General Terms and Conditions

Thank you for your choice of Poorvika Mobiles Pvt.Ltd.

This page (together with the documents referred to on it) tells you your relation with Poorvika Mobiles Pvt. Ltd. E-Commerce Portal.

These Terms of Use contains important information based on which you may use our website www.poorvika.com regardless of whether you are a visitor or registered user. Please carefully review these Terms and Conditions and ensure you understand them before you start using Poorvika Online.

By using Poorvika Online, you indicate that you accept these Terms and that you agree to abide by them. Please mind that you will become bound by these Terms and conditions provisions once you access Poorvika Online. Should you not accept these terms please do not use Poorvika Online.If you apply to become a registered user, you will be prompted to click "Agree" to these Terms. Failure to do so will prevent you from becoming a registered user. If you have declined to click on "Agree" but still use Poorvika Online as a visitor, your continued use of Poorvika Online will indicate acceptance of these Terms. If you breach or do not agree to this Terms of Use, your access to and use of the Website is unauthorized.


Who We Are

Poorvika Online is owned and operated by Poorvika Mobiles Private Limited.

Our registered office: No.30, Arcot Road, Kodambakkam, Chennai, Tamil Nadu - 600024.

We are registered in Tamil Nadu under Companies Act 1956.

We are a Private Limited Company.


DEFINED TERMS

1. “Accepting your order” means acknowledging your order.

2. "Content" means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on Poorvika Online.

3. "Items" means all goods or services offered for sale that have been Posted on Poorvika Online.

4. “Poorvika Online” means Poorvika Mobiles Pvt. Ltd. E-Commerce Portal which is also referred herein as “we,” “us” and “our.”

5. "Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly.

6. "Registered User" means anyone who has a Poorvika Online account.

7. "Services" means all or any services provided by us through Poorvika Online including without limitation our on-line market place.

8. “Terms” means these Terms of Use, our Privacy Policy and any other Terms, Conditions and/or Policies posted/ referred by Poorvika Mobile Pvt.Ltd on the Poorvika Mobiles Pvt. Ltd. E-Commerce Portal, including any updates to these Terms of Use and those terms and policies.

9. “you” or “your” means any user/visitor/guest/customer/consumer.

10. "website" means www.poorvikamobile.com


I. YOUR USE OF THE POORVIKA ONLINE

a) Limitation of Our Liability

Any transactions or ordering of products by you on the site www.poorvikamobile.com, is designed, developed, operated and maintained by Poorvika Mobiles Pvt. Ltd.

You agree that Poorvika Mobiles Pvt. Ltd.’s Showrooms and its employees are not accountable for your usage of Poorvika Online in relation to your visit, viewing, ordering/buying/purchasing (products or services including inter-alia claims such as payment and delivery of the product and the like) or whatsoever made by you on Poorvika Online and you hereby waive any/all claims against Poorvika Mobiles Pvt. Ltd.’s Showrooms and its employees.


b) Competent to Contract

By accessing Poorvika Mobiles Pvt. Ltd. E-Commerce site, you affirm that you are in Sound Mind with Eligible Legal Age (as defined by Indian Contract Act 1872) to enter into this terms of use. If you do not have the legal age, then you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you accept for an organization, you're confirming us that you are authorized to bind that organization.


c) Amendments

We may, at our sole discretion, update this User Agreement from time to time. You agree that it is your responsibility to regularly check this User Agreement periodically for changes. In addition, your continued use of the website following the posting of changes will mean that you accept and agree to the changes. Further, it is your responsibility to carefully read, agree with and accept the terms or any other terms and condition.


II. YOUR ACCOUNT AND PASSWORD SECURITY

(1) You are solely responsible for maintaining the confidentiality and security of your account including user ID/name or password or PIN or identification code and the like . Poorvika Online is not responsible for any losses arising out of the unauthorized use of your account.

(2) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

(3) You agree that you will be solely responsible for all activities that occur under your account.

(4) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

(5) You acknowledge that we are not liable if you lose or share access to your device. However, if you suspect unauthorized use of your account or anyone else knows your user ID/name or password or PIN or identification code and the like, it is your duty to inform us immediately.


