Terms & Conditions
Please read the following Terms and Conditions carefully before ordering any Products/services. This website is operated and controlled by Kitecommerce only from its offices within India. By accessing, browsing and/or using this website; you acknowledge that you have read, understood and agree to these terms and will comply with all the applicable laws and regulations. If you do not agree to any of the following terms, do not use this website.
- These terms and conditions apply to all offers and all agreements regarding any orders processed on Kitecommerce.
- In addition to these general Terms and Conditions, explicitly defined Additional Terms and Conditions may apply to certain services and/or products. Should there be deviations between the General Terms and Conditions and the Additional Terms and Conditions; the Additional Terms and Conditions will prevail over the General Terms and Conditions unless explicitly stated otherwise.
- If any provision of these terms and conditions are invalid or invalidated, the other provisions of these General Terms and Conditions will remain in full force and Kitecommerce and its contracting party will enter into consultation for the purpose of agreeing on new provisions to replace the invalid or invalidated provisions, where the objective and meaning of the invalid or invalidated provision are considered as much as possible.
- Deviation of these General Terms & Conditions is only possible after explicit confirmation by Kitecommerce in writing, in which case the other provisions of these general terms and conditions will remain in full force.
- The applicability of the general terms and conditions invoked by the contracting party is explicitly rejected unless explicitly confirmed in writing by Kitecommerce.
- “Contracting party” is defined as every natural person or legal person with a contractual relationship with Kitecommerce.
- Kite Commerce has the right to adjust these General Terms and Conditions from time to time.
- By placing an order, the contracting party accepts these General Terms and Conditions as well as all other rights and duties stated on the website of Kite Commerce.
- Kite Commerce is allowed to outsource activities to third parties when carrying out an agreement with the contracting party.
2. Offers and agreements
- For Enterprise Solutions exclusively Offers or Quotations should be regarded as an invitation to the potential buyer to make an offer. Kitecommerce is in no way bound to such matters unless explicitly confirmed in writing. Acceptation of the invitation by the potential buyer to make an offer counts as a valid offer and leads only to an agreement in case of fulfillment of the following aspects of this article.
- Specific offers are valid as long as the availability of the service.
- For Enterprise Solutions exclusively, A personalized quotation is valid for two (2) weeks, unless another term is mentioned in the quotation.
- An offer from the potential buyer when:
- the potential buyer has entered his personal data on the website and the data has been sent electronically to Kitecommerce and received by Kitecommerce, or;
- the potential buyer explicitly indicated the desire, by word, telefax, or through writing to receive a certain product and/or service, or;
- a quotation is signed by the buyer and received by Kitecommerce in case Kitecommerce issued a personalized quotation.
- An agreement including any change or supplementation hereto takes first binding effect for Kitecommerce when an order confirmation has been issued to the buyer, by e-mail or other means. This agreement can be revoked by Kitecommerce in case the buyer does not meet the requirements or has failed to do so in the past. In that case, Kitecommerce will report such findings to the buyer within ten (10) business days after receiving the order.
- Buyer and Kitecommerce explicitly agree that, when using electronic means of communication, a valid agreement comes into effect after meeting the requirements specified in article 2.4 and 2.5. In particular, the lack of a written signature does not reduce the binding force of the offer and the acceptance thereof. In that case the electronic files of Kitecommerce count, as far as the law allows, a presumption of proof.
- A buyer can't add or remove any item to any order that has already been placed. Orders won't be combined, before or after they're placed unless agreed upon in writing by Kitecommerce. All items that need to be combined have to be in one order.
- Kitecommerce reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to the Buyer subject to availability of resources. Kitecommerce also may require verification of information prior to the acceptance and/or shipment of any order.
- Information, images, oral announcements, records, etc. regarding all offers and the most relevant characteristics of the products that are provided by telephone or e-mail are always as accurate as possible. Kitecommerce does not guarantee that all offers and products completely correspond to the provided information. Deviations can never lead to reimbursement or dissolvement of the agreement.
- All prices are expressed in INR, in accordance with the legal regulations.
- Special offers are only valid as long as the stock permits.
- The buyer owes the price as defined by Kitecommerce in the order confirmation in accordance with article 2.5 of these General Terms and Conditions. Any (manipulation) errors in the quotation, such as evident flaws, can be corrected by Kitecommerce, even after reaching the agreement.
