Terms and Conditions
The website https://store.in.panasonic.com ("Website") is operated by Ultron Commerce Private Limited ("Ultron" or "us" or "we" or "our").
The Terms and Conditions mentioned below shall be binding on the user/customer using this Website for online purchase of products or otherwise. The user agrees to have read the Terms and conditions and be bound by the same. Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions mentioned herein below.
In addition, when User/Customer uses any service, User/Customer may be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Ultron reserves the right to change the services provided through the Website and/or these terms and conditions at any time. Ultron retains the right to deny access to anyone who Ultron believe has violated any terms of this Agreement.
Ultron shall be solely responsible for fulfilment of all the orders placed through this Website including but not limited to invoicing, receipt of payment and delivery of the products to the customers. In no event shall Panasonic, its affiliates, directors, officers, agents, consultants or employees ('Representatives') be liable for any purchases made through this Website.
You warrant that You possess the legal authority to accept these Terms and thereby enter into an agreement with Ultron under the applicable laws and to use the Website and Service(s) in accordance with all terms and conditions herein.
"Agreement" means the Terms and Conditions of this Agreement.
"Documentation" means the information made available by Ultron regarding the Service, including user guides & manuals; help files; tutorials including written, audio and video; policies; procedures; and other information made available by Ultron regarding the Service, as updated from time to time.
"Instruction(s)" means the instructions given by You on or through the Website, and includes Orders placed by You through the use of the Website.
"Order" or "Ordered" means an offer made by You to Ultron to purchase certain product(s) manufactured by Panasonic from the Website.
“Dead on Arrival or DOA” Dead on Arrival means a Product that is received damaged or non-functional, and discovered immediately after the first time it is removed from the original product packaging, but excluding any damage that occurs during the unpacking and setup process.
"Service" shall mean your instructions, orders and interactions with the Website; responses generated by the Website; and all actions undertaken in pursuance of Your Instructions on the Website, including but not limited to placement of orders, dispatch of ordered products, and delivery of ordered products.
“Installable Products” shall mean all products which require an expert personnel for installation and demo, includes but not limited to Refrigerator, Washing Machine, Microwave, Deep Freezer, TV, Home Audio Products, Air Conditioner etc.
“Plug and Play Products” shall mean any other Products not covered under the definition of Installable Product above.
"Third-Party Service Provider(s)" shall include Payment Gateways and Delivery Providers and any other activities undertaken by third-parties.
"User/Customer" means a person visiting and interacting with the Website or Service also referred to as You/Your.
Both User and Ultron are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
3.Access and Use of Service
- 3.1.Age and Competence. Use of Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The Service is not intended for anyone under 18 years of age. You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- 3.2.Usage Limits. We may place reasonable technical or non-technical limitations on the use of the Service by Customer, regardless of whether or not such limitations are communicated to Customer, including but not limited to allocation of bandwidth, computing power, or any other limitation mentioned in Documentation or as specified in the Service.
- 3.3.Service Availability. Ultron will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
- 3.4.Reviews, Comments, Communications and Feedback. The Website may include functionality that allows You to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions or other information, as long as the content does not violate these Terms or any applicable law(s). In particular, all such content must abide by Your responsibilities under "Legality of Your Use" below. You agree to grant licenses in accordance with "License by Customer" below. You represent and warrant that You own or otherwise control all of the rights to the content that You post or that You otherwise provide on or through the Website or Service; that the content or material is accurate; and that use of the content and material does not breach these Terms and any applicable policies.
- 4.1.Customer Disclaimer. You acknowledge and undertake that You are accessing the Website and providing Instructions, placing Orders, or otherwise interacting with or transacting on the Website or Service at your own risk, and that You are using Your best and prudent judgment before undertaking any such activity.
- 4.2.Accounts. You may be required to create an account in order to access and use certain features of the Service. If You choose to create such account, You agree to provide and maintain true, accurate, current and complete information about You. You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any activity that occurs under Your account. You agree to immediately notify Us of any unauthorized use of Your password or account or any other breach of security.
