These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.


ACCESS TO THE APP:- 

Accessing, browsing or otherwise using the App will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under Terms of Use and binding policies hereof. By using the App, You declare to have carefully read, understood and agree to be bound by these Terms of Use. Pencil  Electronics may at its sole discretion allow or disallow access to App and reserves the right to change any of the terms and conditions contained herein at any point in time. It is Your responsibility to periodically review these Terms of Use any update and changes and Your continued use of the App will be considered as Your acceptance to such updates and changes.

ELIGIBILITY

You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the services of the App should do so through Your legal guardian in accordance with applicable law. 

If You are using the App on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the App.

Pencilelectronics.com reserves the right to refuse access to use the services offered at the App to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

COMPLIANCE REQUIREMENTS

Every User of the App shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the App.

USER ACCOUNT

You may be required to register and set up an account (“Account”) for using the App by entering an email address and password or by using any permitted social media the App account to sign in ("Account Information"). Pencil  Electronics as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The App will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through Customer Support.

You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt under the App’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.

PAYMENT POLICY

Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.

We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc. Pencilelectronics.com may also offers industry-leading solution for Cash on Delivery.

All payments for purchases made by You on the App shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Pencil  Electronics, You will be sent a notification by email or SMS at the email address or mobile number provided to Pencil  Electronics confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. Pencil  Electronics reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.

Credit and Debit Card

Pencil  Electronics accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to Your issuing bank's site, where You will have to follow the instruction to complete the payment.

Net Banking

You can make payment for an order by using Your Net Banking account. The App accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank's site where You will be able to make payment after entering in Your login id and password that is known only to You.

EMI Payments

EMI is one of the payment methods available on Pencil  Electronics for Your convenience which allows You to pay for Your orders easily. The equated monthly instalments payment method is only available for customers using certain credit cards as per the relevant terms and conditions being in force. Applicable charges/fees/costs, if any, levied by the Bank for facilitating EMI, shall be directly and solely borne by the Customer.  Pencil  Electronics does not  charge any processing or convenience fee for the said purpose.  Any dispute in this regard shall be directly dealt by the Customer with the Bank and Pencil  Electronics shall not be held liable in any case, whatsoever.

Cash on Delivery

Cash on Delivery is one of the payment methods for making purchases on Pencilelectronics.com CLiQ where You don't have to make any advance payment.

Cash on Delivery is available as a payment method for all eligible products on Pencilelectronics.com. Eligible products will be indicated by the message [‘Eligible for Cash on Delivery’] on the [‘product order page’] for delivery in certain pin codes.

Issues with Payments - Pending Payments:

Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

1.        Incorrect debit or credit card details are entered.

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

3.       The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.

4.       The connection between Pencil  Electronics and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.

5.       Card or bank or issuer is not recognized by Pencil  Electronics .

6.       Incorrect login or password details are entered.

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

If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. Pencil  Electronics  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.

Issuing Bank Terms and Conditions

Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.

Requirements of Permanent Account Number (PAN)

For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), You will be required to upload a copy of Your PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by You will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between Your name in Account with Pencil  Electronics the name printed on the PAN card.

The requirement to provide a copy of PAN card is one time activity and You don’t need to submit it again.

DELIVERY POLICY
Shipping Address

Your shipping address and pin code will be verified with the database of Pencil  Electronics  before You proceed to pay for Your purchase. In the event 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. You can make purchases on the App from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.

 When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and Pencil  Electronics will have no liability in this regard.

Delivery to Partner Store (subject to the availability of function and the facilities by seller)

Instead of delivering the order to Your shipping address, You can choose to have Your product delivered to a partner store so You can pick-up the package from the partner store at Your convenience. On Your collecting the package You will receive a notification by email or SMS at the email address or mobile number provided to Pencil  Electronics confirming delivery of the product. Click here to get a list of our partner stores. If You do not collect the product from the partner store within allowed time, the product will be returned to the seller and Your order will be cancelled. No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options.

Delivery by Pencil  Electronics  or Seller

The delivery of the ordered products from the seller to You will be made by logistics service providers assigned by Pencil  Electronics or Sellers. However, large and bulky products such as televisions, refrigerators, air-conditioners, etc. may be delivered to You directly by the seller. Deliveries cannot be rescheduled after the order has been placed.

The logistics service provider assigned by Pencil  Electronics will make a maximum of three [3] attempts to deliver Your order. In case You are not reachable, available or do not accept delivery of products in these attempts Pencil  Electronics reserves the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to Pencil  Electronics. The cancelled order is returned to seller. You agree not to hold Pencil  Electronics liable for any cancellation.

If You wish to request the App to resend the product, You can do so by placing a new order for the product on the terms set out on the [‘product order page’] when You place the new order. Your order will be accepted subject to availability of the product.

In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, Pencil  Electronics will not be responsible for the non-delivery of the product.

Title and risk of loss for all products ordered by You shall pass on to You upon delivery of the products at the shipping address provided by You.