III. OUR CONTRACT WITH YOU

(1) The products/services, information, promotions, etc displayed on the Website is an "invitation to offer" to public at large.

(2) When you place your order, you are offering to buy the product(s) or service(s) from us which shall be subject to acceptance or rejection by us and shall further subject to the terms and conditions as listed.

(3) If you have supplied your valid email address or contact number, Poorvika Online will notify you by email acknowledging your order. You should check emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of your order by us.

(4) The shipment of your order constitutes our acceptance of your order setting out a legally binding contract between us on these terms. No act or omission of by us prior to the actual shipment of the Product(s) ordered will constitute acceptance of your offer.

(5) Any term sought to be imposed by you in your order will not form part of the contract.

(6) Alternatively we may decline all or part of your order at our discretion for any reason, in which case our email will tell you so.


IV. Discount-Vouchers/Promo-Codes/Coupon-Codes

(1) Discount-Vouchers/Promo-Codes/Coupon-Codes enable you to obtain benefits such as discount, free delivery and free gift. They are not transferable and can therefore only be used by the person to whom they are issued and must only be used in accordance with their conditions of use.If you use a Discount-Vouchers/Promo-Codes/Coupon-Codes to claim a benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:

a. you are entitled to use the code;

b. you meet all the conditions that apply to its use;

c. you agree to the terms set out below.

(2) Ifwe find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied.

(3) If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may cancel your order or you will be informed the same.


CERTAIN RESRTICTION AND REFUSUAL

(1) Errors in Pricing

a) We take all reasonable care to ensure that the price of the product advised to you is correct.

b) However, in the event that a Product is listed at an incorrect price due to an error in pricing that appears on the Website or during the order process, Poorvika Online shall have the right, at Poorvika Online’s sole discretion, to refuse or cancel your orders placed for that Product and notify you of such cancellation.

c) There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Poorvika Online will in good faith try to resolve any issues that may arise as a result of such errors.

d) You agree to cooperate with Poorvika Online to resolve such issues amicably and mutually. Further, you agree that Poorvika Online shall have full discretion to determine the appropriate resolution in such cases.


(2) Quantity/Value Restrictions

Poorvika Online reserves the right, at its sole discretion and without prior notice, to limit the quantity/value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card, debit card or UPI and also to orders that use the same billing and/or shipping address.

(3) Product Out of Stock Before/After Order Acknowledgement

a) Certain products would have been in stock when your order was acknowledged, but after your payment was confirmed, if your ordered product went out of stock, Poorvika Online reserves the right, at its sole discretion to ship it to you once the next shipment of stock arrives or to cancel the order. In either of the case we will notify you.

b) If any of the products in your order went out of stock after your payment was confirmed, we will either first ship all the in-stock products that you have ordered, and the products which are out of stock, we will ship it to you immediately once the next shipment of stock arrives or we will ship all the ordered products together as soon as the out of stock products becomes in-stock.

c) If any of the products on your order were already out of stock, when you placed the order, we will ship all items in the order, only when the new stock comes in. However, in some situations we might ship the items that are available, first.

(4) Improper Use of The Poorvika Online

Certain orders may constitute improper use of the Website and Services. Poorvika Online reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Poorvika Online’s sole discretion.

VI. INTELLECTUAL PROPERTY RIGHTS

Poorvika Online is pleasured to welcome you to its website. However, the contents of it are our property. Our rights on the website is protected by Intellectual Property Laws (copyrights, trademarks, and database rights)and treaties around the world. All such rights are reserved.Misuse of this website may incur civil liability andcriminal liability.

(1) However, we grant you a limited, non-exclusive and revocable license to access our website for the purposes of browsing products, offer(s), ordering products from us or obtaining contact information of us.

(2) You are expressly not permitted to download any part of our website, to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our interests.

(3) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged..

(4) You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

(5) If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


VII. OUR PRODUCTS AND PRICING

(1) Products may vary slightly from specification/pictures.

(2) We try to provide accurate measurements/dimensions in respect of products but these may not include protruding features such as controls or handles. Images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

(3) The packaging of the product may vary from that shown in images on our website.

