TERMS & CONDITIONS
TERMS AND CONDITIONS GENERAL OF PURCHASE AND USE
INTRODUCTION
The general terms and conditions that apply to using and purchasing products from this website (www.bigfalcon.in) are set forth in this agreement and the agreements referenced herein (hereinafter referred to as the "Conditions").
Before using our website, we strongly advise you to carefully read the Terms of Service, our Cookies Policy, and our Privacy Policy (collectively referred to as the "Data Protection Policies"). You agree to be governed by these Terms and Conditions and our Data Protection Policies when using this website or placing a purchase there. Do not use this website if you disagree with the Terms and the Data Protection Policy.
These terms and conditions could change. You are liable for consistently reading them because they will be in effect when you use the website or when the appropriate Contract (as specified further on) is concluded.
You can get in touch with us using the contact form if you have any questions about the Terms or the Data Protection Policy.
You may choose to execute the Contract (as described below) in any language that the Conditions are available on this website in.
IN DETAIL
BIGFALCON GROUP, an Indian company a telephone number of +91-9137559944, and conducts the sale of goods through this website under the name BIGFALCON.
INFORMATION ABOUT YOU AND VISITS TO THIS WEBSITE
Your provided personal information will be handled in compliance with the Data Protection Policies. By using this website, you acknowledge that all information and details submitted are truthful and accurate and that you agree to the processing of those details.
ELIGIBILITY FOR MEMBERSHIP
Only those who are able to enter into legally binding contracts under the Indian Contract Act of 1872 and any other applicable legislation for this purpose are permitted to use the website. Users of the website must be "incompetent to contract" as defined by the Indian Contract Act, 1872 and any other applicable legislation, including minors, insolvents who have not been discharged, etc. You may not become a member of the website or make any purchases or bids on any things if you are a minor, that is, if you are under the age of 18. If you are a minor and would like to buy something from the website, your parents or legal guardian who has registered as a user of the website may make that purchase or sale on your behalf. If it is brought to BIGFALCON attention or if it is learned that you are under the age of 18 or are otherwise "incompetent to contract," BIGFALCON GROUP (BIGFALCON) has the right to terminate your membership and refuse to grant you access to the website. If you are registering on behalf of or in the name of a business entity, you warrant that you have the necessary authorisation from the business entity to accept these Conditions of Use and to bind the business entity to them.
PARTICIPATION BENEFITS
Your address, email address, and other delivery information are automatically saved as a registered member of BIGFALCON in the "My Account" area of the website, which is only available to you. By entering in to the "My Account" section with the User ID and Password you set, you may view a complete list of all your orders. With the "My Wishlist" option, you can save things you're interested in for quick purchases. Also, if you want to sign up for our email updates, all information regarding new Website additions as well as marketing campaigns will be emailed to you on a regular basis.
YOUR REGISTRATION AND ACCOUNT OBLIGATIONS
You are in charge of protecting the privacy of your User ID and Password if you use the Website as a Registered User. You are accountable for every action taken using your User ID and Password. You undertake, among other things, to give true, accurate, up-to-date, and comprehensive information about yourself in any and all forms that may be requested of you on this website, whether as a visitor, a user of a third-party website via which you access the website, or otherwise. If any information you supply is false, incorrect, out-of-date, or incomplete, or if BIGFALCON has a good faith belief that such information is false, Platform reserves the right to permanently suspend or terminate or prohibit access to your membership with the Website and refuse to grant you access to the Website if any information provided by you is inaccurate, out-of-date, incomplete, or does not comply with the User Agreement.
You hereby offer us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to use Your information in any media or medium now known or created, produced, devised, or used in the future.
4. ACCESSING OUR WEBSITE
You consent to the following when using this website and placing orders through it:
Only legally binding orders and inquiries should be made via this website.
not to place any fictitious or duplicitous orders. If we reasonably believe that such an order has been placed, we shall be permitted to revoke it and notify the appropriate authorities.
Please give us your exact and truthful email, postal, and/or other contact information. You also consent to us using this information, if necessary, to get in touch with you regarding your order (see our Privacy Policy).
You cannot place an order with us if you do not provide us all the information we require.
You declare that you are over the age of 18 and have the legal capacity to engage into binding contracts when you place an order on this website.
AVAILABILITY OF SERVICES
Only India is eligible for the delivery service for the items listed on this website.