Multiple Product Orders

In case You order multiple products in one transaction, Pencil  Electronics would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues or the location of seller and You may receive the products separately and at different times. 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 shipping addresses.

Missing Items

In the event, the product package received by You is missing one or more products or accessories or does not include the freebie or the order is partly delivered, You should inform Pencil  Electronics through the Customer Care Team within 5 days of delivery date of the package. Missing products claims will not be accepted after 5 days from delivery date.

When a package delivered is missing one or more products or accessories, You are requested to return the original package delivered to the seller in accordance with the Return Policy.

In the event of dispute, Pencil  Electronics will coordinate with You and the seller to reach an amicable solution. Pencil  Electronics is only a facilitating link between You and the seller and will not be liable in any manner.

Refusal of Delivery

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 Pencil  Electronics within 5 days of delivery date.

You are requested to 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 returns policy

In the event of dispute, Pencil  Electronics will coordinate with You and the seller to reach an amicable solution. Pencil  Electronics is only a facilitating link between You and the seller and will not be liable in any manner.

Delivery Time

An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing Your order, You will receive an email or SMS at the email address or mobile number provided to Pencil  Electronics containing a summary of the order and also the estimated delivery time to Your location. The seller may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period of time is to be added to the shipping speed You choose.

Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

About Delayed Delivery

Sometimes, delivery may take longer due to:

1.                    Bad weather.

2.                   Transportation delays.

3.                  Natural calamities.

4.                  Political disruptions.

5.                  Logistics service provider related challenges.

6.                  Product lost in transit.

7.                   Regional or national holidays which are considered as delivery holidays.

8.                  Other unforeseen circumstances or events beyond the control of Pencil  Electronics or logistics service provider.

If the estimated delivery date has passed and You still have not received Your order, please contact us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.

Pencil  Electronics will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to Pencil  Electronics if any product in the order is unavailable or is delayed or lost in transit.

Shipping Charges

You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will appear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller’s is located in a different area. Delivery charges will vary according to pin codes as well as type of product.

Open delivery

Pencil  Electronics reserves the right to provide Open delivery or not. Open delivery service which is provided by Pencil  Electronics with some Specifics logistics service providers. Open delivery depends upon our logistics service provider’s service dependencies. You can’t open parcel if logistics service provider doesn’t allow and in such event, You have a right to accept the parcel after paying the amount and thereafter You can use our hassle-free return policy.

Please refer to the Return and Refund Policies, if You wish to return the delivered product to Pencil  Electronics.

RETURN POLICY

Reasons for Return

Return Policy makes it possible for You to return a product if You receive a damaged or defective product or if the product is significantly different from what was purchased or when the package delivered is missing one or more products or accessories. Return Policy here should be read in conjunction with the any specific terms and conditions applicable to a product which can be found on product descriptions page for returning a product.

Conditions for Return

In order to return any product sold through the App, You are required to comply with the below mentioned conditions, viz.:

1.        The return has to be in compliance with the Return Policy associated with the product category.

2.       Pencil  Electronics should be notified of the receipt of a damaged or defective product or if the product is significantly different from what was purchased, within period mentioned in the returns policy.

3.       Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to You.

4.       The return packages should be strongly and adequately packaged so that there is no damage of products during transit.

5.       The returned products are subject to verification and quality checks by the sellers selling on Pencil  Electronics in order to determine the legitimacy of the complaint or return.

6.       If You have chosen the partner store option for delivery of the order and wish to return the product, You should return the product to the same store from where You collected the order or to other store that the partner might allow from time to time. You should return the product in original and unused condition along with all original price tags, labels, packing, barcodes, user manuals, warranty card and invoices, accessories, freebies and boxesreceived. Store reserves the right to accept the product and after quality check.

7.       You should fill the Return Form provided by Pencil  Electronics with the originally delivered package or make available to You over email or account and include it in the returned package. Return requests are not processed if the Return Form is incomplete or absent in the returned package received. The reason for return should be stated in the Return form. You should additionally fill out the delivery sheet used by the logistics service providers and note down any damaged or tampered condition of the delivered package.

8.       The return has to be in compliance with the return policy of the seller or the manufacturer of the product where applicable.

Non-returnable Products

All products cannot be returned. Some of the products that cannot be returned are:

1.        Innerwear, lingerie, socks, clothing freebies and swimsuits.

2.       Perfumes, personal and beauty care or other consumables.

3.       Products that have been used or installed.

4.       Products damaged due to misuse of product or products having incidental damages due to malfunctioning.

5.       A product with defects not covered under manufacturer’s warranty.

6.       Products with tampered or missing serial numbers.

7.       Personalised or engraved products or resized products.   

8.       Product sold in sets or combination cannot be returned individually.

9.       Any other product depending upon the Return Policy in force.

10.    Software, Video Games (discs), printer cartridges.

If You are unable to inform Pencil  Electronics of the receipt of a damaged or defective product or the product is not as per specifications of Your order or the package delivered is missing one or more products or accessories as per the returns policy and procedure, Pencil  Electronics or Seller shall not be obliged to accept the returned product or be liable in this regard. In the event, such product is sent to Seller, the product will be returned to the Customer and the same needs to be accepted from Seller or assigned logistics service provider. Pencil  Electronics or seller will not be responsible if the product is not accepted and no refund will be issued.