- Kitecommerce Support costs include Hosting charges of the website and will be separately mentioned. Kitecommerce Support costs may not be mentioned on the offer, quotation or order confirmation, but will be on the invoice nonetheless.
- When the prices of the offered products and/or services have increased during the period between ordering and execution of the order, the buyer is entitled to cancel the order or disolve the agreement within ten (10) days after the announcement of the price increase by Kitecommerce.
- In the event that a Kitecommerce product is mistakenly listed at an incorrect price, Kitecommerce reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Kitecommerce reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or credit card charged. If buyers credit card has already been charged for the purchase and the order is canceled, Kitecommerce shall issue a credit to the credit card account in the amount of the incorrect price within Ten (10) Business days.
- The buyer is entitled to pay for an order on KiteCommerce website itself by placing an order and pay by Netbanking, Credit Card, Debit Card etc. If buyer wants to pay via NEFT/RTGS/IMPS, they have to email to Kitecommerce at firstname.lastname@example.org with the Subject " Payment Credited : #Order Number" -NEFT/RTGS/IMPS". We will then give final confirmation to you about the acceptance of the payment. If you can't pay the order within 24 Hours, the order will be cancelled automatically.
- Orders should be paid by the buyer on 100% upfront basis. Kitecommerce can include other payment options in the future. Other payment options will be announced on the website.
- For Monthly Kitecommerce Support fees, Monthly invoices will be sent via email to your registered email address on the First day of every month e.g; (First day of April 2019 means 1st April 2019) and the payment must be made against the same within 72 hours; failing to do so must imply an 5000 INR per month late fee payable by the buyer in addition to the Monthly Kitecommerce support charges.
- Non-payment or untimely payment by the buyer leads to cancellation of the order and cancellation of further Kitecommerce support and assistance and must also be understood as the end of Hosting services; if opted for Kitecommerce Hosting by the buyer while placing the order.
- Alternative payment periods can only be agreed on in writing by Kitecommerce under special conditions.
- The costs, both in and out of court, caused by non-fulfillment, late fulfillment or improper fulfillment of the obligations of the buyer, are payable by the buyer.
- Kite Commerce is permitted, in case of untimely payment by the buyer, to directly dissolve the agreement or delay the delivery to the moment that the buyer has completed their payment duties.
- The ownership of the goods, whether handled or unhandled, is transferred to the contracting party at the moment that the buyer pays Kitecommerce the full amount payable pursuant to the agreement, including monthly Kitecommerce support costs from products and/or services from this order, previous orders, and future orders.
- All roles and responsibility pertaining to delivery any message/product/service to customers and customer support/grivience etc will be handled by Buyer from their end. Buyer Owns full ownership of the website, Kitecommerce is just Service provider. Buyer will abied by the Terms and Conditions listed on the website.
- As stated Kitecommerce is just Service Provider. All Legal responsibility related to product/service/business/customers etc for which buyer is contacting or purchasing services offered on this platform is of Buyers.
6. Orders Cancellation and Refund
- If you find any errors after you have finished placing the order and wish to cancel the order please email us immediately at email@example.com; within 24 hours of making the purchase to claim a full refund. After the completion of 24 hours, your order will be liable for a 50% refund only that too if informed within a week of making the purchase.
- Kitecommerce offers a refund to our customers if ever they are not fulfilled with the quality of service delivered. If you are not happy with the project, please notify us (email to firstname.lastname@example.org) stating proper reasons for your disapproval within 15 days of delivery for a 50% refund or replacement.
We will send a refund payment within a week of the date of the refund claimed.
- Refund will be done based on Exclusive of Tax Price of the Plan.
- We may suspend or terminate your plan in case you (by conviction, settlement, insurance or escrow investigation, or otherwise) are engaged in Fradulent activity on the website.
- In case on Monthly Plan, We are providing Hosting to the buyer. In case of Cancellation of Order, hosting plan will be cancelled and your data will be lost permanently and Kitecommerce won't be responsible for recovering data. Please be careful before you cancel the order.
7. Personal data
- Kitecommerce will process the personal data of the buyer in accordance with the Kitecommerce privacy policies stated on the website.
- Kitecommerce fully respects the applicable laws and regulations regarding the processing of personal data.