This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The use of the RODAK website www.rodak.in, (hereinafter referred to as “the Website”) and its related sites, services and tools is governed by the following terms and conditions as applicable to the Website/s. You are contracting with RODAK, a partnership company incorporated under Companies Act, 1956 with registered office at Casa De Rodak, #629, Loutolim 403718 Goa, India. These terms and conditions constitute your binding obligations towards these respective contracting entities (hereinafter individually and collectively referred to as “RODAK”).
For the purpose of the User Agreement, Registered User / Guest User ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined on the registration website form) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has issued himself a unique identification user name (“User ID” and “Password”) to become a Registered User or have been identified as Guest User by providing mobile number and email ID.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding the moment the registration form is submitted while providing all relevant information as seen on the registration page and while clicking the continue button or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance. If you are not willing to be bound by this User Agreement and/or RODAK Terms and conditions please do not click on the “check box ” and on the ”continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. RODAK reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to RODAK’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Guest User: If you are transacting as a Guest User you are not entitled to certain services offered on the RODAK website, like up to date on order status, tracking of orders you have previously made and other services that are reserved for registered users only and there could be certain other restrictions for your purchases and other functionality of the Website available to you.
2. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree to:
- a) Provide true, accurate, current and complete information about yourself as prompted by RODAK’s registration form or provided by You as Guest User (such information being the “Registration Data”)
- b) You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User
- c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or RODAK has reasonable doubts to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, RODAK has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication to RODAK, You agree and understand that You are communicating with RODAK through electronic records and You herewith permit to receive communications via electronic records from RODAK periodically and as and when required. RODAK will communicate with You by email or by an AB Post notice or electronic records on the RODAK Website which will be deemed adequate service of notice / electronic record.
4. Fees and Services.
Membership on the Website is free. RODAK does not charge any fee for browsing and/or buying goods or service on the Website. RODAK may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event RODAK reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
4.1 Taxes: All prices mentioned in the RODAK website are inclusive of all Taxes and You are responsible for paying all taxes associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
4.2 Non payment: RODAK reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of products/fees/taxes by you to RODAK. RODAK also reserves the right to take legal action in case of non-payment by you to RODAK.
5. Use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. “Your Information” is defined as any information you provide to us in the RODAK Website (“Users”) in the registration (as Registered User or as Guest User), buying or registration process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that
- (a) belongs to another person and to which You do not have any right to;
- (b) 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, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- (c) harm minors in any way;
- (d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- (e) violates any law for the time being in force;
- (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- (g) impersonate another person;
- (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- (j). shall not be false, inaccurate or misleading;
3. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules hereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service, purchase of items or services, solicitation of offers to purchase. You shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
4. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to RODAK incorporated by way of reference in this Agreement.
5. You release and indemnify RODAK and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
7. Payment Facility
You, as a Buyer, understand that You are entering into a legally binding and enforceable contract with the Seller upon initiating a Transaction to purchase the products and /or services from the Seller using the Payment Facility.
Payments for items on the Website can be made through electronic transactions, in particular credit/ debit/ cash card/ Neft Banking / Online Banking and or any other mode of payment authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
While paying through any payment method offered on the RODAK Website, we are not responsible or liable in respect of any loss or damage resulting directly or indirectly to You due to reasons of exceeding the preset limit mutually agreed between You and your Bank or any other financial institution or any payment issues arising out of the transaction, unauthorized transactions or for any other reason/s refusing transactions.
All payments for purchases/services on the RODAK Website have to be completed in Indian Rupees only and must have been issued by entities operating in India and subject to Indian regulations and at present any other form of currency in respect to the purchases made on the RODAK Website cannot be accepted.
RODAK offers following mode of payments to buy RODAK products.
- Internet Banking
- Debit Cards
- Credit Cards
any other mode of payment, as may be decided and made available on the Website.
In case of Cash on Delivery as a mode of payment, those transactions needs prior permission from the RODAK management and will be decided individually from case to case.
You agree that you shall pay all amounts due upon demand by us in case and for whatever reason we do not receive payment from the credit card issuer or any other financial institution/agent involved in any of the above payment modes.
