TERMS AND CONDITIONS
The Terms and Conditions contained herein along form an agreement to which you shall be bound by being a registered user with or by otherwise booking Products on this Website: www.Overcart.com. Please read this agreement carefully as the same describes your rights and responsibilities.
Overcart may at its sole discretion amend, modify, update or entirely replace the Agreement at any time. Your use of this Website after any amendment, modification, update or replacement to the Agreement shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. Therefore, you are responsible for checking the Agreement periodically to remain updated.
Any clause of terms and conditions if rendered invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
WHAT WE MEAN:
Agreement means the Terms and Conditions (T&C) contained herein under the Overcart brand name. It will also include references to this agreement as and when amended, notated, supplemented, varied or replaced;
Website means the www.overcart.com owned and operated by the Company;
Affiliate means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company;
Customers/User/You means any customer/ buyer, whether an individual or any legal entity, who is either a registered user on this Website or otherwise books an order for any Product on this Website;
Overcart or Company means Exit10 Marketing Private Limited, a company incorporated under the laws of India and shall include its Affiliates;
Product(s) means the goods and services displayed on the Website and offered for use and/or sale by Overcart to Customer.
USING THE OVERCART WALLET:
The Overcart wallet is a credit system where you can receive credits for games that you send in to us. Credits cannot be bought or sold. Consider this wallet as your online piggy-bank where you can set aside money every month to buy new games. We accept games from our customers on the basis of trust and we reserve the right to hold back credit. At one time, your Wallet is engineered to hold up to Rs. 4,000 in credits. Once you reach this limit, please ensure that you continue to spend on Products to take advantage of the credit you hold with us. If you anticipate crossing this limit temporarily until your next purchase, please let us know on firstname.lastname@example.org and we will ensure that your credit is not lost.
This Website is only a platform where Users can enter into the sale and purchase transaction for the Products. The commercial / contractual terms, including but not limited to, price, shipping costs, date, period, mode of delivery is determined by us and is subject to variation/change at our sole discretion without any requirement of intimation to you.
The agreement between you and Overcart 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.
- All prices, unless indicated otherwise are in Indian Rupees.
By indicating your acceptance to purchase any Product offered on this Website, you are obligated to complete such transactions. Hence, you should refrain from indicating your acceptance to purchase any Product if you do not intend to complete such transactions.
Please note that all preorder prices are tentative and final release-date prices will be applicable on all purchases. Any discounts availed on the original prices will be carried over to the new price. By preordering a product on Overcart, you are agreeing to terms of preorder pricing.
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. Overcart 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 exclusively and solely be on the user.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or shipping address) any extra cost towards re-delivery shall be charged from the User which shall be payable simultaneously upon the delivery of the Product or at such time as may be directed by Overcart to you.
Payment gateway takes 24 to 48 hours 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 with Overcart. Typically, all orders are processed and shipped within 7 business days (excluding Saturday & Sunday), once payment is confirmed. 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.
Overcart shall not be liable for any delay / non-delivery of purchased Products in the event of any force majeure event including flood, fire, wars, acts of God or any cause that is beyond the control of Overcart.
SHIPPING AND DELIVERY:
Overcart orders have different timelines for shipping. Most products are shipped within 48 hours. Products that need to be picked up from a customer before shipping may take up to 4 business days for dispatch. This information is displayed prominently on the product page to help you make your purchase. Please note that we promise dispatch timelines and have no control over delivery timelines. Different shippers take different times to reach different locations and hence, we do not promise that a product will reach you by a specific date. That said, we do track shipments to make sure they are not unnecessarily delayed and will continue to follow up with shipping companies until the product reaches you.
We believe in helping our customers as far as possible, and therefore have a liberal cancellation policy. Under this policy:
- Cancellations will be considered only if the request is made within 72 hours of placing an order. However, the cancellation request will not be entertained if the orders have been readied for dispatch or have been dispatched.
- In case of receipt of damaged or defective consumer durable items and non durable items like mobile phones, etc. please report the same to our Customer Service team. The request will, however, be entertained once we have checked and determined the same. This should be reported within 48 hours of receipt of the products.
