Your use of the Xio Shop website and application including www.xioshop.com however accessed and/or used, whether via personal computers, mobile devices or otherwise and other interactive features, applications or downloads that are operated by us that are available through this site or that interact with this site and post these Terms of Use (collectively "Website") is governed by the terms and conditions contained herein (the "Terms of Use"). Xio Shop is an internet based portal and an application owned and operated by M/S. XIO SHOP, a partnership firm incorporated under the Companies Act, 1956, having its registered office at NEW NO. R-27, OLD NO. R-23 T/F EAST VINOD NAGAR, NEAR GAUTAM MARG, DELHI - 110091, INDIA, (hereinafter referred to as "Company").

This document is an electronic record in terms of Information Technology Act, 2000, and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published 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.xioshop.com" the ("Website").

The term "Website" used in these Terms of Use or in any other policies and documents referred to in these Terms of Use shall mean and include www.xioshop.com, any mobile application of Xio Shop and/or any interface available to a user for accessing or using the services provided by Xio Shop.

For the purpose of these Terms of Use, wherever the context so requires "you", "your", "yourself" or "user" shall mean any natural or legal person who (i) accesses the Website; (ii) accesses the Website and has agreed to become a member of the Website by providing Registration Data (as defined below) while registering on the Website as registered user; and/or (iii) accesses the Website as a registered user and transacts on the Website using the services available on the Website. The term "we", "us", "our", "Xio Shop" shall mean Xio Shop and includes its associates, affiliates and subsidiary(ies).

Your Use and access of this Website is governed by and subject to the terms & conditions provided herein ("Terms of Use") and is conditioned on your "Acceptance" of these Terms of Use. If you do not agree to these Terms of Use, or if you do not agree with our Privacy Policy, please do not use the Website or any services offered by the Website. For the aforesaid purpose, "Acceptance" shall mean any act on your part which reflects your use of the Website or the services provided through the Website including your visiting, dealing, transacting and/or otherwise using this Website or any other actions that implies your acceptance. Upon "Acceptance" these Terms of Use shall be treated as legally binding and enforceable agreement between the Company and you along with any amendments made by Xio Shop at its sole discretion and posted on the Website and you shall not claim invalidity of these Terms of Use merely on the grounds that these Terms of Use are being concluded electronically. If you do not agree with any or all of these Terms of Use, then you should stop using, dealing with and/or initiate and do any transaction on the Website.

The information, products and services including but not limited to shopping services, search services and any and/or all other services of whatsoever nature, offered on the Website, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear on the Website. The Company, its affiliate companies, associate companies, subsidiaries assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, and associate companies cannot guarantee, and shall not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users.

In these term of Use, 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".

• DEFINITIONS

  The words and phrases used in these Terms of Use are defined as under unless repugnant to the context or meaning thereof:

  • "Company" shall mean Xio Shop.
  • "Product(s)" shall mean any item for sale on the Website or Mobile Application for consideration.
  • "Terms of Use" shall mean these terms of use agreed between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
  • "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.xioshop.com in any way.
  • "Website" shall mean www.xioshop.com, a website owned and operated by the Company for facilitating online transactions including Application.
• ELIGIBILITY

   

  • Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into legally binding contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to enter into valid contract within the meaning of Indian Contract Act, 1872, including minors, undischarged insolvents etc., you are prohibited to visit, use, deal and/or transact at the Website. User's visit, dealing and/or transaction at the Website shall be treated as User's representation that User is competent to enter into valid legal contracts under the Indian Contract Act, 1872. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Xio Shop reserves the right to terminate your membership and refuse to provide you with access to the Website and Services if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.
• AMENDMENT OF TERMS

   

  • The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms of Use anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified. As long as you comply with these Terms of Use, Xio Shop grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
    By accepting these Terms of Use, you also accept and agree to be bound by the terms and conditions and policies as posted on the Website from time to time including without limitation Privacy Policy, Refund & Return Policy and Intellectual Property Rights Policy.
• CONTENTS OF WEBSITE

   

