Warranty

 

Warranty

All sales by Globus Nexgen Tradex Pvt. Ltd. and its affiliates (collectively “Shoemade4u”) are subject to the following standard terms & conditions (collectively “Terms”)  Goods means any product sold by Globus Nexgen Tradex Pvt. Ltd. “Customer” refers to any person or entity purchasing goods from Globus Nexgen Tradex Pvt. Ltd. The terms and charges below are superseded by any previous conflicting terms  

 

Agreement: All sales of Goods by Shoemade4u to Customer are governed by and subject to these Terms, as may be amended from time to time by Shoemade4u, which form a binding agreement between Shoemade4u and Customer (the “Agreement”). This Agreement incorporates by reference all additional terms and conditions stated in applicable price lists, product catalogs, order acknowledgments, electronic data interchange directives, and other documentation furnished by Shoemade4u to Customer. These Terms govern in the event of any conflict or inconsistency with any Additional Terms. This Agreement is a complete and exclusive statement of the terms and conditions of the agreement between Shoemade4u and Customer. Terms that are printed on or otherwise contained in a purchase order or other document prepared by Customer in additional to, in conflict with or inconsistent with these terms shall be inapplicable and shall have no force or effect. Customer’s acceptance of delivery of, or full or partial payment for, the Goods shall constitute Customer’s acceptance of these Terms.

 

Orders: All purchase orders must be submitted by Customer & paid to Shoemade4u, and all orders are subject to final approval by Shoemade4u & in Shoemade4u’s sole discretion. Following approval by Shoemade4u, orders may not be changed or cancelled without the written approval of Shoemade4u. Customer will reimburse Shoemade4u for all expenses and losses resulting from any Customer change or cancellation.

 

Prices: Prices of Goods will be those prices published in the then current price list on the date that Shoemade4u accepts the order for Goods sold. Prices are subject to change without notice. Prices quoted are exclusive of all taxes, insurance, freight, and charges of any kind, including without limitation, vat, excise, service, G.S.T. and any other relevant taxes. Customer agrees to pay all taxes and other charges, excluding any taxes based upon Shoemade4u’s income. 

 

Payment Terms: Full payment for all Goods is due in accordance with the terms and payment procedures stated in the order acknowledgement or invoice issued by Shoemade4u to Customer. All payments shall be made in Indian Rupee if the order is received from within India, or other denomination as directed by Shoemade4u if international transactions are involved. Discount terms for early cash payments will apply only if specified in the invoice. Invoices not fully paid by the specified payment date are deemed overdue, and unpaid balances will accrue interest at the highest rate permitted by law. Shoemade4u shall be entitled to suspend performance of any order or obligation to Customer until the Customer’s account is current. If at any time Shoemade4u determines that Customer’s financial condition, payment practices or credit rating does not justify a sale on credit, Shoemade4u has the right to require advance payment. Customer shall reimburse Shoemade4u for all expenses, including reasonable Lawyer’s fees, incurred in the collection of any delinquent account or enforcing its rights under these Terms. 

 

Title to Goods: Title to and risk of loss of the Goods will pass to Customer upon delivery of the Goods to the customer by the transporter. Customer grants Shoemade4u a security interest in the Goods and shall keep the Goods properly stored, insured and identifiable as subject to Shoemade4u’s lien until full payment is made by Customer for the Goods. Shoemade4u reserves the right to enter Customer’s premises to repossess Goods for which payment is overdue. 

 

Delivery and Delay: Shoemade4u will deliver Goods to designated transporter for further routing from its warehouse in Delhi (NCR) to deliver it to customer within due date. Customer shall pay Shoemade4u for all delivery charges as established by Shoemade4u and stated in the invoice. Any Delivery dates specified in an order acknowledgment are estimates only and time is not of the essence. Shoemade4u may deliver all of the Goods at one time or in portions from time to time. All deliveries are subject to modifications or cancellation due to events beyond Shoemade4u’s reasonable control, including acts of God and other force majeure events. Under no circumstances shall Shoemade4u be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver. If Customer causes or requests a delay, Customer shall reimburse Shoemade4u for all resulting damages, including without limitation, payment of reasonable storage expenses for the Goods during the period of delay or interruption. Shoemade4u reserves the right to charge, and Customer shall pay a drop shipment fee on all drop shipments in addition to normal freight charges, in an amount in effect pursuant to Shoemade4u’s policies at the time of charge. 

 

Permitted Sales: Customer will not sell any Goods through any website or catalogs other than those prepared or approved by Shoemade4u, television shipping channels, discount venues including “outlet” or factory direct” malls or flea markets or through other direct marketing methods including direct mail, or door-to-door solicitation except as specifically authorized by Shoemade4u in writing. Customer is prohibited from promoting, advertising or selling any Goods through the Internet, computer “websites”, or “home pages”, computer on-line transactions or similar technology developed in the future, except as specifically authorized in a signed Internet Agreement between Shoemade4u and Customer. Shoemade4u may withhold or revoke its consent to any of the above at any time in its sole discretion.

 

Warranty: Shoemade4u warrants that upon delivery the Goods will be free from defects in material and workmanship under proper and normal use. Goods shall be considered “defective” if the defect materially impairs the value of the Goods for their intended use to Customer or the end-user. Shoemade4u further warrants that all Goods and services will be produced and furnished in accordance with applicable laws and regulations.

