Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policies, and Terms & Conditions for access or usage of our online mobile application named as “PERIKART”.
PERIKART is a platform which is owned and operated by Perril Technologies (OPC) Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at Boragadhoi, Duliajan, Dibrugarh, 786602, Assam, India.
The following Terms and Conditions (T&C) along with applicable laws are incorporated upon your use of the Platform. If you use the Platform, you shall be entering into an binding agreement with Perril Technologies (OPC) Private Limited and these Terms and Conditions (T&C) along with the policies which will constitute your binding obligations with Perikart.
If you do any transaction on this platform, you shall be subject to the policies that are applicable for such transaction.
Any natural or legal person who has agreed to become a Buyer on the Platform by providing registration data while registering on the Platform using computer systems is referred to by the term ‘you’ or ‘your’ for the purpose of the Terms and Conditions (hereinafter referred to as “T&C”). The terms ‘we’, ‘us’ and ‘our’, shall mean Perril Technologies (OPC) Private Limited.
The rules, guidelines, policies, terms and conditions applicable to the services provided by us through the platform will be deemed incorporated into the T&C and considered a part of T&C. T&C may be changed, modified, added or removed at any time, at our sole discretion. It is your responsibility to review these T&C periodically, for updates and changes. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the T&C, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE T&C CAREFULLY BEFORE PROCEEDING. If you impliedly or expressly accept the T&C, you also accept and agree to be bound by all Perikart’s policies as applicable to you, as amended, from time to time.
ELIGIBILITY OF BUYER
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Perikart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Perikart's notice or if it is discovered that you are under the age of 18 years and transacting on the Platform.
Your primary identifier on the Platform is your mobile number/email address. Therefore, it is your responsibility to update your phone number/ email address on the Platform and, you hereby agrees to notify us the same, if there is any such changes.
The activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Website Platform, you agree that Perikart shall not be responsible for the same.
You shall be solely liable and responsible for all the activities undertaken under your Account, if you share or allow others to have access to your account on the Platform (“Account”), by creating separate profiles under Your Account.
You agree and understand that when you use the Platform, you are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
TRANSACTION AND COMMUNICATION
In this platform, users can interact with one another for their transactions. Perikart is not a party to any transactions between users on the Platform.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Perikart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Perikart.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer.
Perikart does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Perikart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Perikart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Perikart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Perikart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Perikart shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Perikart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment on that behalf.
Perikart does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall Perikart hold any right, title or interest over the products nor shall Perikart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Perikart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Perikart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Perikart hold any right, title or interest over the products nor shall Perikart have any obligations or liabilities in respect of such contract.
Perikart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Payment Methods: A variety of payment methods are accepted by Perikart, including but not limited to credit cards, debit cards, net banking, digital wallets, and cash on delivery (COD). The availability of specific payment methods may vary depending on the seller, product, and location.
Transaction Currency: All transactions on the Perikart are processed in the currency specified on the platform, which should be mandatorily in Indian Rupees (INR). No other form of currency will be acceptable.
Payment Security: On the Perikart platform, payment transactions are secured with appropriate measures. While making online payments, users are advised to exercise caution and follow best practices.
Pricing and Transaction Accuracy: Perikart strives to ensure that all pricing and transaction-relatedinformation displayed on the platform is accurate and up to date. However, in the event of any discrepancies or errors, Perikart reserves the right to rectify the information and notify the users accordingly.
Payment Confirmation: Upon successful completion of a payment transaction, Perikart will provide a confirmation of payment to the user via email or any other mode of communication deemed appropriate.
Order Processing and Delivery: Once a payment is successfully processed, Perikart will initiate the order processing and arrange for delivery as per the specified timelines and terms agreed upon between the buyer and seller. The delivery timelines may vary depending on the location, product availability, and other factors. Refunds and Cancellations: In the event of order cancellations initiated by the buyer or seller,
Perikart will process the refund as per its refund policy. The refund amount, if applicable, will be credited back to the original payment method used or refund it to the detail given by the buyers and seller for the transaction.
With Cash on Delivery (COD) orders, customers can choose from the following options to get their refund on returns. Refunds must be initiated within five days of pickup.
i. Refund credited to the Bank Account entered by the customer at the time of initiating the return request. In case of transaction failure due to invalid bank account details, then Perikart shall not be held liable for failure of refund transaction.
ii. Refund credited to the Bank Account associated with the UPI ID entered by the customer at the time of initiating the return request.
In case the payment is made by Credit/Debit Card, Net Banking you may get the refund within 7 to 15 working days. Refunds may be delayed due to bank procedures.
Selected banks may be able to refund. We will require alternate bank account details if a bank is not supported for refund processing.
Our refund policy is conditional, subject to recourse if the buyer misuses the product.
We may request additional documents from you for verification purposes.
Refunds are subject to your compliance with our policies.
