The Exchange Programme (“Services”) will be provided by UTC Digital Technologies a designated third-party service provider (“Exchange Partner”) appointed by Ultron Commerce Pvt. Ltd. (“Ultron”) at its sole discretion.
Ultron and Panasonic expressly disclaim all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained either on the Exchange Partner’s Terms of Use or the Services provided by them.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES. Exchange Partner shall be referred to as “US” “OUR” AND “WE” and Customer as “YOU”, “SELLER” & “YOUR”
Any transaction made on https://store.in.panasonic.com (“Website”) under the Exchange Programme will be subject to the following terms and conditions:
TERMS AND CONDITION
A. By agreeing to avail the benefits under the Exchange Programme, You hereby represent, warrant and covenant that:
- You are the sole, absolute and lawful owner of the used product and You confirm that the Used Product was exclusively for Your personal use;
- By clicking on ‘Exchange’ you have accepted and confirmed the terms of use of the Exchange Programme.
- The Used Product along with all accessories, wherever applicable, under the Exchange Programme is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale etc.
- Final price may vary subject to inspection by Exchange Partner. We reserve the right to modify/amend our quote at any time.
- We reserve the right to change or revoke our Exchange Programme in case upon inspection we have found that:
a) a different brand or condition other than originally quoted;
b) a different pin code provided;
c) any parts or accessories is missing,
d) the Used Product is falling under non-working category as stated in Annexure A.
e) the services availed by You are for commercial purpose. - You further confirm that:
i.In no event Your new product purchased through the website shall be returned to Ultron or the manufacturer a) in case the Exchange QC is rejected by the Exchange Partner, b). in case You voluntarily decline to continue with the exchange programme, c). in case the exchange programme is unable to be completed by the Exchange partner cause of wrong Pin code, wrong contact number or wrong address provided by You. Any other claim including defects & warranty related to the new product shall be governed by the applicable website terms and condition.
ii.All the data in the Used Product (if any and wherever applicable) will be erased before being exchanged under the Exchange Programme;
iii.in-spite of erasing the data manually/electronically, if any data still accessible due to any reason, Ultron or its affiliates, Exchange partner, or Panasonic shall not be responsible for the same and you will not approach any of the above parties for any retrieval or deletion of the data; and
iv.Your eligibility for the Exchange Programme will solely be determined by the results of the checks or diagnostics performed by the Exchange Partner during inspection in accordance with the terms, hence such determination cannot be challenged by You.
v.You agree not to bring any claim against Panasonic, Ultron and Exchange Partner and its affiliates in relation to the adequacy of the value (if any) of the Used Product provided as part of the Exchange Programme. In the event you do not agree with the value provided to You for the Used Product, You may decide not to avail the Offer. - You agree to indemnify and keep indemnified Panasonic and its affiliates, Exchange Partner, Ultron, and any future purchaser of the Used Product against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and/or sustained by Ultron, its affiliates, Exchange Partner and Panas onic or any future purchaser due to:
1.usage of the Used Product by you;
2.data on the Used Product, if any;
3.return of a different product or if the Used Product does not meet the conditions prescribed herein or if the condition of the Used Product is different from the condition specified at the time of availing the Exchange Programme; and
4.any breach of these Exchange Programme terms and conditions. - We reserve the right to modify this Terms and Condition at any time without giving you prior notice. Your use of our Services, following any such modification constitutes your agreement to follow and be bound by the Terms and Condition as modified.
- You acknowledge and agree that the Exchange Partner may stop (permanently or temporarily) providing the Services (or any features within the Services) to You at the partner’s sole discretion, without prior notice to You.
- You agree to take the responsibility of un-installation/un plugging/removing from its original place of working, of Your used product before the Exchange partner sends for pick up.
- In no event shall Panasonic, Ultron and the Exchange Partner be liable (whether under the law of contracts, torts or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively “damages”) whatsoever arising out of or relating to the Services. You agree to defend, indemnify and hold the Panasonic, Ultron and Exchange Partner, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of these Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of data/information of a Used Product. We shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to You or to any other person's computer related to or resulting from participating or downloading materials/information from the Services.
- In order to comply with the Government advisories/directives/notifications/ guidance on social distancing and Covid appropriate behaviour, we require all customers, exchanging their used product, to keep their used product ready at the doorstep for inspection and pick-up (delivery and pickup terms defined in Annexure-B). This is to ensure that our Exchange Partner will provide inspection and pick up service without entering your premise. Please note, no amount shall be adjusted from your New Product purchase through Website. The agreed payment of your Used Product under this Exchange Programme will be made once our Exchange Partner successfully picks up your used product at your doorstep.
B.Unenforceable Provisions:
If any provision of these Terms and condition is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.
C.Force majeure
Ultron, Panasonic and Exchange Partners shall not be liable for any failure or delay in performing its obligations under or pursuant to this so long as and to the extent that the performance of such obligations are affected by the Force Majeure Event;
For avoidance of doubt Force Majeure Events are any event beyond reasonable control, including but not limited to, by fire, flood, earthquake, elements of nature or acts of God, acts of state, strikes, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; outbreak of pandemic disease, quarantines, lockdown, embargoes and other similar governmental action.
D.Restrictions on Use:
You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Service.
E.Disclaimer:
The contents on the Services could include technical inaccuracies or typographical errors. Also, the Exchange Partner may make changes or improvements to the Services at any time. The contents on the Services or any information are provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable terms and conditions.
F.Governing Law and Dispute Resolution:
These Terms and Condition shall be governed by and shall be construed in accordance with the laws of New Delhi, India.
Annexure A
Device
| Product Category | Working | Non-Working |
|---|---|---|
| TV |
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| AC |
|
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| Refrigerator |
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| Washing Machine |
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Annexure B
Delivery & Pickup
- a. Exchange Partner will reach out to You and schedule a time for Quality Check (QC) of the Used Product.
- b. After the completion of the QC inspection of the Used Product, the Exchange Partner shall either accept or reject the Used Product as per used product condition defined in Annexure A.
- c. In case, the Used Product is accepted for Exchange, the Exchange Partner shall arrange for pickup of the Used Product from You.
- d. At the time of pickup of the Used Product by the Exchange Partner, the agreed amount of exchange shall be directly paid by the Exchange Partner to You. The payment shall be done via. UPI or Cash etc.
- e. In case of QC is Rejected, the Exchange Partner shall not pick up the Used Product from You and the exchange transaction shall be deemed to be rejected.
- f. Ultron merely acts as a facilitator in connecting You with Exchange Partner. Ultron has no control or authority over the operations of the Exchange Partner and therefore is not liable for any loss, direct or incidental, that You may incur in case Your used product is rejected by the Exchange Partner during QC.
- g. All paperwork/documentation/declaration required for the exchange transaction shall be signed/fulfilled by You.