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website shall only be used in accordance with these Terms of Use. All Products/Materials/Contents displayed on the Website are protected by copyright, trademark, trade secrets and other intellectual property rights and is owned, controlled or licensed by or to the Company (as applicable) or its subsidiaries, or associate companies or its licensors, as the case may be.
  • The Contents displayed over the Website is protected by copyright pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company express prior written consent.
  • The Company's logos, Product and service marks and/ or names are trademarks owned, controlled or licensed to the Company (the "Marks"). Without the prior written permission of the Company, or its affiliates or associated companies, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks.
  • User's misuse of the Products, material and/or Marks on the Website and in its Contents, except as provided in these Terms of Use, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
  • The Contents of the Website including the Products as displayed and the materials contained over the Website might vary depending on the area where the User wants to avail the services.
  • Access or use to this Website does not confer and shall not be considered as conferring upon anyone any license to Company's or any third party's intellectual property rights. No trademark or service mark license is granted in connection with the materials contained on this Website.
  • References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to User and do not in any way constitute or imply Company endorsement, sponsorship or recommendation of the third party, information, product or service.
  • User may download or copy the Contents and other downloadable materials displayed on the Website for personal and non - commercial use only. No right, title or interest in any downloaded materials or software is transferred to User as a result of any such downloading or copying. The Contents and software on this Website may be used only as a shopping resource. You may use information on the Website Products and services for downloading from the Website, provided that you:
    1. (a). do not remove any proprietary notice language in all copies of such documents; or
    2. (b). use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
    3. (c). make no modifications to any such information; or
    4. (d). do not make any additional representations or warranties relating to such documents or information
• REGISTRATION DATA

   

  • User shall be entitled to use the Website for any online transaction with or without registering on the Website after furnishing all relevant information relating to User as sought on the Website. If you choose to register on the Website and provide your Registration Data, you shall be solely responsible for maintaining the confidentiality of your User Id and Password you shall also be responsible for all activities that occur under your User ID and Password. You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by the Xio Shop's registration form while registering (such information being the "Registration Data"); (ii) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iii) You must immediately notify us of any unauthorized use of your password or account or any other breach of security; and (v) ensure that you exit from your account at the end of each session.
  • As part of the Registration Data, we may require you to provide the following personally identifiable information about you including without limitation: name (first and last name), email address, mobile number, residential address and other contact details, demographic profile (such as your age, gender, occupation, etc.) and information about the pages on the Website you visit/access, the links you click on the Website, the number of times you access a particular page/feature and any such information. Such information collected shall be subject to the Privacy Policy as displayed on the Website.
  • User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration or while transacting on the Website. The Company shall be entitled to cross verify the Registration Data, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading or otherwise not in accordance with these Terms if Use, then the Company shall be entitled to cancel or indefinitely suspend or block access of your membership with Xio Shop and refuse to provide the access for such period as the Company deems fit. Xio Shop shall not be liable for any loss or damage arising from your failure to comply with this Clause 5.3.
  • User shall not (a) select or use name, User ID, mobile number and/or mail id, of any other person with the intent to impersonate that person; or (b) use a User id or name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration or order of, or cancel User id in its discretion of such User.
  • User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
    1. (a). Delivery of Product at wrong address furnished by User;
    2. (b). Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
    3. (c). Any deficiency in payment of consideration payable towards the Products purchased on the Website.
  • User shall further be liable to be prosecuted under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company in user's Registration Data or any other details for transacting at the Website.
• ELECTRONIC EXECUTION AND COMMUNICATIONS

   

  • When you use the Website or send emails or other data, information or communication to Xio Shop, you agree and understand that you are communicating with Xio Shop through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Website or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
• LIMITED USE OF THE WEBSITE

  You further agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You understand and agree that the Website is merely a platform for providing services to its users and persons accessing the Website. All items advertised/listed and the Contents therein are advertised and listed based on information/content provided by the vendors and/or are the third party user generated contents. You are only granted a limited sub-license to access and make personal use of the Website. You also acknowledge and agree that the Company has no relationship with you other than to act as your agent for retrieval and delivery of product(s) purchased on the Website. Such limited sub-license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  • The User agrees and undertakes not to reverse engineer, modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website.
  • User shall not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material using the Website.
  • User shall not use Website to transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
    1. (a). belongs to another person and to which you do not have any right to; or
    2. (b). that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
    3. (c). is misleading in any way; or
    4. (d). is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    5. (e). harasses or advocates harassment of another person; or
    6. (f). involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or
    7. (g). promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
    8. (h). infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
    9. (i). promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Rights Policy" for instructions on how to lodge a complaint about any infringement of your intellectual property), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
    10. (j). contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
    11. (k). provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
    12. (l). provides instructional information about illegal activities such as but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
    13. (m). contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
    14. (n). tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
    15. (o). engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website.
    16. (p). For the purposes of these Terms of Use, our "prior written consent" means a communication coming from our legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization; or
    17. (q). solicits gambling or engages in any gambling activity which Xio Shop, in its sole discretion, believes is or could be construed as being illegal; or
    18. (r). interferes with another user's use and enjoyment of the Website or any other individual user's enjoyment of similar services; or
    19. (s). refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other websites, or contains content that is prohibited or violates the letter or spirit of these Terms of Use; or
    20. (t). harm minors in any way; or
    21. (u). infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
    22. (v). violates any law for the time being in force; or
    23. (w). deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
    24. (x). impersonate another person; or
    25. (y). contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
    26. (z). threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
    27. (aa). is false, inaccurate or misleading; or
    28. (ab). directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
    29. (ac). creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers.
  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any our servers, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer/user, including any Xio Shop account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  • You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on our systems or networks, or any systems or networks connected to the Website.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or interfere with any other person's use of the Website.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Xio Shop or others.
  • Solely to enable us to use the information provided by you, so that our use of your information does not violate any of your rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with this Terms of Use and our Privacy Policy displayed over the Website.
  • You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related being displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Website. It shall be a violation of these Terms of Use to use any information obtained from us in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Xio Shop without our prior explicit written consent.
  • It is possible that some users of the Website (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website, or from the Website on other social platforms (eg., but not limited to Facebook).
  • We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of services).
   
