Terms and Conditions

This Terms of Use (the “Agreement”) describes the terms and conditions applicable to your use of the YESKART PRIVATE LIMITED. web site which is identified by the uniform resource locator www.Yeskart.in (the “Site”). This Agreement is entered into between you as the user of the Site(the “User”) and (“YESKART PRIVATE LIMITED.”).

GENERAL USAGE
You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual harasses or advocates harassment of another person involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous infringes upon or violates any third party\’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person\’s name, email address, physical address or phone number) or rights of publicity]

You understand that Yeskart.in has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Yeskart.in reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. Yeskart.in shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Yeskart.in, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. You agree that any Content you post may be used by Yeskart.in, consistent with our Privacy Policy and Rules of Conduct on Site, and you are not entitled to any payment or other compensation for such use. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of Yeskart.in. In no event shall Yeskart.in assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you are liable to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

It is possible that other users(including unauthorized users or”hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you.

Yeskart.in does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Yeskart.in is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.

Yeskart.in shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Subject to any additional agreements relating to Paid Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and YESKART PRIVATE LIMITED. with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

YESKART PRIVATE LIMITED. \’s failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives YESKART PRIVATE LIMITED. \’s right to act with respect with subsequent or similar breaches.

YESKART PRIVATE LIMITED. shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Services to any person or entity.

Yeskart.in may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of Yeskart.in violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

YESKART PRIVATE LIMITED. reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall YESKART PRIVATE LIMITED. be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

Other Businesses
Yeskart.in does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on Yeskart.in’s website, which are linked through including but not limited to Affiliates and sites using Yeskart.in’s APIs. In addition, Yeskart.in provide links to the sites of affiliated companies and certain other businesses for which, Yeskart.in is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Yeskart.in shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

Some of the YESKART PRIVATE LIMITED. Content displayed on this Site is provided or posted by third parties (“Third Party Content”) as above. Neither YESKART PRIVATE LIMITED. nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of YESKART PRIVATE LIMITED.\’s display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. YESKART PRIVATE LIMITED. is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User\’s reliance of such Third Party Content. In addition, YESKART PRIVATE LIMITED. is not responsible for the conduct of any User\’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User \’s conduct.

Electronic Communications
When you visit the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRIVACY OF USER
Privacy of User is governed by our Privacy Policy, which can be located at http://www.Yeskart.in/privacy-policy

Intellectual Property Rights
YESKART PRIVATE LIMITED. is the sole owner or lawful licensee of all the rights to the Site and the YESKART PRIVATE LIMITED. Content. The Site and YESKART PRIVATE LIMITED. Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and YESKART PRIVATE LIMITED. Content shall remain with YESKART PRIVATE LIMITED., its affiliates or licensors of the YESKART PRIVATE LIMITED. Content, as the case may be. All rights not otherwise claimed under this Agreement or by YESKART PRIVATE LIMITED. are hereby reserved.

“Lotus”, “www.Yeskart.in” and related icons and logos are registered trademarks or trademarks or service marks of YESKART PRIVATE LIMITED. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. All notices or demands to or upon YESKART PRIVATE LIMITED. shall be effective if in writing and shall be duly made when sent to YESKART PRIVATE LIMITED. at the following address: To YESKART PRIVATE LIMITED., #202, Shankar Plaza, Opp: Shankar Mattam, Dwaraka Nagar, Visakhapatnam, Andhra Pradesh, India – 530016  with Attn to : Corporate Counsel. All disputes subject to Indore Jurisdiction.

Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Yeskart.in is presented solely for the purpose of sale India. Yeskart.in makes no representation that materials in Yeskart.in are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Yeskart.in is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

TRANSACTION PROCESS
Application of and Acceptance of Terms and Conditions:
For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with YESKART PRIVATE LIMITED. as a registered user or whether such User is a paying customer for a specific product or service provided by YESKART PRIVATE LIMITED. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority. If you are under 18, you may use Yeskart.in only with involvement of a parent or guardian.

By accessing or using the Site, you will be subjected to the rules, guidelines, policies, terms, and conditions applicable to this websites, and they are incorporated into this Agreement by this reference. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. Accessing, Browsing or otherwise using the site indicates your acceptance to all the Terms And Conditions and any further upgrade, modification, addition or change to this Site.