(4) Pricing for products may be different on the website or from prices available in Showrooms.

(5) Website Discount-Vouchers/Promo-Codes/Coupon-Codes is valid for the purchase done at the website.

(6) Showroom offers, promotion and pricing is valid for the purchase done at the respective Showroom.


VIII. ADVERTISEMENT

(1) Some of the services are supported by advertisements. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information. The manner, mode and extent of advertising by Poorvika Online on the services are subject to change without specific notice to you.

(1) Some of the services are supported by advertisements. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information. The manner, mode and extent of advertising by Poorvika Online on the services are subject to change without specific notice to you.


IX. PAYMENT AND BILLING

(1) Poorvika Online reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice.

(2) All billing information you provide to us must be truthful and accurate.

(3) You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).

(4) You agree that we may add all the due amount of yours in the current or next billing cycle without additional notice or consent unless required otherwise by law.

(5) You must notify us about any billing problems or discrepancies within 5 days after they first appear on the statement you receive from your bank or Credit Card Company. If you do not notify any problem or discrepancies to our attention within 5 days, you agree that you waive the right to dispute such problems or discrepancies.

(6) In case of Order Cancellation, money will be refunded to the original payment method.

(7) Certain Payment And Billing Issues (Pending Payments) - Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

a) Incorrect debit or credit card details are entered.

b) Card may be blocked or card details are no longer valid or need to be updated.

c) The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed.

d) The connection between Poorvika Online and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.

e) Card or bank or issuer is not recognised by Poorvika Online.

f) Incorrect login or password details are entered.

g) Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.

h) If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or Poorvika Online customer care for assistance. Poorvika Online is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.


X. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to service tax, GST, etc.


XI. PROOF OF IDENTIFICATION

Poorvika Online and Poorvika Mobiles Private Limited, reserves the right to ask for proof of identification at the time of delivery of your order. Failure to provide the same by you, gives us the right to reject the delivery of your order and in consequence, cancel your order and notify you of such cancellation.


XII. SHIPPING AND DELIVERY POLICY

These Shipping and Delivery Policy are subject to the General Terms and Conditions mentioned herein above.

1. For Poorvika Online to arrange to deliver any Products that you have purchased, you shall be solely responsible for providing the correct and accurate postal details.

2. Title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier.

3. Poorvika Online is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.

4. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, all shipping and handling charges and applicable taxes.

5. Please note that Shipping and handling fees are non-refundable Reimbursements.

6. Dispatch of goods will be through reputed couriers. Most of the items are shipped within 24-48 working hours after the payment is cleared.

7. Estimated deliver may vary for each product and shipment.

8. Delivery of all orders will be done to registered address of the Buyer.If you are not at home at the time of delivery of the product or if no person is available at your address to take delivery of the products we will contact you for further instructions. If despite our reasonable efforts, we are unable to contact you or if you willfully refuse to receive the product during delivery, we may terminate the contract and refund you the sums you have paid for the undelivered product(s). However, we may deduct from that refund (or, if you have not made the payment, charge you with) the costs of returning the product(s).

9. Please note all items (including gifts) will be shipped with an invoice mentioning the price, as per Indian Tax Regulations.

10. Delivery of goods will be made only on weekdays, Weekendsand working days. No delivery during National Holidays or other unforeseen circumstances.

11. Shipping information will be provided on request only.

12. Poorvika Online may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

13. As of now, Poorvika Online Ltd. doesn't deliver items internationally.


XIII. Shipping Address:

(1) If Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address.

(2) When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address.

(3) Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and Poorvika Online will have no liability in this regard.


XIV. Multiple Product Orders:

(1) If You order multiple products in one transaction, Poorvika Online would venture to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues. You may receive the products separately and at different times.

(2) If You purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by You.

(3) If You wish to ship products to different addresses, then You should book the orders separately based on the shipping addresses.


XV. Refusal of Delivery:

(1) Before accepting delivery of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, You are requested to refuse to accept delivery and inform Poorvika Online customer care at the time of delivery.