- 4.3.Legality of Your Use. The Website may allow You to transmit or publish information such as by posting reviews and providing feedback. Ultron may remove any information in violation of this clause at any time without prior notification and without assigning any reason. You shall be the sole responsible party to ensure that Your use of the Website and Service complies with all applicable laws, and third-party privacy and intellectual property rights. In particular, You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i.belongs to another person and to which You do not have any right to;
ii.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;
iii.harm minors in any way;
iv.infringes any patent, trademark, copyright or other proprietary rights;
v.violates any law, rules or regulations for the time being in force in or outside India;
vi.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.impersonate another person;
viii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix.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 insulting any other nation;
x.falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file, text, information or data that is uploaded or otherwise provided by You;
xi.consists of commercial solicitation, mass messaging, political campaigning or any form of spam;
xii.is likely to cause annoyance, inconvenience or needless anxiety.
- 4.4.Misuse of Services. You must not misuse the Website or Service by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Us. You must not attempt to gain unauthorized access to the Website or Service or content or their related systems or networks. You must not attempt, permit or undertake direct or indirect access to or use of the Website or Service or content in a way that circumvents a contractual usage limit, or use the Website or Service to access or use any of Panasonic's intellectual property except as permitted under these Terms or the Documentation.
- 4.5.Abusive or Excessive Use. You must not take any action or otherwise engage in (i) imposing an unreasonable or disproportionately large load on the Service of the infrastructure of the Service; and/or (ii) abusive or excessive usage of the Services or the infrastructure of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users.
- 4.6.Information Extraction. You shall not, without explicit prior written authorization from Ultron specifically permitting such an action, perform reverse look-up, trace or seek to trace any information on any other Customer of Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- 4.7.Fraudulent or unlawful behaviour. You agree not to use the Service for fraudulent purposes, or in connection with criminal offense or other unlawful activity.
- 4.8.Scanning for Vulnerabilities. You agree not to probe, scan or test the vulnerability of any Ultron’s system or network without explicit prior written authorization by Ultron.
- 4.9.No Reverse Engineering. You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Website, whether in whole or in part, or create any derivative works from or of the Website.
- 4.10.Compliance with the Terms. You shall be the sole responsible party for Your compliance with these Terms.
- 5.1.Your Orders. When You place an Order to purchase a product from us, You will receive an e-mail confirming receipt of Your Order and containing the details of Your Order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that Ultron have received Your Order, and does not confirm acceptance of Your Offer to buy the product(s) ordered. Ultron only accept Your offer and conclude the contract of sale for a product ordered by You when the product is dispatched to You and an e-mail confirmation is sent to You that the product has been dispatched to You (the "Dispatch Confirmation E-mail").
- 5.2.Personal Use. You confirm that the product(s) ordered by You are purchased for Your personal use and shall be prohibited for selling for any business purpose. You authorize us to declare and provide declaration to any governmental authority on Your behalf stating the aforesaid purpose of the products ordered by You on the Website. You further agree not to dismantle or reverse engineering any part of the purchased goods.
- 5.3.Payments. You undertake to make all payments in a timely manner, including but not limited to all applicable taxes, charges and fees as may be specified. Ultron accept payments through a third-party payment gateway. The modes of payment offered by such third-party payment gateway may include credit card, debit card, net banking, mobile wallets and UPI etc. The terms and conditions, policies, procedures and guidelines of the Reserve Bank of India, National Payments Corporation of India, and the third-party service providers including but not limited to payment gateway, bank, mobile wallet, shall be applicable to all transactions undertaken by You. You assume sole responsibility for all risks associated with transfer of money or payments to Ultron, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding fraudulent use of the credit card, delayed payments, chargeback or failed payments must be resolved with Your own financial service provider such as Your bank, and the third-party payment gateway, if any. Ultron shall not be responsible for any credit card fraud, chargeback, any failed or delayed payments, loss of information, loss of reputation or any other damages or losses faced by You or any third-party due to the use of such third-party payment gateway. The liability for use of a card fraudulently will be on User and the onus to 'prove otherwise' shall be exclusively of User.