If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

This Agreement applies to Paid Service in addition to any terms and conditions that may be applicable to such specific Paid Service.

YESKART PRIVATE LIMITED. may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on28th Jan 2012. Posting by YESKART PRIVATE LIMITED. of the amended and restated Agreement and your continuous use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of YESKART PRIVATE LIMITED. Also CPR will not be liable to state the changes to existing users. They will have to check the updates themselves.

Charges and Fees – Paid Services
Access to the Site and certain of its features are provided to all Users free of charge. However, YESKART PRIVATE LIMITED. reserves the right, without prior notice, to charge each User fees for the use of or access to the Site or its features.
YESKART PRIVATE LIMITED. provides certain services to Users who have undergone a specific registration process and agreed to abide the terms of user agreement.
YESKART PRIVATE LIMITED. reserves the right to deny Services to any User for whatever reason in order to protect YESKART PRIVATE LIMITED.\’s interests

Contents Posted on Site
All the product information is subject to change as per manufacturers and is uploaded to best of our knowledge. As the Manufacturers are owner of the technical and Patterns of products they make, LOTUS will not have any say in case of any changes or modification.

Pricing/Typographical error
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers, prices of the product may vary. Yeskart.in will try to be accurate, however if you come across any difference in pricing on the Yeskart.in website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. The refund of the amount would be done according to Bank’s policy- i.e. In case of Credit Card, the refund of the amount will be done in 15days.In case of Debit Card, the refund of the amount will be done in 30 days in the account of the customer..The mode of refund will be the same as at the time of placing the order.If Yeskart.in comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

“There is no relation between Prices offered in Showrooms and on the Website. Online prices are only valid for Online Purchase and won’t be applicable is any of the Stores of Lotus Electronics and vice versa.”

Registered Users
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, and other details etc.) is a registered user of CPR Distributors Pvt. L td. (a “Registered User”). By registering on the site, you agree that any use on the site is at your own risk and Yeskart.in is not responsible for it. you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on Yeskart.in are not for people below aged 18, however any products available for children below age 18, can be bought by adults.

YESKART PRIVATE LIMITED. may suspend or terminate a Registered User ‘s Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if, in YESKART PRIVATE LIMITED.’s determination, there is any breach of the provisions of this Agreement by the Registered User.

Similarly, YESKART PRIVATE LIMITED. reserves the right to refuse registration and deny the issuance of an Account and associated Member ID and Password to any User for whatever reason.

Each User hereby represents, warrants and agrees to

(a) provide YESKART PRIVATE LIMITED. with true, accurate, current and complete information to be displayed on the Site and

(b)) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free license to YESKART PRIVATE LIMITED. to display and use all information provided by such User in accordance with the purposes set forth in this Agreement.

Mandatory Declaration
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.

You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Transactions between Buyers and Suppliers
Through the Site, YESKART PRIVATE LIMITED. provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services.

Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery, cost mis-calculations, breach of warranty, breach of contract and transportation accidents (“Transaction Risks”). Each User agrees that YESKART PRIVATE LIMITED. shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

Limitation of Liability
The features and services on the YESKART PRIVATE LIMITED. site is provided on an “as is” and “as available” basis, and YESKART PRIVATE LIMITED. hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, undertakings and terms are hereby excluded.

YESKART PRIVATE LIMITED. makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site.Each user is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

All the products sold on Yeskart.in are governed by different state laws and if Yeskart.in is unable to deliver such products due to implications of different state laws, Yeskart.in will return or will give credit for the amount received by Yeskart.in from the sale of such product, that could not be delivered to you.

WE ASSUME THAT THE PRODUCT BOUGHT BY YOU FROM Yeskart.in IS FOR YOUR PERSONAL USAGE AND NOT FOR FURTHER SALE AND YOU ALSO AGREE TO ACCEPT THE LAWS OF FORMS OF YOUR STATE COMPILED IN THIS AGREEMENT.

You will be required to enter a valid phone number while placing an order on Yeskart.in. By registering your phone number with us, you consent to be contacted by Yeskart.in via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.

