This website is operated by CHECKERS INDIA TECHNOLOGY PVT LTD. Throughout the site, the terms “we”, “us” and “our” refer to CHECKERS INDIA TECHNOLOGY PVT LTD. CHECKERS INDIA TECHNOLOGY PVT LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our EXCESS INVENTORY PLATFORM. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy with Cancellations & Refunds
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 09 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CHECKERS INDIA TECHNOLOGY PVT LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - UNDERTAKING
Checkers India Technology Pvt Ltd uses Payment Gateway facility of M/s. E-Billing Solutions Pvt. Ltd. (EBS) for his website www.excess2sell.com. The Payment Gateway has been authorized only for receiving online payments for the products which the Sellers are listing on the website www.excess2sell.com
The Sellers also undertake that they will not be selling any products/services that fall under the Prohibited or Restricted or banned categories as announced by Government of India or is listed on EBS website https://www.ebs.in/IPS/legal-compliance . This list may be updated times to time.
The Sellers undertakes that he take full liability for any chargeback arising from transactions through this EBS payment facility and the Sellers affirm that all these requirements will be complied in future.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless CHECKERS INDIA TECHNOLOGY PVT LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - RECOURSE
Checkers India or Excess2sell reserves all rights to take appropriate recourse under applicable law including seeking damages and injunction (both permanent and temporary) against any Buyer/Seller who causes or attempts to cause any damage to this Website or tampers with its contents or undermine the legitimate operations of the Website or in any other manner causes any loss, damage or harm to this Website or to Checkers India or Excess2sell
SECTION 17 - BUYER/SELLER INFORMATION
The Buyer/Seller agrees to provide authentic and true information. Checkers India or Excess2sell reserves the right to confirm and validate the information and other details provided by the Buyer/Seller at any point of time.
If upon confirmation such Buyer/Seller details are found not to be true (wholly or partly), Checkers India or Excess2sell has the right in its sole discretion to reject the registration and debar the Buyer/Seller from using the services available on the www.excess2sell.com , and / or other affiliated Websites without prior intimation whatsoever.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed solely in accordance with, the laws of India. The appropriate courts in Mumbai, India, shall have exclusive jurisdiction in connection with this Agreement.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@CheckersIndia.com.
Cancellations & Refunds
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following:
- Incorrect pricing - In case of price change due to reasons beyond our control ( macro & mico factors) , we reserve the right to remove any item from any order and provide a full refund to the customer for that item.
- Non-Payment of orders - If payment is not received at the time of order been placed, we may cancel an order without notice.
- Wrong/Fraud order - Once we receive an order we will check the order before shipping the products . If the check fails, we may cancel your order.
- Order Serviceability - If the order cannot be fulfilled due to non availability of the product among our sellers or if your location/city/area is not covered by any of our partner for logistic/courier
* Once the order is placed it can not be cancelled.
MONEY REFUND POLICY
Checkers India/excess2sell offers Money Refund to the Buyer subject to the following:
- Double payment - if a buyer has paid twice for one/same transaction, the second transaction amount will be refunded via same source within 15 working days to the buyer.
- Excess Payment - Any excess amount paid by the buyer will be refunded via same source within 15 working days of the products delivered to the buyer.
- Wrong product delivery - If the buyer has received the products that are significantly different from the details submitted by the seller (wrong code, size, colour or features), this must be reported within 48 Hours of the delivery.
- Damaged product delivery - If the products were delivered in damaged conditions, the buyer must report this within 24 hours from the delivery date. This must be accompanied with clicked images of the defective products along with the invoice details and Courier docket details of the shipment, the details of the same to be mailed on email@example.com . Checkers or excess2sell will not entertain any complaint of damaged products after 24 of the delivery being made to the buyer.
REFUND REQUEST PROCESS
- Response - On the receipt of the Buyer mail regarding the wrong product delivery or damaged product delivery, our Customer Support will confirm the receipt of the mail with in 24 hours and evaluate and come back with an appropriate response within 48 hours to the buyer.
- Product pick up - Once the refund request is approved the buyer will be informed on the pickup process. The authorised logistic service partner and the Buyer will informed regarding the pickup of products from the buyers premise. The pick up will be completed within 72 hours of the refund request being accepted.
- Condition of the product being returned - Product being returned must be in its original condition, original packaging, should not be used, unaltered and in unsoiled condition of the products and packing.
- Refund time line - Once the returned products are received back in original conditions. 100 % of the amount paid towards the products will be refunded via the original method of payment within 10 working days from the date of the product received in originally shipped conditions.Taxes paid & Shipment charges ( if any) included in the Buyer invoice will not be refunded.
PRODUCTS AND WARRANTIES
- Partial delivery of Product needs to be reported within 7 days of receipt of the Product to firstname.lastname@example.org along with the Invoice & Courier details.
- All the information regarding the Product(s) listed is taken from the Company's Website & Company's catalogue. Some specifications are subject to change without prior notice.
- Unless explicitly mentioned otherwise, the Product(s) shall be subject to manufacturer's terms and conditions for warranty, repair, replacement, service including after sale service and maintenance, and the Company does not accept any responsibility for the same. Further, Checkers India or Excess2sell marketplace does not accept any responsibility for the usage of the Product(s) by the user.
- Checkers India or Excess2sell shall have no liability for the manufacturing defects in Product received by the buyers and the buyers consents to agree to the terms of the return policy of the respective Brand.
- The buyers agrees to use the services provided by Checkers India or Excess2sell , its affiliates, consultants and contracted companies, for lawful purposes only. Company may, at its sole discretion, assign any or all of its rights under these terms to its affiliates without any intimation or consent of the buyer.