FORMALIZING THE AGREEMENT
You must click "Authorise payment" throughout the online shopping process in order to place an order. You will then get an email verifying that your order has been received (the "Order Confirmation"). The order will be sent, and you will receive an email to let you know (the "Shipping Confirmation"). There is a written contract between us that consists of these Conditions and the Contract.
Technical methods to fix errors
If you discover that a mistake was made when providing your personal information during the registration process to become a user of this website, you can correct it in the "My Account" section.
In any case, you can contact customer support via the phone number +91-9137559944 or the email address info@bigfalcon.in to remedy any mistakes with the personal information you gave during the purchasing process. Throughout several phases of the checkout process, this website shows confirmation boxes that prevent the order from proceeding if the information is incorrect. Also, our website provides a list of all the products you have put to your shopping basket during the checkout process, allowing you to edit the specifics of your order before submitting payment.
After the payment procedure is complete, if you find a problem with your order, you should contact our customer care at the above-mentioned phone number or email address right away to have it fixed.
THE AVAILABILITY OF GOODS
Orders for products are all based on availability. Along these lines, we reserve the right to give you information on other products of the same or higher quality and value that you may order if there are problems with the supply of products or there are no more things left in stock. If you decide against ordering the replacement goods, we will refund any money you may have paid.
NOT PROCESSING AN ORDER
We reserve the right to delete or edit any materials or content from this website at any time, as well as to remove or modify any products from it. Despite our best efforts to complete every transaction, there may be unusual situations that compel us to decline to process an order after the Order Confirmation has been sent. We hold the right to do so whenever we want.
If we remove a product from our website, change any material or content on the website, or choose not to fulfil an order after sending the Order Confirmation, we won't be held responsible to you or any other party.
DELIVERY
Despite the provisions of Clause 8 above regarding the availability of the products, and barring extraordinary circumstances, we will make every effort to send the order consisting of the product(s) listed in each Delivery Confirmation before the date specified therein, or, in the absence of a delivery date, within the estimated timeframe provided when choosing the delivery method, and in any case within a reasonable period of time from the date of the Order Confirmation.
Delays may occur owing to unforeseen circumstances on the delivery zone brought on by an act of God, a natural disaster, a pandemic, a strike, a flood, or other conflict, among other things.
If for whatever reason we are unable to meet the delivery date, we will let you know about it and give you the choice to either proceed with the purchase and set a new delivery date, or to cancel the order and receive a full refund of your money. In any case, keep in mind that we don't deliver to homes on Sundays or public holidays.
For the purposes of these Conditions, the "delivery" shall be deemed to have occurred or the order to have been "delivered" after you or a third person you designate has physical possession of the goods, as shown by the signing of the order receipt at the delivery address you designate.
The cost of delivery will always be borne by BIGFALCON, even when the merchandise is being returned. Customers will not be responsible for any delivery or return shipping expenses.
IMPOSSIBLE TO DELIVER
Three tries will be made by the courier partner to deliver your items. We will presumptively presume that you want to cancel the Contract and it will be terminated if, after three attempts, the order could not be delivered for circumstances outside of our control. We shall return you all money paid by you as a result of the cancellation of the Contract, excluding the delivery fees, within ten to fifteen days from the date on which the Contract was ended.
Please be aware that if the Contract is terminated, there may be additional transit expenses that we may have to pass along to you.
TRANSMISSION OF RISK AND PRODUCT OWNERSHIP
As stated in Article 10 above, the products will be your responsibility as of the time of delivery to you.
When we receive complete payment of all amounts due, including shipping fees, or at the time of delivery (as described in Article 10 above), if that occurs later, you will become the owner of the products.
PURCHASE & PAYMENT
Unless in the case of an evident error, the pricing of the products will always be as stated on our website. Although we take every precaution to guarantee that the prices displayed on the website are accurate, a mistake could nevertheless happen. If we find a pricing problem for any of the items you've ordered, we'll let you know as soon as we can and give you the choice to either confirm your order at the correct price or cancel it. The order will be deemed cancelled and you will receive a full refund of all payments made if we are unable to get in touch with you.
Even if we have issued you the Shipment Confirmation, we are not required to give you any products at the incorrectly reduced price if the pricing error is clear-cut, noticeable, and should have been obvious to you.
