Terms & Conditions for using the BackClick

Effective date: January 15, 2023

These terms of offer for sale (“Terms of Offer For Sale”) between BackClick, http:///www.backclick.in or its App (hereinafter referred as ‘Seller/Seller’s or Website/App’) and the Buyers including online buyers and the Customers of the Website/App (“You” or “Your” or “Yourself” or “Customer”) describe, inter alia, the terms of offer for sale, purchase of goods online through Seller’s website/App (“online sale”).

Please read the terms of offer for sale carefully before buying any products or availing any services from the Seller online. Any purchase made by you online shall signify your acceptance of the Terms of Offer For Sale and your agreement to be legally bound by the clauses of this Terms of Sale.

In addition to the foregoing, you shall also be bound by the terms of use of the website/App, terms of offer for sale issued by the Seller or additional terms of service/specification of product which are displayed with the selection of the product, if any (“additional terms”) at the website/App or provided along with the product. If there is any conflict between the terms of offer for sale and the additional terms, the additional terms shall take precedence in relation to that sale.

IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, DO NOT ACCESS THE WEBSITE/APP OR PLACE AN ORDER FOR ANY PURCHASE.

Business

• The Seller’s Website/App is a platform that facilitates the online sale of New, open box or unboxed, refurbished and renewed device and the services offered by the Seller including its affiliates/associates/service partners. The products are sold/purchased or the Services are offered to the Customers through various modes. The Seller will be solely responsible to you for the products sold or purchased by you online through the Website/App.
• You acknowledge that the Seller has the right to change or discontinue any Service at any time, without notice. You further acknowledge that the Seller may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that the Seller makes to the Services or mode of providing services. You agree that the Seller shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Services.

Products

• The Seller makes available a variety of New, open box, refurbished and renewed products and any other products of trade (hereinafter referred as ‘the products’) at an agreed price to you through on –line sale or on their in-built software or on their website/App. Purchase of such products though any mode from the Seller will be subject to the Terms of Offer for Sale and such other additional terms, if any, as specified by the Seller.
• Seller offers Shipping for all the products intended to be sold online on the Website/App. However, the packaging of the product depends on the Category of the Products purchased by the Buyers. Terms of shipping or packaging will be governed by this Term of sale or the Seller’s policy, which may be changed by the Seller without any notice to you.
• All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands and subject to the Seller’s Warranty. However, in case any product is covered under the Seller’s warranty, it shall be specifically mentioned in the product details.
• We ensure that your order will be safely delivered at your place within promised timeline. However, the same is subject to certain unforeseeable situations and circumstances beyond our control.
• The Seller is liable for faults arising from products purchased or bought from the Seller only and not otherwise. You are requested to follow the procedure as laid down by the Seller for Replacement of the products.

Responsibility towards Products & Services

• You should take all responsibility for your own actions in buying the product or utilizing the services purchased by you and the Seller shall not be liable for any such action.
• You represent that you have the competency to or capacity to enter into and to form a binding legal contract with the Seller and are not a person barred by law from buying such product or availing services under the laws as applicable in India.

Pricing Information

• The Seller strives to provide you the best possible prices for all the products and services you buy or avail of from the Seller online. However, the Seller does not guarantee that the prices will be the lowest in the city, region or geographic region. Prices and availability are subject to change without prior notice or any consequential liability to you.
• While the Seller strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, the Seller may, at its discretion, either contact you for instructions or to cancel your order and notify you of such cancellation. The Seller will have the right to modify the price of the product or service. The Seller may contact you to obtain any further instructions in connection with the sale/purchase/cancellation transaction via e-mail address or on a Mobile number or any other contact details provided by you at the time of registration or cancel the order and notify you of such cancellation. If the Seller cancels the order after the payment has been processed, the said amount will be remitted to you to your bank account; details of which will be provided by you to the Seller.

Credit Card/Net Banking Details

• While making payment of purchase or in certain cases, specifically with regard to particular products/ services, you might be required to provide your credit card or debit card or Net Banking or online Banking details to the approved payment gateways. In this regard you agree to provide correct and accurate credit/ debit card/Net Banking details to the approved payment gateways for buying products or availing Services from the Seller or through the Seller’s website/App. You shall not use any credit/ debit card/Net banking account that is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card/Net banking account The information provided by you will not be utilized or shared with any third party unless circumstances demand, as more particularly mentioned in the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/ debit card/Net banking details. The Seller expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card/Net Banking account.

