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Terms & Conditions

Terms and Conditions

The terms and conditions published herein in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.shop.kibi.co.in/

www.shop.kibi.co.in website ("Website") is an Internet based content and e-commerce portal owned and operated by KIBI Sports Private Limited, a company incorporated under the laws of India.

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Shop.kibi.co.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

Services Offered:

Shop.kibi.co.in provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original all sports and fitness merchandise from various brands. (Collectively, "Products"). Upon placing order, shop.kibi.co.in shall ship the product to you and be entitled to its payment for the Services.

 

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Shop.kibi.co.in in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that KIBI name is stated as the source and prior written permission of Shop.kibi.co.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

(a)  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(b)  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)  Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

(d)  Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; computer;

(e)  Conduct or forward surveys, contests, pyramid schemes or chain letters;

(f)  Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(g)  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(h)  Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(i)  Violate any applicable laws or regulations for the time being in force in or outside India; and

(j)  Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Shop.kibi.co.in.

Exactness Not Guaranteed:

Shop.kibi.co.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that Shop.kibi.co.in will send an approval request via the email address/Phone Number which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Shop.kibi.co.in may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

Intellectual Property Rights:

  1. a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Shop.kibi.co.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Shop.kibi.co.in without obtaining authorization from KIBI Sports PVT Ltd
  2. b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links to Third Party Sites:

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Shop.kibi.co.in or the Website and Shop.kibi.co.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KIBI Sports PVT Ltd is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Shop.kibi.co.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shop.kibi.co.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer of Warranties/Limitation of Liability:

Shop.kibi.co.in has endeavoured to ensure that all the information on the Website is correct, but Shop.kibi.co.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Shop.kibi.co.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall KIBI Sports PVT Ltd be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KIBI Sports PVT Ltd shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond KIBI Sports PVT Ltd’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification:

You agree to indemnify, defend and hold harmless Shop.kibi.co.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Shop.kibi.co.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at KIBI Sports's discretion.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon KIBI Sports's shipment to the shipping carrier.

Termination:

  1. a)  Shop.kibi.co.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
  2. b)  Notwithstanding Section 15.1 above, these Terms will survive indefinitely unless and until Shop.kibi.co.in chooses to terminate them.
  3. c)   If you or Shop.kibi.co.in terminates your use of the Website or any Service, Shop.kibi.co.in may delete any content or other materials relating to your use of the Service and Shop.kibi.co.in will have no liability to you or any third party for doing so.
  4. d)  You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in UP.

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Shop.kibi.co.in does not review the contents in any way before they appear on the Website. Shop.kibi.co.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to support@kibi.co.in

 

Our Policies

We work very hard to ensure that you have the best possible shopping experience with us however we do understand that there will be some rare cases where you may want to return, replace, or exchange your products. All such processes are governed by our standard policies which are designed to keep in mind your convenience. Please do read our policies carefully and we would be happy to answer your queries-

 

Types of Products

Our portal is designed to service your needs around school products and services. We classify our product range into two specific categories as follows:

 

School Mandated Products & Services - These are the products and services which are mandated by your school. These products are specifically designed/produced/customized for the school and are typically available for purchase on your customized school store on our site.

Other Products & Services - Any product other than the School Mandated Products are classified as ‘Other Products’.

Our policies for each of the above product types may vary and hence it is important that you understand the difference before making your purchase decision.

 

Order Update

All orders placed on Shop Kibi are subject to the following order update policies. Order update is applicable for those orders which are captured on our portal and not yet dispatched from our warehouse.

  • Order update is allowed for these products.
  • You may update the order before the products are delivered to you by contacting our ever helpful customer service team and placing an order update request.

 

Order Cancellation

All orders placed on Shop KIBI are subject to the following order cancellation policies.

  • You may cancel the order before the products are delivered to you by contacting our ever helpful customer service team and placing a cancellation request.

 

Product Returns

Other Products & Services

  • Product return is allowed for these products (except for the products which are part of the promotions like Clearance Sale).
  • You may return the products delivered to you by contacting our ever helpful customer service team and placing a return request within 7 working days after the receipt of the product.

We will not be able to process the return request after 7 days of delivery of the product(s).All orders placed on Shop Kibi are subject to the following order returns policies.

 

Product Exchange

All orders placed on Shop Kibi are subject to the following product exchange

  • Product exchange is allowed for these products (except for the products which are part of the promotions like Clearance Sale).
  • You may exchange the products delivered to you by contacting our ever helpful customer service team and placing a product exchange request within 7 working days after the receipt of the product.
  • We will not be able to process the exchange request after 7 days of delivery of the product(s).
  • We will levy a nominal product exchange charge of Rs 150/- per order to facilitate pick-up of products from your location and also delivery of the replacement products as per your request.
  • Please ensure that products are not used and all the products tags and boxes are intact. We will not be able to process the exchange in case the above is not in order.

 

Product Replacement

All orders placed on Shop KIBI are subject to the following product replacement policies.

 

Warranty Replacement

  • Product replacement is allowed for these products. The replacement of products would be governed by the standard warranty terms and condition of the brand.
  • You may replace the products delivered to you by contacting our ever helpful customer service team and placing a product replacement.
  • We will not be able to process the replacement request if the product warranty period has lapsed.

 

Other Replacements

  • Product replacement is allowed for these products.
  • You may replace the products delivered to you by contacting our ever helpful customer service team and placing a product replacement request within 7 working days after the receipt of the product.
  • We will not be able to process the replacement request after 7 days of delivery of the product(s).
  • We will levy a nominal product exchange charge of Rs 150/- per order to facilitate pick-up of products from your location and also delivery of the replacement products as per your request.
  • Please ensure that products are not used and all the products tags and boxes are intact. We will not be able to process the exchange in case the above is not in order.

 

Damage Delivery Replacement

  • Products replacement will be provided for these products
  • You may request for the damaged products replacement by contacting our ever helpful customer service team and placing a product replacement request within 48 hours of the receipt of the product(s).
  • We will not be able to process the replacement request if the issue is highlighted after 48 hours of receipt of the product(s).
  • Please ensure that products are not used and all the products tags and boxes are intact. We will not be able to process the replacement in case the above is not in order.

               

Short Delivery Replacement

  • Product replacement will be provided for these products
  • You may request for the short shipment to be re-delivered by contacting our ever helpful customer service team and placing a short delivery request within 48 hours from the receipt of the product(s).
  • We will not be able to process the replacement request if the issue is highlighted after 48 from the time of delivery of the product(s).
  • Please ensure that products are not used and all the products tags and boxes are intact. We will not be able to process the replacement in case the above is not in order.

Payments

Other Products & Services

  • Net Banking; Credit Card; Wallets; UPI
  • Cash on Delivery (COD)** applicable for these products
  • ** COD is not applicable until 31st December 2020. We are accepting only paid orders to ensure contactless delivery.

Shipping Policy

Other Products & Services

  • Fixed Charges of 99 INR applicable for all orders.
  • For remote locations and locations in the states of Jammu and Kashmir, North Eastern States and Sikkim, there will be an additional Rs 100 towards remote location charge for all orders.

 

Order Refund

All orders placed on Shop Kibi are subject to our standard refund policies. The refund process is applicable to orders which are approved from received cancellation requests. You may request for a refund after cancelling your order by contacting our ever helpful customer service team and placing a refund request. We will issue a credit note/credit points equivalent to the value of the order to your account and the same can be redeemed until 31st March 2021 from the date of issuance of the credit note for any transaction on Shop KIBI.

 

IMPORTANT NOTE- the Company reserves the right to change the policies from time-to-time and the customer agrees to the updated and revised changes in policy.