Terms And Conditions
These terms and conditions govern your use of this Adventure Gearbox Private Limited Website trading as www.adventuregearbox.in (hereafter the Website)
1. Application of these Terms and Conditions
1.1 The adventuregearbox.in website(hereafter the Website) is owned and operated by Adventure Gearbox Private Limited (hereafter “Adventure Gearbox” or “adventuregearbox.in” or “We”)
1.2 Your use of the Website is subject to these terms and conditions, Adventure Gearbox’s applicable Privacy Policy and any other terms or conditions found on the Website and you agree to be bound by the requirements of each.
1.3 From time to time, Adventure Gearbox may vary the terms and conditions of the Website. Such variations may, for example, be made to keep them in line with updates to its business, to comply with legislative changes of for security or technical reasons. Your continued use of the Website after such variations come into effect is deemed acceptance of the variations.
2. Products
2.1 “Products” include any products from Adventure Gearbox Brands offered for sale on this Website.
2.2 Adventure Gearbox endeavours to provide you with current and accurate information regarding all Products. However, we cannot guarantee the accuracy, completeness or currency of any information provided on this Website. You should therefore consider the information provided “as is” and without warranty (express or implied).
2.3 Adventure Gearbox reserves the right to change prices and specifications of products and withdraw any Product from sale at any time or to refrain from offering one or more Products for sale through this Website.
2.4 Product images are for illustrative purposes only. Due to the nature of colour and light, colour shades may vary from what appears on your monitor’s screen.
2.5 Unless the context reasonably suggests otherwise, Adventure Gearbox makes no warranties that any Product offered for sale through this Website, or the information provided (which includes links to third parties), through the Website is suitable for your intended purposes.
2.6 You understand that Adventure Gearbox and any of its distributed brands may change the specifications of any of its Products at any time and thus any Product purchased through the Website may differ from the Product as described and shown on the Website.
3. Accounts
3.1 Adventure Gearbox will assign you with a log-on name and password which will allow you access to certain functionality of the Website, including the ability to purchase Products and to update your account information.
3.2 You must ensure you keep your account log-on information confidential. You agree to immediately change your password if you believe it is lost, stolen or otherwise compromised.
3.3 Adventure Gearbox does not take responsibility for any loss, liability, claim, demand, damages, costs and/or expenses arising out of or in connection with use of your log-on and password by you or any other person.
4. Orders
1 The purchase of any Product by way of this Website is done solely under the terms and conditions of this Website. Any prior terms and conditions agreed between Adventure Gearbox and you are superseded, which includes the terms or conditions attached to any purchase order.
4.2 Your placement of an order for any Product through this Website only constitutes an offer to purchase the Product(s) from Adventure Gearbox. Adventure Gearbox will provide the written confirmation of its acceptance of the order. Adventure Gearbox may require additional verifications or information before accepting any order from you.
4.3 Adventure Gearbox will not accept any order for Product(s) placed by any person who resides outside of India, seeks to have the Product(s) delivered to an address outside of India, or who they reasonably believe may seek to resell the Product(s) in commercial quantities in another country.
4.4 Adventure Gearbox reserves the right to refuse or cancel an order at any time without giving reason and without penalty. Where an order is refused or cancelled, we will endeavour to contact you using the information you have provided, and any received payment will be refunded using the same payment method.
5. Delivery
5.1 Delivery will, to the extent possible, be made in accordance with the information set out in our Shipping page.. The delivery times provided by us are estimates only. Adventure Gearbox will not be liable for loss or damage caused by delivery other than on the estimated date or for any other delivery related matter outside of its control.
5.2 In the event that multiple items are ordered, part deliveries may be made where stock is not available.
6. Exchange
6.1 Details of the Exchange Policy can be found on our website at our Exchange and Warranties page. Any return should be made in accordance with the procedure and guidelines set out on this page.
7. Product Warranty Claims
7.1 Details of each Product’s warranty can be found on, or in with, the packaging and on our website at our Exchange and Warranties page.
8. Comments and Reviews
8.1 In posting a review to the Website, you agree that the information contained therein is not confidential or proprietary to any person.
8.2 In posting a review to the Website, you grant Adventure Gearbox a non-exclusive, royalty-free right and license to use, copy, distribute and disclose to third parties the review (or the information contained therein) for any purpose, in any medium worldwide. This includes use in advertising or promotional material anywhere in the world without financial compensation being paid to you.
8.3 Only genuine reviews of Products will be allowed to remain posted to the Website. A review will be considered genuine if:
(a) Adventure Gearbox has evidence (either internally or provided by the reviewer), that the reviewed product was purchased by the reviewer through the Website;
(b) the review is not defamatory, offensive in relation to any product, service, person or corporation or adversely reflects on any product service person or corporation.
8.4 Adventure Gearbox has the right to remove and expunge any comments and reviews posted if
(a) it infringes the legal rights of any other person, including intellectual property rights;
(b) it is misleading or deceptive or likely to mislead or deceive in any way, including by omission of information; AND/OR
(c) Adventure Gearbox reasonably believes the operation of the Website may be jeopardised by the review, or there is a real risk of loss or damage of any kind to Adventure Gearbox or another resulting from the review.
8.5 Adventure Gearbox undertakes not to exercise its rights under paragraph 8.3 (b) above in any manner that restricts a review that is civil or constructively criticizes a Product or Adventure Gearbox’s services in relation to same.
8.6 You agree not to make any comment, in a forum or other aspect of the Website (including associated Facebook™ page, Instagram™ and Twitter™ feeds of Adventure Gearbox or our Distributed Brands), that may be considered blasphemous, defamatory, harassing or otherwise contrary to law or public morality.