Delivery of the Product

• Your shipping address, pin code will be verified with the database of the Seller before you proceed to pay for your purchase. In case your order is not serviceable by our delivery/logistics partners or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our logistic/delivery partner’s deliverable area. In case there is any dispute regarding the shipment of the product or services for an area not covered by the Seller, in such a case, the Seller will not be responsible for the non-delivery of the product.
• In case you book multiple orders for the Products and Services in one transaction, the Seller would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues and the order may be delivered step by step. If you purchase multiple Products in a single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
• Once your order is shipped, the delivery usually takes between 5 to 7 working days to reach you.

Effective date: June 30, 2023

DEFINITIONS

In this General Terms Of Rent, the following words and expressions shall have the meaning provided next to them (unless the context otherwise requires):

1. Lessor means the company that owns the Equipment it leases to the Lessee in exchange for Rent.
2. Lessee means any individual, corporation, association, or other business entity to whom the Lessor leases its Equipment in exchange for Rent.
3. Equipment means any electronic or non-electronic device/accessory/product/goods that the Lessor provides to the Lessee on Rent.
4. Rent refers to the periodic payments made by the Lessee to the Lessor for the Equipment the Lessee has leased from the Lessor.
5. Lease means a contract by which the Lessor conveys its Equipment to the Lessee for a specified time, in exchange for Rent.
6. Rental Agreement means this Non-Exclusive Agreement along with all its/Annexures annexed hereto as amended from time to time in terms hereof; between the Lessor and the Lessee for the purpose of binding the Lessee to the Lessor, under which the Equipment is made available to the Lessee in exchange for the periodic payment of Rent to the Lessor.
7. Applicable Laws mean all laws, statutes, ordinances, codes, rules, regulations, guidelines, and procedures enacted or made by a Government Authority, that are in force during the subsistence of this Agreement, and in each case only to the extent applicable to the subject matter of, or the performance by the Parties of their respective obligations under this Agreement.
8. Business Day means a day on which banks are open for normal banking transactions in Mumbai (India);
9. Effective Date means the date of execution of this Agreement;
10. Intellectual Property Rights shall mean all rights in or in relation to any and all patents, software, utility models, trade and service marks, rights in designs, trade, business or domain names, copyrights, topography rights, rights in inventions, knowhow, trade secrets and other Confidential Information, rights in databases and any other intellectual property rights of a similar or corresponding character in any part of the world whether registered or not and shall include rights in respect of which any applications to register, renew or extend are pending or rights to apply for registration of any of the foregoing;
11. Government Authority means any national, federal, regional, state, provincial or local government, court, governmental agency, authority, board, bureau, instrumentality, or regulatory body having jurisdiction over the Products and/or the Parties as mentioned in this Agreement;
12. Delivery refers to the delivery of the Equipment to the Lessee at the place indicated by the Lessee concretized by the delivery of the Equipment to the actual custody of the Lessee.
13. Return means the transfer of the custody of the Equipment by the Lessee to the Lessor, materialized by the effective receipt of the Equipment in good working condition by the Lessor.
14. Territory shall mean the entire territory of the Republic of India.

The words and expressions defined elsewhere in this Agreement shall have the meaning provided to them there and shall be accordingly construed for the purposes of this Agreement.

SCOPE OF APPLICATION

Spadeworks Business, a sole proprietorship concern owned, managed and operated by Mr. Rakeshkumar Jain, bearing Goods and Service Tax (GST) registration no. 27AAIPJ0144L2ZP, and having its registered office at A1/330 Shah & Nahar Industrial Estate, Sitaram Jadhav Marg, Lower Parel, Mumbai – 400 013, Maharashtra, India (Hereinafter referred to as the “Lessor”)

BackClick is published, owned, and operated by Spadeworks Business. BackClick offers its Customers (Hereinafter referred to as the “Lessee”) the service of Equipment rental against periodic monthly payments of Rent.

On the date of these General Terms Of Rent, the Lessee can only be a company registered in India and/or an individual residing permanently in India.