Yeskart.in will not use your personal information to initiate any promotional phone calls or SMSs.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

lack of authorization for any transactions,

or exceeding the preset limit mutually agreed by you and between your Bank/s,

or any payment issues arising out of the transaction,

or decline of transaction for any other reason/s.

All payments made against the purchases/services on Yeskart.in by you shall be compulsorily in Indian Rupees acceptable by the Republic of India. Yeskart.in does not accept any other form of currency with respect to the purchases.

Each User hereby agrees to indemnify and save YESKART PRIVATE LIMITED., its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User \’s use of the Site (including but not limited to the display of such User \’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that YESKART PRIVATE LIMITED. is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.

YESKART PRIVATE LIMITED. shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

The use or the inability to use the Site

Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site.

Unauthorized access by third parties to data or private information of any User

Statements or conduct of any User of the Site

Any matters relating to Paid Services however arising, including negligence. 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.

Delivery Conditions
We assure you to use the reliable courier service to deliver your product on committed time. Though in case of any delay in delivery due to unforceful circumstances, lotus won’t be responsible for such delay.

It is suggested to our valuable customer to check the product once received and mail us back within 24hrs in case of any problem with the product, else Lotus won’t be responsible thereafter.

Under no circumstances shall YESKART PRIVATE LIMITED. be held liable for any delay or failure or disruption of the product or services delivered through the site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

CANCELLATION POLICY
Cancellation by Yeskart.in
There may be certain orders that Yeskart.in is unable to accept and must cancel. Yeskart.in reserves the right, at Yeskart.in sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Yeskart.in credit and fraud avoidance department. Yeskart.in may also require additional verifications or information before accepting any order. Yeskart.in 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 credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Yeskart.in.

Third Party Products
YESKART PRIVATE LIMITED. is not responsible for Cancellation of the products purchased by the Third Party may be advertiser or the company whose link was provided on Yeskart.in. This decision solely lies with Third Party and Lotuselectronics would not be liable for any such process.

Receipt of damaged or defective item:
We at Yeskart.in are committed to provide you a hassle free experience. However, as an exception, there could be a possibility of you receiving a damaged or defective product due to circumstances not in control of Yeskart.in. If an item ordered by you on Yeskart.in is delivered to you in a damaged / defective condition, please email us at care@yeskart.infor a replacement within 24hrs. We will get the defective / damaged item picked up from you at our cost and dispatch the replacement item to you subject to availability or refund back the entire amount.

Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on www.Yeskart.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.

www.Yeskart.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise \’ shall be exclusively on you.

Fraudulent/Declined Transactions
www.Yeskart.in reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. www.Yeskart.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

REPLACEMENT POLICY
Yeskart.in makes every effort to service the orders placed with them, as per the specification and delivery timelines mentioned against each product. As a policy, we request you to kindly check the product and the accessories while accepting the delivery. In case of any discrepancies, kindly bring it to our notice within 7 days of accepting delivery by calling us on 9777445853 or email us on care@yeskart.in. Thereafter no replacement/refund shall be entertained.

Disclaimer: “ANY DECISION ON 7 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD BY Yeskart.in is at the sole discretion of Yeskart.in and decision Yeskart.in shall be final and binding. Yeskart.in reserves the right to withdraw from 7 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature.”

After sales service is provided by the authorized service centers of the respective manufacturing companies. For product service requirement, kindly contact us on the above mentioned contact details for the same.

You can ask for the replacement of delivered products within 7 days from the date delivery subject to following terms and conditions:

Replacement of products in case of any short shipment or defect found in the product and the same products will be shipped to you as a replacement subject to availability.

Replacement is offered for the product/s sold by Yeskart.in ONLY.

Apart from condition reserved herein above, the following products shall not be eligible for return or replacement under this Replacement Guarantee, viz

Any product that exhibits physical damage to the box or to the product;

Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product at the time of delivery;

Any product without a valid, readable, untampered serial number, including but not limited to products with missing, damaged, altered, or otherwise unreadable serial number.

Any product from which the UPC (Universal Product Code) has been removed from its original packaging.

Risk of loss
All items purchased from Yeskart.in are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.