Effective 25 September 2023
This Website www.hmd.com/en_in ("the Website") for India is owned and managed by HMD Mobile India Pvt Ltd ("Brand" or “HMD”), a company incorporated under the Companies Act, 1956 and the order fulfilment on the Website is the responsibility of and is being managed by Rocky Marketing (Chennai) Pvt Ltd ("Seller/Seller on Record"), a company incorporated under the Laws of Companies Act, 1956 and having its registered office at Ground Floor, New Khata No 878/3/Pid No 67-8-878/3, 6th Cross, 6th Block, Koramangala, Bengaluru, Bengaluru Urban, Karnataka-560034. These Seller's standard terms of sale ("Terms of Sale") are an electronic record under Information Technology Act, 2000 and Rules made thereunder and the provisions pertaining to electronic document/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Sale do not require any physical, electronic or digital signature and will be a valid contract under law.
The Terms of Sale and services on the website is governed by the following terms and conditions and the HMD’s Terms of Use. Your transaction on the website is also subject to the policies that are applicable to the website. By using the Website, you are accepting the terms and conditions, including the policies which will create a binding contract with us.
Your use of the services including product reviews, Seller reviews, will be subject to the terms and conditions, rules, guidelines and policies applicable to such use and they shall be deemed to be incorporated into these terms. Seller reserves the right to change, modify, add or remove any terms at any time with or without any notice. It is the responsibility of the User to check the terms for any updates/changes and the continued use of the website thereafter shall be deemed as acceptance to the changes. Your right to use the Website is a personal, non-exclusive, non-transferable limited right. Seller shall have the right to terminate these Terms of Sale without any notice in the event of any violation of the Terms of Sale by you.
For the purpose of these terms, "we", "us", or "our" refers to Seller and "you", "customer", "buyer" or "Your" refers to any natural or legal person who is registering as buyer on the website by providing the registration data.
Services on the Website is only available to persons who are eligible to contract under Indian Contract Act, 1872. A person below the age of 18 years is not eligible to register as a user on the website and HMD and/or Seller reserves the right to terminate the membership and/or refuse to provide access if it is discovered that you are under the age of 18 years.
You warrant that the information you provide for registration on the Website is and shall remain authentic, correct, current and updated. You shall be responsible for keeping your name and password confidential. You will be solely liable for all activities that that occur under your registered name and password. You agree that we have the absolute right to suspend or terminate or block your access on the Website without any prior notice, if any particulars or information submitted or provided by you on the website is incorrect, incomplete, false or not current or in our opinion untrue, misleading or manipulated.
You understand and agree that when using the Website, or communicating with the Website, you are communicating through an electronic medium and you agree to receive communications via electronic medium from us and/or Brand. We and / or Brand may send the communication through email or by other mode of communication, electronic or otherwise.
Seller at its sole discretion, may levy a fee for buying the Products on the Website in accordance with these Terms of Sale. Your continued use of the Website / Services after change in fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Sale to such changes.
Seller and/or Brand may store the information provided by you primarily in electronic form however certain data can also be stored in physical form. You agree that by browsing and continuing to browse or use the website you explicitly give us the permission to use the information, data, pictures or audio ("User Information") provided by you as per the Privacy Policy and you further confirm that by using such information, we are not violating any rights which you have on the information. You hereby grant us and /or Brand a non-exclusive, perpetual, irrevocable, royalty fee, sub-licensable right to exercise the copyright, publicity, database rights or any other rights you have on User Information. If you object to your information being transferred or used in this way, please do not use the Website.
We and/or Brand may store, collect, process and use your data in compliance with applicable laws. We may have agreements with third parties to store or process your information or data and such third parties may have their own security standards to safeguard your information or data. However, we and/or Brand will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information /data.
Links to third-party advertisements, third-party websites or any third-party electronic communication service may be provided on the Website which are operated by third parties. You understand and agree that such links or website are not controlled by, or affiliated to, or associated with Seller unless expressly specified on the Website. Seller will not be responsible for any form of transmission received by you from any such third- party website and Seller does not make any representation or warranty concerning the policies and practices of such third parties. The information provided by You to such third-party websites shall be governed in accordance with the privacy policies of such third-party websites and it is recommended that You review the privacy policy of such third-party websites prior to using such websites.
You agree to provide correct and accurate information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You agree that you will be providing your data and information to a third-party payment gateway service provider and your data shall be also processed in accordance the payment gateway service provider’s privacy policy. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e., in any transaction, You must use your own credit/debit card or pre-paid instrument account. User Information may be shared by us with any third party as necessary, in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Seller expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.
You understand and agree that for making payments for buying the Products on the Website, in addition to the terms hereof, the terms and conditions of Your bank, applicable financial institution and/or card issuing association, third party banking or credit card payment gateway service providers may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Seller or the Brand does not control the same and shall be liable for the same.
