Terms and Conditions

TERMS & CONDITIONS OF AXIS BOOKS WITH EFFECT FROM 09 OCTOBER 2011


Welcome to the portal www.axisbooks.in (the "Website"). The content of this Website is the property of Axis Books, having its registered office at 330/9, 2nd Main, Domlur Inner Ring Road, Near Indiranagar Flyover, Domlur Layout, Bangalore -560071 (the "Company"). The Company is in the business of selling books, stationery, multimedia, movies, toys and gifts ("Products") on the Website. We request you to carefully go through these terms & conditions ("Terms & Conditions") to understand the different features of our service. By registering with the Company to avail our services, you irrevocably accept all the obligations stipulated in the Terms & Conditions and agree to abide by them. Accessing the Website through any medium, including but not limited to services on mobile phones, are also subjected to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you.


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE


If you do not agree with these Terms & Conditions, you may not use this Website. By using this Website, you signify your agreement to these Terms & Conditions as well as the Website's Privacy Policy (which is herby incorporated by reference herein). These Terms & Conditions set out the legally binding terms of the services available on the Website as well as at the terms of use of this Website. The Terms & Conditions along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website ("Users") as well as users who are registered and are authorized by the Website to transact business on the Website ("Members"). We reserve the right to modify or terminate any portion of the Website or the services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms & Conditions periodically. Nothing in the Terms & Conditions should be construed to confer any rights to third party beneficiaries. Services available on this Website are for the use of Members only.


1. REGISTRATION


  1. All Users who wish to purchase Products on the Website shall register on the Website and become Members prior to the completion of any transaction / purchase on the Website.
  2. To register onto the Website, the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.
  3. Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account.


2. PRICING


Products will be charged at the prices stated on the Website. There are no hidden charges when you make a purchase on the Website.


Product prices are subject to change without notice. For any order, the Product price is the prevailing price on the day the order is placed and payment has been realized by the Company.


Infrequently, data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and we do not honor inaccurate or erroneous prices.


3. PRODUCT AVAILABILITY


Each Product will be shipped based on Product availability. The duration within which each Product will be shipped is mentioned alongside the Product and may differ from one Product to another. Please note the following Product availability status and corresponding shipping timelines:


  1. "Available" - Products mentioned as "Available" will be shipped in 5-7 business days.
  2. "In-Stock" - Products mentioned as "In-Stock" will be shipped in 8-12 business days.
  3. "Out of Stock" - Products mentioned as "Out of Stock" are currently not available with the Company. We will however ship the Product to you when and if the same becomes available with the Company.
  4. "Out of Print" - Products mentioned as "Out of Print" are not available with the Company as they are no longer being published and have been permanently discontinued.
  5. "Imported Edition" - Products mentioned as "Imported Edition" will be shipped in 12-30 business days.
  6. "Pre-Orders" - You will be able to pre-order certain Products. These Products will be shipped as and when they become available with the Company. Please note that the Company cannot, and does not, provide any timeline within which such Products will become available. The Company is also not responsible for any delay that might occur with respect to the availability of such Products that may be "pre-ordered."


Please note that business days exclude public holidays and Sundays.


4. ORDER


Any User who wishes to purchase Products from the Website can add the selected Products directly to the shopping cart. Once the User is ready to make payments for his / her purchase(s), such User will be prompted to register with the Website, as detailed in Section 1 above. Only registered Members can make purchases online.


Please note that the Company will not be able to send any Order Confirmation / Shipment / Delivery SMS notifications unless Members perform any one of the following actions:


  1. Send "START 5" to 1909 to activate partial-DND, allowing you to receive SMS alerts from all 'Consumer Goods' companies; OR
  2. Send "STOP" to 1909 to de-register from DND.


The Company will send email notifications to the email id provided to the Company by the Member during the registration process. However, since a lot of courier and shipment related communication happens via SMS, it is advisable that you subscribe to partial DND.


All orders are considered complete only after the payment has been realized by the Company.


5. PAYMENT


The Company accepts only the following payment options from Members who make purchases on the Website:


  1. Credit Card
  2. Debit Card
  3. Net Banking


No matter which method of payment is used, all details furnished towards processing a payment will remain private and confidential.


The Company accepts all valid Credit / Debit Cards issued by Government of India authorized (nationalized/private) banks.


The Company accepts all valid Net Banking enabled by Government Of India authorized (nationalized/private) banks.


If you have any questions or experience any problems while making payments on the Website, please do not hesitate to contact us at Contact Us.