The Lessee and Lessor are hereinafter individually referred to as “Party” and collectively as “Parties”.

TERM

Except as a derogatory measure, the Lease is concluded for a minimum Term of 36 months, determined from the delivery of the Equipment governed by the Rental Agreement.

At the end of this initial term, the Lessee may:

• Change the Equipment and renew the Term with the Lessor through a new Rental Agreement.
• Keep the Equipment beyond the initial Term. In this case, the Rental Agreement will be automatically renewed for a Term of twelve (12) months.
• Return the Equipment and Terminate the Rental Agreement. In this case, the Lessee may notify the Lessor to request the termination of the Rental Agreement.

RENT AND DEPOSIT

1. Rent price displayed on the Website are for reference only and may vary based on the opted Quantity and Tenure.
2. All Prices displayed on the Website and in the Rental Agreement is expressed in Indian Rupees (INR), excluding all taxes and delivery charges.
3. The monthly Rent for the Equipment shall be paid in advance in instalments and on the first day of each succeeding month throughout the Term through PDCs in the name of SPADEWORKS BUSINESS Dated the first of every month. Any instalment payment not made by the third (3rd) day of the month shall be considered overdue and in addition to Lessor’s other remedies, Lessor may levy a late payment charge equal to three percent (3%) per month on any overdue amount. Rent for any partial month during the beginning shall be completed after the last full month of tenure.
4. Lessee shall pay a deposit prior to taking possession of the Equipment.
5. The Rent payable will remain fixed throughout the duration of the Rental Agreement, with the exception of price variations that may result from the change in tax rates.
6. The Lessor reserves the right to change its Rent prices at any time but undertakes the responsibility to apply the new Rent prices when the subscription to the Lease is registered.

SHIPPING

1. Lessor shall be responsible for shipping the Equipment to Lessee’s premises.
2. the Lessee will be liable to receive the Equipment from the warehouse of the Lessor and the cost of the same shall be solely borne by the Lessee and the same cannot be adjusted in the Rent amount.

USE

Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.

REPAIRS

For repairs that are not covered by the BackClick warranty & care, the Lessee, at its own cost and expense, shall keep the Equipment in good condition, and working order and shall furnish any and all parts, accessories, and devices required to keep the Equipment in good working order.

MANUFACTURER WARRANTIES

1. The Lessor hereby assigns warranties given by the Manufacturer, if any, to the Lessee, and the Lessee can make any claim on the Manufacturer that the Lessor could have made. If the Lessee suffers any loss due to any default of the Manufacturer, the Lessee shall, at its own cost and expense, directly claim against the relevant Manufacturer. Notwithstanding such claims, the Lessee shall continue to meet all obligations under the Documents.
2. The Lessor shall not in any way be liable for any loss, injury, or damage suffered by the Lessee, or any other person by reason of any defect, fault, deficiency, and/or malfunction of the Equipment and the Lessor shall not be liable to indemnify the Lessee in respect of any claim made against the Lessee by a third party for any such loss, injury or damage. The Lessee hereby indemnifies the Lessor in respect of any claim made by a third party for any loss, injury, or damage.
3. If the repair of Equipment takes more time, Spadeworks Business will provide replacement unit(s) for such period till the rental Equipment is repaired as per BackClick policy.

LOSS AND DAMAGE

1. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease.
2. In the event of loss or damage of any kind whatever to the Equipment, Lessee shall reimburse the full amount of the Equipment to the lessor. The full amount of the Equipment will be determined by the lessor based on the market operating price of the Equipment at the time.

SURRENDER

1. Upon the expiration or earlier termination of this Lease, the Lessee is liable to safely deliver the Equipment in good condition and working order within 5 Business Days at the warehouse of the Lessor, and the Lessee shall deem to be responsible for the Equipment until the Equipment is safely delivered to the Lessor and receiving certificate has been issued by the Lessor to the Lessee.
2. Lessee must hand over the Equipment to the courier assigned by the Lessor within the city or county in which the same was delivered to Lessee.

INSURANCE

Lessee shall procure and continuously maintain and pay for:

All risk insurance against loss of and damage to the Equipment for not less than the full replacement value of the Equipment.

