This document constitutes a binding Agreement/ Contract between you and us, i.e., the Seller. The terms and conditions contained herein govern the sale of products by us on the website and set out the terms of use of the website.
Please read this Agreement careful. By your registration, login, usage of the Services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement.
1. Eligibility of Users/ Buyers
To be entitled to access, use, and utilize the services of the website and place orders, you must be: –
a. at least 18 years of age or above, of sound mind and solvent and otherwise competent to contract as per the provisions of the law governing this Agreement; and
b. in the case of legal persons who have duly been incorporated/ registered as per the provisions of relevant laws in force, you are a person / official who is duly authorized to represent and bind such legal persons.
By using the Service, you represent and warrant that you meet the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are entering into a legally enforceable contract.
2. Order and Cancellation
a. All Orders placed by you are nothing but an offer to buy such products and a mere placing of such Order does not constitute a binding agreement to supply the product, unless accepted by us.
b. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, either at the outset or even after we send you a confirmation email with your order number and details of the items you have ordered. In the event of cancellation at our instance, the amount, if any, paid by you will be refunded to you in the same account from which the payment was received.
c. You may cancel your order only with our prior written consent, which we may withhold in our sole discretion. All cancelations will be subject to payment of reasonable and proper cancelation charges by you to us.
d. End-Users Only/Resale Prohibited: This Site is intended only for sales to end-user customers who may use the Quark products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a Quark product without the authorization of Quark is an infringement of Quark’s intellectual property rights. By submitting an order on Quark, you agree that you are not purchasing Quark’s products for resale. Should you require any assistance, please contact orders@quarkwheel.com
3. Price and Payment Terms
a. The price charged for a product or service will be the price advertised on the website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable.
b. Posted prices do not include taxes, duties and/ or charges for shipping and handling. All such taxes, duties and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.
c. Payment of the entire purchase price along with applicable charges, taxes, duties, charges for shipping and handling etc. must be received by us before our acceptance of an order.
d. All prices, discounts, and promotions posted on this website are subject to change without notice.
e. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
f. You understand and agree that our Services are based on technical support from other third parties. You understand and consent that we may provide some of your sensitive personal information to such third parties in the course of receiving technical or any other support from them. While Quark shall take best efforts to ensure protection of information as more particularly outlined in the Privacy Policy, Quark shall not bear any risks and legal responsibility when for the third party’s services. Quark shall not be held liable for any negligent conduct or behaviour of any third party in relation to the use of the Site or the Services.
4. Shipment and Delivery
a. We will arrange for shipment of the products to you. You will be liable to bear and will pay all shipping and handling charges in advance, unless otherwise specified in the order confirmation.
b. We will display on our website, a list of countries to which we provide shipping routinely. In so far as such countries are concerned, we will charge standard rates of shipping determined by us in connection with our partners. You are required to pay these charges in advance and along with the purchase price of the product. Additionally, we will also take responsibility for clearing the products at the time of export.
c. For such of those countries that are not included in the list of countries displayed on the website (“Unlisted Countries”), we will liaise with shipping partners and obtain a quotation. Upon receiving your confirmation and payment of the price quoted along with the purchase price of the product, we will proceed to process the order. In the event the quotation furnished by us is not acceptable to you, the order would stand cancelled. It is clarified that in cases of shipment to such Unlisted Countries, you are responsible for clearing the products at the time of export.
d. Title and risk of loss passes to you upon our transfer of the products to the carrier. Shipping and delivery dates, indicated to you in the shopping cart or the order confirmation page or confirmation email are merely indicative, estimates only and cannot be guaranteed. We are not liable for any delays in shipments, and you hereby expressly agree that time is not of essence to this Agreement. Should you require any assistance, please contact orders@quarkwheel.com
5. Returns and Refunds
a. Products can only be eligible for returns if the products received by the customer have been received in a damaged / defective state or an incorrect product has been delivered. Such products can only be returned in their original packaging, in an unused and sealed condition. Used products will not be accepted as returns.
b. You are required to report the defect within 10 days of receipt of the product by writing to us on cs@quarkwheel.com. You are required to furnish proof of damaged, defective or incorrect goods by sending a photograph of the product as received by you, which photograph must clearly indicate a timestamp denoting the date and time of such photograph. Customers should not return the product before receiving a confirmation mail from Quark about the same. Upon receiving a request for return disclosing the requisite details stated above and if a request for return is accepted, our technical support team will contact you for further assistance. The product must be returned in its original, unaltered and unused condition. Collection charges to be borne by you. We will replace the product (subject to the availability of the product) or refund the invoiced rupee value of the product.
c. Return will not be accepted if the product is:
i. Misused/ overused; or
ii. Returned without original packaging including:
For Quark S+ (Wheel with 2 splash pans, 2 Bats, User Manual, Packaging Foam, Box or if the original packaging is damaged);
For Quark LIT (Wheel with 2 splash pans, 2 Bats, Battery, connecting wire, Smart charger, User Manual, Packaging Foam, Box or if the original packaging is damaged);
For Quark PEDAL (Pedal, User Manual, Packaging Foam, Box or if the original packaging is damaged); or
iii. used or altered; or
iv. If request is initiated after 10 days of delivery of the product.
d. Replacement goods or refund, as applicable, will be initiated upon our receipt of the defective or non-conforming product from you.
