Terms and Conditions

This Agreement was last modified on 18 February 2016.

Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 (‘the act’) and published in accordance the act and the rules that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Gabbardeals.com website (referred to as “website”)

Your use of the website and services and tools are governed by the following terms and conditions (“Terms of Use”). By use of the website, you shall be contracting with PNR Commerce Services Pvt Ltd, the owner of the website. These terms and conditions including the policies constitute Your binding obligations, with us.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Website by providing data while registering on the website as Registered User. The term “website”, “We”, “Us”, “Our”, “Gabbardeals” shall mean PNR Commerce Services Pvt Ltd and its affiliates.

When You use any of the services provided by Us through the website, including but not limited to, (e.g. Product Reviews, Store Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by our Policies including but not limited to Privacy Policy as amended from time to time.

  1. User Account:

If You use the website, You are responsible for maintaining the confidentiality of your account, Password and access to your computer to prevent unauthorised access to your account and You shall be responsible for all activities that occur under your account or Password. Gabbardeals reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

 Please ensure that the details you provide us with are correct and complete  and You agree to immediately notify Gabbardeals.com of any unauthorized use / breach of your password or account.

  1. Website for Transaction and Communication:

 

You agree, understand and acknowledge that the website that enables you to purchase products listed on the website at the price indicated therein. You further agree and acknowledge that the contract of sale of products on the website shall be a strictly bipartite contract between you and the franchise store. The Contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

Gabbardeals is only a facilitator and is not and cannot be a party to the contract or control in any manner any transactions on the website.

Gabbardeals does not make any representation or Warranty with respect to quality, value, saleability, etc of the products or services proposed to be sold or offered to be sold or purchased on the website.

Gabbardeals is not responsible for any non-performance or breach of any contract entered into between you and franchise store. We do not hold any right, title or interest over the products nor shall we have any obligations or liabilities in respect of such contract entered into between Buyers and franchise store. We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered or likes.

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information may be incorrectly reflected and in such an event we may cancel such your order(s). You release and indemnify Gabbardeals and/or any of its affiliate and representatives from any cost, damage, liability or other consequence of any of your actions

We will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed due to the nature of the Internet. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, upgradation, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

  1. Your Conduct and rules for use of the website

You agree that Your use of the Website shall be strictly governed by the following rules:

You shall not use website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or menacing; libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” “junk mail”, “fishing”

 

You may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

  • Users doesn’t reply to the payment verification mail sent by Gabbardeals
  • Users returns the wrong product
  • Users fails to produce adequate documents during the payment details verification
  • Misuse of another Users’s phone/email
  • Users uses invalid address, email and phone no.
  • Overuse of a promotions/voucher code
  • Use of a special voucher not tagged to the email ID used.
  • Users refuses to pay for an order
  • Users involved in the snatch and run of any order
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Gabbardeals
  • User with a very high return rate
  • Repeated request for monetary compensation for fake/used order
  • Doing wholsale of product purchased from the website
  • Gabbardeals may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Gabbardeals:
  • Products ordered are not for self-consumption but for commercial resale
  • Multiple orders placed for same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
  • Any order placed using a technological glitch/loophole.

You shall not use the website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Gabbardeals and interrupt or causes to interrupt, damages the use by other Users of Gabbardeals.

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, 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.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Gabbardeals reserves the right  to remove, refuse, delete or edit any content that in the sole judgement of Gabbardeals violates these Conditions of use and, or terminate your permission to access or use this website.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Gabbardeals and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and Gabbardeals and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Gabbardeals including the execution of deeds and documents, at its request.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Gabbardeals: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Gabbardeals and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.

You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/GST, Income Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

You shall not engage in advertising to, or solicitation of, other Users of the website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the website or related to us.

The Content posted does not necessarily reflect Gabbardeals views. In no event shall Gabbardeals assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website.

  1. Product sale

As a registered franchise store, You must be legally able to sell the item(s) you list for sale on the website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the website. Gabbardeals reserves the right to delete such multiple listings of the same product listed by you in various categories.

We may provide you repairs or buyback services for the products sold on our website.

  1. Services Offered

Gabbardeals enables Users to purchase original merchandise such as Mobile, TV, accessories or any other electronic or electrical product from various Mobile or electronica/electical brands (collectively, “Products”). The Products can be purchased through the website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, DOA policy, return policy, etc. It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and not activated in case of mobile and likes.  If the product returned by the user is used, damaged or if the box is opened, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Gabbardeals assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Gabbardeals assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Gabbardeals does not warrant that Product description or other content on the website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  1. Indemnity:

You shall indemnify and hold harmless Gabbardeals, its owner, licensee, affiliates, subsidiaries, group companies, investors and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  1. Trademark, Copyright and Restriction:

The website is controlled and operated by Gabbardeals. All material on website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Gabbardeals is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Gabbardeals or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any

content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

  1. Limitation of Liability:

In no event shall Gabbardeals be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Gabbardeals shall not be held responsible for non-availability of the Gabbardeals during periodic maintenance operations or any unplanned suspension of access to the Gabbardeals. The User understands and agrees that any material and/or data downloaded at Gabbardeals is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Gabbardeals’s liability shall be limited to an amount equal to the Products purchased value bought by You. Gabbardeals shall not be liable for any dispute or disagreement between Users
  1. Termination:

Gabbardeals may suspend or terminate your use of the Gabbardeals or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Gabbardeals chooses to terminate them.

If You or Gabbardeals terminates your use of the Website or any Service, Gabbardeals may delete any content or other materials relating to your use of the Service and Gabbardeals will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Gabbardeals for purposes of tax or regulatory compliance.

Gabbardeals may unilaterally terminate Your account on any event as mentioned in this document. Any credits earned through loyalty or referral program, Gabbardeals credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Gabbardeals.

If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Gabbardeals by sharing multiple address and phone numbers or transacting with malafide intentions then Gabbardeals reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

  1. Governing Law:

Unless otherwise specified, the material on the website is presented solely for the purpose of sale in India.

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Pune. The place of jurisdiction shall be exclusively in Pune.

  1. Disclaimer:

Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Gabbardeals within 5 days from the alleged date of delivery of product reflecting on the Gabbardeals portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Gabbardeals disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Gabbardeals portal.

All the Products sold on Website are governed by different state laws and if our authorised store is unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, you consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

  1. Children

 

Use of Gabbardeals is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

  1. Losses

 

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

  1. Alteration of Service or Amendements to the Conditions

 

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. Force Major

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

  1. Waiver

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Contact Us

 

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at 7620202020 or contact@gabbardeals.com