Terms & Conditions
Being Human E-Cycles owns the website www.beinghumanecycle.com which provides its services to you, subject to the terms and conditions given hereunder.
By visiting this website (www.beinghumanecycle.com and all its subdomains) you agree to be bound by the terms and conditions of this Policy. If you do not agree please do not use or access our Site.
This site is created and controlled by Being Human E-Cycles. The laws of India shall apply and courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers.
Agreement – means the Terms and Conditions (T&C) contained herein under the Being Human E-Cycles brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.
Site – means www.beinghumanecycle.com (and all its subdomains), owned and operated by Being Human E-Cycles which provides a venue to users to buy the products listed/displayed
User/You – means and includes any person or legal entity who accept the offer for sale by Being Human E-Cycles by placing its order on this Site.
Products – goods displayed and promoted on the Site.
This Website is a venue where Users undertake purchase transactions pertaining to sports goods. The commercial /contractual terms include without limitation – price, shipping costs, date, period, mode of delivery, warranties related to products including after sales services related to products, etc., over which we have complete control and which may be subject to change.
The agreement between you and the Site is subject to the following terms and conditions:-
The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services at the Site you agree to be bound by the Terms and Conditions.
All prices, unless indicated otherwise are in Indian Rupees. – By indicating Users acceptance to purchase any product offered on the Site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products where it does not intend to complete such transactions.
Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
In a credit card transaction, you must use your own credit card. Being Human E-Cycles will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
BO Clause – We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
In the event that a non-delivery occurs on account of a mistake by the User (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
Payment gateway takes 24-48 hrs. to confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed on the Site. Usually all orders will be delivered between 14 to 21 working days, from the date of order, provided the shipping location is within the geography of India and address provided is complete with land marks. However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering. Being Human E-Cycles shall not be liable for any delay/non-delivery of purchased goods in the event of
flood, fire, wars, acts of God or any cause that is beyond our control.
The Products shall be subject to manufacturer’s terms and conditions for warranty, service and maintenance, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User.
The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only. Company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.
Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
The User agrees to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Being Human E-Cycles has the right in its sole discretion to reject the registration and debar the User
from using the Services available at this website, and /or other affiliated websites without prior intimation whatsoever.
Partial delivery of product needs to be reported within 5 days of receipt of the product – In the event of non-delivery of the products to the customers, Being Human E-Cycles liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.
Being Human E-Cycles liability to any claims will only be up to and limited to the cost of the product units in question.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an
independent arbitrator who will be appointed by Being Human E-Cycles and their decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall
have the jurisdiction and the Laws of India shall apply.
RETURNS / CANCELLATION POLICY:
Being Human E-Cycles does NOT entertain any Returns or cancellation of the order once a product has been purchased from www.beinghumanecycle.com, except in the following cases:
If you discover that the item is defective after the package is opened, you may ask for the defective item to be replaced under warranty provided you communicate the same within 24 hours of receipt.
CONTENTS POSTED ON SITE
Being Human E-Cycles expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Being Human E-Cycles or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Being Human E-Cycles. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Being Human E-Cycles. You may not modify, distribute or re-post anything on this website for any purpose.
The Being Human E-Cycles names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Being Human E-Cycles All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Being Human E-Cycles and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Being Human E-Cycles
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site at your sole risk and that to the fullest extent permitted under applicable law, Being Human E-Cycles shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Being Human E-Cycles its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Being Human E-Cycles but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
The users have read and agreed to the Being Human E-Cycles Terms and Conditions and also agree to receive promotional e-mailers and SMS’s.
Being Human E-Cycles shall have the right to rectify or cancel the order if there are any differences in pricing resulting from typographic errors w.r.t pricing or product information.
We try to be as accurate as possible. However, we do not warrant that Product content on the Site is accurate, complete, reliable, current, or error-free.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
The material on the Site is presented for sale in India only. Those who choose to access the Site from locations other than India do so on their own initiative and we are not responsible for the supply of goods, refund’s and payments for the goods ordered.
CANCELLATION OF ORDER
We reserve the right to cancel any order at our sole discretion when we are unable to meet the requirement of the order placed or for any other reason. However, we will communicate the cancellation of the order within appropriate time to the concerned person with the appropriate refunds.
LIMITATION OF LIABILITY
In no event shall Being Human E-Cycles is liable for any special, indirect, incidental or consequential damages of any kind in connection with this agreement even if Being Human ECycles have been informed in advance of the possibility of such damages.
SKEC Pvt. Ltd
E-mail – firstname.lastname@example.org
Website – www.beinghumanecycle.com
Time – 10am – 5pm (on working days)
Thank you for placing your trust in us.
i) Collection of Personal information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for,
as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain
Site related activities.
ii) Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar
iii) Web browser cookies
iv) How we use collected information
Being Human E-Cycles may collect and use Users personal information for the following purposes:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We may use feedback you provide to improve our products and services.
To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would
like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
v) How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
vi) Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
vii) Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services,
including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
x) Contacting us
SKEC Pvt. Ltd
E-mail – email@example.com
Website – www.beinghumanecycle.com
Time – 10am – 5pm (on working days)