Term & Condition – Z1KneeBrace

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Terms & Conditions

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PRODUCTS AND SERVICES

Unless otherwise indicated, this web site and its contents are the property of Z1 Knee Brace and/or its affiliates/ associates (“Z1 Knee Brace”), whose registered office is situated at Jodhpur, Rajasthan, India. The Website is an online service provided by Z1 Knee Brace, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website. The Website may modify this contract at any time, and such modifications shall be effective immediately upon posting of the modified contract on the Website. You agree to review the contract periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified contract. All products, services and information displayed on the Website constitute an ‘invitation to offer’. Your order for purchase constitutes your ‘offer’ which offer shall be subject to the terms and conditions as listed here-under. Z1 Knee Brace reserves the right to accept or reject your offer. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card (“Contract”).

ELIGIBILITY

Use of the Website is available only to persons who can enter into legally valid contracts in accordance with the provisions of the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.

USE OF THE WEBSITE

You understand that, except for information, products or services clearly identified as being supplied by the Website/ Z1 Knee Brace, the Website/ Z1 Knee Brace does not operate, control or endorse any information, products or services on the Internet in any way. Except for the Website’s identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties, that are not affiliated with the Z1 Knee Brace. You also understand that Z1 Knee Brace cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Website and the internet. The Website provides the site and related information and quotas and Z1 Knee Brace does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Z1 Knee Brace shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Z1 Knee Brace does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk and Z1 Knee Brace has no control over and accepts no responsibility whatsoever for such materials.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card or debit card details provided by you for availing of services and product(s) on the Website will be correct and accurate and you shall not use a credit card or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card or debit card details to Z1 Knee Brace. We hereby undertake that your credit card or debit card information will not be utilized and shared by Z1 Knee Brace with any of the third parties unless required for fraud verification or by applicable law. Z1 Knee Brace will not be liable for any credit card or debit card fraud. The liability for use of a credit card or debit card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.

YOUR CONDUCT

You agree and confirm to the following:

  • In the case non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information provided) any extra cost incurred by Z1 Knee Brace for re-delivery shall be claimed from you.
  • You will use the services provided by the Website, Z1 Knee Brace, its affiliates, consultants, vendors, contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Website and while transacting on the Website.
  • You will provide authentic and true information at all instances where such information is requested of you. Z1 Knee Brace reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly) Z1 Knee Brace has the right, in its sole discretion, to reject the registration and debar you from using the services at the Website, without prior intimation.
  • The addresses at which delivery of the product(s) ordered by you are to be made will be correct and proper in all respects.
  • Before placing an order you will check the product(s) description carefully. By placing an order for a product you agree to be bound by the conditions of the sale included in the product’s description.
  • You will not use the Website in any way that causes, or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way.
  • PAYMENTS

  • Payments can be made by credit card, debit card, net banking. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
  • Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of- date information regarding pricing, shipping, payment terms, or return policies.
  • Product Warranties

    We provide a 3 months warranty on each product from the date of delivery on the brace framing part. However, soft goods like strap, padding, and neoprene condyle are not included under any warranty.

    However buyer should first intimate about the damaged frame through photographs by sending us a mail at info@z1kneebrace.com. We shall replace the damaged part where it is possible however in cases where the replacements is not possible we will issue a new product at our cost.

    Without prejudice to the generality of the foregoing paragraph, Z1 Knee Brace 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.

  • Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

    Bulk Order Discounts

    In case you purchase 9 or more items in bulk at a time, you qualify to get our Premium Discount, which is a total of extra 25% on the actual marked price. It shall be noted that this discount shall not include the shipping charges and duties leviable by Indian or governments abroad. Shipping charges and duties will be borne solely by the buyer.

    Note: Discount coupons on the website on purchase of single or more products, less than 9, shall not be construed same as bulk order discounts. Shipping for such orders is free however the taxes will remain the liability of the buyer.

    Limitations of liability

    Z1 Knee Brace will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

  • These limitations of liability apply even if Z1 Knee Brace has been expressly advised of the potential loss.

    Exceptions

    Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Z1 Knee Brace’ liability in respect of any:

  • Death or personal injury caused by Z1 Knee Brace’ negligence;
  • Fraud or fraudulent misrepresentation on the part of Z1 Knee Brace; or
  • Matter which it would be illegal or unlawful for Z1 Knee Brace to exclude or limit, or to attempt or purport to exclude or limit, its liability.
  • Reasonableness

    By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

    If you do not think they are reasonable, you must not use this website.

    Other parties

    You accept that, as a limited liability entity, Z1 Knee Brace has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Z1 Knee Brace’ officers or employees in respect of any losses you suffer in connection with the website.

    Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Z1 Knee Brace’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Z1 Knee Brace.

    Disclaimer

    All product pictures are for representational purposes only and as provided to us by a third party. Actual products may differ from pictures slightly. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. While we strive to provide descriptive information, on certain occasion’s manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Website. We recommend that you do not solely rely on the information presented herein and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes only. All discounts stated on the website are based on latest MRP prices of the product that we have been informed of.

    Unenforceable provisions

    If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

    Indemnity

    You hereby agree to indemnify Z1 Knee Brace and undertake to keep Z1 Knee Brace, and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Z1 Knee Brace to a third party in settlement of a claim or dispute on the advice of Z1 Knee Brace’ legal advisers) incurred or suffered by Z1 Knee Brace arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

    Breaches of these terms and conditions

    Without prejudice to Z1 Knee Brace’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Z1 Knee Brace may take such action as Z1 Knee Brace deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

    LEGAL DISCLAIMER

    Kindly note that additional duties/taxes might be accredited by customs or government authorities in some countries (like the UK) as well as in India. The seller, however, holds no responsibility at all for paying such duties/taxes and would sincerely not entertain or consider any claims for its reimbursement. These duties/taxes are directly payable by the buyer to the concerned authorities (if applicable).

    If buyer deny to pay the duty amount, in that case the shipment will be destroyed at the destination. Product will not come back to origin and shipping and destroying charges of 60 USD per unit will be deducted and rest of the amount will be refunded.

    Variation

    Z1 Knee Brace may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

    Assignment

    Z1 Knee Brace may transfer, sub-contract or otherwise deal with Z1 Knee Brace’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

    Severability

    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    Entire agreement

    These terms and conditions constitute the entire agreement between you and Z1 Knee Brace in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

    Jurisdictions

    These terms and conditions will be governed by and construed in accordance with Indian laws and any disputes relating to these terms and conditions will be subject to Jodhpur jurisdiction.