 

Remedies: In accordance with the terms of the limited warranty stated above (“Warranty), If Shoemade4u is informed & accepts that it erred on the quantity, quality, style, or other aspect regarding the initial shipment of Goods, Shoemade4u will repair or replace any defective Goods provided that written notice of the defect is received by Shoemade4u within seven (7) days of the delivery of these goods. If notice is not given within such period, any claim for breach of warranty shall be conclusively deemed to have been waived and Shoemade4u shall not be liable under this Warranty. 
Upon receipt of non-damaged & unused defective goods with original packing, Shoemade4u will repair or replace it & send it to customer on its own cost within seven (7) days of receiving it. If there is a delay beyond seven (7) days, the customer can request to cancel this sale & demand refund of full amount collected by shoemade4u for this product to him by providing requisite account detail.   Shoemade4u will credit this amount to Customer’s account within seven (7) days.
However, upon receiving this defective product, if Shoemade4u’s inspection reveals damage to product, without original packing, tampered by customer then Shoemade4u can refuse to accept returned goods & inform Customer that there is “No Credit” and such Goods will be immediately dumped in scrap.
If customer requests within three (3) days that specific Goods to be sent back to him then this “No Credit” Goods shall be returned to customer at his own cost.

 

Limitations on Warranty:  shoemade4u’s liability for any defect in goods for whatsoever reason or theory, shall not exceed the purchase price of the defective goods. This warranty is in lieu of all other warranties, whether oral, written, express, implied, statutory, or otherwise. In particular, there is no warranty of merchantability or fitness for a particular purpose. Shoemade4u shall have no liability to the customer for consequential, special, incidental, or punitive damages of any kind whatsoever, including, but not limited to, personal injury not caused by negligence of shoemade4u, property damage, lost profits, or other economic injury due to any defect in the goods or any breach of this agreement by shoemade4u. No representative, agent or dealer of shoemade4u has authority to modify, expand, or extend this warranty, to waive any of the limitations or exclusions of this warranty, or to make any different or additional warranties with respect to any goods or services furnished by shoemade4u.

 

Period of Limitations: No claim, suit or other proceeding may be brought by Customer for any breach of the foregoing Warranty by Shoemade4u or in any way arising out of this Agreement or relating to the Goods after six months from the date the cause of action accrues.

 

Jurisdiction of courts: This Agreement between Shoemade4u and Customer shall be under jurisdiction of DELHI HIGH COURT. Customer irrevocably consents that this Court shall have personal jurisdiction over Customer and waives any objection that such courts are an inconvenient forum.

 

Independent Contractor: The parties are independent contractors. Nothing in this Agreement shall be deemed to make Shoemade4u or its employees or agents an employer, employee, partner or joint venturer of Customer. Neither party has any authority to bind or incur obligations on the other’s behalf, nor is one party liable for the obligations of the other.

 

Miscellaneous: If any provision of this Agreement is invalid or unenforceable under any applicable law, the provision shall be ineffective, but the remaining provisions shall be unaffected. Customer shall not assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of Shoemade4u. This Agreement shall be binding upon and enforceable by and against Customer, Shoemade4u, and their respective representatives, successors, heirs, and assigns. Shoemade4u has all rights and remedies given to sellers by applicable law, and Shoemade4u’s rights and remedies are cumulative. No waiver by Shoemade4u of any breach shall be effective unless in writing. Shoemade4u shall not lose any right because it has not exercised that right in the past. 

 

Intellectual Property: Customer acknowledges Shoemade4u is the absolute owner of all trademarks, services marks, copyrights, imprints, rights of publicity, patents, design patents, software, registered designs, industrial designs, product design, trade secrets, text, graphics, logos, images, audio clips and video and other intangible rights relating to the Goods (collectively “Shoemade4u Intellectual Property”) and acknowledges that Customer shall have no right, title or interest whatsoever in any Shoemade4u Intellectual Property. Any use of Shoemade4u Intellectual Property in the promotion or sale of Goods shall inure to the sole benefit of Shoemade4u, shall be subject to Shoemade4u’s approval and shall strictly conform to sales and advertising guidelines as established from time to time by Shoemade4u.
Shoemade4u strictly forbids reproduction, modification, distribution, transmission, republication, display or performance, of the content of Shoemade4u by any person or entity. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with us. Any other use is strictly prohibited. 

 

Copyright Infringement: It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this site, you may notify us by sending the following information to the address listed below: 
  1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
  2. A description of the copyrighted work & its location that you claim has been infringed.
  3. Your address, telephone number, and e-mail address. Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:info@Shoemade4u.com
We will process and investigate all notices of alleged infringement, and will immediately remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. 

 

Disclaimer: all contents of website www.shoemade4u.com are not intended to replace the services of a trained health care professional or to be a substitute for medical advice provided by a qualified physician or other appropriate health care professional. you should consult your own physician or other appropriate health care professional on specific medical questions, including matters requiring diagnosis, treatment, therapy or medical attention
limitation on liability: shoemade4u.com shall not be responsible to the user or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the site or any of the materials or information provided by shoemade4u.com or third parties through the site, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the site, regardless of the claim as to the nature of the cause of action, even if shoemade4u.com has advised of the possibility of such damage or loss.
Access To and Availability of Links
Shoemade4u contains links to other related World Wide Web Internet sites and resources. Shoemade4u is not responsible for the availability of external sites or resources linked to this site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Shoemade4u. Because Shoemade4u is not responsible for the availability of these outside resources or their contents, you should review the terms and conditions of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.
 
Indemnification: You hereby agree to indemnify, defend and hold Shoemade4u and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use or otherwise arising from your use of the site, including, without limitation, reasonable Lawyer’s fees. You shall cooperate as fully as reasonably required in the defense of any claim. Shoemade4u reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

Termination: Shoemade4u may, in its sole discretion, terminate or suspend a user’s access to all or part of the site for any reason, or no reason whatsoever including, without limitation, breach of the Terms of Use.