Damaged, Defective or Other Non-conforming Products

Returns of damaged, defective or other products eligible for return are accepted as under:

i.            In the event You receive a damaged or defective product or a product that does not comply with the specifications as per Your original or the product is delivered after the expected delivery period or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy, You are required to get in touch with the Customer Care Team through any of the below mentioned channels or submit a return request online (if such facility is available) as per the Returns Policy.

ii.          Upon receiving Your return request, Pencil  Electronics shall verify the authenticity and the nature of the request and if the request is genuine, Pencil  Electronics will inform the seller of the return request and will ask the seller for a refund to be processed upon the receipt and quality check of the returned product. It will take a minimum of [ 4-6] business days to process Your request for return of products.

iii.        Pencil  Electronics or Seller may arrange for pick-up of the product through an assigned logistics service provider. You will receive an email or SMS notification at Your email address or mobile number provided to Pencil  Electronics. In the event Pencil  Electronics is unable to arrange pick-up, Pencil  Electronics will notify You regarding the same and You will be required to send the product to the seller at the provided address using a reputed courier service in Your area.

iv.         For return of large and bulky products such as televisions, refrigerators, air-conditioners, etc. the seller will arrange for pickup.

v.          If Your pin code is not serviceable, Pencil  Electronics may ask You to ship the product to the seller using a relevant and available logistics service provider or Indian Postal services. Customers are required to submit the shipping information of the self-ship by contact Customer Service. In the event the details are not provided and the shipment arrives without returns form or invoice, the refund may be delayed.

vi.         Upon receipt of the returned product by the seller and successful completion of the quality check, You will receive an email or SMS confirmation at the email address or mobile number provided to Pencil  Electronics.  

vii.       You will be refunded the product cost along with taxes and shipping charges, if any. Courier freight charges You paid to courier or shipping service for returning the product to seller will be reimbursed as per method agreed with You.

You expressly acknowledge that the seller is solely responsible for the damaged or defective product or a product that does not meet the specifications of Your original order or delayed delivery of the order or delivery of the package with one or more products or accessories missing and for any claims that You may have in relation to such products and Pencil  Electronics shall not in any manner be held liable for the same. In the event of dispute, Pencil  Electronics will coordinate with You and the seller to reach an amicable solution. Pencil  Electronics is only a facilitating link and an Intermediary as per definition under Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Pencil  Electronics will not be liable in any manner.

Dead on Arrival Products

In the event, You receive an electronic or technological product that is has manufacturing defect or is dead on arrival, You should inform Pencil  Electronics the period defined in the returns policy and place a request for return by following the procedure defined in the Returns Policy. You may be asked to obtain a manufacturer defect or Dead on Arrival certificate from the manufacturer or an authorised service centre of the manufacturer. This certificate will have to be produced to Pencil  Electronics for processing Your return request and sent to seller along with the product Pencil  Electronics may engage with a third party at its own discretion to help Customers obtain this certificate and cannot be held responsible for any delay or mishandling of products. If the products are found to be working or the defect is caused to any mishandling, product will be returned back to You. Customers are required to accept the return

In case a dead-on arrival certificate cannot be issued by an authorised service centre of the manufacturer, You will be required to get the product serviced or repaired as per warranty provided by the manufacturer and Pencil  Electronics will not be liable in any manner. In the event the certificate provided as dead on arrival certificate is disputed by the manufacturer or deemed as invalid, the product will be returned to You and Pencil  Electronics will not be liable in any manner.

Period for Return
Please refer “Know More” section of the product information page for the Period of Return i.e. period within which a product delivered can be returned by the Buyer subject to the other terms and conditions of the Return Policy contained hereunder.

Cancellation of Return Request

A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and You want to cancel the request, You may choose to inform the logistics service provider that You do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to Pencil  Electronics cancelling Your return request.

Refusal of Return Request

Pencil  Electronics reserves the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, You will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. You agree not to dispute the decision made by Pencil  Electronics and accept Pencil  Electronics’s decision regarding the refusal or cancellation and further agree not hold Pencil  Electronics liable for any refusal or cancellation.

Frivolous Complaints

In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, Pencil  Electronics reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Pencil  Electronics in this regard.

Return Shipping Process

Self-send Process

In case of return of products initiated and subsequent courier of the product by You, if it is found that the returned product was not delivered to the seller or any other designated location specified or the package was empty, the onus shall be on You to prove through submission of proof of delivery from the concerned courier service provider to establish Your claim of return. Self-courier of returns should be initiated within the periods specified in the Pencil  Electronics’s Returns Policy. Pencil  Electronics is not liable to process the return request until satisfactory proof of delivery is provided to Pencil  Electronics.