- 5.4.Cancellation. You can cancel Your Order at any time without any cost before the product is invoiced. Please note that there may be a delay between the product dispatch and the delivery of Dispatch Confirmation E-mail / dispatch notification on any related platform including this website to You. Ultron shall have the final say and Our decision shall be final regarding the question of whether any ordered product had been invoiced prior to the cancellation of Your Order. Refunds, if any, shall be processed by Ultron in accordance with "Refunds" below.
- 5.5.Return Policy. Once a product has been delivered to the address provided by You, the product cannot be returned for any refund. A return is only permitted if in case the product is found to be DOA (Dead on Arrival). A product will be considered as DOA in case at the time of unboxing the product is found to be faulty. Panasonic reserves the right to inspect the product and ascertain the status whether it is a DOA or the defect was caused by the customer’s mishandling. However, if You agreed to accept the product then nothing in this clause shall prevent You from exercising Your rights under any product warranty that may be applicable to such product under such terms as may be applicable to such product warranty.
- 5.6.Product Installation and Demonstration. Panasonic may offer installation and/or demonstration of products sold through the Service. If You purchase a product through the Service, You may, within such time as may be specified by Panasonic, request Panasonic for the product to be installed and/or demonstrated at the address at which the product was delivered, subject to availability at Your location. Panasonic reserve the right to charge such fee for product installation and/or demonstration as may be specified. Panasonic reserves the right to restrict product installation and/or demonstration to specific locations for any reason, including but not limited to distance from the nearest available personnel with appropriate tools and training.
- 5.7.Damaged or Defective Product. If a Plug and Play product is damaged or defective at the time of its delivery You must contact Panasonic within 24 Hours from the receipt of the damaged or defective product. Upon being notified of a damaged or defective product within the time period specified above, or if any damage or technical fault is observed by Panasonic at the time of product installation and demonstration, Panasonic may investigate and determine in its sole discretion whether: (i) the product was DOA or damaged before delivery to You (ii) the product is the same as the product that was shipped to You; and/or (iii) the product is in its original sealed condition (with brand's/manufacturer's sealed box, MRP/MSRP tag intact, user manual, warranty card and all the accessories therein). You contacted Panasonic within the time period specified hereinabove at the contact details provide in the Contact us option on this Website. You agree to provide all support necessary to determine (i), (ii) and (iii) above. If You do not contact Panasonic within the time period specified above and/or if (i), (ii) and/or (iii) above are not satisfied or are violated as determined by Panasonic, Panasonic shall not be liable under this Agreement for any return or refund. Nothing in this clause shall prevent You from exercising Your rights under any product warranty that may be applicable to such product under such terms as may be applicable to such product warranty.
- 5.8.Refunds. Refunds if any, shall be made to the same payment method or issuing bank from where the initial payment was received. Ultron may, at its sole discretion, refuse to provide refunds to an alternative account. In case of cancellation of an Order by Ultron or refusal by Ultron to accept an Order under the terms of this Agreement, Ultron will refund the full amount paid by the Customer for such Order. In case of cancellation of an Order by Customer under the terms of this Agreement, Ultron shall refund only the amount paid by the Customer for the Product, and Customer shall be liable for packaging and delivery costs, return costs, and payment gateway charges, if any.
- 5.9.Prices and Offers. Prices and offers listed on the Website are provided as an invitation to offer and may not indicate the availability of the product. Offers on products sold on this Website are subject to the discretion of Ultron and may be changed frequently.
- 5.10.Taxes, charges and fees. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from Us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses, delivery fees, payment gateway charges, and any other applicable taxes/charges.
