Terms & Conditions
Terms and Conditions
Finolex Cables Limited (“FCL”/“We” / “Us”), provides you (“You” / “Your”) this eStore services subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any FCL eStore service, you may be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. FCL reserves the right without having to give any prior notice to change the services provided through FCL eStore and/or these terms and conditions at any time. FCL retains the right to deny access to anyone who they have reason to believe has violated any terms of this Agreement. If you are under 18, you may use FCL eStore only with involvement of a parent or guardian. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR CONSENT AND AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.
Disclaimer Of Warranties And Liability
- FCL does not warrant that:
- This website will be constantly available, or available at all; FCL shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website. FCL does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or any electronic communication sent are free of viruses or other harmful components.
- Nothing on this website constitutes, or is meant to constitute, advice or inducement of any kind.
- Operation and Use of this site shall be subject to applicable statutory Central and State Laws of India.
While availing any of the payment method/s offered by FCL eStore, FCL is not responsible and takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you or to any other person claiming through you, out of the decline due to:
Disclaimer Of Warranties And Liability
- 1. lack of authorization for any transaction/s,
- 2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
- 3. or any payment issues arising out of the transaction,
- 4. or decline of transaction for any other reason/s, whatsoever
You agree that any use on the FCL eStore is at your own risk and that FCL is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or your mobile, and you agree to accept responsibility for all activities that occur under your account or password whether done by you or anyone else to whom the same may have been made available by you or anyone else, whatsoever. Products sold on FCL eStore are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
Trademark, Copyright and Restriction
All material and content on FCL eStore, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by FCL. Material on FCL eStore is solely for your personal, non-commercial use. You are not permitted to make any unauthorized commercial use of this material. Any unauthorized use of any and all such material material shall constitute a violation of Copyright, trademark and other proprietary rights and is strictly prohibited and liable for prosecution.
Trademark, Copyright and Restriction
Your providing the credit card/debit card/net banking details for purchase of the product constitute a valid consent for sharing your credit card/debit card/net banking details.
Credit card/Debit card/Net Banking information collected for the purpose of payment of Product(s) purchased at FCL eStore will be stored securely using a 128 bit Secure Socket Layer (“SSL”) technology.
Credit card/Debit card/Net Banking information will be masked on your account and will not be visible to FCL eStore Customer Service operators.
You agree, understand and confirm that the Credit card/Debit card/Net Banking details provided by you for availing of services on FCL eStore will be correct and accurate and you shall not use Credit card/Debit card/Net Banking which is un-lawfully owned or possessed by you, thus you must not pay or attempt to pay for Product(s) using fraudulent Credit card/Debit card/Net Banking information. You further agree and undertake to provide the correct and valid Credit card/Debit card/Net Banking details on FCL eStore.
Further the said information will not be utilized and shared by FCL with any third parties unless required for fraud verifications or by law, regulation or court order. FCL shall not for any reason, whatsoever, be liable for any Credit card/Debit card/Net Banking fraud. The liability for use of Credit card/Debit card/Net Banking fraudulently will be solely on you and the onus to ‘prove otherwise’ shall be exclusively yours.
FCL reserves the right to accept or cancel orders for any reason. The customer agrees not to dispute the decision made by FCL and accept FCL’s decision regarding the cancellation. FCL also reserves the right to cancel your order in case of:
- Inaccuracies or errors in Product or pricing information.
- Limitations on quantities available for purchase.
- Any other reasons beyond reasonable control of FCL
We may also require additional verifications or information before accepting any order. We 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 your Credit card/Debit card/Net Banking account has been charged, the said amount will be returned back in your Credit card/Debit card/Net Banking Account.
The product invoice for the purchase will be issued by FCL on fulfilling the order. All such orders placed on this site will be valid for shipment to an address and for FCL’s standard product warranty in India only, as applicable. The orders will be shipped to address entered in the shipping address field at the time of placing the order. FCL will not be responsible for any delay caused out of incorrect or incomplete shipping address entered at the time of placing the order.
You can place Orders for any of the Products listed in the website. Acceptance of the Order is subject to both payment, location and stock availability. FCL however reserves its right to refuse to execute any transaction/s with any customer without assigning any reason/s whatsoever.
Product Receipt and Acceptance Confirmation Process
Please ensure that you inspect the shipment as soon as you accept it from the courier. In case of any physical damage to the outer or inner packaging, either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. FCL retains the right to withhold refund/replacement of the damaged product if you fail to put a note about the nature of damage on the courier receipt confirmation slip.
In case of any damage to the actual product, you are required to inform the FCL eStore customer care within 48 hours of receipt of the product failing which no complaints will be entertained.
FCL eStore will communicate with you about your order and the purchased Product through any of the mode using email, SMS and telephone or all of them or any other mode
Account holders must provide a valid email address and contact telephone and/ or mobile number to FCL eStore for this purpose. When you use the Site or send emails to FCL eStore, you are communicating with FCL eStore electronically. You consent to receive communications from FCL eStore electronically.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Amendment of Terms
FCL is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by such amended Terms & Conditions from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and Conditions herein as modified.
Limitation of Liability
In no event shall FCL, their subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the Website, Products and/ or any services hereunder:
- for any amount in the aggregate in excess of the price paid by User; or
- for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or
- for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or
- otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or
- otherwise, even if FCL, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and/or its/their respective officers, agents or directors had been advised of the possibility of damages.
- If User is dissatisfied with any portion of the Website available herein or with any of these Terms & Conditions, User's sole and exclusive remedy is to discontinue using the Website.
Personal, Non-Commercial & Non assignable Use
By registering on the Website, User confirms that use of the Website shall be for his/her personal purpose and not for any commercial purpose. User confirms that User's right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of User Id and Password to access, deal with or transact at the Website shall be sole responsibility of User and User shall be responsible and liable for any misuse of User Id and Password assigned to User by FCL.
User shall at all times fully indemnify and hold harmless FCL, their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed due to and/or arising out of User’s breach of the Terms & Conditions and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.
Governing Law and Jurisdiction
The transactions on this website shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Pune.
FCL shall not be liable for any failure and/or delay on their part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of FCL, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to normally perform the obligations under the Agreement, or any other cause or circumstances beyond the control of FCL, hereto which prevents timely fulfillment of obligation of FCL.