GST, taxes, and cesses are all included in the pricing listed on the website. Prices are always subject to change. Except as provided above, the modifications will not apply to orders for which we have already sent an Order Confirmation.
All of the items you've chosen to purchase will be placed to your basket once you've finished. The processing of the order and the payment will come next. To achieve this, you must adhere to the purchasing process's steps, stating or verifying the data needed at each stage. Also, you can change the specifics of your order up until the point of payment throughout the purchasing procedure. Also, if you have registered, you may view a history of all of your orders in the "My Account" section.
Debit or credit cards from Visa, Mastercard, American Express, and Rupay, as well as bank transfers made through mobile or online banking, or through UPI, are all acceptable forms of payment in India. Cash on delivery is another option for paying for your order.
Your credit card, debit card, and net banking (mobile or internet) information will be encrypted to reduce the danger of unauthorised access. The payment is required and payable immediately at the time the order is placed, with the exception of situations when payment is made by cash on delivery.
You declare ownership of the credit card by clicking "Authorise Payment."
The card issuing institution must verify and authorise use of credit cards and debit cards. We will not be held responsible for any delays or failure to deliver, and we won't be able to enter into any contracts with you if the entity does not authorise the payment (either by credit card, debit card, or bank transfer).
INVOICE
You will receive an invoice along with the products when they are delivered.
When placing an order, the customer must provide their GST number if they want to get an invoice that includes their GST payment as an input credit.
The invoice cannot be changed after it has been delivered.
So, the buyer should exercise caution when entering all the information.
Purchasing items as a guest
On the website, it is also possible to make purchases as a guest. Only the information needed to complete your order will be requested of you under this sort of purchase. You will be given the option of registering as a user or continue as a non-registered user after the purchasing procedure is complete.
TAXES
All purchases made through the website are subject to all relevant taxes, including but not limited to GST, tariffs, cesses, and other levies, in accordance with the current laws and regulations in effect.
RESTRICTIONS ON LIABILITY
Unless otherwise specified in these Terms, our liability with regard to any product purchased from our website shall be exclusively limited to the amount paid for the particular goods.
Regardless of anything else stated in these terms of use, BIGFALCON is not responsible for any of the losses listed below, no matter where they came from:
Loss of sales or income, operating loss, contract or profit loss, predicted savings loss, data loss, and loss of administrative or business time
We do not guarantee the accuracy and security of the information sent or accessed by means of this website, unless otherwise specifically stated on this website, due to the open nature of this website and the potential of errors in storage and transfer of digital information.
Except for those warranties that are legally established, all product descriptions, information, and materials on this website are provided "as is." Hence, if you are contracting on behalf of a consumer or other end user, we are required to supply goods that are in compliance with the Contract and are only accountable to you for any inconsistency that arises at the time of delivery. The goods are deemed to be in compliance with the Contract if they satisfy the following conditions: I conform to the description provided by us and have the qualities that we have highlighted on this website; (ii) are appropriate for the purposes for which goods of this kind are typically used; and (iii) exhibit the quality and performance that are typical of goods of a similar type and that are reasonably expected. There are no implicit representations or warranties given by BIGFALCON in addition to those that are specifically stated above.
INTELLETUAL PROPERTY
You acknowledge and accept that BIGFALCON or whoever has given us a licence to use their materials belongs to all copyrights, registered trademarks, and other intellectual property rights on all materials or information offered as part of the website. You may only use the aforementioned material in ways that we or the use licence holders have expressly authorised.
Computer viruses, cybercrime, and other threats
You are prohibited from abusing this website by purposefully uploading malware such as Trojan horses, worms, logic bombs, and other computer infections. You must not attempt to gain unauthorised access to our website, its hosting server, or any other server, computer, or database that is connected to it. You agree not to launch any distributed denial of service or denial of service attacks against this website.
This Clause must be followed in order to avoid being in violation, as defined by the relevant regulations. Any violation of this regulation will be reported to the appropriate authorities, and we will work with them to identify the offender. Moreover, permission to access this website will be promptly revoked if this Clause is not followed. By using this website or downloading content from it or other websites to which it leads you, you assume all risk of denial of service attacks, viruses, and other software- or technologically hazardous or damaging material that may impact your computer, IT equipment, data, or materials.