You are solely responsible for User Information you are submitting through/on the Web Site. You agree to comply with all laws, rules, statutes, ordinance and other regulations applicable to your use of the Website. You understand that Seller and /or Brand has the right to terminate your right to access the Web Site for any reason that Seller interprets in its sole discretion as an abuse of the Web Site. As a User of the Website, you agree not to:
I. use the Web Site for illegal purposes;
II. interfere or disrupt networks connected to the Web Site;
III. violate any code of conduct or other guidelines applicable for the website. IV. harms minors in any way;
V. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
VI. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
VII. attempt to gain unauthorised access to other computer systems by use of the Web Site; viii) interfere with another User's use and enjoyment of the Web Site;
VIII. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site;
IX. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
X. post, transmit or otherwise make available through the Web Site any false, offensive, obscene, libelous, defamatory, threatening, inaccurate or misleading information;
XI. post, transmit or otherwise make available through the Web Site any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
XII. make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by Us.
XIII. defame, abuse, harass, stalk, hurt religious or ethnic sentiments, threaten or violate the legal rights of others.
XIV. Conduct or forward surveys, contests or chain letters;
XV. attempt to gain unauthorized access to the website or any feature or to any other systems or network or reverse lookup, trace or seek to trace any information on any other User of or visitor to Website or any other customer.
XVI. engage in advertising to, solicitation of other users of the website to buy or sell any products or services.
You agree that You are solely responsible to Seller and to any third party for any breach of Your obligations under these Terms of Sale or agreement and for the consequences (including any loss or damage which Seller or its authorized representatives may suffer) for any such breach.
You further agree that the Users may be allowed to utilize the Website to interact with others for their transaction. Seller is not and will not be a party to or control in any manner any transaction between the Website users. You shall be responsible for any notes, messages, emails, photos, opinions, ideas, or any other material or information posted or transmitted to the website. You grant Seller perpetual transferable rights to use the contents in accordance with Seller's privacy policy.
You acknowledge and agrees that the content posted by any users does not reflect Seller's views. Seller is merely an intermediary for the purpose of this Terms of Sale. In no event Seller will be liable or responsible for any content posted or for any claims, damages or losses resulting from use of content and/ or appearance of the content on the Website. Seller reserves the right to remove or edit any content that in its sole discretion violates or is allegedly violating any applicable laws or Seller's terms and conditions or policy. The parties shall comply with all applicable laws
All the materials, products (including but not limited to the software, if any) and services made available to you through the Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Seller does not warrant that the information on the Website is complete, true, accurate or non-misleading. Further, Seller do not warrant that the, information, content, materials, product or services included or made available to you, their servers or electronics communication from Seller are free of viruses or other harmful components. Seller does not warrant that Product description or other content of this website is accurate, complete, reliable, current or error free and assumes no liability in this regard. In no event shall Seller be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of sale, even if Seller has been informed in advance of the possibility of such damages.
The terms of Sale shall be governed by the laws of India. The place of jurisdiction shall be exclusively in Delhi.
Seller hereby makes an offer to sell the Products listed on the Website and You, upon agreeing to purchase the Products so listed hereby accepts such offer to sell by Seller. You understand and agree that the offer for sale of the Product by Seller is not an absolute or an un-conditional offer, but an invitation to offer. You understand and agree that Seller has the right to cancel any sale transaction for any reason or no reason or under an order or instruction from any statutory, quasi-judicial or judicial authority.
The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product. However, there may be circumstances where the Product may not be available to be delivered to the buyer after the purchase transaction. In such an event, User may cancel or instruct Seller to cancel such purchase transaction without any recourse to User and without any liability to the Seller. If buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the buyer either to the bank account / credit card account provided by the buyer for such reversal, or to the payment instrument of the buyer from which payment was made, or to any payment wallet of the buyer. Seller shall have the sole discretion to determine the mode of reversal from the above options.
With respect to the Product offered by Seller, Seller hereby represents and warrants that:
I. Seller has the right to sell the Products on or through the Website;
II. buyer shall have and enjoy quiet possession of the Products;
III. Products shall be free from any charge or encumbrance in favor of a third party, except as stated in OEM/manufacturer/licensor documentation accompanying the Product;
IV. The Products may carry all the warranties and other collaterals applicable to the Product, as generally made available by the manufacturer or seller of the Product;
V. Product shall conform to the description and specifications as provided on the Website.
Buyer hereby expressly agrees that any Product or Services purchased by the buyer will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. Buyer hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Seller reserves the right to restrict the quantity of a Product a buyer can purchase on the Website.