• PAYMENT POLICY

   

  • Users may choose Cash on Delivery (COD) option of payment where a User is liable to pay the amount against the Order. The payment through Cash on Delivery is managed by Company representatives.
  • User may also choose to make the payment for the Products purchased through their valid credit / debit and/ or any other payment cards including e-wallets, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment.
  • User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
  • In such event, it is Company's policy to redirect User to a payment processing portal hosted by a third party payment processor. User agrees and acknowledges that any information in relation to the User's credit/debit card or net banking facility as made available to the Company shall be subject to the same privacy standards as highlighted in our Privacy Policy.
   
• SHIPPING & DELIVERY

   

  • Subject to the terms and conditions herein, Company shall endeavor to deliver Product within stipulated delivery time slot as selected by the User provided on the Website, subject to successful realization of payment made against the said Order and availability of the Product(s).
  • However, User understands and confirms that the Company shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the Company.
  • The Company, at its discretion, from time to time, may implement policies to compensate customers in case of inordinate shipment delays.
  • If, on account of a mistake on your part (including but not limited to providing the inaccurate or wrong details pertaining to delivery address or otherwise), product delivery is delayed or is returned from its destination, any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.
  • Anyone at the delivery address who receives the delivery of the product is conclusively presumed to be authorized to receive and pay for the order by the Company.
   
• ORDER MODIFICATION AND CANCELLATION

   

  • Cancellation by Xio Shop: There may be certain orders that Xio Shop is unable to accept and must cancel. Xio Shop reserves the right, at Xio Shop's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in your order being cancelled include, without limitation, non-availability of the product or quantities ordered by you, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Xio Shop. Xio Shop may also require additional verifications or information before accepting any order. Xio Shop will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your credit card account.
  • Cancellation/Modification by User: In case of requests for order cancellations, Xio Shop reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Xio Shop receives a cancellation notice and the order has not been processed/ approved by Xio Shop, Xio Shop shall cancel the order and refund the entire amount to you within a reasonable period of time. Xio Shop will not be able to cancel orders that have already been processed. Xio Shop has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Xio Shop and accept Xio Shop's decision regarding the cancellation. User can also modify their orders anytime up to the notification received by them about picking up of their order by calling Company's customer service or visiting the Website. In such a case User would have to pay the extra amount in case the value of new order exceeds the original order. Company will refund any payments already made by the User for the cancelled order or in case the value of modified order is less than the original order.
  • If Company suspects any fraudulent transaction by any User or any transaction which defies the terms & conditions of using the Website, the Company at its sole discretion shall cancel such orders. However, the User will be notified in any such case.
  • Before any order is placed by you or on your behalf, you are required to ensure that the product description has been checked and reviewed carefully and in sufficient detail. By placing an order on the Website, you agree to be bound by the conditions of sale included in the item's description without exception.
   