In case of damage claims, Pencil  Electronics may ask for pictures of the damaged product before it is approved or allowed for return.

For return shipping managed by Pencil  Electronics, You will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and You are unavailable or not ready to handover the product, Pencil  Electronics or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by the seller and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned. Pencil  Electronics will not be liable for the products returned by mistake.

In th event where a product not belonging to the seller selling on Pencil  Electronics is returned by mistake, Pencil  Electronics is not accountable for such misplacement and is not responsible for its delivery back to You or any costs incurred by You or any refund.

Discrepancy Between Information Provided by You and Our Logistics Service Provider

In case of any discrepancy in the status of pick-up of a product arranged by Pencil  Electronics, (where You claim the product has been returned, while our system suggests otherwise) refund will be initiated only if You successfully furnish the courier slip given by the Pencil  Electronics assigned logistics service provider at the time of the pick-up.

In case where a seller or designated return location claims that the product received from You is different or the return of the product is not in compliance with the Returns Policy, the product will be dispatched back to Your shipping address and You are required to receive and accept the package. In the event of dispute, Pencil  Electronics will coordinate with You and the seller to reach an amicable solution. Pencil  Electronics is only a facilitating link between You and the seller and will not be liable in any manner.

ORDER CANCELLATION POLICY

Cancellation of an order can be done either by Pencil  Electronics or by You as under:

Cancellation by Pencil  Electronics

Pencil  Electronics has the discretion to cancel an order. Some of the reasons for cancellation are as under (not being exhaustive list of reasons):

                I.       Your failure to comply with any of these terms.

              II.       Product is unavailable with the seller.

            III.       Technical errors or issues.

           IV.       Any reason identified by Pencil  Electronics's credit and fraud avoidance team.

             V.       Invalid address or wrong address is given in order details.

           VI.       Malpractices used to place the order.

         VII.       Bulk order is placed for the likely commercial resale.

       VIII.       Multiple orders are placed for same product at the same address.

           IX.       Order is undelivered after three (3) attempts.

             X.       EMI offer is rejected by the bank.

           XI.       Failure to collect the order from partner store within stipulated time.

         XII.     Pricing or specifications on any product as is shown on the App due to typographical error or incorrect information inadvertently provided by the seller or some technical glitch, resulting into incorrect pricing or specifications.

Notwithstanding anything contained hereunder, Pencil  Electronics reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, You will be sent a notification email or SMS at the email address or mobile number provided to Pencil  Electronics.

You agree to release and indemnify Pencil  Electronics, its officers and representatives from any cost, damage, liability or any of the actions in case of cancellation of Your Order by Pencil  Electronics or seller.

Cancellation by You

You may cancel an order for any reason, although cancellation by You must be done before the product has been shipped for delivery to You. No cancellation is permitted subsequently.

You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling or emailing Customer Care Team or in Your account on the App through ‘my account’. You should state the reason for such cancellation. Pencil  Electronics will process the request for cancellation as per the policy in force.

If an order has been successfully cancelled, You will be sent a confirmation email or SMS at the email address or mobile number provided to Pencil  Electronics.

Pencil  Electronics reserves the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold Pencil  Electronics liable for any rejection of order cancellations.

You will receive a refund for Your cancelled orders that have been accepted in accordance with the Refund Policy.

REFUND POLICY

Refunds

Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy.

Refund is made for the full amount of the order or part order successfully cancelled that was paid by You for the delivery of the order.

For return requests, the refund of payment is made after the returned product has been received by the seller and has passed the quality checks. The entire product cost along with any taxes and shipping charges if any will be refunded to You.

If any refund is received by You pending the quality checks, You will hold such amounts in trust on behalf of Pencil  Electronics until conclusion of such quality checks unless claimed by Pencil  Electronics any time before that. If You are in receipt of any wrongful refunded or payment, You will transfer such amount back to Pencil  Electronics within 3 days of You receiving such amount.

No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options. Refund of Cash on Delivery orders returned by You may subject to levy of a charge which will be deducted from Your refund amount.

Time Period for Refunds

Refunds are normally processed within 1-6 working days after the completion of quality checks of product returned and further depends on various banking and payment channels.

Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded. 

Pencil  Electronics is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

Mode of Refund

The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to Your source account. Refunds are paid back to the source of payment.

Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to Your bank account.

Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to Your bank account via NEFT or to Your wallet account depending on the discretion of Pencil  Electronics.

You will need to update the bank account number and IFSC code to enable us to process a refund to Your account. Refunds cannot be processed to third-party accounts, i.e. the name on Your Pencil  Electronics account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to Pencil  Electronics will be sent to You.

All refunds by cheque will be in form of "at par" cheques or via online transfer; basis sole discretion of Pencil  Electronics.

Terminated Payment Mode

If the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from Your bank, we will send You an email asking You to call us. When You call us, we will collect Your address where You want the cheque to be sent, and proceed with the refund. Please refer to our Payment Policy for further details.

You explicitly give Your consent to receiving communications (by SMS, email or other mode of communication) sent to You by Pencil  Electronics, however, You may withdraw Your consent any time at Your sole discretion.

OFFER FOR SALE

Listing of Products

Pencil  Electronics through the App makes available a variety of branded products and merchandise of the sellers for sale to buyers. Sellers who have agreed to sell their products on the App list their products on the App. Purchase and sale of such products will be subject to these Terms.

All product and price information, deals and offers related to the products are provided by the seller to Pencil  Electronics for inclusion on the App and the sellers are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the products offered on the App. Separate contracts govern the relationship between Pencil  Electronics and sellers for display and sale of their products on the App. These Terms do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between Pencil  Electronics and such sellers as set forth in such separate contracts.

Pencil  Electronics does not endorse or warrant the quality, quantity, stability, use, price or other specifications of the products offered for sale by the sellers and purchased by buyers on the App or for any defects, deficiencies, shortcomings, errors or omissions in relation to the products. Please make sure You have read the product listing information before placing an order.

Ordering

It is not compulsory for You to have an account on the App to buy the products. You can shop by using a valid email address, mobile number and details while placing orders. You will be informed of the receipt of the order by email or SMS on the email address or the mobile number provided by You to Pencil  Electronics.

You can select any product or seller of Your choice from the [‘product order page’] of the App and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, You should provide the shipping address within India and make payment of the product price or choose payment on delivery as per the payment method for eligible products.

You can also call or email the Customer Care Team to place an order for products eligible for payment on delivery.

Once the App receives a confirmation of Your order from the seller and confirms Your order, You will receive an email and SMS informing You of the order confirmation. The email will also provide You with details of Your order including order ID, information on the products ordered, as well as the expected delivery time.

You understand that by ordering a product using the App, You are entering into a binding contract with the seller of the product to purchase the product using the facilities available on the App.

You agree that the seller is the owner of the products and all the ownership rights and property of, in and upon the products listed on the App, until transferred to the buyer of the products, shall vest in the seller of the products. The seller confirms and undertakes the seller’s ownership of the products and confirms that the seller shall at all times have marketable and legal ownership and title in respect of all products offered on the App and shall pass on marketable and legal ownership and title of the product to You upon completion of the transaction.

The buyer and seller acknowledge that the Terms of the App do not cover products sold by the seller and bought by the buyer from the seller other than through the App. You should not try to contact other potential buyers to warn them about one or more sellers. If You have a concern about a seller's behaviour, please report it to our Customer Care Team and we will endeavour to investigate.

You confirm that the products ordered by You are purchased for Your internal or personal use and not for re-sale. You authorize the seller and the App to declare and provide declarations to any governmental authority on Your behalf stating the aforesaid purpose of the products ordered by You on the App.

Delivery

The seller delivers the ordered products either directly or by availing the services of the App through its logistics service providers in terms of the Delivery Policy. The App may change the Delivery Policy without any notice. For more details, please review the Delivery Policy.

Pricing and Payments.

The App lists availability and pricing information of products on the product display pages of the App.

All prices are inclusive of Value Added Tax and Central Sales Tax unless stated otherwise. Products in Your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product's price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time You actually purchase it. Products that are marked as 'Out of Stock' are not available for purchase.

The price of products offered by the seller on the App is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with applicable laws. Sellers may or may not specify this information on the App, and You are advised to independently determine the MRP of such products if You so desire. 

The App shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems appropriate, for and on behalf of the sellers of the products. The seller or Pencil  Electronics will arrange logistics for delivery of large and bulky products such as televisions, refrigerators, air conditioners etc., to the buyer.

By purchasing the products using the App and authorizing the App to process the payment, You agree, accept and understand that the App as part of its services, is only a facilitator providing an automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the products.

For more details, please review the Payment Policy applicable to the products ordered from the sellers. The App may change the Payment Policy without any notice.

Returns and Cancellation

All products which are not delivered to You or returned by You in accordance with the Return Policy will be returned to the seller of the products.

Return and cancellation of the products may be initiated in accordance with the App’s policies. Please review the Returns Policy and Cancellation Policy as applicable to the products purchased by You. The App may change the Returns Policy and Cancellation Policy without any notice.

Taxes

You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and You agree to bear any and all applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.

No Warranty

All products or services are made available through the App on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable law and Pencil  Electronics does not accept any liability for any defects, deficiencies, short comings, errors or omissions.

Pencil  Electronics does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the App. The prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. Pencil  Electronics does not have any control over such information and plays no determinative role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

The buyer acknowledges that before placing an order for a product the buyer has performed a diligence and background check of the sellers of the product, their creditworthiness, genuineness of the product and is entering into the transaction being aware of these Terms.

