Terms & Conditions

Accessing this website constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the website.

This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.SurplusAAA.com website.


User Agreement

Your use of www.surplusAAA.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the website ("User Agreement"). This User Agreement shall come into effect upon your each visit or usage of the website or upon your registration or upon you providing any information on the website. In this User Agreement, you are contracting with Shopmore Enterprise Private Limited, a company incorporated under Companies Act, 1956 with registered office at B3/3 Janakpuri New Delhi 110058 (India), hereinafter referred to as "the website" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the website as Registered User using the computer systems of the website or who has used the website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression “You” shall, unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.

The Website SurplusAAA is operated by Shopmore Enterprise Pvt.Ltd. (“SurplusAAA,” “us” or “we”). We are a company incorporated in Delhi and our principal place of business is located at WZ19E, Nangli Jalib, B-1 Block, Janakpuri, New Delhi -110058 India.

We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the website. If you access the website after we have posted changes to these terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.


PRIVACY

To view our Privacy and Security Policy,CLICK HERE. We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the website.


WEBSITE ACCESS

You may not download (other than page caching) or modify the website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the website or its content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the website or its content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.


YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the website.


LINKS

We are not responsible for the content of any websites that may be linked to or from the website or any bulletin board associated with us or the website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the website is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available are provided on "as is" and "as available" basis without any warranties or representation, express or implied except otherwise specified in writing. We do not warrant uninterrupted or error-free usage, integrity, the accuracy, or completeness of the content provided on the website, or the products or services offered for sale on the website. We make no representation that content provided on the website is appropriate or applicable for use outside India. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, browsing, viewing of, visiting or use of the website is at your sole risk.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the website.

Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the website, please refer to the manufacturer or affiliates for details.

The products on our website are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the products sold on the website are governed by different state laws and if we are unable to deliver such products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance from you.


CONDUCT

You agree to use the website only for lawful purposes. You are prohibited from posting on or transmitting through the website any, harmful, unlawful, threatening, defamatory, abusive, harassing, vulgar, obscene, sexually explicit, racial, profane, hateful, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the website. If the website notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through chat, online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the website. The website maydisclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property, our users and customers and/or you.

We reserve the right, but not the obligation, to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the website, website users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or content on the website.


YOUR USER CONTENT POSTED ON THE WEBSITE

For any information, data, photographs, software, graphs, typefaces, graphics, music, videos, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the website, you agree to grant (i) us and our respective contractors, agents and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such user content and to prepare derivative works based on, or incorporate into other works, such user content, with or without attribution; and (ii) subject to the restrictions set forth in these terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such user content for each user's personal, non-commercial use. You understand that all your user content may be visible to, sent to, and viewed by all other users of the website, and you expressly waive any privacy rights you may otherwise have to your user content. You agree to allow us, if we elect in our sole discretion, to email your user content to other users.

You are solely responsible for your user content and for the resolution of any disputes that arise between you and any other entity or individual because of your user content. You agree not to post, upload, or transmit any user content that violates the intellectual property rights of any third party including: patent, trademark, copyright, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any user content for any or no reason, including but not limited to user content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any user and/or any other individual or entity.


NOTICES

You agree that we have the right to send you certain information in connection with the website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the website. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the website.


Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor under the age of 18 years, you shall not register as a member of the website and shall not sell, purchase or bid for any items on the website. As a minor if you wish to sell or purchase an item on the website such sale or purchase may be made by your legal guardian or parents who have registered as users of the website. The website reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to the website notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.


TERMINATION OF MEMBERSHIP

We may terminate your access or suspend your right to access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these terms or is harmful to the interests of other users, associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.


Non-payment

The website reserves the right to terminate your membership of the website and refuse to provide you with access to the website in case of non-payment of the website fees and also reserves the right to take legal action.


Breach

Without limiting other rights and remedies, the website may limit your activity, immediately remove your information or buys, or remove your listing, warn other users of your actions, immediately temporarily or indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the website in the event, but not limited to;

  • If your actions may cause legal liability for you, other users or the website.
  • If you breach the User Agreement or any terms or policies of the website.

The website may at any time at its sole discretion reinstate suspended users.

The website reserves the right to recover any amounts due and owing by you to the website and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.


Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless the website and the website shareholders, officers, directors, subsidiaries, affiliates, third-parties and their respective shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.


Policy

Please review our Privacy and Security Policy, Non Payment, Arbitration, Breach,Shipping & Delivery Policy, Return,Refund Policy, Terms and Conditions , and all other policies posted on the website govern your visit to the website. We reserve the right to make changes to the website, any incorporated policies, and terms at any time.


Governing Law

Any dispute relating in any way to your visit to the website, to these Terms, to our Privacy and Security Policy, breach, non -payment, to our advertising or solicitation practices or to products you purchase through the website shall the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the website. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Delhi. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

This User Agreement and all the rules and policies contained herein and any of your usage of the website and your dealings with the website shall be governed in accordance with the laws of India without reference to any conflict of laws principles.


HOW TO ORDER THROUGH THE SITE

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.


PRICES, AVAILABILITY AND ERRORS

Products on the website are subject to change without notice. Errors will be corrected when discovered. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.

Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available. You agree that we may cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.


TAXES

In states where we have no physical presence, we are not required to collect and remit sales tax for purchases. However, many states require that their residents pay octroi or local body tax. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area.


SHIPPING

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page.


SMS

When you join and provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to your phone number.

You may also contact our customer service department by visiting our website CONTACT US or dialing 011-47312004.

You agree to notify us of any changes to your mobile number and update your account(s) with us to reflect this change.

Data obtained from you may include your mobile phone number, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services. All data collected is subject to our Privacy and Security Policy.


Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.


Disclaimers of Warranty and Limitations of Liability

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Other than the warranties and other assurances we give you in these Terms, we specifically disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty (unless made fraudulently).

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