• REPLACEMENT AND REFUND

   

  • Any Product purchased from the Website can be returned to the Company within 24 hours of the delivery time except for the products present under category "Fruits & Vegetables" have to be returned on the same day as of the order. The User is obligated to provide a photograph clearly showing the defect/damage in the concerned Product. Such a photograph can be furnished to Xio Shop through email or through the Application. Company have the rights to investigate the cases and final decision remains with the Company.
  • In case the User wishes to return any Product as per clause 11.1, the User shall have any one of the following options:
    1. (a). "Replacement" – User can choose to have the Product replaced by contacting the Company's customer services.
    2. (b). "Refund" – User can also opt for a refund of the amount paid for buying the Product by contacting the Company's customer services.
    3. (c). "Credit Note" – User can also opt for issuing of a credit note which will be in terms of the Company's loyalty reward points "Xio Cash", worth of amount equal to the price charged for the Product being returned. This Credit Note can be used to shop for Products at the Website at any time in the future.
  • If the User has opted for Replacement of the Product, Company shall endeavor to arrange the replacement Product of the same description within 3 working days from the date of placing of such Replacement Order subject to availability.
  • In the event of unavailability of the product at the relevant store/vendor or for other reasons outside the control of the Company, you agree that product may be made available to you by the Company through procuring it from any other store/vendor. You may, however, refuse to accept such product, as per your discretion, in which case an amount equal to the price already paid (if any) for the original product will be refunded to you. In the case of unavailability of the Product from other stores/vendors as may be approached by the Company, the Company is responsible for refunding the entire amount paid for that Product by the User as per Clause 11.5.
  • In case of a Refund:
    1. (a). Company shall refund the amount paid by the User directly to the account from which the payment was made within 10 working days from receiving the Product.
    2. (b). If the User opts for Credit Note, Credit Note will be credited to User's registration account in the form of Xio Cash within 24 hours.
  • In the case the original mode of payment for the order was Cash on Delivery, User will be required to furnish it's bank account details through its registered email address or through the Application. The Refund amount will be credited to this account only by the Company in 10 days.
  • Subject to the provisions as set out here in above, User hereby agrees and understands that the User can return Product purchased on the Website only to the appointed Company representative and the Product should meet the following specifications:
    1. (a). have all its original packaging and accessories, including the box, manufacturer's packaging if any, warranty cards, authenticity labels and all other items originally included with the product(s) delivered.
    2. (b). be in an unused/ saleable condition.
  • In the event that the Product received by us does not meet the specifications above, or any of the below apply, then the product will neither be replaced, nor will a refund be provided:
    1. (a). product(s) is damaged due to use or misuse.
    2. (b). product has been used.
    3. (c). product has been tampered with.
  • In case of Replacement / Refund Order, the Company's Representative will arrange pick up of the Product to be returned. User agrees to assist and cooperate fully to return the Product with its manuals, booklets, warranty card, accessories, freebies, if any, and packing materials or any other things which were delivered to the User along with the Product being returned. At the time of pickup the User will be provided with acknowledgement of pick up by the Company's Representative. User should retain the said acknowledgment and quote the same in all his/her future communications with the Company in this regard.
  • In case of any return requests arising after 24 hours of delivery of the Product, such requests will be serviced as per the discretion of the Company or according to the warranty terms of the Product.
• FORCE MAJEURE

   

  • The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
  • Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under these Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company hereunder.
   
• PRODUCT DISCLAIMER

   

  • You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of the vendors nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products nor hereby expressly disclaim any and all responsibility and liability in that regard.
  • We endeavor to ensure that the Products that you buy from the Website are genuine, authentic products and are being sold by well reputed vendors at the best prices possible. We also offer extend all the warranties, guarantees as entailed in the Product by the vendor to you. We try to be as accurate with regards to the information pertaining to the Products and services as displayed over the Website on behalf of our vendors. However, we do not warrant that product description or other content of this Website is accurate, complete, reliable, current, or error-free. It is also clarified that we seek to ensure the aforesaid only on a best endeavor basis and do not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuineness and authenticity of the Products and/or the vendor, for which the vendor shall be solely responsible and liable.
  • The color on the actual Product may vary from the color on the webpage. Therefore, a variation in the color of the Product shall not be treated as any damage or defect in the Product.
  • All the Products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case if a product is ordered at a particular price as displayed over the Website and the Company procures the product from the relevant vendor/store at a price lesser than the price displayed over the Website, you shall be obligated to pay such lesser price on which the product is procured from the vendor/store. However, the Company reserves the right to correct online pricing errors, if any. In case of such errors, Company may correct the pricing error or cancel undelivered orders for such incorrectly priced products. You shall be contacted in such circumstances.
  • The information printed on the product packaging as shown on the product photos on the website, which may include but not limited to Batch Number, Manufacturing Date, Expiry Date and Price, might differ for the product being delivered to you.
   
