Terms of Use

About Us

Welcome onboard Shipzers! This website is owned and operated by Shipzers India Private Limited having its registered office at Plot No. 544P, Pace City II, Sector 37, Gurgaon 122001 (“Shipzers”, “we”, “us” or “our”). Shipzers offers to its high quality and affordable luxury audio products and accessories (“Products”).

Legal Notice

By accessing and using this website viz. www.shipzers.com or any other website or mobile application owned or operated by Shipzers (“Site”) or by purchasing our Products or availing any of our services such as warranty registration and support, whether as a guest or a registered user (“user” or “you”), you accept that you have read and understood these terms and conditions, including those incorporated herein by reference (“Terms of Use”), and AGREE to the same.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBISTE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the Site and/or transact on the Site. Any minor who wishes to use or access the Site is required to conduct such transaction through his/her legal guardian or parents. If you are a parent or legal guardian who has consented to the use of this Site by a minor, you are fully responsible for that person’s use of this Site, including all financial charges and legal liability that that person may incur. If you do not meet all of these requirements, you must not access or use this Site.

Other applicable terms

These Terms of Use refer to and incorporate the following additional terms, which also apply to your use of our Site:

(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

(b) Our Cookie Policy, which sets out information about the cookies on our Site.

Changes to Terms of Use

We may, from time to time, vary these Terms of Use at our sole discretion. The amended Terms of Use will be effective immediately once they are uploaded on the Site. We will notify you on this Site or through the usual channels of communication that we use to interact with you, before we make changes to these Terms of Use and give you the opportunity to review before continuing to use our services. The version of the Terms of Use that will apply to your order will be those uploaded on the Site at the time you use or access the Site or place your order on the Site. Please check these Terms of Use regularly to ensure you are aware of any changes made by us. If you continue to use our Site, you are deemed to have accepted such changes. If you do not agree to any such changes (including any referenced policies or guidelines), you should not use our Site.

We reserve the right to block any user and permanently disable User Account if we believe in our sole discretion that action of such user has resulted in breach of the Terms of Use.

Products

The prices and availability of the Products, offers and services provided or offered on the Site are subject to change without prior notice and at the sole discretion of Shipzers. Shipzers may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability.

You further acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability. The prices displayed at the Site are inclusive of goods and sales tax (“GST”), but do not include a delivery charge. The prices and offers in offline store and online on websites and portals other than the Site may vary from the prices displayed on the Site.

While describing our Products on our Site, we endeavour to be as accurate as possible. To the extent permitted under applicable law, we do not warrant that the Product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the images of the Product are indicative and are for illustrative purposes only. While we take all reasonable care to ensure that all details, colour, descriptions and prices of the Products are as accurate as possible, but they may not match the actual Product due to technical reasons such as resolution of the screen used to access the Site, network strength, etc.

Customer Communications

By accessing the Site or placing an order or sending any information to us through the Site or email, you are communicating with Shipzers electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from Shipzers periodically and as and when required. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication.

At any point of time, you have the right to withdraw your consent by following the below stated opt-out procedure.

(i) By clicking a link found in any email communication that you may receive.

(ii) By sending your request to customcare@shipzers.com.

Proprietary Rights

Other than where expressly stated, Shipzers owns all intellectual property rights in the Site and in the material published on it, including but not limited to text, text placement, images, audio, video, layout, html-code and buttons “Content”). These rights include but are not limited to all copyrights, database rights, trade names, trade dress and trademarks. Shipzers owns the proprietary rights and trade secrets in the Products.

You may only view and use the Site and the Content for your own personal, non-commercial use. We and our group companies expressly reserve all intellectual property rights in and to the Site and the Content and your use of the Site and the Content is subject to the following restrictions. You must not:

(a) remove any copyright or other proprietary notices contained in the Content;

 

(b) use any Content from the Site in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or

 

(c) reproduce, modify, display, perform, publish, duplicate, distribute, disseminate, sell, broadcast, communicate to the public or circulate to any third party or exploit this Site and/or the Content in any way including for any commercial purpose, without our prior written consent.

We expressly reserve all rights in and to the shipzers.in domain name and all related domains and sub-domains, the name "Shipzers”, “SHIP”, our logo, trade name, trademarks and our service marks.

Third Party Links

In addition to making the Products available, the Site also offers information and marketing materials. The Site also offers information, both directly and through indirect links to third-party websites. Shipzers does not always create such information and the content published on the Site; instead, the information and content are often gathered from other sources. Shipzers does not endorse any such information or content and Shipzers expressly disclaims any and all liability in connection with the same. Shipzers is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that Shipzers does create the content on this Site, such content is protected by intellectual property laws of India.

Any links to third-party websites are provided solely as a convenience to you. Shipzers does not endorse, affiliate, sponsor or recommend any such third-party websites. Shipzers is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.

Account

You may purchase Products as a guest or create and hold a user account (“User Account”). You will be responsible for maintaining confidentiality of your User Account, password, and restricting access to your system, and you hereby accept responsibility for all activities that occur under your User Account. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each User Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.

If you choose, or are provided with, a user identification number/code, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time at our sole discretion.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the Terms of Use herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any loss caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.

If you know or have reasons to believe that the security of your User Account has been breached, you should contact us immediately at the ‘Contact Us’ provided below. If we have found a breach or suspected breach of the security of your User Account, we may require you to change your password, temporarily or permanently block or suspend your User Account without any liability to Shipzers.

We reserve the right to refuse service, suspend access to and/or terminate User Accounts without prior notice if the Terms of Use are violated or if we decide, in our sole discretion, that it would be in Shipzers’best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

Buy as a Guest

You can purchase most items on the Site without a User Account, however some features of the Site may not be available such as shortlisting/ wish listing a Product, writing a review, raising a complaint, etc.

Access to and use of the Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Product or service we provide on our Site without notice. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site.

You may only access the Site for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.

Shipzers is not responsible for any damages resulting from use of the Site by anyone. You will:

(a) not use the Site for any illegal purposes or the purposes not intended;

 

(b) abide by all applicable laws in relation to your use of the Site;

 

(c) not interfere with or disrupt the use and enjoyment of the Site by other users;

 

(d) not resell material on the Site;

 

(e) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication;

 

(f) not defame, harass, abuse, or disrupt other users of the Site; and

 

(g) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

By using this Site, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Site in connection with your personal, non-commercial use of the Site. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Shipzers or the applicable third party (if third party content is at issue).

By posting, storing, or transmitting any content on the Site, you hereby grant Shipzers a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to Shipzers’ policies. Shipzersdoes not have the ability to control the nature of the user-generated content offered through the Site. You are solely responsible for your interactions with other users of the Site and any content you post. Shipzersis not liable for any damage or harm resulting from any posts by or interactions between the users. Shipzers reserves the right, but has no obligation, to monitor interactions between and among users of the Site and to remove any content Shipzers deems objectionable. Under no circumstances will Shipzersbe liable in any way for any user generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Shipzers for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user generated content.

You are prohibited from:

(a) violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or a User 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”, “mail bombing”or “crashing”;

 

(d) sending unsolicited email, including promotions and/or advertising of any products or services; or

 

(e) forging any 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, threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.

Disclaimer of Warranties

Your use of the Site and/or Products are at your sole risk. The Site and the Products are offered on an “as is” and “as available” basis. Shipzers expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Site content, or any reliance upon or use of the Site content or Products.

Without limiting the generality of the foregoing, Shipzers makes no warranty that:

(a) the information provided on this Site is accurate, reliable, complete, or timely;

 

(b) the links to third-party websites are to information that is accurate, reliable, complete, or timely;

 

(c) no advice or information, whether oral or written, obtained by you from this Site will create any warranty not expressly stated herein;

 

(d) as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and

 

(e) regarding any Products purchased or obtained through the Site.

The inclusion of any Products or offers on the Site at a particular time does not imply or warrant that the Products or offers will be available at any time.

Shipzers shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and system needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Shipzersdoes not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

Limitation of Liability

Shipzers takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Site content and Products and/or for any breach of this Terms of Use. Shipzers will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with the Terms of Use or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Site content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Site; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

You agree that, to the fullest extent permitted by applicable law, neither Shipzers nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Shipzers. We make no representations or warranties that defects, or errors will be corrected.

This disclaimer constitutes an essential part of this Terms of Use.

Indemnification

You hereby release, indemnify, defend and hold harmless Shipzers, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this Terms of Use or the breach of your warranties, representations and obligations under this Terms of Use; (b) the Content or your use of the Content; (c) the Products or your use of the Products; (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this Terms of Use; or (f) any information or data you supplied to Shipzers. When Shipzersis threatened with suit or sued by a third party, Shipzers may seek written assurances from you concerning your promise to indemnify Shipzers; your failure to provide such assurances may be considered by Shipzers to be a material breach of this Terms of Use. Shipzers will have the right to participate in any defense by you of a third-party claim related to your use of any of the Content or Products, with counsel of Shipzers choice, at its expense. Shipzers will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Shipzers against any claim, but you must receive Shipzers prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Terms of Use or your use of the Site or the Products.

General

Force Majeure: Shipzers 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, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Site, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further, if any force majeure event takes place that affects the performance of our obligations under these Terms of Use our obligations under these Terms of Use shall be suspended for the duration of force majeure event.

Cessation of Operation: Shipzers may at any time, in its sole discretion and without advance notice to You, cease operation of the Site and distribution of the Products.

Entire Agreement: These Terms of Use comprises the entire agreement between you and Shipzers and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of Shipzers to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms of Use remain in full force and effect.

Governing Law and Jurisdiction: These Terms of Use shall be construed in accordance with the applicable laws of India without regard to its conflict of law principles to the contrary. By using this Site or ordering Products, you consent to the sole jurisdiction and venue of the courts at Gurgaon, Haryana in connection with any action, suit, proceeding or claim arising under or by reason of these Terms of Use.

Waiver of Class Action Rights: By accepting these Terms of Use, 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 Use must be asserted individually.

Termination: Shipzers reserves the right to suspend or terminate your access to the Site or User Account if it reasonably believes, in its sole discretion, that you have breached any of the terms of these Terms of Use. Following termination, you will not be permitted to use the Site and Shipzers may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Site is terminated, Shipzers reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Site. These Terms of Use will survive indefinitely, unless and until Shipzers chooses, in its sole discretion and without advance notice to you, to terminate it.

Domestic Use: Shipzers rmakes no representation that the Site or Products are appropriate or available for use in locations outside India. The users who access the Site from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under these Terms of Use to anyone. Shipzers r may assign its rights and obligations under these Terms of Use in its sole discretion and without advance notice to you.

Severability. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Site.

Customer Care

Email: customcare@shipzers.com

Contact Days: Monday-Friday (From 9:00 A.M to 6:00 P.M)

Grievance officer: The name and contact details of the Grievance Officer to handle any complaints in relation to the sale of the Products or use of this Site are provided below:

Email: grievanceofficer@shipzers.com

Time: Monday-Friday (From 9:00 A.M to 6:00 P.M)