearance, or unexplained reason is not covered.

12. Mobile Accessories, minor scratches, dents, etc. are not covered.

XX. LIMITATION OF LIABILITY AND DISCLAIMER

(1) We hope you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability, to the fullest extent permitted by law. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other.

(2) Please note that this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss, to the fullest extent provided by applicable law.

(3) We need you to remember, that this limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You understand you agree we are not liable for problems caused for you or a third party, by any act of nature, or by any criminal activity by someone unrelated to us.


XXI. INDEMNIFICATION

(1) You also defend, indemnify, and hold Poorvika Mobiles Private Limited and Poorvika Online and our CEO’s, Managers, Executives, Staffs, etc. including our properties, harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the website or any breach by you of these Terms and Conditions.

(2) You understand we reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. Hence, in any case, you understand you agree to cooperate with us, if and as requested by us in the defense and settlement of such matters.


XXII. GOVERNING LAW AND JURISDICTION

These terms and any other terms and conditions shall be governed by the laws of India and any disputes shall be subject to the exclusive jurisdiction of courts at Chennai.