ZevenWorld is a property of and operated by SX Sports Private Limited under its brand name Zeven (“Zeven”). SX Sports Private Limited is an Indian Company registered under the Companies Act, 1956, having its registered office at No. 1 Ground Floor, Silveroaks Apartment, Kensington Cross Road, Ulsoor, Bangalore – 560 008.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using shop.zevenworld.com ("Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these terms of sale ("Terms of Sale") and any other applicable law, whether or not you are a registered member of the Website. Zeven may change these Terms of Sale at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be constituted as your acceptance to the revised Terms of Sale. If you do not agree with these Terms of Sale, please do not access and use this Website. For the purposes of these Terms of Sale, "we", "our" and "us" shall mean Zeven and "you" and "your" shall mean a visitor, who meets the eligibility criteria set out below.
1. APPLICABILITY & RIGHT TO MODIFY AND UPDATE
1.1. These Terms of Sale apply to orders placed for products by Zeven on the Website ("Products") by its customers
1.2. We reserve the right to update or modify these Terms of Sale at any time without prior notice. Your access and use of this Website following any such change constitutes your agreement to follow and be bound by these Terms of Sale as updated or modified. For this reason, we encourage you to review these Terms of Sale each time you access and use this Website.
2. ELIGIBILITY TO ORDER
2.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Sale. You shall not access and use this Website if you are not competent to contract under the applicable laws, rules and regulations.
2.2. You shall be eligible to place an order on the Website for Products only if you are doing so as a consumer, and not as a reseller.
3. USER ACCOUNT, PASSWORD & SECURITY
3.1. You will receive a password and account designation upon completing the Website's registration process ("Account"). You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 3.
3.2. In order to use the full functionalities of the Website: (i) you may be required to set your browser to accept both (functional) cookies and pop-ups; and (ii) you will be required to set up an Account. Alternatively, in lieu of setting up an Account, you may checkout as a guest by providing your email address alone, subsequent to which you will have to provide the required details for payment and delivery.
4. USER GUIDELINES
4.1. The Website is made available to you for your own personal and non-commercial use alone. You shall not or allow third parties to: (i) make and/or distribute copies of the Website; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Website; and/or (iii) create derivative works of the Website.
4.2. You are responsible for any and all activities that occur in your Account. We shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform us, within a reasonable time, about any unauthorized access in your Account, either with or without your knowledge.
4.3. We shall make all reasonable efforts to ensure that your information is kept confidential. However, we shall not be responsible for any disclosure or leakage of confidential information due to your negligence or failure on your part to practice safe computing.
4.4. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and we shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
5. PLACING AN ORDER
5.1. The Website is an online e-commerce platform that markets, sells and delivers the Products to consumers in India.
5.2. You can place an order on the Website by: (i) adding Products to your shopping cart ("Cart"); (ii) proceeding to checkout; (iii) selecting delivery and billing option; and (iv) reviewing and submitting your order.
5.3. Upon completing the above, you will receive an online order acknowledgement and email and/or sms. When the Product(s) in question has/have been shipped you will be sent a second email ("Confirmation") outlining the delivery timelines and allowing you to track your order. At the point of receipt of the Confirmation, a contract containing these general Terms of Sale comes into existence ("Contract"). We strongly recommend that you print or download a copy of these general conditions and the Order Confirmation for your reference.
5.4. If we are unable to supply you with the Product, we will inform you of the same in writing and the order will not be processed.
5.5. Upon receipt of an order, we may run some internal checks including inter alia, verifying your address and checking for fraud. We reserve the right to run any and all security checks we may deem necessary to ensure that no order can be identified as susceptible to fraud. If we suspect any incidence of fraud on the Website, we may investigate, contact the competent authorities, and if necessary, prosecute the party(ies) involved.