The buyer acknowledges that the product images are indicative in nature and actual product may differ from the image. The buyer further acknowledges that services provided by the App are being provided by Pencil  Electronics as an independent contractor, and Pencil  Electronics is in no manner acting as an agent, partner or joint venture partner of either the seller or of a third party.

The buyer acknowledges and understands that the buyer cannot claim any compensation from Pencil  Electronics, other than refund for the amount paid by buyer while ordering, for any reason, not limited to but including: (i) if the final product or its quality, quantity or specifications does not meet buyer’s expectation; (ii) there is any special, incidental, indirect or consequential damage caused to the buyer by the product purchased; (iii) opportunities missed by buyer for availing any offers or discounts on the App for any reason whatsoever; (iv) delivery delays due to any unforeseen circumstances by Pencil  Electronics or its assigned logistics service providers; (v) deactivation or expiry of a valid voucher, coupon or promo code issued by Pencil  Electronics; (vi) buyer faces any issues with logistics service provider’s personnel.

Being a marketplace and intermediary (except where title of the product is held by Pencil  Electronics), Pencil  Electronics holds no title in the products at any time, and sale of any product is a transaction restricted between You and the seller of Your choice. The contract of sale is purely a bipartite contract between You and the seller and Pencil  Electronics is not responsible for any claims arising from such a contract and Pencil  Electronics will not be considered a party to any claim or proceeding arising from such sale and accordingly, You absolve Pencil  Electronics from any such claim by You. In case of any dispute Pencil  Electronics is not obliged to mediate or resolve any dispute between buyer and seller. 

Communications

 You will be required to provide a valid email address and phone number in order to avail the services provided by the App, including and not limited to placing orders for buying the products. By registering Your email address and phone number with the App, You consent to be contacted by the App via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The App may notify or communicate with You by e-mail, SMS, phone or by posting notices on the App or by any other mode of communication.

Severability

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions.

The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Force majeure.

Notwithstanding anything contained in these Terms or elsewhere, Pencil  Electronics shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event"means any event that is beyond Pencil  Electronics’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

Disputes

All complaints relating to the products purchased from the App are routed through the Customer Care Team of the App. The seller is responsible to resolve any complaints regarding the product that may be raised by the buyer and other complaints to the satisfaction of the buyer. The App is only the facilitating link between the buyer and the seller of the product for any complaints in relation to the products sold by the seller. All buyer complaints, product complaints and transaction failure complaints shall solely be to the seller’s account and the seller shall undertake all necessary steps as may be required as per the complaint or redressal mechanism of the App to resolve the complaints at the seller’s own initiative and cost. The App is not in any way responsible for ensuring resolution of the complaints and the App shall not in any manner either directly or indirectly be liable for any claims or proceedings made by any User in relation to the products provided on or through the App or otherwise.

COVENANTS

The App is only a platform that can be used by users to reach a larger base to buy and sell products. Pencil  Electronics is only providing a platform for communication and the contract for sale of the products shall be a strictly bipartite contract between the buyer and the seller. Except the cases where Pencil  Electronics is the seller, at no time shall Pencil  Electronics hold any right, title or interest over the products or have any obligations or liabilities in respect of such bipartite contract entered into between the buyer and seller.

Users of the App may upload and display the images and information of their products offered for sale on the App’s online platform. Such display of the User’s products or related information on the App in no manner can be treated or construed as an endorsement or advertisement of such products by Pencil  Electronics.  

Provision of a specific service through the online platform of the App will be subject to users agreeing and consenting to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise, if any, as applicable to such service (“Additional Terms“) and if there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that specific service.

You agree to use the App and the materials provided on the App only for purposes that are permitted by these Terms and any applicable law. You shall not use or access the App in a manner that prejudicially affects the interests and goodwill of the App, Pencil  Electronics or its affiliates or associates.

You agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the App are not false, incomplete, distorted, manipulated, fraudulent or misleading.  By way of example, and not as a limitation, You agree and undertake that while using or accessing the App, You will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) that:

(i)                  belongs to another person and to which You do not have any right to;

(ii)                is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging;

(iii)              is relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

(iv)              harms minors in any way;

(v)                provides material that exploits people in a sexual or otherwise in an inappropriate manner or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986;

(vi)              infringes any patent, trademark, copyright or other proprietary rights;

(vii)             violates any law for the time being in force;

(viii)           deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,

(ix)              impersonate another person;

(x)                tries to gain unauthorized access or exceeds the access or illegally or unethically;

(xi)              contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(xii)            threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and

(xiii)           may create any kind of liability for Pencil  Electronics or our affiliates. 

Pencil  Electronics disclaims all liabilities arising in relation to such Objectionable Content on the App. Any User if exposed to such Objectionable Content as aforesaid is requested to immediately report the same to the Grievance Officer in the manner provided under these Terms of Use and the App will endeavour to remove such content as soon as possible after investigation.