- Refunds and returns will only be processed if the product received has a functional issue, refunds will not be processed on the basis of personal preference. To claim a refund or replacement, please contact our customer service team. All replacements and refunds will be initiated only after the original product has reached the company and defect verified.
- In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them.
- Note: For preowned products where the product faces known (and/or documented) issues, we do not provide refunds. For instance, if a game crashes at a certain point and/or customers elsewhere have documented the issues as pertaining to the programming of the game, then the product cannot be taken back.
- Damaged/faulty products must be reported within 48 hours from the delivery date accompanied with clicked images of the defective product.
- The 7-days return policy has now been extended to 15-days. In case of device’s functional issue or other issues for that matter (besides personal preferences), it can be returned within a period of 15 days.
- All defective items to be returned or exchanged must be unused and in their original condition with the accompanying accessories and packaging intact.
- Note: For more details, you can contact our customer support center ready to help at 1800-11-6837 (10AM to 6:30PM) | E-mail ID: email@example.com
PRODUCTS AND WARRANTIES:
- Unless explicitly mentioned otherwise, the Product(s) shall be subject to manufacturer's terms and conditions for warranty, repair, replacement, service including after sale service and maintenance, and the Company does not accept any responsibility for the same. Further, Overcart does not accept any responsibility for the usage of the Product(s) by the user.
- Overcart shall have no liability for the defects in Product received by the customer and the customer consents to agree to the terms of the return policy of the respective supplier in case of any defective Products sold by such supplier to the customer.
- The user agrees to use the services provided by Overcart, its affiliates, consultants and contracted companies, for lawful purposes only. Company may, at its sole discretion, assign any or all of its rights under these terms to its affiliates without any intimation or consent of the user.
Overcart reserves all rights to take appropriate recourse under applicable law including seeking damages and injunction (both permanent and temporary) against any user who causes or attempts to cause any damage to this Website or tampers with its contents or undermine the legitimate operations of the Website or in any other manner causes any loss, damage or harm to this Website or to Overcart.
The user agrees to provide authentic and true information. Overcart reserves 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), Overcart has the right in its sole discretion to reject the registration and debar the user from using the services available on the Website, and / or other affiliated Websites without prior intimation whatsoever.
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. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card/account.
Partial delivery of Product needs to be reported within 10 days of receipt of the Product.
In the event of non-delivery of the Products to the customers, Overcart's liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the Product(s).
Overcart's 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 cancelled 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.
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We are unable to cancel orders that have already been processed and shipped out by us.
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.
Pricing: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller/us may be incorrectly reflected and in such an event seller/we may cancel such your order(s).
Warranties: This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Boostrapp does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
This user agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi 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 Exit10 Marketing Private Limited and his 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 Delhi.
The Overcart names and logos and all the related Product(s) and service names, design marks and slogans are the trademarks or service marks of Exit10 Marketing Private Limited. 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 Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
Overcart expressly reserves all intellectual property rights in all text, programs, Product(s), processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Overcart's or any third party's intellectual property rights.
All rights, including copyright, in this Website are owned by or licensed to Overcart. Any use of this Website or its content, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Overcart. You may not modify, distribute or re-post anything on this Website for any purpose.
All the material on the Website, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the content and other downloadable material displayed on the Website 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 content, the Website or any related software.
All software used on this Website is the property of Overcart and protected by Indian and international copyright laws. The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
Unless otherwise noted, all content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Overcart.
You understand that by using this Website or any services provided by the Website, 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 Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Overcart 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 Overcart, 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 Overcart but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this user agreement or arising out of the 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 Overcart terms and conditions and they have also agreed to receive promotional e-mailers and SMSes.
This user agreement is effective unless and until terminated by either you or Overcart.com. You may terminate this user agreement at any time, provided that you discontinue any further use of this Website. Overcart may terminate this user agreement at any time and may do so immediately without any notification, and accordingly deny you the access to the Website. Such termination will be without any liability to Overcart. Upon any termination of the user agreement by either you or Overcart, you must promptly destroy all material downloaded or otherwise obtained from this Website, as well as all the copies of such material, whether made under the user agreement or otherwise.
All the information regarding the Product(s) listed is taken from the Company's Website & Company's catalogue. Some specifications are subject to change without prior notice.