e. Refund will be processed to the same account from which the payment was made within 24-48 business hours of receipt of the defective, damaged or incorrect product. It may take 7-10 additional business days for the amount to reflect in your account. Should you require any assistance, please contact orders@quarkwheel.com
6. Warranties
a. This product is covered under warranty against any manufacturing defect or workmanship for a period of 5 years from the date of purchase. Should a defect develop during the warranty period, Quark undertakes to repair and/ or replace any defective parts and correct any problems resulting therefrom, FREE OF CHARGE.
b. This warranty shall be rendered null and void if:
• The product is physically damaged; or
• The product is modified, maintained, or repaired by a party not authorised by Quark wheel; or
• The product is installed, maintained, and operated in ways other than as recommended by Quark wheel; or
• The product is faulty or damaged due to improper installation or connections, electrical faults external to the product; or
• misuse, or unauthorised modification of the product.; or
• Malfunctions or damage resulting from insects, natural calamities, fire and/or accidents; or
• The model number, serial number, warranty stickers or warranty seal have been removed or tampered with; or
• In case any spare part or any other part is used in the functioning of the appliance which does not comply with the safety parameters approved by Quark wheel.
c. Warranty limitations: The warranty is not transferable from one user/customer to another.
d. Claim:
• The claim must be made by writing an email to us at cs@quarkwheel.com. The company will register your service request and retain a computer record of your service request. To make a warranty claim, you must provide proof of purchase.
• The claim must be made within the warranty period.
• While the company will make every effort to carry out the necessary repairs at the earliest opportunity, the company is under no obligation to do so within a stipulated time.
• In case of repairs or replacement of any part(s) of the product, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty.
• Replacement of parts would be purely at the discretion of the company alone. If the entire product is being replaced (subject to the sole discretion of the company), the same model will be replaced, and in the event such model has been discontinued, it shall be replaced with the model of equivalent price at the time of purchase.
• Replacement criteria from warranty terms do not stand if “no problem found” type diagnosis is made and perceived intermittent errors that cannot be reproduced are noticed.
e. This warranty will be terminated automatically after a period of 60 months from the date of purchase even if the product was not in use for any time during the warranty period for any reason. Should you require any assistance, please contact warranty@quarkwheel.com
7. Limitation of liability
a. We are not liable, in any event, to you or third persons for any indirect, special, incidental, consequential, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value damages arising from, or directly or indirectly related to the breach of these terms and conditions, including any action in contract and/ or tort and/ or negligence.
b. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products you have ordered through the website.
8. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, pandemic outbreak, epidemic outbreak, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, lock-outs, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.
10. Waiver
The failure by us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Quark.
11. Terms of Use of the Website
a. You are granted a limited permission to access and make personal use of this website and not to download or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
b. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
c. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
d. Users/ Buyers may post reviews, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us in the event of an loss/ damage/ claims arising due to any breach on your part.
e. We have attempted to keep the description and pictorial depiction of the products on the website as accurate as possible. We do not warrant that the product description or the contents of the website are accurate, complete, reliable or error free. The sale of products, under the terms of this Agreement, cannot be construed as sale by description and we do not warrant that the product(s) sold will be identical to the pictorial depiction on the website.
f. This website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. We do not warrant that this website, its servers, or e-mails are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
g. To the maximum extent permitted by applicable law, we assume no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our website by any third party.
h. In accordance with the Information Technology Act, 2000 and the rules framed thereunder the Grievance Officer, Vasudev R can be contacted at vasudev@quarkwheel.com.
12. Governing Law & Arbitration
a. This Agreement shall be governed by the laws of India.
b. Any disputes or differences that may arise between the Parties herein or their successors or assigns thereof regarding this Agreement, shall be referred for resolution through arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (or any amendment thereof) by a sole arbitrator mutually appointed by both Parties.
c. The venue and seat of arbitration shall be at Chennai and the language of arbitration shall be English.
d. The decision or award by the arbitrator shall be final and binding on the Parties.
13. Jurisdiction
This Agreement has been negotiated and executed in Chennai, India. This Agreement shall be deemed to have been made at Chennai and it is specifically agreed that Courts at Chennai alone shall have jurisdiction in respect of all matters arising out of, or connected with, this Agreement.
14. Notices
a. We may provide any notice to you under these Terms by (i) sending an email to the email address you provide; or (ii) by posting on the website. Notice sent by e-mail will be effective when we send the email and notice provided by posting will be effective from when it is displayed on the website. It is your responsibility to provide a correct email address and to ensure that such address is properly functional at all points of time. It is also your responsibility to ensure that you check the website from time to time.
b. To give us notice under these Terms, you must send an email to support@quarkwheel.com and also dispatch a copy of the letter by post/ airmail/ courier to Plot 78/79, Injampakkam Village, Injampakkam, Chennai 600 115. Notice by email is deemed to have been delivered only upon submission of intimation of delivery by you. Notices are deemed to have been delivered physically only when the same has been duly collected by the authorized representative of Quark.
15. Severability
If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. Amendments/ Modifications
We have the right to make amendments/ modifications to the terms and conditions from time to time, at our sole discretion. We will update such amendments/ modifications on the website and such changes will be in effect as on the “Last Updated Date” referenced on the website. It is your duty to review these terms prior to placing an order and/ or purchasing any product. Your continued use of the website after the “Last Updated Site” will constitute your acceptance of and agreement to such changes.
17. Entire Agreement
This Agreement along with other policies uploaded on the website, if any, contains the entire agreement between you and us.