You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

Sometimes You may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the App, unless User have been specifically allowed to do so in a separate agreement with Pencil  Electronics. You should not do anything that disables, overburdens, or impair the proper functioning of the App. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the App.

You undertake not to attempt to circumvent or modify any security technology or software that is part of the App and agree not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the App or try not obscure or obstruct any features of the App. You undertake not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof without a specific written permission from Pencil  Electronics to do so.

The App lists multiple products for sale offered by sellers and hosts comments of numerous users and it is not possible for Pencil  Electronics to be aware of the contents of each product listed for sale, or each comment or review that is displayed. You acknowledge and agree that by accessing or using the App or availing the services, User may be exposed to content that the User may consider offensive, indecent or otherwise objectionable.

Pencil  Electronics is not the seller of the products and Pencil  Electronics shall in no manner be deemed to be the seller of the products on the App. Pencil  Electronics is only facilitating purchase of the products by the User from the vendors by providing use and access to the App.

You explicitly and expressly consent to receive communications from Pencil  Electronics in relation to Your use and access of the App and its services and agree that such communications shall not be treated as an unsolicited communication.

If App is used by You from outside India, it is entirely at Your risk. Pencil  Electronics makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the App is used and accessed from or in locations outside India, You shall ensure that the usage of the App is legal and valid under applicable law of the User’s location. You agree to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the App from or in any location outside India. You acknowledge that for accessing the App from any location outside India, Pencil  Electronics may ask You to enter into separate or additional terms as may be required from time to time. 

INFRASTRUCTURE
                                                   
To use the App, You require Internet connectivity or appropriate telecommunication links and the App’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. Pencil  Electronics shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for User to use and access the App nor shall be liable for any costs incurred on account of Your usage of Internet or appropriate telecommunication links usage. Pencil  Electronics would not be liable for damages, viruses or other code that may affect the Your computer system, resource, terminal, server, equipment, mobile or any other devices while using the App and Pencil  Electronics does not warrant that the App will be compatible with all hardware and software used by the User. You must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the App. 

USE OF CONTENT

You grant Pencil  Electronics and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use Your name in connection with such content.

You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to Pencil  Electronics.

The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the App; that, as at the date that the content or material is submitted to the App: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the App’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.


THIRD PARTY WEBSITES

The App may contain links to other websites and the App are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of Pencil  Electronics and You are encouraged to read the terms of use and privacy policy of each and every linked website before accessing any of the third-party websites linked to the App and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and Pencil  Electronics shall not be responsible in any manner whatsoever. 

INTELLECTUAL PROPERTY RIGHTS

All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pencil  Electronics, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors' rights and database right laws. The compilation of all content on the App is the exclusive property of Pencil  Electronics, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this App is the property of Pencil  Electronics, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.

Pencil  Electronics grants You a limited licence to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pencil  Electronics. This licence does not include any resale or commercial use of the contents of the App; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller.

The trademarks, logos and service marks displayed on the App ("Marks") are the properties of Pencil  Electronics or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of Pencil  Electronics, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

Pencil  Electronics owns all intellectual property rights to and into the trademark "Pencil  Electronics,” and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the App or owned by Pencil  Electronics.

You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  content or the intellectual property rights of the App or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Pencil  Electronics and on happening of any such event Pencil  Electronics reserves the right to immediately discontinue the App services to such User without prejudice Pencil  Electronics’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the App to illegally and unlawfully exploit the content or intellectual property rights owned by Pencil  Electronics or content suppliers or third party as the case is.

Trademark Infringement Complaints

Pencil  Electronics fully respects Intellectual Property (IP) Rights of the IP owners. In case You feel that Your Trademark has been infringed, You may write us at grievance.officer@tatacliq.com with the subject line as “Trademark Infringement Complaint” with complete details viz. Your name and contact address, particulars of Your IP and products listed on App allegedly infringing Your IP,  

FEE

Users can use and access the App free of charge. However, at any time in future, after duly notifying in advance, Pencil  Electronics reserves its right to charge the users for the use of the App and provisioning of the services through the App as per applicable Indian law.

NOTICE PROCEDURE

If You believes that any Objectionable Content is hosted on the App or Your rights are being infringed, users shall immediately inform the Grievance Officer by following the App’s Notice Procedure mentioned below. The App will endeavour to remove such content as soon as possible after investigation.

No untrue or false information or allegation shall be made by You and if found misusing the notifying procedure, Pencil  Electronics reserves the right to terminate Your account and reserves the right to initiate appropriate legal action in this regard.

Upon receipt of a notice, Pencil  Electronics will take appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Pencil  Electronics shall also endeavour to forward a copy of the notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, the User grants to Pencil  Electronics the right to use, reproduce, publish, and display its content throughout the world in any mode medium or manner now known or developed in future. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. If found defaulting You, agree to indemnify Pencil  Electronics for all claims brought by a third party against Pencil  Electronics arising out of or in connection with the submission of a notice.