Buyer agrees that for services related to Products purchased, such as warranty, after-sales or installation services related to a Product, buyer shall directly contact the manufacturer/licensor or brand owner of the Products. However, in the event, buyer contacts Seller for the same, Seller may direct the buyer to the authorized service provider or brand owner or facilitate the provision of such services to the buyer. Seller is not and shall not be obliged to provide any such additional services. Seller's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the brand owner/licensor for the purpose of provision of such additional services.
The Selling Price of the Product is subject to change without notice prior notice. The Selling Price is provided on the Website on 'as is' basis. Due to technical reasons, there may be errors in Selling Price which may be corrected by Seller at any time and any acceptance of offer of sale by the Buyer of the Products. Buyer may cancel such orders which is subject to faulty pricing. Prices are inclusive of taxes and other charges unless stated otherwise.
Seller offers the following payment methods to the Buyer for making the payment:
I. Unified Payment Interface (UPI) II. Credit/Debit card III. Pay Later IV. Net Banking V. Easy Monthly Installments (EMI). VI. Cash on Delivery (COD)
Buyer hereby agrees to make the payments in accordance with these Terms of Sale.
Cash on Delivery – By placing a Cash on Delivery order, the Buyer agrees to pay an upfront convenience fee to the Seller at the time of placing the order. The Buyer acknowledges and agrees that convenience fee is being charged to facilitate the processing of the order. This convenience fee will be incorporated in the total price of the Product. The convenience fee amount will be deducted from the total payable amount by the Buyer. The remaining balance, after deducting the convenience fee, shall constitute the final amount payable by the Buyer at the time of delivery. Failure to pay the remaining balance at the time of delivery will result in cancellation of the order and forfeiture of convenience fee paid by the Buyer.
Moreover, the buyer reserves the right to cancel the order in accordance with Sub-Clause (II) of Clause 2.9 below. In the event, that the buyer fails to accept the delivery of the order for any reason, including refusal or non-availability, the convenience fees paid by the Buyer will be forfeited. The Seller reserves the right to modify or update the terms and conditions regarding convenience fees payment at any time without any prior notice to the buyer.
Buyer will be eligible for refunds in accordance with Clause 2.9 (I) and (III) below.
I. Seller reserves the right to select the delivery model. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on Seller and not on the buyer. Seller represents and warrants that the Products being delivered to the Buyer shall meet the descriptions and specifications as provided on the Website.
II. In the event buyer's order is not serviceable by logistic service providers of Seller or the delivery address is not located in an area that is covered under the order confirmation form, buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider at its own responsibility. Where the buyer’s order is to be delivered on an alternate shipping address buyer shall be responsible for:
(i) Ensuring that the alternate shipping address is complete and correct.
(ii) Procuring the delivered order from the alternate shipping address.
III. Buyer shall be bound to take delivery of the Products purchased by the buyer that are said to be in a deliverable state. Where buyer neglects or refuses to accept the delivery of the Products on ordered by the buyer, the buyer may be liable to Seller for such non-acceptance and shall further be liable to any loss of any fee or charges that Seller has incurred due to refusal of the buyer to take delivery. buyer acknowledges that such damages or loss to are not consequential or indirect.
IV. The title in the Products and other rights and interest in the Products shall directly pass on to the buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the buyer is deemed to have accepted the Products. The risk of loss shall pass on to the buyer upon delivery of Product.
V. Buyer agrees to reasonably check the Product packaging before accepting the delivery of Product and ensure that the Product packaging is not damaged or tampered.
I. Buyer's Product related complaint will be processed in accordance with the Seller Terms herein. The Seller will not entertain any false, frivolous or baseless complaints regarding the delivery or quality of the Products. 10 days replacement: Strictly for Product performance issues only. (Subject to final validation by the Seller/Brand) Replacement only.
II. For Physical damage to the Products, short shipment or missing accessories (subject to final validation by the Seller/Brand) it should be reported to the Seller strictly within 24 hours of delivery of Product, failing which the buyer will not be eligible for redressal of the issue. Except for the events described in Clause 2.10 below, under no circumstances Seller or Brand will be liable for refund of the amount paid by you for purchase of Products. Seller’s or Brand’s sole liability under these Terms of Sale to you is limited to only replacement or repair of the Product as per the Seller Terms and in accordance with manufacturers limited warranty.
I. Cancellation by Seller. There may be certain orders that Seller is unable to accept. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in buyer's order being cancelled include without limitation, non-availability of the Product or quantities ordered by the buyer, inaccuracies or errors in pricing information or any technical error. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to buyer and without any liability to Seller. If buyer's order is so cancelled after the payment has been processed, the said amount received by Seller will be reversed /remitted/refunded to the buyer within a reasonable time (subject to Bank’s policies & mode of payment) either to the bank account provided by the buyer for such reversal or to the payment instrument of the buyer from which payment was made, or to any pre-paid payment instrument account of the buyer. Seller shall have the discretion to determine the mode of reversal from the above options. The above is the sole remedy of the buyer and the sole liability of the Seller for any cancellation of the purchase order by the Seller or otherwise other than by the buyer.
