Terms of Sale
The following terms and conditions (the “Terms”) apply to all purchases of products or services (“Products”) sold by Xtend Support through this Xtend Support online store website (the “Site”). If you are located in the Americas, Asia Pacific Rim countries & Europe, the Middle East or Africa “Xtend Support” means Xtend Support Private Ltd, maintaining its principal place of business at #14, 4th cross, 7th main, 1st stage, Brindavan Extension, Mysore 570020. “Americas” means the regions of North America, Latin America, Andean Region, Central Americas & Caribbean, and Southern Latin America. “You” or “Your” refers to the individual who has placed an order to purchase the Products through the Site. Any policy or materials specifically referred to in these Terms are incorporated into the Terms by reference. Please read the Terms below carefully. By placing an order on the Site, You agree to abide by these Terms. These Terms do not affect any mandatory and/or statutory rights that You have as a consumer under applicable law.
1. Order and Acceptance.
A Product order submitted by You constitutes Your offer to Xtend Support to purchase the Products pursuant to these Terms and is subject to acceptance by Xtend Support. Any prices or Products referred to on the Site are subject to availability and do not constitute an offer by Xtend Support. After you place an order, Xtend Support may send you a communication confirming receipt of Your order and containing the details of Your order. You agree and understand that any such communication confirming receipt of Your order does not constitute acceptance of Your order by Xtend Support. Xtend Support’s acceptance of Your order becomes effective when Xtend Support dispatches the Products ordered by You and accepts Your payment.
2. Price and Payment Terms.
Prices payable for Products are those in effect at the time of Product dispatch, unless expressly agreed otherwise. Despite our efforts, occasionally an error in the price or description of a Product may be reflected on the Site. In such case, Xtend Support will contact you for instructions before dispatch where you have the option to cancel your order or proceed to place order based on revised price or description of a Product.
Xtend Support reserves the right to withdraw any discount and/or to revise any Product price on the Site at any time prior to acceptance of Your order. The final Product price will be reflected prior to your confirmation of Your order.
The places or countries that Xtend Support delivers Products to are Americas, Europe, the Middle East, Africa & Asia Pacific rim countries & willbe referred as Territory; prices quoted on the Site are:
(i)
Exclusive of the costs of shipping or handling to the place of delivery within the Territory (charges for which are referenced on the Site); and
(ii)
Exclusive of tax, VAT, or duty of any kind which (where applicable) must be added to the price payable.
You agree to pay VAT, taxes, shipping or handling for the Products as specified on the Site when You submit Your order.
Payment may only be made using any of the payment options specified on the Site.
Payment will be charged upon dispatch of the Product. Xtend Support reserves the right to verify credit or debit card payments prior to its acceptance of Your order.
For invoiced payments, each invoice will be due on and payable within the time period noted on Your invoice, measured from the date of the invoice. If at any time you fail to pay any amount due on the relevant due date, Xtend Support may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
No set-off or counterclaim may be deducted from any amount payable by You to Xtend Support without written consent of Xtend Support.
3. Delivery and Risk of Loss.
Delivery times and dates referenced on the Site or in any order communications from Xtend Support are estimates only, and Xtend Support is not liable in the event of a delivery delay.
Xtend Support may charge You for any extra costs arising from changes you make to Your delivery address after You submit an order.
Risk of loss of or damage to the Products passes to You upon delivery or when placed in your possession.
If You refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass to You, without prejudice to any other rights or remedies Xtend Support may have, including:
(i)
Xtend Support shall be entitled to immediate payment in full for the Products delivered and either to effect delivery by whatever means Xtend Support considers appropriate, or to store Products at your risk and expense;
(ii)
You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of Your refusal or failure to take delivery; and
(iii)
If You refuse or fail to take delivery for a period of 30 days, Xtend Support may dispose of the Products ordered by You at Xtend Support ‘s discretion.
4. Returns.
Products once sold & service utilized by You, will make it ineligible for return or refund. Further, refer 2.d.iii
5. Privacy.
Xtend Support takes necessary care to protect information such as Your Name, Email Address, Phone number & other PC information collected during course of delivery of Product. Xtend Support, may deem fit to use information gathered for analysis & market campaign programs as initiated by Xtend Support.
6. Unauthorized Products and Brand Protection.
You may not alter, unbundle or break the Product down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from transferring the Product purchased to a third party for any purposes.
All Product must only be obtained in the first instance from Xtend Support. If, in Xtend Support’s reasonable judgment, the original acquisition of a Product from Xtend Support using a fraudulently obtained credit card or any other unauthorized means, Xtend Support has no obligations to provide customer services or any support to You for the Product in question or to allow the validity of Product to continue.
Xtend Support reserves, in its sole discretion, the right to deactivate validity to the Product which has been obtained through any unauthorized means.
7. Other Important Information.
Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XTEND SUPPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XTEND SUPPORT MAKES NO WARRANTIES THAT: (I) THE PRODUCTS AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE PRODUCTS AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE PRODUCTS AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCTS AND/OR SITE WILL BE CORRECTED. XTEND SUPPORT DOES NOT WARRANT THIRD PARTY PRODUCTS.
Limitation of Liability. SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL XTEND SUPPORT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PURCHASE OF PRODUCTS EVEN IF XTEND SUPPORTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL XTEND SUPPORT’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT.
Proprietary Rights. Xtend Support retains ownership of all proprietary rights in the Products and/or the Site and in all trade names, trademarks and service marks associated or displayed with the Products. You will not remove, deface or obscure any of Xtend Support’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Products.
Force Majeure. Xtend Support shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Xtend Support’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Xtend Support may be excused from such performance to the extent it is delayed or prevented by such cause.
Export Regulation. You acknowledge that the Products and related technical data and services (collectively, “Controlled Technology”) may be subject to the import and export laws of India,
8. General.
If You are located in the Americas, Asia Pacific Rim, Europe, the Middle East or Africa, these Terms will be governed by the laws of India.
Should You have any questions concerning the Terms, or if You desire to contact Xtend Support for any reason, please write to: #14, 4th cross, 7th main, 1st stage, Brindavan Extension, Mysore 570020