- 5.11.Instalments. Ultron may, at its sole discretion, provide an option for payments to be made through equated monthly instalments ("EMI"). Ultron may, at its sole discretion, offer an option of No-Cost EMI to You. EMI is the sole discretion of Your bank/issuer/non-banking financial company (NBFC) at applicable rate of interest, and such bank/issues/NBFC may or may not permit EMI for You. All disputes and queries related to EMI must be resolved between You and Your bank/issuer/NBFC. Ultron shall not be responsible under any circumstances regarding any EMI dispute.
- 5.12.Shipment and Delivery. The products on Website are available in selected cities and pin codes, within India and Ultron will deliver the Products on same selected cities and pin codes. However, in case of non-serviceable cities and pin codes on the request of Customer, Ultron at its discretion deliver may deliver product at additional cost solely borne by the Customer and delivery time may differ from the standard delivery time. The delivery days shall be all weekdays, with an exception to National/State Holidays and any other public holiday. Delivery shall be made within 15 business days from the time of purchase by a third party logistics partner (3PL) of Ultron and Panasonic shall not be responsible for any delay in delivery of the Products. The Customer specifically waives any claim pertaining to delay in delivery of Products. Our delivery partners reserve the right to restrict delivery to specific locations or delivery facilities. Please ensure that You inspect the package/shipment, as soon as it is delivered. In case of any physical damage to the outer packing is found or the open box, MRP tag is not found, You have the right to refuse to accept delivery. Ultron will retain the right to withhold refund/replacement of the damaged product if You fail to notify any such damages.
- 5.13.In case of Installable Products, we strongly recommend that customer shall not unbox the product and Product should be unboxed by our service installation representative/engineer/technician. In case box is found opened Ultron shall have the right to refuse refund and your request shall be treated under Panasonic Warranty policy and Ultron after inspection can provide you further remedy in order to repair and replace the product. And in case any missing parts You shall be solely liable for additional cost.
- 5.14.Delivery of Large or Bulky Products You understand that delivery of large and/or bulky products to the address provided by You depends upon the availability of reasonable means of delivery to the specified address. At times the delivery of Your order to your address shall depend upon the availability of a passage and/or staircases or lift/elevator of reasonable dimensions to deliver the product without damaging the product and/or its packaging. If the delivery cannot be completed to the specified address for a reason mentioned above, then the delivery partner will attempt to complete the delivery to a reasonable location on the ground floor of the premises of the delivery address provided by You, however in case more manpower is determined to be used then the customer needs to make the provisions for the same and bear the cost and make adequate space for the product in its package be placed at the point of delivery. You understand and agree that a delivery completed in the manner specified hereinabove to a location on the ground floor of Your premises shall be considered to be a complete and successful delivery and all risk and liability related to such product shall transfer to You upon completion of the delivery of the product in such a manner.
- 5.15.Delivery Delay. The estimated time of delivery is provided for Your convenience only, based on historical data of the time taken for deliveries to be completed to Your location. You understand that the time required for delivery is subject to multiple factors that can cause a delay, including but not limited to availability of the product, weather conditions, distance from warehouse, government rules, regulations and orders, among others. Our delivery partner(s), Panasonic and Ultron shall not be liable for any delay in the shipment or delivery of any product, package or Order for any reason, regardless of whether such a delay could be reasonably foreseen, regardless of whether Ultron was informed of the possibility of such delay, and regardless of whether any loss or damage was faced by You or any third party as a result of such a delay. However, in no circumstances Customer shall not be allowed to delay in receiving the delivery.
- 5.16.Delivery errors. If a product is lost in transit or delivered to an incorrect address, please contact Ultron immediately. Ultron will take all reasonable steps to ensure that You receive Your Order. If the delivery of the ordered product is not available in a commercially reasonable manner, Ultron may, at its sole discretion, cancel the product or Order and refund the amount paid by You for such product(s). If the address provided by You at the time of placing of the Order does not exist or cannot be found, or if no one is available to receive delivery of the Order despite multiple delivery attempts, You shall be liable to bear all costs related to attempted delivery and the return of the product(s) and/or correction of the delivery address. Customer to be available at the address to receive the product. In case the customer is not available then the customer needs to inform Ultron via e-mail 1 day in advance and also needs to disclose the name, contact number of the authorise person who will take the delivery on behalf of the Customer.
