TERMS AND CONDITIONS

1. Introduction.

This website is operated by :

Bombay Electric
1 Reay House, BEST Marg
Colaba, Mumbai 400 001
Tel +91 22 2287 6296

Access to and use of this website (“Website”) and the products and services available through this Website (“Products” and “Services”) are subject to the following terms, conditions and notices, as may be amended or updated by us, without notice, from time to time ("Terms and Conditions"). When you use this Website or buy via this Website you are agreeing to all of these Terms and Conditions. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend all or parts of it without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of this Website.

2. Privacy Policy.

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate and complete.

3. Your Conduct.

You must not use this Website in any way that causes, or may cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our Website, are responsible for all electronic communications and content sent from your computer to us and you must use this Website for lawful purposes only.

You must not use this Website for any of the following:

for fraudulent purposes, or in connection with any criminal offence or other unlawful, malicious or immoral activity; or
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam."

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it (“Linked Sites”).

4. Intellectual Property, Software and Content.

All content included on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bombay Electric, its affiliates or its content suppliers and is protected by international trademark, copyright, authors´ rights, database rights and other laws, rules and regulations. The compilation of content on this Website, including the Website’s “look and feel,” is the exclusive property of Bombay Electric and its affiliates and is protected by Indian and international copyright, trademark and database right laws. All software used on this Website is the property of Bombay Electric, our affiliates or our software suppliers and is protected by international copyright and authors’ rights laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without Bombay Electric’s express written consent. In particular, without limitation, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Bombay Electric’s Limited's express written consent. You also may not create and/or publish your own database that features substantial parts (e.g., our prices and product listings) of this website without Bombay Electric’s express written consent.

5. Terms of Sale.

By placing an order, you are offering to purchase a Product or a Service on and subject to the following terms of sale. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and there are no guarantees as to delivery times.
In order to purchase Products and/or the Services you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right, in our sole discretion, to refuse any request made by you. If your order is accepted, we will inform you by e-mail and we will confirm the identity of the party with which you have contracted. This will usually be Bombay Electric but may, in some cases, be a third party. Where a contract is made with a third party, Bombay Electric is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true, accurate and complete, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of Products and Services may fluctuate. All prices advertised are subject to changes at any time.

(a) Our Contract.
When you place an order to be fulfilled by Bombay Electric, you will receive an acknowledgement e-mail confirming receipt of your order: this e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Products you have ordered have been dispatched to you. Only those Products and/or Services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability.
Whilst we try to ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any Product or Service that you have ordered from Bombay Electric, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Product or Service, you will receive a full refund. All prices are inclusive of Indian VAT. For shipments outside of India, you will be solely responsible for calculating and paying any and all taxes, customs duties, fees, etc. imposed by the destination country in relation to the Product(s) or Services. Delivery costs will be charged in addition; such additional charges are displayed where applicable and included in the total cost.
(c) Payment.
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched, and Services will not be performed, until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
(d) Order Cancellations.
You have the right to cancel your order for any (i) Product purchased from Bombay Electric before it is shipped or (ii) any Service before commencement of performance. Please contact our customer service department at customerservice@bombayelectric.in
(e) Return or Exchange of Products Purchased from Bombay Electric.
If you are not completely satisfied with your purchase from Bombay Electric, simply return the Product(s) to us in their original condition within 14 days of receipt. We will issue a full refund (excluding original delivery charge) on receipt of the Product in such condition, or exchange the Product for a different size/colour if preferred. Please note:
- the Product, and its condition, are your responsibility until the Product reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods; and
- the cost and method of returning the Product to us is your sole responsibility.

6. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties whatsoever as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by applicable law, Bombay Electric and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including, without limitation, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. Bombay Electric shall have no liability or responsibility whatsoever in connection with any third-party contract, statement, representation or action as contemplated by Section 5 (Terms of Sale) above.

7. Linking to this Website.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission at any time without notice.

8. Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyrights.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Bombay Electric and you should not rely on the existence of such a connection or affiliation. All of the trademarks/names featured on this Website are owned by their respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify Products and/or Services and is in no way an assertion that such Products or Services are endorsed by or connected to Bombay Electric.

9. Indemnity.

You agree to indemnify, defend and hold harmless Bombay Electric, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees and expenses) arising from your use of this Website or your breach of these Terms and Conditions.

10. Variation.

Bombay Electric shall have the right in its absolute discretion, at any time and without notice, to amend, change, remove or vary the Services, the Products, these Terms and Conditions and/or any page of this Website, as the case may be.

11. Invalidity.

If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms and Conditions will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

12. Complaints.

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

13. Ethical Sourcing Policy

As a reputable and trusted business desirous of offering its customers high quality products, Bombay Electric expects its suppliers to operate ethically, including by consistently providing an environment that protects their employees' health and safety and basic human rights.

14. Waiver.

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in that or any other situation where you breach these Terms and Conditions. Waivers of any Term or Condition may only be made in a writing provided by Bombay Electric.

15. Governing Law and Jurisdiction.

These Terms and Conditions shall be construed in accordance with the internal laws of India and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction and venue of the Indian courts.

16. Force Majeure.

If Bombay Electric is prevented or delayed (directly or indirectly) from making delivery of a Product or any portion thereof, or from otherwise performing this or any part of the Services by reason of, act(s) of God, war, terrorism, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, government action, delay in delivery to Bombay Electric of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) outside Bombay Electric’s control (“force majeure”), Bombay Electric shall not be under any liability or responsibility whatsoever.

17. Entire Agreement; Amendments only in Writing

These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Bombay Electric; they may only be amended in a writing provided by Bombay Electric.