LINKS TO OTHER SITES
If our website contains connections to other websites or materials from third parties, those links are given solely for informational purposes and we have no editorial control over the information included within. As a result, we will not accept responsibility for any risk or damage resulting from their use.
WRITE-THROUGH Communication
Some of the information or alerts that we communicate to you must be in writing under the applicable regulations. By using this website, you consent to the majority of our correspondence with you taking place online. We will email you with the information or publish notifications on this website to let you know. You consent to the use of this electronic means of communication for contractual purposes and acknowledge that all contracts, notices, information, and other communications that we provide you electronically satisfies legal requirements for a written form of communication.
NOTIFICATIONS
The preferred method for sending us notifications is through our contact form. We may send you notices by email or to the postal address you gave us when placing the order, subject to the conditions in Article 23 above and unless otherwise specified.
Notifications will be acknowledged and taken into account as soon as they are published on our website, delivered via email within 24 hours, or delivered through letter three days after the postmark date. In order to demonstrate that the notification was sent, it is sufficient to show that it was sent via email to the recipient's specified email address, that the notification was properly addressed, that the appropriate postage was paid, and that it was duly delivered to the post office or mailbox in the case of a letter.
Transfer of obligations and rights
Both Parties, as well as our respective successors, transferees, and heirs, are bound by the terms of the Contract. Without our prior written agreement, you are not permitted to transmit, cede, levy, or transfer in any other way a Contract or any rights or liabilities derived therefrom.
At any point throughout the term of the Contract, We may transmit, cede, levy, subcontract, or transfer in any other manner a Contract or any rights or liabilities derived therefrom. To be clear, the aforementioned transmissions, cessions, levies, or other transfers shall not in any way affect the legal rights that you may have as a consumer or cancel, diminish, or limit in any way any express or implied warranties that we may have made to you.
THINGS OUTSIDE OUR CONTROL
Should circumstances beyond our reasonable control result in a failure or delay in our performance of any obligation under a Contract, we shall not be held responsible ("Force Majeure").
Any act, occurrence, inability to perform, omission, or accident that is beyond our reasonable control, including, among other things, the following, shall be deemed to be "force majeure."
strike, lockout, or other protests; civil unrest, uprising, invasion, terrorist attack, or threat of a terrorist attack; declared or undeclared war; threat of war, or preparation for war;
any other natural calamity, including a fire, explosion, storm, flood, earthquake, collapse, or epidemic;
inability to use motorised transportation, railroads, ships, planes, or any other form of public or private transportation;
being unable to access private or public telecommunications systems;
Actions, decisions, laws, rules, or limitations made by any public or governmental body;
Strike, failure, or accident involving any sort of transport, whether postal, river, or maritime.
It is acknowledged that during the time that a situation of Force Majeure is in existence, our responsibilities arising from Contracts are suspended, and we will be provided an extension of time to fulfil these obligations equal to the length of the Force Majeure situation. Whenever there is a situation of Force Majeure, we will use all reasonable efforts to bring it to an end or to find a way to carry out our contractual duties notwithstanding it.
RENOUNCING RIGHTS
The failure on our part to insist upon strict observance by you of any obligations assumed by you pursuant to a Contract or these Conditions, or the failure on our part to exercise the rights or take the actions that correspond to us pursuant to this Contract or these Conditions, shall not be construed as a waiver or limitation of such rights or actions, nor shall it relieve you of the obligation to comply with such obligations.
Any waiver by us of a particular right or course of action does not imply a waiver of any other rights or actions arising under the Contract or the Terms.
Any waiver by us of any of these Conditions or of any rights or actions arising from the Contract will not be effective unless it is explicitly stated that it is such a waiver and is formalised and informed to you in accordance with the guidelines in the previous section on notifications.
PARTIAL ANNULMENT
The remaining terms and conditions shall remain in force and unaffected by any declaration of nullity that may be made with respect to any of these Conditions or any provision of a Contract by a firm resolution from the appropriate authority.
COMPLETE CONTRACT
The parties' previous agreement, understanding, or promise, whether expressed orally or in writing, is superseded by these Conditions and any referenced documents with regard to the purpose of the same.
The Parties acknowledge that, aside from those items expressly mentioned in these Conditions, we have agreed to enter into the Contract without relying on any statement or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract.
