The following Terms of Use govern your access and use of this Web Site. Also, specific
terms and conditions may apply to specific content, data, materials, or information
contained on or available through this Web Site (the "Content") and to specific
content, data, materials, or information you may upload, submit and/or publish to
the Web Site (“User Content”) or transactions concluded through this Web Site. Such
specific terms may be in addition to these Terms of Use or, where and then only
to the extent expressly specified, may supersede these Terms of Use.
Disclaimer Of Warranties And Liability
All the materials and products (including but not limited to software) and services,
included on or otherwise made available to you through this Philips eStore are provided
by Savex “as is” and “as available” basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to the
foregoing paragraph, Savex does not warrant that:
• This website will be constantly available, or available at all; Savex 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. Savex 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 of any kind.
• Operation and Use of this site shall be subject to statutory Central and State Laws
of India.
While availing any of the payment method/s offered by Philips eStore, Savex is not
responsible or takes no liability of whatsoever nature in respect of any loss or
damage arising directly or indirectly to you out of the decline due to:
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.
This Philips eStore and all transactions herein are managed by Savex Technologies Pvt Ltd.
Savex shall solely be responsible for fulfillment of all the orders placed through
the sPhilips eStore including but not limited to invoicing, receipt of payment and
delivery of the products to the customers. In no event shall Philips, its affiliates,
directors, officers, agents, consultants or employees (“Representatives”) be liable
for any purchases made through the Philips eStore. Customer hereby to the fullest
extent permissible waives any and all claims that it may have against Philips and
its Representatives arising as a result of or in relation to the Philips eStore
or purchases made through the Philips eStore including inter-alia claims relating
to payment and delivery of the products.
Your Account
You agree that any use on the Philips eStore is at your own risk and that neither
Philips nor Savex are responsible for it. 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. Products sold on Philips 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
Philips eStore is controlled and operated by Savex. All material and content on
Philips 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 Philips.. Material on Philips 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 this material shall constitute a violation
of Copyright, trademark and other proprietary rights and is strictly prohibited.
Credit Card Details
Your providing the credit card details for purchase of the product constitute a
valid consent for sharing your credit card details.
Credit card information collected for the purpose of payment of Product(s) purchased
at Philips eStore will be stored securely using a 128 bit Secure Socket Layer (“SSL”)
technology.
Credit card information will be masked on your account and will not be visible to
Philips eStore Customer Service operators.
You agree, understand and confirm that the credit card details provided by you for
availing of services on Philips eStore will be correct and accurate and you shall
not use the credit card 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 information.
You further agree and undertake to provide the correct and valid credit card details
on Philips eStore.
Further the said information will not be utilized and shared by Savex with any third
parties unless required for fraud verifications or by law, regulation or court order.
Savex shall not be liable for any credit card fraud. The liability for use of a
card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively
yours.
Typographical Errors
Order once placed shallnot be cancelled. Savex will not accept any cancellations
against orders paid for using online mode of payment (credit/debit card and netbanking).
Savex reserves the right to accept or cancel orders for any reason. The customer
agrees not to dispute the decision made by Savex and accept Savex’s decision regarding
the cancellation. Savex also reserves the right to cancel your order in case of:
• Problems identified by our credit and fraud avoidance department.
• Inaccuracies or errors in Product or pricing information.
• Limitations on quantities available for purchase.
• Any other reasons beyond reasonable control of Savex.
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 has been charged, the said amount will be returned back in
your Credit Card Account.
Order Fulfillment
Orders received on PhilipsPhilips eStore will be fulfilled by the distributor of
Philips – Savex Technologies Pvt Ltd. The product invoice for the purchase will be
issued by Savex after fulfilling the order. All such orders placed on this site
will be valid for Philips product warranty in India, as applicable. The orders will
be shipped to address entered in the shipping address field at the time of placing
the order. Savex will not be responsible for any delay caused out of incorrect 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 and stock availability. Savex 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. Savex Computers 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 sPhilips
eStore customer care within 24 hours of receipt of the product.
DOA Policy
In case of any product received in a non-functioning state, that is “Dead on Arrival”,
the customer is advised to contact the Philips Products helpdesk or any Authorized
Service Centre at the following contact details:
Website:http://www.philips.co.in/c-m/consumer-support
Phone: Toll free: 1800 102 2929 (Toll-free)
Paid: 1860 180 1111 (Standard call rate)
Timings:Monday to Saturday 09:00-21:00
Sunday 09:00-18:00
For units installed beyond the municipal limits of the jurisdiction of the company's
Authorised Service Centre, it is responsibility of the customer to contact the nearest
authorised service centre and bring the unit to the authorised service centre at
purchaser's cost and risk.
Customer Communication
Philips 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 Philips eStore for this purpose. Philips eStore will not use your
personal information to initiate any promotional phone calls or SMS'es.
Please note Philips Store will not be able to contact the customer on his mobile
number in case customer’s mobile number is part of DNC (Do Not Call) list as generated
by TRAI (Telecom Regulatory Authority of India). In this case we request customers
to call us on our call center number 0-(120)-497-0911
When you use the Site or send emails to Philips eStore, you are communicating with
Philips eStore electronically. You consent to receive communications from Philips
eStore electronically.
From time to time, Philips eStore will also send you marketing material. If you
do not wish to receive such material, you may unsubscribe from our mailing list
at any time by using the unsubscribe function in the electronic marketing communication
or by contacting Customer Care.
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
Philips 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 T & C 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 Philips and/or Savex 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 Philips, Savex their parent company, subsidiaries, affiliates,
associate companies, accountants, advisors, agents, consultants, contractors, partners
and/ or suppliers 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 the Company.
Indemnity
User shall at all times fully indemnify and hold harmless Philips, Savex 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 Gurgaon.
Force Majeure
Philips and Savex 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 there
of 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 Philips and/or Savex , 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 perform
the obligations under the Agreement, or any other cause or circumstances beyond
the control of Philips and/or Savex hereto which prevents timely fulfilment of obligation
of Philips and/or Savex.
Privacy
Use of the Site is governed by our Privacy Policy, which can be located at http://www.india.philips.com/privacypolicy