Payment Responsibility: As a buyer, you are solely responsible for the payment of the products or services you purchase on the platform. By initiating a transaction you enter a legally binding contract with the seller to purchase products and or services using our payment facilities.
Dispute Resolution: Perikart does not mediate or resolve disputes between buyers and sellers. Any disputes or disagreements related to payment, products, or services should be addressed directly between the parties involved. Perikart will not be held liable for any non-performance, breach of contract, or damages arising from such disputes.
Taxes and Duties: Buyers are responsible for complying with any applicable taxes, duties, or other charges associated with their purchases on the Perikart. The prices displayed on the platform may or may not include such charges, depending on the nature of the transaction and the applicable laws.
Modification of Payment Terms: Perikart reserves the right to modify, update, or amend these payment terms at its sole discretion. Users are advised to review the payment terms periodically for any changes or updates. By continuing to use the platform, users accept and agree to the revised payment terms.
History of questionable charges: We reserve the right to refuse processing transactions by buyers with a history of questionable charges, including breaches of agreements with us, violations of laws, charges imposed by issuing banks, or breaches of policies.
Governing Law and Jurisdiction: These payment terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of India. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts located in the city of Dibrugarh, Assam, India.
We shall not be held responsible or assume any liability for any loss or damage that may occur to you, whether directly or indirectly, as a result of:
i. Any transaction that is unauthorized.
ii. A transaction by a minor has taken place.
iii. Going beyond the predetermined limit agreed upon by both you and your bank(s).
iv. Any payment-related problems arising from the transaction.
v. Transaction rejection due to any other reasons.
vi. We will not be liable for any damages, interests, or claims resulting from non-processing or delay in processing a transaction or transaction price that is beyond our control.
We would like to remind you that these payment terms are intended to serve as a general guideline and may be altered, modified, changed, or deleted by Perikart at any time without notice. Perikart payment terms and conditions are updated regularly, so it is recommended that you refer to the latest version.
CUSTOMER ACCOUNT DEACTIVATION
Violation of terms of service: If a customer breaches the terms and conditions set by the Perikart such as engaging in illegal activities, spamming, or using the service for unauthorized purposes, Perikart may choose to deactivate their account.
Account closure request: In some cases, a customer may request the deactivation of their own account voluntarily. The Perikart would then fulfil this request and deactivate the account accordingly.
OPEN BOX VERIFICATION
The open box customer terms and conditions ("Terms and Conditions") will be applicable if you have availed the “Open box verification” service (“verification Service”) while purchasing your product from the Perikart Application.
The Verification system is not applicable for all products except electronics, electronic accessories, electrical & hardware products.
Open Box Verification ensures that the right product is delivered without any external damages, and that all the required accessories are enclosed, before accepting delivery.
You agree and understand that only the delivery partner is entitled to open product package and place the product for your verification.
You agree to inspect the product in the presence of the delivery partner only. You understand that verification means checking the physical appearance and components of the product, if any, and does not include testing the functioning of the product.
You understand that in case the product which is received in damaged condition, has missing parts/accessories, or is completely different from what was ordered, the delivery will be considered as 'failed', and, you will be issued a refund in accordance if payment is made with the prepaid option with Perikart.com Return Policy.
In case the product is found to be damaged after you have accepted delivery of an open box verification eligible order, we will not able to accept returns. Therefore, please ensure a responsible adult is available to thoroughly inspect the product for damages and accept delivery.
In case the product is found to be functionally defective or not working, after you have accepted delivery of an open box system eligible order, you will be required to raise a request within the 1-5 working days' *returns window. Once such request is raised, we will help troubleshoot/ resolve any issues that you may face, over our customer support mail i.e., email@example.com. In the event the issue remains unresolved, and if eligible, you are requested to visit your products nearest service provider. To know more about the service centers' you can go through Perikart’s return policy.
The Perikart.com Returns policy will apply to ‘open box verification’ eligible orders, except to the extent that – if a product is (a) delivered in a physically damaged condition; (b) is missing; or (c) is different from what was ordered. You should refuse delivery of such products (instead of returning them within 5 days as per the general return policy).
The customer acknowledges and agrees that, once the order has been successfully delivered, return requests based on damaged conditions, missing parts or accessories, or being completely different from what was ordered are not accepted under Perikart’s Return Policy (https://perikart.com/return-policy). You have the option of not verifying the product or parts thereof at the time of delivery, but we cannot accept those requests.
A video must also be recorded while unpacking your open box ordered product and be kept by you until you accept the order and pay for the same (applicable for COD). If required this video will be inspected by perikart’s team on legal terms if any open box item is returned without being accepted by you because of the above mentioned reasons.
Perikart is not liable for the quality of the products that the seller provides its customers, but one can definitely mail us about the same at firstname.lastname@example.org and we will take appropriate action accordingly.
NOTE: These Terms and Conditions may be altered, modified, changed, or deleted by PERIKART at any time without notice.
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