THE COMPANY AS A MERCHANT SHALL BE UNDER NO LIABILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF THE DECLINE OF AUTHORIZATION FOR ANY TRANSACTION, ON ACCOUNT OF THE CARDHOLDER HAVING EXCEEDED THE PRESET LIMIT MUTUALLY AGREED BY US WITH OUR ACQUIRING BANK FROM TIME TO TIME


Please note that we do not provide or accept any payments via "Cash-on-Delivery."


6. DELIVERY AND SHIPPING


The Company provides free delivery on all Products if your total order amount is more than Rs. 250/-. Otherwise Rs. 25/- is charged as delivery charges.


You have to specify the address to which the shipment has to be made at the time of purchase. All Product(s) shall be delivered directly to the address as specified at the point of ordering and you cannot, under no circumstances whatsoever, change the address after the order is processed.


You will be provided with an order number and a tracking number when your order is processed and verified by us. You can track your order online by using the tracking number provided to you.


We process all deliveries through reputed couriers. The estimated time of delivery is between 7 to 10 business days from the date of shipment. If there is no courier service available in your area, we will ship your Product(s) via Government Registered Bookpost or Speedpost. For Product(s) shipped via Government Registered Bookpost or Speedpost, the estimated time of delivery is between 2 to 3 weeks from the date of shipment. We will notify you when your Product(s) are shipped. Business days exclude public holidays and Sundays.


Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistencies in name or address will result in non delivery of the Product(s).


International Delivery:


The Company does not deliver Products internationally.


7. DELAYS


The Company ensures that the Products you purchase via the Website are shipped within the time frame mentioned in Section 3 above. However, if due to any reason you fail to receive your order in the stipulated time-frame, feel free to contact us at +91-80-40383838 and we can contact the concerned service provider and resolve the issue for you.


8. RETURNS


Products purchased from the Website can be returned only by emailing us at info@axisbooks.in within one (1) day from the date of delivery of Product(s), subject to conditions detailed hereafter. If, you want to return the Products purchased from the Website, please email us info@axisbooks.in within one (1) day of date from delivery and place your request to return the Products. All Product(s) which you wish to return should reach us within two (2) weeks from the date you email us stating that you seek to return such Product(s).


Please note that for return of damaged books / Product(s) only, the courier and shipping charges shall be borne by the Company.


In case you wish to return any Product(s) purchased via the website, we request you to provide the following information to us:


  1. the full name of the person to whom the order has been billed;
  2. the order number and/or the purchase order number (in case you have received such purchase order number);
  3. the date on which such order was placed on the Website; and
  4. the Product(s) you wish to return.


If you have received any book which is either damaged or defective (for example, if pages from the book are missing), we request you to inform us of the same. We shall arrange for the courier for the books to be returned.


If you wish to return any of the Product(s) for reasons not stipulated herein, it shall be the responsibility of the Member to arrange for the return of such cancelled Product(s) and the shipping and courier charges shall be borne by such Member.


CONDITIONS FOR RETURN


  1. All Products must be returned in the same condition / unopened as delivered by the Company.
  2. Any Products returned showing signs of any damage in any manner shall not be accepted for return.
  3. All requests for return of Products have to be placed within one (1) day from the date of delivery. No return requests after one (1) day from delivery will be processed.
  4. We request you not to accept any Product package that seems to be tampered with, opened or damaged. Please contacts us at Contact Us , and we will do the needful.


9. CANCELLATIONS


If a Member wishes to cancel his / her order placed on the Website before the order has been shipped, the Company will refund the entire amount of the order.


If you wish to cancel your order, please email us at info@axisbooks.in. We do not accept cancellations over the telephone for security reasons.


Please note that once the Product(s) is/are shipped, you will not be able to cancel such order(s). Such cancellation requests will be treated as a Product Return. We request you to kindly refer to the terms of Product Return as detailed in Section 8 above


In case you wish to cancel any Product(s) ordered via the website, we request you to provide the following information to us:


  1. the full name of the person to whom the order has been billed;
  2. the order number and/or the purchase order number (in case you have received such purchase order number);
  3. the date on which such order was placed on the Website; and
  4. the Product(s) you wish to cancel.


10. REFUND


Any refunds due by the Company to you due to a return or a cancellation of an order in the manner stipulated in Section 8 or 9 above, will be returned in the following manner:


  1. Credit Card / Debit Card: The credit card / debit card account of the Member will be re-credited with the refund amount by the Company. The refund amount will be credited to your account within the time span stipulated by the bank which has issued the credit card; or
  2. Net Banking: The refund amount will be returned to the account used by you while placing the order.