- 5.17.Missing accessories. If any accessory is found missing at the time of unboxing of the Product, You must contact Panasonic within twenty-four (24) hours of receipt of the product, post which Panasonic shall not be liable for any missing accessories. Panasonic will investigate the request and accordingly provide support subject to discretion of Panasonic.
- 5.18.Product Warranties. The terms of warranty provided on the product description page, or in the absence of such a description, the terms of warranty supplied with the product shall be applicable to such products. Purchasing a product through the Website or Service does not entitle You to any additional or extended warranty. However, Panasonic may, at its sole discretion, offer an option to purchase an extended warranty upon payment of an additional amount.
- 5.19.Title and Risk of Loss. When You purchase product(s) through the Website, title to the product is transferred to You upon generation of invoice of the product. The risk of loss or damage in such product(s) will pass to You upon delivery of the product(s).
- 5.20.Right to Refuse. Ultron may, in its sole discretion, refuse to sell products or fulfil Orders placed by You without assigning any reason.
- 5.21.Limitations on Transactions. Ultron may, in its sole discretion and without prior notification to You, impose limits on the number of transactions or transaction price received from a single Customer or payment method.
6.Intellectual Property Rights
- 6.1.Panasonic is the owner or the licensee of all intellectual property rights of this Website, and the material published on it. All of those works are protected by copyright and other intellectual property laws and treaties around the world. All rights are reserved to the relevant owner or licensee of those works. Any unauthorized copy, imitation of the Website including but not limited to unauthorized copy, imitation of the contents, material, design of the Website shall be unlawful and punishable offence under Indian Copyright Act, 1957. All material on this Website is provided for lawful purposes only. None of the information on this Website may be copied, distributed or transmitted in any way for commercial use without the express written consent of Panasonic Life Solutions Private Limited. Users may use or download the content or material on the Website for personal, non-commercial use provided the contents are not altered and modified in any way.
- 6.2.License by Customer. Customer grants Ultron a non-exclusive, royalty-free, irrevocable, perpetual, worldwide and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or information provided under "Reviews, Comments, Communications and Feedback" above throughout the world in any media, and the right to use the name provided by Customer in connection with such content, if they choose. You agree to waive Your right to be identified as the author of such content and Your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to protect any of the above rights granted by You, including execution of deeds and documents at Ultron’s request. Ultron may, but shall have no obligation to, use feedback provided by You to improve the Website or Service without notice and without any attribution.
- 7.1.Modification of this Agreement. This Agreement may be modified by Ultron from time to time. If Ultron do this, Ultron will post the modified Terms on this page and will indicate the date these Terms were last updated. Any such modifications will become effective immediately after they are posted, except that the following categories of modifications will be effective immediately: (i) modifications required to provide new features without negatively affecting your rights under these Terms; (ii) modifications made to correct editorial, photographic & typographical errors; (iii) or modifications made to comply with legal obligations, including but not limited to Our or Your obligations under a law, regulation, court order or government order; and/or (iv) modifications to the Section on Order Terms. You shall be responsible to review the Agreement from time to time in order to be aware of any such modifications to these Terms. Ultron may, for Our convenience only and without waiving Your obligation to periodically review the Agreement, attempt to notify You of significant modifications to this Agreement through the Website user interface, in an email notification or through other reasonable means. You understand and agree that Your continued access, registration or use of the Website or Service beyond the effective date of such modification shall be deemed to be Your acceptance of all modifications to the Agreement.
- 7.2.Modification of Website or Service. Ultron may, at any time and without prior notice, introduce new features, remove or stop offering old features, or modify existing features of the Website or Service.