TAXES

Lessee shall be liable to pay GST as well as any other local/national taxes attracted by the lease of Equipment.

INDEMNITY

Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from Lessee’s use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.

DEFAULT

If Lessee fails to pay any Rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep, or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:

1. To declare the entire amount of Rent hereunder immediately due and payable without notice or demand to Lessee.
2. To sue for and recover all Rent(s), and other payments, then accrued or thereafter accruing.
3. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives all damages occasioned by such taking of possession.
4. To terminate this Lease.
5. To pursue any other remedy at law or in equity.

Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor’s remedies are cumulative and may be exercised concurrently or separately.

BANKRUPTCY

Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section “Default” hereof; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.

OWNERSHIP OF THE EQUIPMENT

The Lessee acknowledges, confirms and declares that in respect of any Equipment, the Lessor is at all times the exclusive owner of the Equipment and that the Lessee holds the Equipment as a mere bailee of the Lessor and that except what is stated in the Agreement, it shall not have any proprietary right, title, or interest in the Equipment or any part thereof and shall at all times, protect and defend as bailee/licensee of the Equipment, the Lessor’s absolute and paramount ownership right and title thereto and that it shall not at any time, advance or make any claim adverse to or in derogation of the Lessor’s absolute and permanent ownership right and title.

ADDITIONAL DOCUMENTS

If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment

GOVERNING LAW AND JURISDICTION

These General Terms Of Rent shall be governed by and construed under the laws of the Republic of India and subject to the Arbitration clause herein below, the Courts at Mumbai, India shall have exclusive jurisdiction to adjudicate any disputes that may arise under this Agreement.

Effective date: January 15, 2023

Your use of the website www.backclick.in (hereinafter referred to as “Website”) and services and tools are governed by the following terms and conditions.

1. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with BackClick —A Unit of Spadeworks Business, a company incorporated under Companies Act, 1956 having it’s Corporate office at 330, A1 Shah & Nahar Industrial Estate, Sitaram Jadhav Marg, Lower Parel-West, Mumbai, Maharastra – 400013 and these terms and conditions constitute binding obligations upon you.

2. For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the services of the BackClick.

3. When you use any of the services provided by our website in any manner or for any purpose, 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 our rights, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your use of the website following the posting of changes will mean that you accept and agree to the changes. Compliance or agreement to the said Terms of Use grants you the privilege and rights to enter and use the Site.

4. Opening, accessing, browsing or otherwise using the website implies your concurrence and acceptance to all the terms and conditions including the revised terms and conditions as set out in this agreement and therefore, we request you to read this agreement carefully before initiating any action from this website.

5. A person who is competent to enter into a legally binding valid contract under the provisions of Indian Contract Act, 1872 is authorized to use the Website or place an order to or conduct other connected activities through this website. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use or perform any transaction through the Website. However, they may enter into a contract with us only through Legal guardians who are registered as users on our Website. We reserve our rights to terminate your membership and refuse to provide you with access to our website if it is brought to our notice or if it is discovered that you are incompetent to contract.

6. If you use our website, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any or we have reasonable grounds to suspect that such information that is untrue, inaccurate, old or incomplete or not in accordance with the Terms of this Use, we have the right to indefinitely suspend or terminate or block access of your membership with us and refuse to provide you with access to the Website.

7. When you use our Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or by such other modes of communication, electronic or otherwise.

8. The Website contains materials, including but not limited to software, text, graphics and images (hereinafter referred as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have entered into with third parties. Unauthorized use of the Content may result in violation of our copyright, trademark, and other right under the appropriate Indian Legislature. You have no rights to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No use of the said contents is permissible without our prior written consent. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

9. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically be terminated and you shall immediately destroy any copies you have made of the Content. You agree not to: (a) take any action which imposes an unreasonable load on the website’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website; (d) delete or alter any material posted on the website by us or any other person or entity; or (e) frame or link to any of the materials or information available on the Site.

10. The trademarks, service marks, and logos of BackClick used and displayed on this Site or copyright subsisting in the said logos forms part of our Intellectual Property Rights. Nothing on this Site or in this Agreement should be construed as assigning or granting, by implication, estoppel, or otherwise, any license or right to use any of our said Intellectual Property Rights without our prior written consent. The said Intellectual Property Rights shall not be used to disparage our or third-party’s products or services or to dilute our goodwill in the market. All goodwill generated from the use of any of such intellectual property rights shall inure to our benefit.