11. OPEN COMMUNICATION TOOLS / FORUMS


  1. The Company may also provide various open communication tools / forums on the Website where Members may be allowed to post comments on blogs and message boards, join newsgroups, provide Product ratings and reviews and the like. The Company may not pre-screen or monitor content posted by Members on these open communication tools / forums. Members must ensure that they use these open communication tools / forums in a responsible and a principled manner. Members acknowledge and agree that they will not upload, post, share or distribute any content that:

    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist or contains any type of suggestive, inappropriate, or explicit language;
    2. contains any type of unauthorized or unsolicited marketing and advertising; or
    3. impersonates any person or entity.

  2. The Company has the right, in its sole discretion, to remove any content that in its judgment violates these Terms & Conditions. The Company shall not be held responsible for any delay or failure in removing such content. If any Member posts any content that the Company chooses to remove, such Member hereby consents to such removal and further acknowledges and agrees to waive any claim against the Company.
  3. The Company does not assume any liability for any content posted by Members on the Website using any open communication tools / forums. Any content posted by any Member on the Website through such open communication tools / forums which do not infringe any third party intellectual property rights, shall vest with the Company. Such Member grants the Company a perpetual, irrevocable, worldwide, royalty free, exclusive license to reproduce, modify, adapt, translate, publish, public display and distribute such content as the Company may, in its sole discretion, deem fit. To further clarify, this refers and applies to content posted only through open communication tools / forums and does not refer to information provided during the registration process. Information collected during the registration process is governed by the Privacy Policy.


BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:


  1. You are 18 years of age or older and that your use of the Website and / or services shall not violate any applicable law or regulation.
  2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
  3. Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
  4. Your personal and non-commercial use of this Website shall be subjected to the following restrictions:

    1. you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product;
    2. you may not decompile, reverse engineer, or disassemble the content, or
    3. you may not remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

  5. You will not:

    1. use any Product or service available on the Website and / services for commercial purposes of any kind; or
    2. advertise or sell any Products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind; or
    3. use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.

  6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or services.
  7. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
  8. You will not delete or modify any content of the Website and / or services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  9. The Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms & Conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  10. All information, content and material contained in the Website and / or services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.
  11. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.
  12. You expressly understand and agree that:

    1. The information, content and materials on this Website and / or services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
    2. The Company makes all reasonable efforts to display the Products listed for sale on its Website as accurately as possible. However, the Company cannot guarantee that your monitor's display of any Product will be accurate. The Company does not warrant that Product descriptions or other content are accurate, complete, reliable current or error free. While the Company makes every effort to ensure that the Products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, the Company reserves the right to refuse the sale of that item.
    3. The Company does not warrant that the functions contained in content, information and materials on the Website and / or services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
    4. Any material downloaded or otherwise obtained through the Website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

  13. You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
  14. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:

    1. the use or the inability to use the Website and / or services; or
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website and / or services; or
    3. unauthorized access to or alteration of your transmissions or data; or
    4. statements or conduct of any third party on the Website and / or services; or
    5. any other matter relating to the Website and / or services.

  15. The Company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the Company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the website and / or services and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.
  16. Each paragraph, clause, sub-clause and provision of these Terms & Conditions shall be severable from each other and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these Terms & Conditions or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid term and condition, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.
  17. Those who access the Website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. These Terms & Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this letter, shall be subject to the jurisdiction of the courts at Bangalore.
  18. In the event of breach of the terms and conditions of these Terms & Conditions, the User/Member shall be promptly liable to indemnify the Company for all the costs, losses and damages caused to the Company as a result of such a breach. Further in the event of your breach of these Terms & Conditions, you agree that the Company will be irreparably harmed and will not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. The Company's right to obtain such relief shall not limit its right to obtain other remedies.
  19. The Company further reserves the right, in the event a Member breaches the Terms & Conditions stipulated herein, to suspend and / or terminate such breaching Member's access to the Website with or without notice to such Member. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating such Member's access to the Website. Upon suspension or termination, such Member's right to procure the services on the Website shall immediately cease and the Company reserves the right to remove or delete such Member's information that is available with the Company, including but not limited to login and account information.
  20. Any failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
  21. I have read the terms and conditions and agree to all of the provisions contained above.


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