RODAK reserves the right to refuse to process Transactions by Buyers which have a prior history of breach of any agreements between Buyer and RODAK or Buyer and law or Buyer and corresponding Bank. RODAK may do check on customers credibility and as a result of such checks if RODAK is not satisfied with the creditability or genuineness of the Transaction of the Buyer, it will have the right to reject the Buyers commitment to pay Transaction Price
The Buyer acknowledge that RODAK will not be liable for any damages, interests or claims resulting from not processing a Transaction or any delay in processing a Transaction which is beyond control of RODAK.
Any form of electronic payment like valid Credit / Debit/ Cash Card and or payment gateway or any other appropriate payment system infrastructure, all such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
RODAK may limit your activity immediately, remove your information or end your listing, immediately temporarily/indefinitely suspend or terminate or block your membership and/or refuse to provide you with access to the Website in the event, but not limited to:
- b) If RODAK is unable to verify or authenticate any information you provide; or
- c) If it is believed that your actions may cause legal liability for you, other Users or RODAK. RODAK may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with RODAK or use the Website in any manner whatsoever until such time that such User is reinstated by RODAK. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, RODAK reserves the right to recover any amounts due and owing by you to RODAK and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
All purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser for any item and your purchase is accepted by RODAK, you are obligated to complete the transaction with RODAK.
Purchases once confirmed and paid cannot be immediately cancelled and can only be returned under the 30 day replacement/returning guarantee and you accept to go through the proper process and channels as mentioned in our Return/Replacement terms and conditions. By purchasing an item you agree to be bound by the conditions of sale listed in the RODAK Terms and Conditions.
It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to buy.
Please be aware that even if you do not give RODAK your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
10. RODAK Guarantee
30 Day Replacement Guarantee
If any defect is found of the received product then the buyer of the product can ask for replacement from the seller within 30 days from the date of delivery subject to the following terms and conditions:
1. Notification of damaged products has to be done at the time of delivery, latest in within 30 days from the date of delivery and the same product will be replaced after RODAK is receiving the defective product at its head office. RODAK will replace the damaged part of the product, in some cases it might be the entire product.
Replacement guarantee is bound on following restrictions and under following circumstances products shall not be eligible for replacement:
- If the product has been in use and/or damaged due to misuse
- If product is returned without all original packaging and accessories, instruction manual, manufacturer’s packaging if any and all other items originally included with the product delivered.
- Wear and tear products which have been used/installed like carbon brushes/ball bearing etc.
- If serial/UPC number/seal is missing or if the same have been altered from their original status or damaged
- If claims are made for defects/damages that are not covered under manufacturer’s warranty.
- Replacement of the product may depend upon the availability of the product
If a Buyer request to return a product to the Seller it is assumed that he does this for following reasons:
- Received item is defective
- Received item sent by the Seller is different to the product ordered
- Received Item got damaged during the shipping process
- Received items or part of them was missing on arrival
In most of the case a returned item will result in refund of money and/or replacement of the received item.
Returns are bound on following restrictions, rules and regulations and need to fulfil following circumstances to be qualified as a Return.
- Irrespective of the policy the Seller can always accept the return.
- If the Seller disagrees with the request of the buyer to return ordered and paid goods, the Buyer can always file a dispute under the Buyer Protection Program.
- To avoid unnecessary returns please double check if selected goods are those you intend to buy before proceeding to the payment gateway. Buyers which have ordered wrong items are not necessarily entitled for any return/refund.
- Claims for returns need to be done by the Buyer within 10 days from the date of payment realization while contacting RODAK on Toll Free Number 1800 2 333 111.
- In case the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
- Accepted returns/replacements can be done while the Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it or the Seller has agreed to refund the buyer without expecting the original shipment back or the seller refunds/replace returns/replacement only after shipment reached one of the RODAK stores.
- Only items that are new and unused and returned with the original packaging will be accepted as a refund or returned item.
- If the returned product is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
- Shipping cost for returning the product shall be borne and incurred by the Seller.
- Refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received except for Cash on Delivery transaction which will be made via demand draft in favour of the Buyer issued and delivered on to the registration details provided by the Buyer.
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refunds are conditional and shall be realized in accordance with above terms and regulations and shall be subject to Buyer complying with Policies. In case of any misuse by Buyer refunds are not realized.
If a Buyer request for a replacement it is assumed that he does this for following reasons:
- because he is not happy with the item
- the sent item is damaged in the process of shipping
- the item is defective
- the item is missing
- wrong item is delivered and / or similar cases like the herewith above mentioned.