• WARRANTY DISCLAIMER

   

  • User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The services, Products, materials, information, content, Website are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by their manufacturer.
  • Without prejudice to the forgoing paragraph, Xio Shop does not warrant that:
    1. (a). this Website will be constantly available, or available at all or the Website or the Products offered on the Website will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; or
    2. (b). the information on this Website is complete, true, accurate or non-misleading; or
    3. (c). the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable;
    4. (d). We will be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
    5. (e). This Website, information, Content, materials, Product (including software) or services included on or otherwise made available to you through the Website, our servers, or any electronic communication sent from the Website are free of viruses or other harmful components;
  • Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website. User's uses this Website and/ or services at his/ her own risk in accordance with Company's Privacy Policy.
  • Nothing on the Website constitutes, or is meant to constitute, advice of any kind;
  • All the Products sold on the Website or services offered through the Website are governed by different state laws and if we are unable to deliver any products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to you;
  • You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.
  • Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, and associate companies may make improvements and/or changes to this Website at any time.
   
• BREACH

   

  • Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/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:
    1. (a). If you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website;
    2. (b). If we are unable to verify or authenticate any information you provide; or
    3. (c). If it is believed that your actions may cause legal liability for us, you, or other users. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or any other rules and policies as displayed over the Website, we reserve the right to recover any amounts due and owing by you to us or 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.
  • You also agree that any breach by you of these Terms of Use or any other rules or policy as displayed over the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to Xio Shop, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies we may have at law or in equity.
  • If we initiate any legal action against you as a result of your violation of these Terms of Use or any other rules or policy as displayed over the Website, we shall be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us.
   
• LIMITATION OF LIABILITY

   

  • IN NO EVENT SHALL XIO SHOP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ITS SERVICES OR THIS TERMS OF USE, EVEN IF XIO SHOP HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
  • Xio Shop's liability in any circumstance is limited to the amount of fees, if any, paid by you to us. Xio Shop, its associates, affiliates and service providers make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Xio Shop assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
    1. (a). The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
    2. (b). Any interruption or errors in the operation of the Website.
   
• GOVERNING LAW AND JURISDICTION

   

  • These Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms of Use. Any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use between the Parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Company and his 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 Delhi.
   
• REVIEWS, FEEDBACK, SUBMISSIONS

   

  • All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with User's use of this Website (collectively, the "Comments") shall be and shall remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments that User submit for any purpose whatsoever, without restriction and without compensating User in any way. User agree that any Comments submitted by them to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. User further agrees that no Comments submitted to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Company does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. User is and shall remain solely responsible for the content of any Comments they make and User agree to indemnify Company and its affiliates for all claims resulting from any Comments they submit.
  • User agrees to be contacted from time to time via email, SMS and phone call about offers, deals and feedback running at Xio Shop.
   
• OBJECTIONABLE MATERIAL

   

  • By using this Website or any services provided on the Website, User may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which may or may not be identified as such. User agrees to use the Website and any service at their sole risk.
   
• INDEMNITY

   

  • User agrees to defend, indemnify and hold harmless Company, its employees, 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 User's actions or inactions, which may result in any loss or liability to Company or any third party including breach or non-performance of these Terms of Use, Privacy Policy and other policies as displayed over the Website, or violation of any law, rules or regulations or the rights of a third party. This clause shall survive the expiry or termination of these Terms of Use. Termination of these Terms of Use does not in any way cancel your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under these Terms of Use prior to the date of termination.
   
• TERMINATION

   

  • These Terms of Use is effective unless and until terminated by either User or Company. User may terminate these Terms of Use at any time, provided that User discontinue any further use of this Website. Company may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny User's access to the Website. Such termination will be without any liability to Company. Upon termination of these terms of Use by either party, User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
   
• GENERAL

   

  • Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Xio Shop at Xio Shop's registered office situated at NEW NO. R-27, OLD NO. R-23 T/F EAST VINOD NAGAR, NEAR GAUTAM MARG, DELHI - 110091, INDIA, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 working days after the date of mailing.
  • Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms of Use.
  • Entire Agreement: These Terms of Use sets forth the entire understanding and agreement between you and Xio Shop with respect to the subject matter hereof.
  • Assignment: You cannot assign or otherwise transfer these Terms of Use, or any rights granted hereunder to any third party. We may transfer our rights and obligations (also known as "assign") under these Terms of Use without your prior express consent, provided that we shall assign the Terms of Use on the same terms or terms that are no less advantageous to you.
   
• GRIEVANCE OFFICER

   

  • In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

    Name: Abhishek Tiwari
    Mobile: +91-9350-44-5454, 9971-44-5454, 9210-44-5454, 8750-44-5454
    E-mail ID: abhishek@xioshop.com
    CC To: complaints@xioshop.com