11. We and our affiliates make no warranties or representations about the content, including but not limited to its accuracy, reliability, completeness, timeliness or reliability. You agree that your use of the website and the content is at your own risk. We do not warrant that the website will operate error free or that the website, its server, or the contents are free of computer viruses or similar contamination or destructive features. The website and contents are provided on an “as is” and “as available” basis without any warranties of any kind including merchantability or fitness for particular purpose. We shall not be liable for any damage of whatsoever nature including but not limited to loss of data or loss of profit or business resulting from the use or inability to use the website or the contents therein or from any claims whether based on warranty, contract, tort or any other legal incidents even if we have been informed about the possibility of such damage.

12. You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site. We shall provide notice to you of any such claim, suit, or proceeding. We reserve our right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests assisting us in defending such matters.

13. We reserve our rights at our own discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. We reserve our rights to change, suspend, or discontinue all or any part of the website or the Content at any time without prior notice or liability to the buyers.

14. Membership on our Website is free and we do not charge any fee for accessing, browsing and buying on our website. We, however reserve our rights to charge fee and change our policies from time to time. In particular, we may on our own discretion introduce new services and modify/amend some or all of the existing or future services offered on our website or fees if any; which may be charged for the same; without prior notice to buyers. Revision or Amendment in policies or in any clause of the agreement shall automatically become effective immediately once implemented on our website.

15. You shall be solely responsible for compliance of all applicable laws including those in India, once you abide by or agree to the terms and conditions of this Agreement. You agree that, the contents uploaded or forming part of our website is not in violation of any laws for time being in force in India.

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

17. You shall not probe, scan or test the vulnerability of our website or any network connected to our website nor breach the security or authentication measures on our website or any network connected to our Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to our Website, or any other customer of ours, including any account not owned by you, to its source, or exploit our Website or any service or information made available or offered by or through our Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by our Website.

18. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to our Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

19. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity violates our rights in any manner whatsoever.

20. From time to time, you shall be responsible for providing information relating to the items or services proposed to be bought by or sold to you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

21. You shall not engage in solicitation for our products or services displayed on our website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via our website. It shall be a violation of these Terms of Use to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the BackClick without our prior explicit written consent. In order to protect our users from such advertising or solicitation, we reserve our rights to restrict the number of messages or emails which a user may send to other users in a reasonable period which we deem appropriate in its sole discretion.

Effective date: January 15, 2023

Cancellation of Order

1. You will be entitled to cancel the order placed to us; only if your product is not yet shipped by us. Once the product is shipped, we shall not accept cancellation requests.

2. For any queries or information, Back Click requests you to email us on info@backclick.in by sharing your order id to resolve your queries through our customer care executive.

3. Once a cancellation request is successfully registered on our BackClick site/app by following the aforesaid process, your order shall be deemed to be cancelled.

4. If it is a Prepaid Order, the amount will be refunded to you, in accordance with our Refund Policy.

5. Under some rare situations, we can also raise an order cancellation request. These situations could be:

• Incorrect pricing or description of the product.
• Payment fraud suspicion by our Credit & Fraud Avoidance Department.
• Incorrect or Incomplete Buyer’s Address.
• Any other unavoidable or unforeseeable circumstances.

6. You agree that, non-completion of the order within the prescribed time-limit will not automatically entail the Cancellation of the order, if the same is as a result of the circumstances beyond our control.

7. A cancellation request cannot be made after your order is ready for shipment. Once the product is opened or the service is considered as delivered, the order cannot be cancelled.

8. All refunds are processed after internal verification and in case of any sales return, we reserve our right to full and partial refunds based on the condition of the product.

Conditions to Initiate Returns

1. New Products must be returned to us within seven (07) working days from the date on which you have received the product / must be dispatched to us within seven (07) working days from the date of receipt of the product.