6. CANCELLATION BY ZEVEN
6.1. Our ability to supply the Products via the Website is always subject to availability of the same. We expressly reserve the right, at all times, to decline your order for any reason whatsoever. We further reserve the right to cancel a Contract upon the provision of written notice to you, without being liable for any damages or costs, other than repayment of any amount received from you, if: (i) the Product is unavailable/out of stock; (ii) your billing information is incorrect or not verifiable; (iii) your order has been flagged by our security systems; ( (iv) we have reason to believe that you are not eligible as per Clause 2 of these Terms of Sale; (v) the price displayed on the Website was incorrect; (vi) we are unable to deliver to the address you have provided; (vii) we have reason to believe that you are a reseller; or (viii) due to a force majeure event as per Clause 18 of these Terms of Sale.
7. PAYMENT & PRICES
7.1. The accepted modes of payment will be provided to you upon checkout and may include, without limitation: (i) credit/debit card; (ii) net-banking; (iii) cash-on-delivery for selected Product(s) and delivery pincodes; (iv) equated monthly installments; and (v) gift cards. If you seek to avail of option (iii), you will be provided information prior to placing your order confirming if your Products and/or pincode are eligible for cash-on-delivery.
7.2. All prices will be quoted in Indian Rupees ("INR").
7.3. Notwithstanding the foregoing, we reserve the right to vary the payment modes available to you at our own discretion and without providing notice to you
7.4. If you pay by credit/debit card, net-banking the amount will be deducted from your Account, upon Confirmation.
7.5. All payments using valid credit/debit/gift card and other payment instruments will be processed using a payment gateway or appropriate payment infrastructure. Such payments will also be governed by the terms and conditions agreed to between you, the respective issuing bank and the payment-gateway entity.
7.6. All payments will only be processed upon us completing all security checks and verifying billing information. Title in all Products will vest solely with us until we have received full payment for the same.
7.7. The prices displayed on the Website are inclusive of all duties and taxes but exclusive of shipping charges that will be assessed on an order-to-order basis based on inter alia the delivery address and the type of shipping you avail of.
7.8. Your total price (inclusive of tax and shipping charges) for an order placed in accordance with the steps outlined in Clause 5 of these Terms of Sale, will appear on the final checkout screen and be recorded in the Confirmation.
7.9. The prices of Products are displayed on the Website and are subject to change from time to time. Further, we reserve the right to vary the pricing models we use from time to time. Notwithstanding the foregoing, any change in price of a Product will not affect an order upon receipt of Confirmation by you.
8. SHIPPING & DELIVERY
8.1. For our Shipping and Delivery Policy, please click here.
8.2. Upon receipt of your order, please inspect the Product for damage. If it appears the Product is damaged, please do not accept the shipment.
8.3. We may, from time to time, introduce new offers and delivery options and we encourage to read the delivery policy every time you place an order.
8.4. Notwithstanding the foregoing, we reserve the right to vary the charges appurtenant to delivery, from time to time without providing notice to you.
9. RETURNS AND CANCELLATIONS
9.1. For our policy on Returns and Cancellations, please click here.
10. ELECTRONIC COMMUNICATION
10.1. By accepting this Terms of Sale, you expressly grant your consent to receive notices and communication electronically from us. Communications shall be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address (es) provided for herein.
11. CUSTOMER COMMUNICATIONS
11.1. Accepting these Terms of Sale, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using prerecorded messages or artificial voice, calls and messages delivered using auto telephone dialing system or an automatic texting system, and notifications sent via e-mail. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
11.2. You certify, warrant and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using a particular telephone number(s) and/or email address(es).
12. INTELLECTUAL PROPERTY POLICY
12.1. All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames ("Website Content"), constitute our and our licensors' intellectual property. The Website and the Website Content are protected by the copyright laws in all applicable jurisdictions.
12.2. You agree that upon uploading, posting or submitting reviews of any Product(s) on the Website ("User Reviews"), you grant us, and our affiliates and successors a non-exclusive, transferable, worldwide, non-fee bearing, royalty-free, perpetual, irrevocable right and license to use, distribute, display, reproduce and create derivative works from your User Reviews in any and all media, in any manner, in whole or part, including to advertise our Website, without any duty to compensate you. However, we shall give due credit to you for your User Reviews and not utilize the same in any way or manner which would constitute a violation of your intellectual property rights thereto.