(2) After checking the package condition, kindly ensure that you also check the product condition before installing the SIM card & before enabling the wifi service. If you find any problem/defect in the product please do not insert SIM card & do not enable Wifi Service.

(3) You must fill the delivery sheet / acknowledgement used by the logistics service providers and note down the condition of the delivered package. Damaged or tampered products claims will not be accepted beyond the Replacement policy.

(4) If you willfully refuse to receive the product during delivery, we may terminate the contract and refund you the sums you have paid for the undelivered product(s). However, as mentioned herein above clause, we may deduct from that refund (or, if you have not made the payment, charge you with) the costs of returning the product(s).


XVI. INSTALLATION POLICIES

Without prejudicing the Poorvika Online’s Replacement Policy, for all the products where installation is provided by manufacture, it is your responsibility to not to unbox the product/packaging by yourself else the warranty of the product may be void.

Poorvika Online will not be responsible for your negligence.


XVII. CANCELLATION POLICY

Cancellation of orders is based on the delivery type that you select.

1. After placing the order within 24hrs you can cancel the order expect when you select 2hrs Delivery option/same day delivery option/Next day delivery option.

2. After Delivery you can cancel the order only if they find the product in a damaged condition.

3. Once the product is shipped, you are not eligible to cancel the Order regardless of the time.


Bulk Orders

Poorvika reserves the right to cancel bulk orders placed on the website. To avoid such cancellations for bulk orders, please contact Poorvika's 24×7 customer Care or E-mail to [email protected] before placing such orders.

Coupons or Discounts – Terms and Conditions

1. Coupons or Discounts are bound by the conditions linked to the redemption of the coupon and are subject to availability.

2. Unless the Coupons or Discounts says otherwise, you can only use one Coupon or Discount per order.

3. Coupons or Discounts are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Poorvika.

4. Coupons or Discounts are nontransferable. Taxes, shipping, handling, and other fees are extra, vary and are not subject to discount.

5. If you return any of the items purchased with Coupons or Discounts, the value of coupon or discount may be subtracted from the purchase price paid. And if you return a single product from a multi-buy Coupons or Discounts, our refund will mean that you've effectively paid full price for the products you keep.

6. If you use the Coupons or Discounts and subsequently cancel or return the order, the Coupons or Discounts will no longer be valid and the respective value may not be reapplied to another order.

7. Coupons or Discounts, Pricing, specifications, availability, and terms of offer may change or withdrawn at any time without notice. All orders are subject to approval, and only binding when accepted by Poorvika.

8. Poorvika is not responsible for typographical, pricing or other errors, omissions, or consequences of misuse of site and its functions.

9. Each Coupon or Discount is valid for a limited time only and expires on the date specified in the Coupons or Discounts.

10. Poorvika shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon or Discounts.


XVIII. FORCE MAJEURE AND FAULT OF THIRD PARTIES

(1) Poorvika Online will perform obligations by law, but Poorvika Online will not be liable for breach in performance or changes in obligations to be performed arising from:

a) Natural disasters, Epidemic, Pandemic, strikes, riots, wars, act of government, judicial or administrative orders, and other force majeure factors;

b) Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, government control and any other network, technology, communication, information or/ and security issues.


XIX. WARRENTY

(1) You agree that any warranty on any product sold through Poorvika online is provided by the manufacturer of that product.

(2) To the fullest extent permitted by applicable law, neither Poorvika Online nor Poorvika Mobiles Pvt.Ltd. will be liable for any indirect, incidental, or consequential damages attributable to your use of any product purchased through Poorvika Online.


XX. LIMITATION OF LIABILITYAND DISCLAIMER

(1) To the extent permitted by law, you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other.

(2) To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss.

(3) This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused for you or a third party, by any act of nature, or by any criminal activity by someone unrelated to us.


XXI. INDEMNIFICATION

(1) You also agree to defend indemnify, and hold Poorvika Mobiles Private Limited and Poorvika Online and our CEO’s, Managers, Executives, Staffs, etc. including our properties, harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the website or any breach by you of these Terms and Conditions.

(2) We reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.


XXII. GOVERNING LAW AND JURISDICTION

These terms and any other terms and condition shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at Chennai.