TERMS and CONDITIONS

TERMS & CONDITIONS

Welcome to laptoporiginals.com provided by Laptop Originals (herein after referred as LO). The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of laptoporiginals.com by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You should use the laptoporiginals.com services only if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and laptoporiginals.com.

Applicable Law

This site is created and controlled by Laptop Originals in Delhi, India; as such the laws of India shall apply; courts in Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. LO reserves the right to make changes to the site, terms & conditions and disclaimers.

Definitions:

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time."

"laptoporiginals.com"/ "Site" means the online shopping platform owned and operated by LO, which provides a venue to the users to buy the products listed on laptoporiginals.com.

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on laptoporiginals.com by placing an order for and or purchases any products offered for sale on laptoporiginals.com.

“User” means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the LO, through ‘laptoporiginals.com' by placing an order on the Site.

“Product/s” connotes the goods, services promoted / displayed on the Site and offered for any use / sale.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

LO reserves the right to accept or reject your offer. Products/services and information displayed on laptoporiginal.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. The agreement between you and the Laptoporigianls.com shall be subject to the following terms and conditions:-

- LO reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by LO the same shall be credited to your account and duly notified to you by email.

- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of LO you agree to be bound by the Terms and Conditions.

- All prices, unless indicated otherwise are in Indian Rupees.
- All prices and availability of products are subject to change without prior notice at the sole discretion of LO.
- LO reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by LO the same shall be credited to your account and duly notified to you by email.
- The User agreed to pay LO in full amount for his order including shipping, handling and tax if applicable. Otherwise, the items purchased remain as the property of LO. The User is responsible for any legal expense toward collecting debts. 
- The User agrees that s/he will pay for shipping any item(s) back to LO for warranty defective products or refund purposes unless it is a result of LO mistake that does NOT include errors made by shipping companies.
- LO does not guarantee that products sold are defect free or 100% compatible to each other or with existing parts. Customer must ensure compatibility or seek support from LO
- LO is not responsible for any shipping company’s error during transit or the resulting damage or loss of value, time, profit or money.
- The User agrees to the warranty against manufacturing defects only. 
- Goods once sold will not be taken back unless prior written consent of LO is given.
- The User shall check the equipment/material ordered at the time of delivery. No claims shall be entertained by LO on any grounds what so ever thereafter. 
- In case of inability to repair or replace the defective material within 15 days due to non-availability credit note will be issued for which the prevailing prices of the product with 3% depreciation for every month will be taken into account.
- In a credit card transaction, you must use your own credit card. LO will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To pay the order we or our authorized partner may ask you to provide credit card number, expiration date, billing information or any other information that may enhance security of transaction and prevent frauds. Without your permission we will not store any credit card information in our database.

Delivery of Order :
Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within the specified time period. However, there might be delays due to unforeseeable reasons. Under such circumstances, LO shall not be held responsible. We will also not be responsible for delivery at wrong address(es) if the address specified at the time of ordering is incorrect. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by LO for redelivery shall be claimed from the User placing the order.

Cheque payment :
Cheque payment facility is only available in India. The payment realization might take some time depending on when we receive it and when the bank gets it credited to our account. The information we collect are secure with us and are used for the verification purpose of the cheque and to ensure secure account credit. Any charge associated with the outstation cheque will be borne by the customer. Please ensure that you have sufficient balance to avoid any check bounce. Penalty for cheque bounce Rs.300/- and 18% per annual interest will be payable on bounced cheque amount from the date of bounce to the date of realization.

Resale of Service :
You hereby acknowledge that you will not reproduce, sell, resell, duplicate, copy any part of the service, content or workflows. You shall also not access or use the service provided by us for any commercial purpose without prior consent of LO in the form of an agreement or MoU.

Communicate via Email, Mobile or SMO platforms :
LO intends to send you updates and promotional offers via email, Mobile and SMO platforms. You are not required to be subscribed to all such lists and you may opt-out of this list at any time.

Offline Conduct :
LO may not be monitoring the conduct of users off the Site and it is a breach of this Agreement to use any information obtained from this Site in order to harass, abuse, or injure another person, or in order to contact, advertise, solicit or sell to any Site user without LO’s prior explicit consent.

Breach :
Without limiting any other remedies that LO may have available at law or in equity, and in confirming that you have breached any provisions of this Agreement, LO may, without notice, cancel any pending transactions you may have with LO and restrict or deny your access to the Site and services.

Intellectual Property :
All text, graphics, audio, design and other works on the Site are the copyrighted works of LO unless otherwise indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in the Site for any commercial purpose is a violation of the copyright of LO and/or its affiliates or associates or of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from LO. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

Modification of Terms :
LO reserve the rights to modify or amend these Terms of Service for any reason. Such modification or amendments will be effective immediately upon giving you notice by following means, including but not limited to, posting on our website/ email. You agree that LO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.

Termination :
You agree that LO, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, but not limited to : 
(i) violation of these Terms of Service,
(ii) violation of any applicable law, 
(iii) required by governing authority or 
(iv) lack of use.
LO may also in its sole discretion and at any time move, change or suspend any part of service, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that LO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that LO shall not be liable to you or any third-party for any termination of your access to the Site.

Governing Law :
All legal proceedings shall be subject to the jurisdiction of the courts in Delhi, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Delhi, India.

Indemnity :
You agree to indemnify LO and its affiliates, including its directors, employees, service providers, content providers, suppliers against any losses, claims or demand including legal fees, resulting from any violation of these Terms & condition along with privacy policy, or any wrongful activity related to your account by you or any other person using your account.

Dealings with Advertisers :
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that LO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Representations and Warranties :
LO agrees that to the best of its ability all service will be provided with reasonable skill and care, and will be of satisfactory quality. The service is provided on an 'AS IS' and 'AS AVAILABLE' basis. Use of service is at your own risk. LO or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. LO and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Disclaimer :
LO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND LO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LO FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, LO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. LO MAKES NO WARRANTY THAT 
(i) THE INFORMATION WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, 
(iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND 
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 
ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 
LO is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall LO be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. LO may change the format or content of the website, or any product or service offered by the website. LO for any reason with or without notice may terminate or suspend the operation of this website or any service provided by this website. LO might not take back-ups of the materials or images you upload in your album. It is not responsible for any loss, corruption or deletion of your materials or images; it is advisable for you to keep backups of all the content that you upload to your album.

Limitation of Liability :
NEITHER LO NOR ITS AFFILIATES, EMPLOYEES, AGENTS, SHARE HOLDERS OR CONSULTANTS SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF LO OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON LO INFORMATION, FROM INABILITY TO USE LO INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF LO OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THE USER EXPRESSLY AGREES THAT THE USE OF SERVICE(S) LO SHOPPING IS AT THE USER'S SOLE RISK. THE SERVICE(S) OF LO SHOPPING IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LO ITS AFFILIATES, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTED COMPANIES MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICE IT IS PROVIDING OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SERVICE. LO DOES NOT REPRESENT OR WARRANT TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION; ALTHOUGH LO CURRENT PRACTICE IS TO UTILISE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY.