General terms and conditions for online sales
These terms and conditions (the “Terms”) shall apply to all purchase orders submitted or to be submitted by you for any hardware, software, or license offered to you on or via www.trakfamily.com (the “Site”). All hardware, software, or licenses offered to you on or via the Site is offered to you by TFTS – TrakFamily Technology Solutions, corporate registration number 07656954061, with registered address B-3/201, 2’nd Floor, Prerna Complex, Subhash Chowk, Laxmi Nagar, New Delhi, India, Pincode 110092 (hereinafter referred to as “TFTS”).
The hardware, software, or licenses offered on or via the Site is intended for adults, if you are under the age of 18, or the legal age of majority in you place of residence, you warrant that your parent, legal guardian, or other responsible adult has given its prior consent to your purchase via the Site.
2 Purchase orders and prices
Any order submitted by you is subject to TFTS’ acceptance. An agreement between you and TFTS will be concluded only upon TFTS’ acceptance.
All orders are subject to product availability.
TFTS reserves the right to reject any orders in part or in full.
The applicable prices are stated on the Site on the date the order is placed. TFTS reserves the right to change the prices at any time but such change will not affect orders made prior to the date of the change. All prices are inclusive of VAT (value added tax). You are solely responsible for any local taxes, sales and use taxes and any other taxes and government levies and custom duties, if any, associated with your order.
Shipping and handling charges (if any) will apply in addition to the sale price indicated on the Site. Shipping and handling charges (if any) will vary depending on your delivery address and purchased hardware, software, or license. The shipping and handling charges applicable to your purchase order will be displayed via your shopping cart on the Site.
3 Methods of payment
TFTS accepts different payment methods depending on your country. The payment methods applicable to your country can be found via trakfamily.com.
4 Delivery and risk of loss
Subject to product availability, packages are generally dispatched 3-7 days after TFTS receives payment. Standard delivery times vary depending on your country.
Your order will be delivered to the address specified by you as your delivery address, electronically or by automatic activation (applicable if you purchase a license). If your order consists of multiple products TFTS reserves the right to deliver and/or activate each product separately.
The risk for loss or damage to the hardware, software, and license will pass to you at the point when delivered to your delivery address or your possession.
5 Return policy
You are entitled to return hardware purchased via the Site for any reason at any time during fourteen (14) days following the date of receipt at your delivery address. Your right to return hardware purchased via the Site is conditioned upon that the hardware has not been used.
If you elect to return hardware purchased via the Site in accordance with Section 5.1 above you must contact TFTS within fourteen (14) days following the date of receipt at your delivery address via email@example.com to obtain a return number. The hardware must be returned in its original packaging and in a substantially unchanged condition to the address provided by TFTS. You are responsible for paying the shipping costs associated with the return of the hardware. If the returned hardware is returned in a substantially unchanged condition TFTS will refund you the sums paid for the applicable hardware. TFTS will not refund you if the returned hardware is not returned in a substantially unchanged condition.
You are entitled to cancel software purchased via the Site in accordance with Section 5.1 and 5.2 above only if you have not installed, downloaded or activated the software.
6 Limited Offsite Warranty applicable to hardware sold by TFTS
TFTS offers a limited warranty that the hardware sold by TFTS will be free from defects in material and workmanship when used normally and in accordance with TFTS instructions. To the extent permitted by applicable law, the limited warranty offered by TFTS is limited for a period of one (1) year from the date when the hardware was purchased. If the time limitation of one (1) year from the date when the hardware was purchased is in non-compliance with mandatory law, TFTS offers a limited warranty in accordance with the minimum permitted by mandatory law.
This Warranty does not apply to: (i) cosmetic damage including but not limited to scratches and broken plastic (ii) consumable parts, such as batteries or protective coatings, unless failure has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause; (iv) damage caused by use with another product; or (v) defects caused by normal wear and tear or otherwise due to the normal aging of the hardware. This limited warranty does not cover software or licenses.
Except for this limited warranty TFTS provides Products “AS IS” and TFTS makes no warranty as to the Products, expressed or implied, including but not limited to the Warranty of non-infringement, fitness for a particular purpose, accessibility and availability.
If you wish to make a claim under the limited warranty you have to contact TFTS via firstname.lastname@example.org within one year from when your hardware was purchased. The hardware must be returned to TFTS as soon as possible following your notice to TFTS to the address provided by TFTS together with an explanation of the defect. If product needs to sent to company for inspection or repair, you will be responsible for paying for shipping costs for the item. You should consider using a trackable shipping service or purchasing shipping insurance. Tracking of the item needs to be done by you as the company doesn’t guarantee that we will receive your returned item to our address.
Any provisions which by their nature are intended to remain in force upon the expiry or termination of any sale or subscription will remain in effect.
8 Contact information
All questions, complaints and other communication regarding these Terms shall be made in writing and sent to TFTS by email or by registered mail to the following address:
TFTS – TrakFamily Technology Solutions
B-3/201, 2’nd Floor, Prerna Complex,
Subhash Chowk, Laxmi Nagar,
New Delhi, India Pincode 110092
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of the Terms. Such prohibited or unenforceable provision will be interpreted as closely as legally possible to the original sense and purpose of such provision. Any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction.
10 Applicable law
These Terms are governed by the substantive laws of New Delhi and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in your country of habitual residence. Therefore, the interpretation, execution and cancellation these Terms are subject exclusively to Indian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Indian courts. If you are a consumer, any disputes will be resolved by the court of your domicile or residence based on the applicable law. Notwithstanding anything to the contrary, nothing will prevent TFTS from bringing an action for infringement of intellectual property rights against you or any claim regarding non-payment against you in any country where such infringement or non-payment is alleged to occur or in your country of habitual residence.