12.3. Notwithstanding the foregoing, we reserve the right to use our discretion to delete reviews for reasons including without limitation, misleading or defamatory statements, improper use of the Website, dissemination of vulgar or insensitive media, etc.
12.4. You may access the Website, avail of the features and facilities for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Products, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Product(s), you may contact us in the manner provided for herein.
14.1. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees and expenses of third parties, arising from or related to
14.1.1. your access and use of this Website, including, without limitation, your access and use of this Website in violation of this Terms of Sale;
14.1.2. any intellectual property or other proprietary right of any person or entity; and
14.1.3. any information or data you supplied to Zeven.
The terms of this provision will survive any termination or cancellation of these Terms of Sale or your use of the Website or Products.
15.1. You agree that you are availing of the features and facilities at your own risk. The feature and facilities are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
15.2. We make no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor do we make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities or from third-party websites that you may be directed to.
15.3. There are no representations and warranties, whether express or implied, made by us regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the features and facilities.
15.4. All information that is provided to us and is uploaded on this Website is accepted in good faith and we accept no responsibility whatsoever regarding the bona fides thereof.
15.5. While we use encrypted security software, we cannot guarantee the security of information that is transmitted via email or on the Internet and we shall not be liable for any damages arising therefrom.
15.6. You shall ensure that while using the features and facilities, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.
15.7. We do not warrant that this Website or any of the websites linked to the Website be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
15.8. We shall not be liable for the loss and/or damage of the confidential information or data of you arising as a result of an event or a series of related events, that is beyond the control of Zeven, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
16. LIMITATION OF LIABILITY
16.1. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of this website’s features and facilities or for interrupted communications, delay, etc., even if we have been advised of the possibility of damages, or inability to use this website, the provision of or failure to provide the features and facilities, or for any information, software, products, services and related graphics obtained through this website or any other site, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. the clause shall survive in perpetuity.
17. MAXIMUM EFFECT
17.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Sale. Under such circumstances, ours and our affiliates' (and our and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.
18. FORCE MAJEURE
18.1. Zeven will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
19. CESSATION OF OPERATION
19.1. Zeven may at any time, in its sole discretion and without providing advance notice to you, cease operation of the Website and all the features and facilities associated therewith.
20. STATUTE OF LIMITATION
20.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. WAIVER OF CLASS ACTION RIGHTS
21.1. BY ACCEPTING THESE TERMS OF SALE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THESE TERMS OF SALE MUST BE ASSERTED INDIVIDUALLY.
21.2. These Terms of Sale will survive indefinitely unless and until Zeven chooses, in its sole discretion and without notice to you, to terminate it.
22.1. You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Sale without our prior written consent. Subject to the foregoing, these Terms of Sale will be binding on each our successors and permitted assigns. Any assignment or transfer in violation of this clause will be deemed null and void.
23. NO WAIVER
23.1. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms of Sale will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Sale.
24. NO AGENCY
24.1. Nothing in these Terms of Sale is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (i) neither you nor us shall be deemed to be an agent or representative of the other by virtue of these Terms of Sale; (ii) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.
25. GOVERNING LAW AND JURISDICTION
25.1. These Terms of Sale are governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of any disputes arising out of or relating to the access and use of this Website and the features and facilities. Access and use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Sale, including without limitation this paragraph. Our performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or the features and facilities or information provided to or gathered by us with respect to such use.
26.1. Zeven reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of these Terms of Sale. Following termination, you will not be permitted to use the Website and Zeven may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Zeven reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
27. ENTIRE AGREEMENT
27.1. These Terms of Sale constitute the entire agreement between us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
You may contact us at:
A1, Silver Oaks,
Kensington Cross Road,
Ulsoor, Bangalore 560008.