8.Disclaimers, Indemnity and Limitation of Liability
- 8.1.Third-Party Service Provider Disclaimer. Ultron shall neither be liable nor responsible for any actions or inactions of Third Party Service Providers nor any breach of conditions, representations or warranties by any Third-Party Service Provider. Ultron hereby expressly disclaim any and all responsibility and liability in this regard. Ultron shall not mediate or resolve any dispute or disagreement between You and any Third-Party Service Provider.
- 8.2.User shall at all times fully indemnify and hold harmless Ultron and/ or Panasonic and their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities, actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed due to and/or arising out of User's breach of the Terms & Conditions and/or User's violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, intellectual property rights infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any proprietary and/or other right of any person and/or entity.
- 8.3.Limitations of Damages & Liability- Ultron shall not be liable to You for any special, incidental, consequential or punitive damages, or for any claim by any third-party. Customer agrees that for any liability related to the purchase of Products, Ultron shall not be liable for any amount of damages above the amount paid by the Customer for the purchase of the product under these terms and conditions.
9.Third-Party Websites, Apps or Services
- 9.1.Links to Third-Parties. The Website or Service may contain links to external third-party websites, apps or services. Ultron have no control over the contents of those websites or resources and does not guarantee, approve or endorse the information or products available on such third-party websites, apps or services, nor does a link indicate any association with or endorsement of the linked website, app or service. If you decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites and will be subject to such website’s terms and conditions.
- 9.2.No Control Over Third-Parties. Ultron do not operate or control and have no responsibility for the information, products and/or services found on any external websites. Nor do Ultron represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external websites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchant-ability or fitness for a particular purpose.
- 9.3.Risks from Third-Parties. You assume complete responsibility and risk in your use of any external website, app or service. You should direct any concerns regarding any external link to the relevant website's, app's or service's administrator, owner or webmaster. You are hereby informed to exercise utmost caution when visiting any third-party website, app or service.
10. Term and Termination
- 10.1.Term. This Agreement shall be effective as of the date of Customer's acceptance or agreement to these Terms and shall continue to remain in force until the Agreement is terminated in accordance with the terms of this Agreement.
- 10.2.Termination by Ultron. You agree that Ultron, in its sole discretion, may suspend or terminate Your account (or any part thereof) or this Agreement at any time without prior notice and without assigning any reason. Ultron may remove and discard any content within the Website or Service, for any reason, including, without limitation, for lack of use or if Ultron believes that you have violated or acted inconsistently with the letter or spirit of these Terms and the Associated Legal Documents. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Service, may be referred to appropriate law enforcement authorities.
- 10.3.Termination by Customer. Customer may terminate this Agreement at any time by contacting Ultron provided that You discontinue any further use of the Website.
- 10.4.Surviving Provisions. Notwithstanding any other provision to the contrary herein, terms which by their nature survive termination or expiration of this Agreement, and in particular the following Sections shall survive the termination of the Agreement: Definitions; Customer Responsibilities; Payments; Chargeback; Instalments; Title and Risk of Loss; Limitation of Rights; License by Customer; Disclaimers, Indemnity and Limitation of Liability; Indemnification; Third-Party Websites, Apps and Services; Term and Termination; and General Clauses.
11.Compliance with Laws
Parties shall comply with all the applicable laws and the rules of the land.
- 12.2.Force Majeure. You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Service or fulfilment of an Order or Instruction. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labour problems; pandemic; epidemic; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other causes beyond Ultron control in the performance of this Agreement. Upon the occurrence of such event or effect You agree to excuse performance under this Agreement and not hold Us liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
- 12.3.Assignment. You may not assign any of Your rights or obligations hereunder, without Ultron’s prior written consent. Ultron may assign this Agreement in its entirety, without Your consent, to Panasonic and its affiliates. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- 12.4.Relationship between Parties. The parties to this Agreement are independent and nothing in this Agreement shall make them partners, employees, agents or other representatives of the other party hereto.
