Terms and Conditions
Fittrip Bikes is a brand owned and operated by Cyklon India.
These are standard terms guidelines and conditions (or terms of sales) (hereinafter referred to as “Terms and Conditions”) in form of electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.
For the purpose of these Terms and Conditions, wherever the context so require “You” or “Your” shall mean any natural or legal person who visit and use the services of the Website.
This Master User Agreement is applicable to all bicycles/products sold through our website(www.fittripbikes.com). In addition to this Agreement, the User shall be required to read and accept the relevant terms and conditions of any service (“TOS”) for each such Service, which may be updated or modified by “us” from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
All the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time shall be applicable for all bicycles and products sold through “us”. For the removal of doubts, it is clarified that the purchase of any bicycle/product by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not make any purchase through “Us”.
By using the services and tools provided by the Website, You are deemed to have accepted the Terms and Conditions contained herein. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website You shall be contracting with the Company and these Terms and Conditions and shall constitute your binding obligations.
When You use any of the services provided by the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions.
The Company reserves the right, at its sole discretion, to change or modify these Terms and Conditions, from time to time without any obligations to inform You. It is Your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. If You comply with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited right to enter and use the Website.
The company its sole discretion reserves the right not to accept any order placed by the User through the website without assigning any reason thereof. Any contract to provide any service by “us” is not complete until full money towards the bicycle/product is received from the User and accepted/acknowledged by “us”.
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any of the bicycles/products offered for sale through “us”. For the removal of doubt, it is clarified that the services offered herein are specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website. Limited reproduction and copying of the content of the Website is permitted provided that “our” name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
The Website uses other third-party application program interfaces (“APIs”) and may also contain links to other external websites, which are not under control of the Company. The Company provides the links to the external websites as they might be of interest to You, but the Company does not monitor or endorse these websites. The third-party APIs are used in the Website for providing better services to You. The Company cannot be held responsible for such external websites and functioning of third-party APIs, the data collected by such websites and third Party APIs and cannot make any warranties about them.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading
The Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components. The Company will not be liable for any losses, damages or claims by You or any third-party in this regard;
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
In no event shall “we” be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the bicycle/product; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into thereon; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected in relation to the bicycles/products listed on our website.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the website, the User warrants that they will not use the website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the website
USER’S OBLIGATIONS AND USER ACCOUNT
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the services under the laws of India or other applicable law.
To avail a service through the website, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the website/avail services; (b) own access to the World Wide Web. The User shall be responsible for accessing the services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. You confirm that you are the authorised holder of the credit/debit card or the original account holder used in the transactions you make using our website. FitTrip Bikes will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using our services.
The User also agrees and undertakes to immediately notify “us” of any unauthorized use of the User’s password or user id and to ensure that the user logs off at the end of each session at the website. We shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete “we” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants “us” the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the services.
Without prejudice to the other remedies available to us under this Agreement, the TOS or under applicable law, we may limit the User’s activity, or end the User’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:
The user is in breach of this Agreement, the TOS and/or the documents it incorporates by reference
We are unable to verify or authenticate any information provided by the user, or
We believe that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or us
We may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with us or use the website in any manner whatsoever until such time that the user is reinstated by us. Notwithstanding the foregoing, if the User breaches this Agreement, the TOS or the documents it incorporates by reference, we reserve the right to recover any amounts due and owing by the User to us and to take strict legal action as we deems necessary.
All products and the information displayed on the Website constitutes an invitation to offer. Your order for purchase constitutes Your offer which shall be subject to the Terms and Conditions as listed herein. We reserve the right to accept or reject Your offer in part or in full.
There may be certain orders that the Company cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which the Company identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify You in case Your order has been cancelled fully or partially or if any additional information is required to accept Your order. Any payment made through online mode by You will be refunded in case of refusal or cancellation of the order by the Company. Such a refund will be made through the same online mode of payment made by you & would be initiated within 15-20 days. Except in case of refusal or cancellation of the order by the Company, the Company has a strict no exchange, no return, no refund policy after your order is accepted by the Company.
In case multiple payment attempts were made for same order at the same instance & more than one payment were successful, the refund for the other additional transaction amount would be initiated in 7-10 days upon intimation.
Delivery & Shipping Policy
You confirm that the address at which delivery of the product(s) ordered by You is to be made, is correct and proper in all aspects. In the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information or non-availability of recipient), any extra cost incurred by the Company for re-delivery shall be claimed from You and You shall bear such expenses. Further, the Company shall not be responsible for any damages or losses incurred due to any mishandling of any third-party delivery services provider in transit.
If the Company is unable to deliver such ordered products due to any reason, the Company will refund such amount through the same online mode of payment.
You will be required to enter a valid phone number, email id while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by the Company via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. The Company may use Your personal information to initiate any promotional phone calls or SMS’ unless expressly denied by the User.
We have made every effort to display the products on the Website as accurately as possible and as per applicable law. However, we cannot guarantee that product description will accurately reflect the product on delivery. Packaging of the product may vary from that displayed on the website.
While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s; or
Exceeding the pre-set limit mutually agreed by You and between Your bank/s; or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reasons.
All payments made against the purchases/services on the Website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website.
All items purchased from the Company through the website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.
The Company reserves the right to cancel any order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the policy of the Company or order has invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund for such cancellation, will be made within sixty business days as set out in the paragraph relating to Purchases in these Terms and Conditions .
The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport