Terms and Condition

Welcome to FitKart

Terms and Conditions

 Being eligible to use and by using the website or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use
User is hereby authorized to use the website for lawful purpose and for the purposes as mentioned under the policies of the FitKart and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.

The FitKart strives to provide best prices possible on products and services to users buying or availing from the Website. However, The FitKart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the The FitKart.
The FitKart has a network of sellers and reserves the right to pass on the orders for fulfillments.

The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion.

All offers on Products shall be for limited stocks and are for limited period(s). The FitKart may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly.
A promo code, once used shall not be reused in case of cancellation of order either by Customer or The FitKart.


We don't run the promotions that prompt users to initiate a purchase, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful.


All products sold on The FitKart.com through our sellers are genuine. All sellers listing their products on The FitKart.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on The FitKart.com. However this guarantee is not applicable for manufacturing defects.


In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer.


Expected delivery time as mentioned on website may vary than the usual time of delivery due to any unforeseen reasons in the time of delivery
The FitKart shall have right to modify the price of a product or service any time, without any prior information.


The FitKart may also require additional verifications or information before accepting any order. The FitKart will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back as credit in forms to user.


Cancellation by the User: In case of requests for order cancellations, The FitKart, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if The FitKart receives a cancellation notice and the order has not been processed/ approved by The FitKart, The FitKart shall cancel the order and refund the entire amount to User within a reasonable period of time.


The FitKart will not be able to cancel orders that have already been processed, it is pertinent to note that the The FitKart has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the The FitKart is acceptable to User and User shall not create any dispute on the decision taken by The FitKart on cancellation.


The FitKart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by The FitKart as per certain criteria. The FitKart Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order
The FitKart Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user.


Limitation of Liability: Under no circumstances The FitKart's liability shall exceed giving the User a replacement of the same product/ alternate product of the same value.


These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.


Usage Restrictions:
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.


Gaining unauthorized access to other computer / network systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.


You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or its content.
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us.
intentionally submitting on the Website any incomplete, false or inaccurate information.
making any unsolicited communications to other users of the Website;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.


copying or duplicating in any manner any of the content on the Website or other information available from the Website.
framing or hotlinking or deep linking any content on the Website.
infringes any patent, trademark, copyright or other proprietary rights.
violates any law for the time being in force.


Quantity Restrictions: We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.


"Pricing Information:While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice. Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on some categories. or such other product or service as may be determined by us in our sole discretion."
"Indemnity: We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless The FitKart, 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 The FitKart or any third party including 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."


Eligibility to use: Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, 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.

 

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