- 12.5.Governing Law and Jurisdiction. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of India without regard to any principles of conflicts of laws thereof. Both parties agree that the competent courts at New Delhi shall have the exclusive jurisdiction in case of any dispute arising between both the Parties.
- 12.6.Waiver. No failure or delay by Ultron in exercising any right under this Agreement will constitute a waiver of that right.
- 12.7.Headings and Sub-headings. The headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative section/clause.
- 12.8.Interpretation. In this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including", "includes" and "include" shall be deemed to be followed by the words "without limitation"; references to articles, sections (or subdivisions of sections) or exhibits or schedules are to those of this Agreement; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Agreement.
12.9.Contact Information. You may contact
For Order related queries
Ultron at email@example.com or +91 80884 86325.
For Service related queries & status
firstname.lastname@example.org or 18001081333
Email : email@example.com
Call : +91 98843 87788
- 12.10.All other product names, logos, and brands are property of their respective owners used in this website only for identification purposes and we disclaims proprietary interest in the marks and name of others.
TERMS AND CONDITIONS
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.
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;
- 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.
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.
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.
Delivery & Pickup
- Exchange Partner will reach out to You and schedule a time for Quality Check (QC) of the Used Product.
- 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.
- In case, the Used Product is accepted for Exchange, the Exchange Partner shall arrange for pickup of the Used Product from You.
- 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.
- 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.
- 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.
- All paperwork/documentation/declaration required for the exchange transaction shall be signed/fulfilled by You.
Beat The Heat – Terms & Conditions
1. Offer Tenure
This Beat the Heat offer for purchase Panasonic Air Conditioner (“Offer”) shall be valid from 22.03.2023 till 21.05.2023 (“Term”).
This Offer is valid until stocks last or till the Term expires, whichever is earlier.
The Offer benefit is applicable:
- for Indian residents who have attained the age of 18 years or above;
- only on purchase from Panasonic official online store https://store.in.panasonic.com/(“e-store”);
- for a select base of customers and mobile numbers.
- INR 1000/- instant discount is applicable at the time of purchase on the e-store selling price as applicable on the day of purchase.
- All other bank offers, cash back and publically disclosed benefits stand unchanged.
- Discount Value pertaining to the offer shall be a part of the invoice generated.
- There is no limitation of offer based on the number of Air Conditioners purchased from e-store i.e. INR 1000 discount will be valid even on purchase of multiple Air Conditioners from e-store for the mobile number who receives the text from Panasonic.
4. How do you redeem
Step 1: Receive SMS Text from Panasonic India.
Step 2: Click on the URL link received in SMS.
Step 3: Receive SMS Text with the Coupon Code from Panasonic.
Step 4: visit e-store, purchase Air Conditioner and enter coupon code during checkout.
5. General terms and Condition
- Panasonic further reserves the right to bar certain customers/mobile numbers/accounts from participating, at its sole discretion.
- The participation in the Offer is on voluntary basis. Participation in this Offer constitutes acceptance of these terms and conditions. By availing Offer(s) under this campaign, Customer(s) agrees to receive further communication(s) from Panasonic relating to the offer and for the purpose of ensuring order fulfilment and obtaining customer feedback. Customer(s) unconditionally agree not to make any claim or raise any complaint against Panasonic in this respect.
- Panasonic reserves the right to modify/alter or discontinue these Terms and Conditions or extend/withdraw the offers at its sole discretion without assigning any reasons or without any prior intimation whatsoever.
- Panasonic shall not be liable for any loss or damage due to act of God, governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
- Panasonic reserves the right, to furnish supporting documents and/or reports to substantiate any product related claims, if required.
- In no event shall Panasonic be liable for losses or any incidental or consequential damages arising out of or in connection with this Offer including negligence.
- In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Offer, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
- Any dispute relating to the Offer or the terms and conditions shall be subject to the jurisdiction of the courts in New Delhi only.