Spoke Herd/ Spoke herd Community/SHC/AV Retails provides its services to you, subject to the terms and conditions are given hereunder.
By visiting this website (www.spokeherd.com and all its subdomains) you agree to be bound by the terms and conditions of this Policy. If you do not agree please do not use or access our Site.
This site is created and controlled by AV Retails & AVS India. The laws of India shall apply and courts in Delhi shall have jurisdiction in respect of all the terms, conditions, and disclaimers.
Agreement – Means Terms and Conditions (T&C), contained herein under the Spoke Herd brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied, or replaced.
Site – Means www.spokeherd.com (and all its subdomains), owned and operated by AV Retails, which provides a venue to users to buy the products listed/displayed
User/Member/You – means and includes any person or legal entity who accepts the offer for sale by Spoke Herd by placing its order on this Site.
Products – goods and services displayed and promoted on the Site.
This Website is a venue where Users undertake purchase transactions about sports goods and services. The commercial /contractual terms include without limitation – price, shipping costs, date, period, mode of delivery, warranties related to products and services including after-sales services related to products and services, etc., over which we have complete control and which may be subject to change.
The agreement between you and the Site is subject to the following terms and conditions:
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services at the Site, you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees. – By indicating the User’s acceptance to purchase any product or service offered on the Site, the user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Any order placed for a product that is listed at an incorrect price may be canceled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
- In a credit card transaction, you must use your credit card. AV Retails will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
- If a non-delivery occurs on account of a mistake by the User (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
- Payment gateway takes 24-48 hours. to confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed on the Site. Usually, all orders are processed and shipped within 7 working days, once payment is confirmed. However, certain categories of products have different lead times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering. AV Retails shall not be liable for any delay/non-delivery of purchased goods in the event of a flood, fire, wars, acts of God, or any because that is beyond our control.
- The Products shall be subject to manufacturer’s terms and conditions for warranty, service, and maintenance, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User. The User agrees to use the services provided by the Company, its affiliates, consultants, and contracted companies, for lawful purposes only. The company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.
- Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made; Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
- The User agrees to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by the User at any point in time. If upon confirmation such User details are found not to be true (wholly or partly), Spoke Herd has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and /or other affiliated websites without prior intimation whatsoever.
- Partial delivery of product needs to be reported within 10 days of receipt of the product – In the event of non-delivery of the products to the customers, Spoke Herd liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.
- Spoke Herd liability to any claims will only be up to and limited to the cost of the product units in question.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
- Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
- We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
This User Agreement shall be construed under the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by AV Retails. and their decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore/Bengaluru. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
Contents Posted on Site
Spoke Herd expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Spoke Herd or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to Spoke Herd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Spoke Herd. You may not modify, distribute or re-post anything on this website for any purpose.
The Spoke Herd names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of AV Retails. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Spoke Herd and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Spoke Herd.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Spoke Herd shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless AV Retails, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Spoke Herd but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
The users have read and agreed to the Spoke Herd Terms and Conditions and also agree to receive promotional e-mailers and SMS’s.
AV Retails shall have the right to rectify or cancel the order if there are any differences in pricing resulting from typographic errors w.r.t pricing or product information.
We try to be as accurate as possible. However, we do not warrant that Product content on the Site is accurate, complete, reliable, current, or error-free.
Jurisdictional Issues/Sale in India Only
The material on the Site is presented for sale in India only. Those who choose to access the Site from locations other than India do so on their own initiative and we are not responsible for the supply of goods, refunds, and payments for the goods ordered.
Cancellation of order
We reserve the right to cancel any order at our sole discretion, when we are unable to meet the requirement of the order placed or for any other reason. However, we will communicate the cancellation of the order within appropriate time to the concerned person with the appropriate refunds.
This is a membership card, and its associated benefits are non-transferable.
This card is not a payment card nor is it proof of creditworthiness.
This card is governed by the 'Terms & Conditions' of Spoke Herd.
Spoke Herd will not be responsible for lost, stolen or damaged cards.
Ensure to carry the Physical Card, to avail features and services.
This card is the property of Spoke Herd and may be cancelled or revoked anytime.
Limitation of Liability
In no event shall AV Retails or Spoke Herd be liable for any special, indirect, incidental or consequential damages of any kind in connection with this agreement even if AV Retails or Spoke Herd have been informed in advance of the possibility of such damages.
Spoke Herd C/O AV Retails
J-321, Sarita Vihar
New Delhi - 110076, India
E-mail – firstname.lastname@example.org
Website – www.Spoke Herd.com
Time – 10 am-7 pm (Monday weekly off)