Replacements are bound on following restrictions, rules and regulations and need to fulfil following circumstances to be qualified as a Replacement:
- Irrespective of the policy the Seller can always accept the replacement request.
- If the Seller disagrees with the request of the buyer to replace the ordered and paid goods, the Buyer can always file a dispute under the Buyer Protection Program.
- Claims for replacement need to be done by the Buyer within 10 days from the date of payment realization while contacting RODAK on Toll Free Number 1800 2 333 111.
Once request for replacement has been raised following procedure will follow:
- Buyer is asked for “Reason for Return” of which following are assumed to be the main reasons:
Shipping was damaged
Item was defective
Item(s) were missing
Wrong item sent
- The Buyer shall submit to Seller request for approval of replacement.
- If Seller accepts the replacement request the Seller will provide the replacement product to the Buyer only after the Seller receives the product that needs to be replaced.
- In case the replacement product is not anymore available/in stock the Seller can transfer refund to the Buyer to which the Buyer is obligated to accept instead of replacement.
- In case Seller rejects the replacement request, the Buyer has the choice to raise a dispute while writing to RODAK, Grievance Officer, Casa De Rodak, Loutolim 403718 Goa, India
- To avoid unnecessary replacement requests please double check if selected goods are those you intend to buy before proceeding to the payment gateway. Buyers which have ordered wrong items are not necessarily entitled for any return/refund.
- Shipping and other replacement charges shall be borne and incurred by the Seller.
If RODAK has knowledge or a suspicion that any of its buyers is involved in any activity that anticipated to provide information that is false, misleading or not genuine and files a invalid and/or false claims or provides false, incomplete, or misleading information which might lead in unsupported claims then RODAK may at its sole discretion block, suspend, restrict and /or disqualify that user and any related users and cancel the Account of such buyers. Any person who, knowingly and with intent to injure, defrauds or deceives, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law and RODAK reserves its rights to initiate civil and/or criminal proceedings against such members.
RODAK products are under warranty for a period of one year from the date of purchase. The warranty includes manufacturing defects, defects in material and workmanship, replacement of one motor under warranty and excludes replaced parts/replaced motors/spare parts, wear and tear item like carbon brushes and ball bearings and Domestic vacuum cleaners that are used for commercial purpose. Service under warranty is provided only upon presentation of reasonable evidence (eg. completed warranty card or purchase receipt). In case of Warranty claim; please send the item in its original assembled version together with proof of purchase to RODAK service station. RODAK reserves the right to decline responsibility in case of repairs made by persons other than RODAK service staff. In no event compensation can be claimed in case of damage to the work piece or injury to the tool user.
11. Transport and State Laws
All Products sold on the RODAK Website are governed by different state laws and if Seller is due to implications of different state laws unable to deliver such Products, the Seller will refund or issue credit for the amount received in advance by the Seller.
It is necessary to enter a valid phone number while placing an order on the Website to enable us contacting you via phone calls and/or SMS notifications in order to update you in reference to delivery/shipment status. We will not use your personal information to initiate promotional phone calls or SMS and will not provide your personal information to third parties.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof)
12. Limitation of Liability
In no event shall RODAK or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and payment gateway Facility, its services or this agreement (however arising, including negligence).
RODAK’s liability in any circumstance is limited to the purchased amount or fees, if any, paid by you to RODAK. RODAK, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website and its related, associated websites will be error free and/or uninterrupted. Consequently, RODAK assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and its related, associated websites.
- Any interruption or errors in the operation of the Website or its related, associated websites. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RODAK has been advised of the possibility of such damages).
You shall indemnify and hold harmless RODAK and (as applicable) RODAK’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, RODAK Rules and Policies, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and RODAK and you shall have no authority to bind RODAK in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of RODAK to RODAK, Casa De Rodak, Legal Department, Loutolim 403718 Goa, India (in the case of RODAK) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and RODAK with respect to the subject matter hereof.
In RODAK’s sole discretion, RODAK may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that RODAK assigns the Agreement on the same terms or terms that are no less advantageous to You.
15. Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is RODAK, Grievance Officer, Casa De Rodak, Loutolim 403718 Goa, India
If any dispute arises between you and RODAK during your use of the Website and its related, associated websites the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by RODAK. The place of arbitration shall be Goa. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in English language.
17. Governing Law
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made hereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively while using RODAK Website.
The User Agreement, Payment Gateway User Agreement and Payment Gateway Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.