9. Promotional Communications
From time to time we may contact you about offers and new Products that Adventure Gearbox distributes in India. You can stop such communications at any time by managing your settings in My Account. or by contacting our Customer Service team at enquiries@adventuregearbox.in
10. Links to Other Websites
10.1 The Website may contain links to other websites or apps which are owned and operated by third parties and which are not maintained or controlled by Adventure Gearbox or its related companies ("Third Party Sites/Apps"). These links are provided as a convenience to you and Adventure Gearbox does not recommend or imply any endorsement of the linked site or app.
10.2 The material and subject matter of any Third Party Sites/Apps is provided to you in accordance with the Terms and Conditions, if any, of the owner of the Third Party Sites/Apps and not under these Terms and Conditions. Accordingly, your access of Third Party Sites/Apps through this App is done so at your own risk.
11. Refusal of Access
11.1 Adventure Gearbox may suspend, limit or terminate your access to the Website, at its discretion, in the following circumstances:
- a) you breach these terms and conditions, the privacy policy or any other terms found on the Website;
- b) Adventure Gearbox reasonably believes the operation of the Website may be jeopardised or there is real risk of loss or damage of any kind to Adventure Gearbox, our Distributed Brands or another person;
- c) Adventure Gearbox is legally required to suspend, limit or terminate your access to the Website or it becomes illegal to provide you with access to the Website; OR
- d) there are other reasonable grounds for Adventure Gearbox to do so.
12. Other Terms of Use
12.1 You warrant to Adventure Gearbox that any account that you set up is either an account for you personally, or you have express authority from the person named as owner of the account to set up the account on their behalf.
12.2 It is your responsibility to ensure that the information you provide us is correct and current and to notify Adventure Gearbox of any changes to your personal details.
12.3 You consent to the use and disclosure of your personal information by Adventure Gearbox for the purposes detailed in Adventure Gearbox’s privacy policy.
13. Maintenance of the Website
13.1 Adventure Gearbox will take down its Website from time to time to perform maintenance (including urgent, scheduled and unscheduled maintenance). Where the site is to be taken down for scheduled maintenance, Adventure Gearbox will endeavour to schedule the maintenance for times that will have minimal interruption to most visitors. You accept and understand that at times the Site may need to be taken down for urgent, unscheduled maintenance.
13.2 Adventure Gearbox assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the Website being offline or otherwise unavailable.
14. Intellectual Property
14.1 Except as permitted under the Copyright Act 1968 (Cth), or as permitted in writing by an authorised officer of Adventure Gearbox, no part of this Website may be reproduced or re-used in any form, including electronic, or for any purpose whatsoever.
14.2 You are not permitted to employ any agent, program or other means to data mine or conduct an automated search of the Website or the information provided through it.
14.3 All trademarks are the property of their respective owners. The Adventure Gearbox word mark and Mountain device mark are the property of Adventure Gearbox. Any reproduction or use of the trade marks by you must be with the permission of the respective owner.
14.4 If you believe that Adventure Gearbox is breaching your intellectual property rights in any manner, please send a notice setting out the details of your rights and how Adventure Gearbox is breaching those rights to enquiries@adventuregearbox.in. Adventure Gearbox will then take appropriate action to correct any valid claim of infringement.
15. Indemnity
15.1 You agree to indemnify and hold Adventure Gearbox and Adventure Gearbox, their subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with:
- a) your breach of these terms and conditions, the privacy policy or any other terms found on the Website;
- b) any wilful, unlawful or negligent act or omission by you; AND
- c) the publication by Adventure Gearbox of any review you may make of any Product.
16. Warranties and Liabilities
16.1 Adventure Gearbox represents and warrants that it will take reasonable care in ensuring that all information provided is accurate.
16.2 Adventure Gearbox does not warrant or represent that:
- a) access to this Website will be continuous and uninterrupted;
- b) the Website will be secure and free from external intruders (hackers), viruses, trojans, infections, worm attacks, or any other form or unauthorised access by any person or program; OR
- c) the Website complies with the laws of any country other than India.
17. Limitation of Liability
17.1 To the maximum extent permitted by law in India, Adventure Gearbox excludes all liability (including for negligence) to you or anyone else in respect of whom loss or damage (including special, or consequential loss or damage which shall include loss of revenue, site unavailability or unavailability of other computer systems or loss of data) arising from or in connection with any use of this Website or the information contained therein. For the avoidance of doubt, this also excludes, wherever and to the maximum extent possible, any warranties implied by statute or otherwise that relate to the Website or your use of the Website.
18. Severability
18.1 If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out while other provisions which are self-sustaining and capable of separate enforcement to the invalid provision(s), are and continue to be valid and enforceable in accordance with their terms.
19. Survival
19.1 Clauses 3.1, 3.3, 3.4, 4, 5, 7, 8, 9, 10, 12 and 13 survive termination of these terms and conditions.
20. No Partnership
20.1 You agree that your compliance with these terms does not constitute any partnership or other commercial arrangement between you and Adventure Gearbox.
21. Waiver
21.1 The failure, or delay on the part of Adventure Gearbox in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.
22. Governing Law
22.1 These terms and conditions are governed by and interpreted and construed in accordance with the laws of India. You agree to submit to, and not challenge, the exclusive jurisdiction of the courts of the state of Delhi.
23. Entire Agreement
23.1 These terms and conditions, Adventure Gearbox's privacy policy and other terms found on the Website, represent the entire agreement between you and Adventure Gearbox and cannot be varied except by agreement in writing signed by an authorised representative of Adventure Gearbox.