Terms & Conditions
(ModxComputers)

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE. PLEASE DO NOT USE THE SITE OR TRANSACT ON THE SITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.

Introduction

Welcome to the Modxcomputers.com service provided by Modxcomputers. In using the modxcomputers.com service, of Modxcomputers you are deemed to have accepted the terms and conditions listed below.

All products/services and information displayed on Modxcomputers.com (“Site” or “modxcomputers.com”) constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Modxcomputers.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm your order and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Modxcomputers.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.

Terms of Use

Use of the Site 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 Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Modxcomputers.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Modxcomputers.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Modxcomputers.com 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. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Modxcomputers.com makes 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 Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Modxcomputers.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

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. By using the services of modxcomputers.com you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, 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. Modxcomputers.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If modxcomputers.com has reason to believe that there is likely to be a breach of security or misuse of the Modxcomputers.com Site, we may require you to change your password or we may suspend your account without any liability to Modxcomputers.com.

You also agree to:

Provide true, accurate, current and complete information about yourself as prompted by ModxComputers’s registration form (such information being the “Registration Data”)
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Modxcomputers.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Modxcomputers.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information

While Modxcomputers.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Modxcomputers.com 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, Modxcomputers.com 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, Modxcomputers.com may, at its 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 Modxcomputers.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address or contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation and initiate refund.

We strive to provide you with the lowest prices possible on Modxcomputers.com as well as in our stores under the corporate entity – ModxComputers. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.

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 canceled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, the said amount will be reversed back in your account.

Modxcomputers has the right to change the Product prices without any prior notice to the customer. The selling price of the product may be higher in some cases than MRP due to the sort supply of the product, in this case, Modxcomputers is not liable for any penalty.

Out of Stock

If product is not in stock, Modxcomputers have every right to cancel the order without intimation to customer, email should be sent for cancelled order. In the event of Out Of Stock, full amount will be refunded to customer.

Product Information images and Specification

All specifications of products and its images mentioned on our website is just to identify the product, it may be vary time to time by its manufacturer, in that case our company is not liable for any errors or any technical thing which does not match with the product received by customer. Please refer to manufacturer website for the actual details like product images and specifications.

Cancellations by the customer

• If the customer requests to cancel the order before we have started to process the order (Usually within 24 Hours) then 10% of total order amount will be charged as cancellation charges and rest will be refunded.
• If the customer requests to cancel the order after we have started processing the order (Usually after 24 Hours) then 25% of total amount will be charged as cancellation charges and rest will be refunded.
• If your product has been dispatched or delivered then the customer cannot cancel the order or return the product and refund is not possible in this case.

Sale Terms

Goods once sold will not be taken back or exchanged. Once invoice made cannot be modified or cancelled for any reasons thereof.

The item is tested for physical damage at the point of sale and the company is not liable for the physical damage of item any more. It is also the duty of the buyer to immediately check the physical condition of the purchased goods. In case of online purchase the buyer has to make an uncut unboxing video and in case damage is visible in video then Modxcomputers will replace the product or refund after collecting back the damaged goods. In case of store purchase the buyer needs to check thoroughly up to their satisfaction before accepting and leaving the store.

Cancel/Return Policy:

• Modxcomputers.com Return Policy is implied only where the product have defect or damage. We do not accept returns in case of wrong selection made by customer.
• Customers may be asked to send the product back, in case the reverse pick up cannot be honored due to operational restrictions.
• No Cancellation or Return on wrong selection post delivery. All customers are requested to check specifications/configuration requirements.
• Customer can contact respective service center or contact us for warranty support.
• In case of order cancelled by customer after making payment or order is got confirmed, then there will be 10% cancellation charges will be deducted.
• Refunds usually takes 7-10 working days to reflect in your account.
• For domestic buyers, orders are shipped through registered domestic reputed courier companies and /or speed post only. Orders are shipped within 3-15 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company/post office norms. Modxcomputers is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 3-15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation.