Prior to the Contract's effective date, neither Party shall act in response to any untrue statements made by the other Party, whether in writing or orally (unless the said untrue statement was made fraudulently). The only action that the other Party may take is in response to a contract breach in accordance with these Conditions.
OUR RIGHT TO AMEND THESE TERMS
At any moment, we have the right to review and change these terms.
You are bound by the terms and conditions in existence at the time you use this website or place any order, unless we are required by law or governmental authority to make modifications that take effect retroactively to the terms and conditions, privacy policy, or both. The potential modifications in this situation will also have an impact on orders you've already placed.
THE APPLICABLE LAW AND THE JURISDICTION
The laws of India shall govern the use of our website and any contracts made for the purchase of products through this website.
Any dispute that develops or is connected to using the website or the aforementioned contracts shall be exclusively subject to the jurisdiction of the Indian courts in DADRA - DADRA AND NAGAR HAVELI AND DAMAN AND DIU.
Nothing in this clause will impact your statutory rights if you are a consumer entering into the contract because those rights are recognised by any relevant laws.
ARBITRATION
If a dispute arises between You and BIGFALCON during the journey of Your use of the Website or the topic of Your dealings with BIGFALCON in connection with any activity on the Website regarding the legality, interpretation, application, or alleged violation of any provision of the Terms of Use and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an impartial, independent third party chosen by BIGFALCON. The arbitration processes shall be governed by the Arbitration & Conciliation Act, 1996. The language of the arbitration proceedings shall be English. SILVASSA will serve as the arbitration's location and seat. Throughout the arbitration process, you are still obligated to pay the Payment Fees.
INDEMNITY
You agree to defend, indemnify, and hold BIGFALCON and its shareholders, subsidiaries, affiliates, third parties, and each of their shareholders, officers, directors, agents, and employees, harmless from any claim or demand made by a third party or penalty imposed as a result of or arising out of your violation of any provision of these terms and conditions or any other provision of these terms and conditions, or as a result of your violation of any law, rule, or regulation.
Recommendations AND COMMENTS
Your feedback and ideas are always appreciated. Please use our contact form to submit any feedback and ideas.
Furthermore, buyers and users have access to formal claim forms. Calling +91-9137559944 or using the contact form will get you those.
DISCLAIMER:
The key to identifying any relationship between you and BIGFALCON for your use of the website and for BIGFALCON to provide any services on the website is the following disclaimers:
The Website and its services are provided "as is" and without any warranties or conditions, express, implied, or statutory, and BIGFALCON and its suppliers, affiliates, and service providers expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You hereby acknowledge and accept that your use of the Website is at your own risk. It is your obligation to ensure that the statements made about the products on the website are accurate.
In accordance with compliance with the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, BIGFALCON, its associates, affiliates, service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products.
In accordance with applicable regulations, BIGFALCON may offer independent services such as warehousing, logistics, providing courier services, and payment facilitation through nodal bank(s) in order to streamline transactions with its clients. You are aware that BIGFALCON will hire independent third parties to carry out these services, and you agree and accept this. On a reasonable effort basis, BIGFALCON may obtain from these third parties typical industry standard warranties. You further understand, concur, and accept that BIGFALCON will not be held liable or responsible for any actions, commissions, omissions, misconduct, or claims made by or on behalf of You or any third party. Unless such actions, commission, omission, or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of BIGFALCON and in such an event, the total aggregate liability of BIGFALCON shall be limited to the extent provided in the clause titled "Limitation of Liability," fraud, or negligence (whether in contract or tort, or under the public policy) of these third parties;
You recognise, agree, and understand that the Website and e-commerce portal use third-party service providers to store and process Your personal information and other information that You provide to the Platform (as more specifically described in the Privacy Policy), and that these third parties may store and process your personal information in a country or state that may not have jurisdiction over You and/or that may not have any data protection or data security laws. as the nation or state that has authority over BIGFALCON or You. You acknowledge and agree that BIGFALCON makes no representations, warranties, or assurances regarding the protection of Your personal information by such third-party service providers, and that BIGFALCON is not responsible for any acts, commissions, omissions, misconduct, fraud, or negligence (whether in contract, tort, or under any other theory of law) made by such third parties. This is true even if the third party's actions, commissions, omissions, or negligence are directly related to misconduct and gross negligence.
You acknowledge that the aforementioned disclaimers are additional to any any provided in these Conditions of Use.