It is repeated and reiterated that Pencil  Electronics’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and Pencil  Electronics shall in no manner be liable for or in relation to the infringing or Objectionable Content. Pencil  Electronics shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the User against whom the objections are raised. 

DISCLAIMER

You, being User of the App expressly agree that the use of the App is at Your sole risk. The App and the contents uploaded or provide or shared by other users are made available to the User through the App on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and Pencil  Electronics does not accept any liability for any errors or omissions.

Pencil  Electronics shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. Pencil  Electronics shall not mediate or resolve any dispute or disagreement between the User and the sellers or manufacturers of the products.

Pencil  Electronics through the App only provides a platform that users utilize to communicate and transact with one another and Pencil  Electronics does not endorse any products displayed on the App or views expressed or information uploaded by any User. In no event Pencil  Electronics shall be liable for any information, content, materials, products or services available through the App.

The right, title, interest and ownership in the products that are transacted by the users through the App does not vest with Pencil  Electronics and Pencil  Electronics holds no right, title or ownership over such products. The offer and acceptance of products through the App is at the User’s sole risk and Pencil  Electronics accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the App.

Pencil  Electronics hereby disclaims any guarantees of exactness as to the finish and appearance of the product as ordered by and delivered to the User. The quality or quantity of any products, information or other material purchased or obtained by You through the App that may not meet Your expectations.

The App could also be linked to third party websites and Pencil  Electronics assumes no responsibility for results obtained from the use of these websites.

Pencil  Electronics makes no assurances that the App is bug free and User friendly or the safety of the use of the App. Pencil  Electronics including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the App.  

Pencil  Electronics does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. App disclaims all liability for losses or damages caused by any such interruption or errors in functioning. Pencil  Electronics also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the App due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

To the maximum extent permitted by applicable law, Pencil  Electronics will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Pencil  Electronics also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.

Pencil  Electronics will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge.  Pencil  Electronics shall not be liable for any third-party product, the advertisement available on e-mail or App with respect to the third-party website or the products and services are for information purpose only.

LIMITATION OF LIABILITY

In no event Pencil  Electronics including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the App whether based on warranty, contract, tort (including negligence) or in any other means or action.

You acknowledge that Pencil  Electronics is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Pencil  Electronics will not be held liable for any act of seller or other third party service provider.

Without prejudice, it is agreed by You that Pencil  Electronics including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 1,000/- (Rupees One Thousand) subject to applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.

INDEMNITY

You  agree to indemnify and hold harmless Pencil  Electronics including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Pencil  Electronics’s service or Additional Terms or theseTerms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.

TERMINATION

Pencil  Electronics reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Pencil  Electronics’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the App and shall be taken into consideration whenever necessary.

Pencil  Electronics will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, Pencil  Electronics reserves its right to terminate the services if such provision of services to the users is not economically viable for Pencil  Electronics. Users may choose to discontinue availing services and facilities provided through the App by closing the User account with the App.

On termination of the User account, the User is not eligible to purchase or sell products through the App. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the App by the User shall be removed by Pencil  Electronics. 

Post termination of the services provided to the User through the App, the User’s personal information would reside in the App’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Pencil  Electronics’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the App post termination of the service provided through the App, the User shall be prosecuted by Pencil  Electronics. The User shall be also liable to compensate Pencil  Electronics for any unauthorized use of the App.

MISCELLANEOUS

 Location Based Services : With your location permission, our App/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location based Services. We won't follow you all the time, but can help you find the nearest Pencil  Electronics partner/Brand  store with Brand News, offers and/or other information based on your profile/liking when you need one.

Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by Pencil  Electronics a legal, valid, and enforceable provision to the extent possible.

Notices: For purposes of service messages and notices about the services to User, the App may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the App to the User. The User agrees that the App may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the App’s service messages and notices are received by the users timely and accurately.

Assignment: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

Pencil  Electronics including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the App’s service messages and notices.

GRIEVANCE OFFICER

In case of any complaints or grievances, the user may contact the Grievance Officer as under User will be contacted with in 48 working hours for redressal.
 

Salmon Rushdhie (Head-CS and Customer Experience)

Email ID: grievance.officer@pencilelectronics.com

Phone number: +91-9966737374

Address: 1th Floor, Chandini Mehal, Brundavana Gardens, 3/3 Cross Road, Guntur, Andhrapradesh India - 400083

 

GOVERNING LAW AND JURISDICTION

The App is owned by Pencilelectronics.com having registered office at Chandini mehal, Brundavana Gardens 3/3 Cross Road Guntur, India - 522007 (Pencil Electronics). Use of the App by the user (“You”/ “User”) is subject to the terms and conditions contained herein.
 

The terms and conditions of this agreement shall be governed by Indian law and the courts in India shall only have exclusive jurisdiction to resolve any disputes.
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