RMA Process for Online Customers:

In case customer have received the product as faulty/DOA, customer should inform us within 7 Days of time after receipt of the product. If we will receive the intimation for faulty/DOA product in time, if possible we will arrange for pick up and replacement. In case the product was arranged on special demand then in that case instant replacement is not done, we will pick up from customer and get it replaced by service centre and ship it back to customer, this process can take time upto 15-20 days. In other case if customer is not able to inform us about faulty/DOA product in time, in that case customer has to bear To and From charges for replacing the material. Customer can also go to nearby service centre for particular vendor.

Third Party Products

PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Modxcomputers.com . In other words these additional terms and conditions are applicable in case you buy products sold on Modxcomputers.com by third party vendors.

***Features, Price and Specifications are subject to change without notice.

You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (“Vendors”). Modxcomputers.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:

Modxcomputers.com is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Modxcomputers.com cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.

Modxcomputers.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, Modxcomputers.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Modxcomputers.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Modxcomputers has all the rights to cancel the order if prices has been increased by vendor without notification to customer.

All other terms and conditions of this User Agreement are applicable to such transactions.

Shipping:

• Once a customer places an order the ModxComputers team ships the products within 3-7 days. It depends on the order, the PC Builds are dispatched usually within 3-7 Days and single components orders are dispatched fast within 1-3 days.
• Sometimes we need to arrange components in case the components are out of stock, in that case the customer needs to wait. Also in case of Out Of Stock Modxcomputers can cancel the order.
• In case of pre-paid orders the customer has to first complete the full payment in advance before shipping.
• We have shipping courier partners like Delhivery, Bluedart, Trackon, etc, and they deliver the orders depending on the order delivery location.

Delivery:

Service delivery confirmation will be sent to your registered email address or whatsapp.
For any issues with our logistics services, please contact our helpdesk at 7011805001

Credit Card Details:

You agree, understand and confirm that the credit card details provided by you for availing of services on Modxcomputers.com 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. You further agree and undertake to provide the correct and valid credit card details to Modxcomputers.com. Further the said information will not be utilized and shared by Modxcomputers.com with any of the third parties unless required by law, regulation or court order. Modxcomputers.com 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.

“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”

Fraudulent /Declined Transactions:

Modxcomputers.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Modxcomputers.com 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.

You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Modxcomputers.com for redelivery shall be claimed from you.
That you will use the services provided by Modxcomputers.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Modxcomputers.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Modxcomputers.com has the right in its sole discretion to reject the registration and debar you from using the Services of Modxcomputers.com and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site 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 unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Modification of Terms and conditions of Service

Modxcomputers.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Modxcomputers.com. You can access the latest version of the User Agreement at any given time on Modxcomputers.com. You should regularly review the User Agreement on Modxcomputers.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.

Copyright & Trademark

Modxcomputers.com and its suppliers and licensors 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 Modxcomputers.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Modxcomputers.com. 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 Modxcomputers.com. You may not modify, distribute or re-post anything on this website for any purpose.

The Modxcomputers.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Modxcomputers. 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.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Modxcomputers.com endorsement, sponsorship or recommendation of the third party, information, product or service.

Modxcomputers.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

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 Modxcomputers.com or its suppliers 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 Modxcomputers.com ,one of its affiliates or by third parties who have licensed their materials to Modxcomputers.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Modxcomputers.com and is also protected by Indian and international copyright laws.

Objectionable Material

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 and any service at your sole risk and that to the fullest extent permitted under applicable law, Modxcomputers.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources and while Modxcomputers.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Modxcomputers.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, Modxcomputers.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Modxcomputers.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.

Modxcomputers.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Modxcomputers.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Modxcomputers.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Modxcomputers.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

The Website Visitor/Customer acknowledges and unequivocally accepts that Modxcomputers at their sole discretion may monitor the IP Address & other relevant information of each login session of the customer, and the same may be subsequently used for any investigation or in evidence. We may also use cookies to determine the authenticity of orders and for our internal risk analysis. The customer, by virtue of mere signing-up for and/or logging into Modxcomputers’s website for purchases indicates unequivocal acceptance of these conditions.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Modxcomputers.com with respect to the Modxcomputers.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Modxcomputers.com with respect to the Modxcomputers.com sites/services. Modxcomputers.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.