2. Open Box, Refurbished, Pre Owned Products shall be returned to us within fifteen (15) working days from date on which you have received the product and will be accepted only in case of following :

• Stocks are dead on arrival or have a major technical problem.
  Product received is physically damaged.
• You must submit a request of Sales Return on info@backclick.in

3. Our back-office executive will get in touch with you to initiate the process of returns and after verification of the request made BackClick will pick up the product from the premises where in the product was delivered.

4. Quality Check (QC) will be done by BackClick or its affiliates/associates/service partners to cross check the status request as made by the buyers.

5. Refund will be initiated on successful Quality Check of the product and status of your claims shall be advised to you through email communication

6. The End-to-End Sales Return Cycle will take 15 working days time and Returns will only be accepted under the following conditions:

7. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.

8. Other Cases for Return/ Replacement of the Product:

• Wrong Product – Wrong color/ size/ style
• Wrong item delivered or wherein product dispatched differs from the one which was ordered.
• Defective Product – Manufacturing defect/ functional defects. (Not applicable, if the product is under Manufacturer’s Warranty or is an AS IS products)
• Damaged Product – Physical damage/ Tampered product or packaging. (Not applicable, if the product is under Manufacturer’s Warranty or is an AS IS products)
• Wrong Quantity – Missing Products/ Parts. (Not applicable, if the product is under Manufacturer’s Warranty or is an AS IS products)

Under what conditions returns/ replacement request will not be accepted?

Returns/ Replacement requests will not be accepted under following cases:

1. If Products are Altered/ Used after delivery by the Buyer (s) without prior intimation to us.
2. If the Product is returned without Original Packaging (price tags, labels & accessories)
3. If the Serial Number is tampered.
4. For Defective product that is covered under Seller/Manufacturer’s Warranty.
5. For Damaged/Missing product that is reported after Seven (07) working days of the delivery
6. For Products sold under specific promotions or given by way of a gift or sample or in a like manner.

Upon receiving your complaint, we or our service partner shall verify the authenticity and the nature of the complaint and if we are convinced that the complaint is genuine, we shall process your complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, we reserve our right to take necessary legal actions against you and you will be solely liable for all costs incurred by us in this regard.

In order to be eligible for a replacement, you must return the product with the original box and all accessories in the exact same condition as it was sold to you. If a product being returned is not in accordance with the above guidelines, then you shall not be entitled to any replacement from us. In case you ordered a wrong item, or the product has been used by you, then you shall not be entitled to any return/refund.

Before accepting a shipment of any product, kindly ensure that the product’s packaging is not in a damaged condition. After acceptance of the same or after the item/product is considered as delivered, then we will not be liable for any replacement of the product or cancellation of order or any other action of like manner.

Refunds

BackClick will process your refund to the original form of payment or in the bank account of which details are provided by you to BackClick. The BackClick is free to decide the mode of payment of such Refund which includes RTGS payment system.

Refund will be processed within 15 working days from the date of Notification.

You are responsible for and must prepay all return shipping charges and you shall assume all risk of loss or damage to product while in transit to Back Click except defect is attributable on our part and DOA (Dead on Arrival) cases.

If you have received damaged, defective or incorrectly shipped merchandise, please notify BackClick within 10 working days. Refund may be refused if the product received by us is not as per your claim or Order ID is missing on the package.

The refund or cancellation may be denied if :

1. Product is damaged due to improper use by the Buyer.
2. Any item is missing from the original packaging/order delivered to the buyer.

Effective date: January 15, 2023

The information contained on our website is for general information purposes only. We always endeavor to keep the information updated and correct and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information related to products, services or related graphics contained on the website for any purpose. Any reliance placed by you such information is therefore strictly at your own risk. We shall not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any other loss or damage of whatsoever nature arising from loss of data or profits arise out of or in connection with the use of this website.

This website contains links to third party websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsing the views expressed within them. Every effort is made to keep the website updated and running smoothly. However, we take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

We being a Seller ensure that and claims that the listed items do not infringe upon the intellectual property rights including copyright, trademark or brand, design or patent, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties or any other person or entity or organization. All listed items are kept in stock for successful fulfillment of sales being refurbished/repaired/Unboxed and Pre-owned/Refurbished products. The listing descriptions of the item are not misleading and describe the actual condition of the product. If the item description does not match the actual condition of the item, the seller agrees to refund any amounts that they may have received from the buyer.