II. Cancellation by the buyer. In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. If Seller receives a cancellation notice within 4 hours of placing an order, Seller may cancel the order and initiate refund of the amount paid to buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
III. Buyer will be eligible for refund in case Seller fails to execute the order after receipt of payment due to a technical error.
In case the Buyer has availed any benefit under any marketing or promotions provided by Seller in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Seller to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer under clause 2.10 above.
I. These Terms of Sale will continue to apply until terminated by either Party. If You want to terminate Your agreement with us, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use. You agree that Seller or the Brand may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if the Brand and/or Seller determines that You have violated the terms of these Terms of Sale or any other agreement(s). You also agree that any violation by You of the agreement(s) will cause irreparable harm to Seller and/or the Brand for which monetary damages may be inadequate, and You consent to the Seller obtaining any injunctive or equitable relief that Seller deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Seller may have at law or in equity.
II. In addition, Seller may, at any time, with or without notice, terminate these Terms of Sale or agreement with you, entirely or partly, if: “Seller is required to do so by law or upon request by any law enforcement or other government agencies;” Seller has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or “In the event Seller faces any unexpected technical issues or problems that prevent working of the Website. You agree that all termination shall be made in Seller’s sole discretion and Seller shall not be liable to You or any third party for any termination of Your Account or Your access to the Website and Services.
III. Notwithstanding the foregoing, these Terms of Sale are meant to survive termination / expiry of these Terms of Sale, will survive indefinitely unless and until Seller chooses to terminate them.
When You use the Website or send emails or other data, information or communication to Seller, You agree and understand that You are communicating with the Brand and/or Seller through electronic records and You consent to receive communications via electronic records periodically and as and when required. Seller will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
Seller will serve all notices with respect to these Terms of Sale to You by email or by general notification on the Website. Any notice provided to Seller pursuant to these Terms of Sale should be in writing and shall be sent by registered or recorded delivery mail, or by facsimile or other electronic means in a form generating a record copy to ‘The Company Secretary, Rocky Marketing (Chennai) Pvt Ltd, having its registered office at Ground Floor, New Khata No 878/3/Pid No 67-8-878/3, 6th Cross, 6th Block, Koramangala, Bengaluru, Bengaluru Urban, Karnataka-560034’ or to the email [email protected]. A Notice shall not be considered or deemed to be served in case it is sent to an address other than the one listed above. However, Seller may hereafter designate a new Address for receipt of Notices, by a written notice.
You cannot assign or otherwise transfer the Terms of Sale, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Seller shall have the right to freely assign or transfer Seller’s rights and/or obligations under the Terms of Sale to any third parties without the requirement of seeking Your prior consent. Seller may inform You of such assignment or transfer in accordance with the notice requirements under the Terms of Sale.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Sale, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Sale shall continue in full force and effect. Seller may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Sale.
Any failure or delay by a party to enforce or exercise any provision of the Terms of Sale, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Sale or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
You and Seller are independent contractors and nothing in these Terms of Sale will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between Seller and You. Seller and You have entered these Terms of Sale on principal- to- principal basis.
Seller do not take responsibility for any event which is outside Seller's reasonable control nor for any consequential loss arising from such an event.
Any feedback You provide to this Website shall be deemed to be non-confidential. Seller and/or Brand shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Seller is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Seller may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Seller for the feedback under any circumstances. Further, You expressly waives any and all rights in any changes or modifications made by Seller to the Website/content/ and/or services based on your feedback.
Any dispute, difference, or question which may arise between the parties hereto or any person claiming under them, concerning formation, performance, interpretation of any clause of these Terms of Sale or the subject-matter thereof, or termination or invalidation of these Terms of Sale shall be referred to the arbitration in accordance with the provisions set forth under the Delhi International Arbitration Centre ("DAC") Arbitration Rules ("the Rules"), by a sole arbitrator appointed in compliance with the Rules.
Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the rules made thereunder shall apply to the arbitration proceedings under this clause. The Arbitrator shall pass award in respect of each dispute or difference referred, which shall be binding on the Parties. The seat of arbitration shall be in Delhi. The language of arbitration shall be English.
These Terms of Sale supersedes any prior agreements or arrangements which may have subsisted between us on the subject matter hereof, provided the information you have given to us is not incorrect or fraudulent. Seller shall have the sole authority and discretion to make changes or modification to these Terms of Sale without any prior notice to any buyer.
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