Terms of service

                                GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

1.      INTRODUCTION

 This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.kidscentral.in) and the purchase of products on it (hereinafter referred to as the "Conditions"). We urge you to read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and with the Data Protection Policies, do not use this website. These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract (as defined further on) shall be those that apply. If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form. The Contract (as defined below) may be executed, at your choice, in which the Conditions are available on this website. 2. OUR DETAILS Sale of goods through this website is carried out by Kids Central, an Indian company with registered address at 40-1-181,M G Road, Labbipet, Vijayawada, India, with e-mail address kidscentral2015@gmail.com, telephone number +917842371827. 3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. 4. USE OF OUR WEBSITE When you use this website and place orders through it, you agree to: i. Use this website to make enquiries and legally valid orders only. ii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities. iii. Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts. 5. SERVICE AVAILABILITY Delivery service for the articles offered on this website is available in India only. 6. FORMALISING THE CONTRACT To place an order, you must follow the online purchasing procedure and click on "Authorise payment". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will be informed via email that the order is being sent (the "Shipping Confirmation"). An electronic ticket with your order details shall be attached to the Shipping Confirmation (the “E-ticket”). These Conditions and the Contract constitute a written agreement between us. 7. TECHNICAL MEANS TO CORRECT ERRORS In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section "My Account". In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service via the telephone number +917842371827, or the email address kidscentral2015@gmail.com. This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, telephone or email address above to correct the error. 8. AVAILABILITY OF PRODUCTS All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid. 9. REFUSAL TO PROCESS AN ORDER We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation. 10. DELIVERY Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on, Sundays or bank holidays. For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you. 11. INABILITY TO DELIVER If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day. If your order has not been delivered on grounds not attributable to us, we will contact you and, if thirty (30) days later of the date when the item was made available to you, it would remain uncollected, or you would refuse to collect it, it will be deemed to have been abandoned. For further information, please contact us via our Customer Service. 12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time. 13. PRICE AND PAYMENT The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be refunded to you in full. We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. The prices on the website include Goods and Service Tax (GST), duties and cesses but exclude delivery or return charges, which can be added to the total price. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, debit or credit cards in India, with Visa, Mastercard, American Express and Rupay, or by Bank transfer such as mobile or internet banking or by UPI. To minimise the risk of non-authorised access, your credit card/ debit card/ net banking (mobile or internet) details will be encrypted. Other than where payment is by cash of delivery, the payment will be due and payable immediately at the time of placing of the order. When you authorise payment, you are confirming that the credit card is yours. Credit cards and debit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment (either by credit card / debit card / bank transfer), we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you. 14. INVOICE An online invoice will be provided to you in the section ‘Invoices’ of ‘My account’. 15. EXPRESS CHECKOUT The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the “Shopping Bag” section. To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, card holder name exactly as it appears on the card and card expiry date. To save your card information and use Express Checkout, you will have to accept the applicable Privacy Policy and Conditions. By agreeing to use Express Checkout, you authorize that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases. You may save card information in Express Checkout for as many cards as you like, to do so you must make at least one payment with each of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your preferred card, and will be charged for Express Checkout purchases by default. To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Bag. A screen will immediately appear with the shipping, billing and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information, do not complete the purchase. To make purchases using different details please, do not use the Express Checkout service. 16. TAXES Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc. 17. EXCHANGE/RETURN POLICY 17.1 Contractual right of withdrawal We grant you a period of 5 days from the Order delivery date to return the products (except those mentioned in Clause 17.2 below, for which the right to cancel is excluded). In case you return the goods within the contractual term of the right of withdrawal, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed. We reserve the right not to accept return of products which (i) we believe are being returned after use, or (ii) are damaged (except where the return is on account of damaged goods having been delivered to you). The withdrawal period will expire after 5 days from the day on which you received the Order. To exercise the right of withdrawal, you may notify us at Kids Central by sending an email to kidscentral2015@gmail.com or by writing to our contact form, of your decision to withdraw from this contract by an unequivocal statement (example: a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you decide to withdraw from this Contract, and subject to above, we will return to you all payments received from you, excluding delivery or home collection charges without any undue delay, within 30 days of the date on which this Contract has been terminated. The refund will be issued to the original payment method used during the purchase. You shall send back the goods to us or courier the goods via a courier that we will send to your home without undue delay and in any event not later than 5 days from the Order delivery date. The deadline is met if you send back the goods before the period of 5 days has expired. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. 17.2 Common provisions You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following Products: i. Customised items ii. Music CDs/DVDs without their original wrapping. iii. Sealed goods which are not suitable for return due to hygiene reasons and where unsealed after delivery. iv. damaged goods v. goods which have been used prior to withdrawal from contract vi. Accessories. Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products. (ii) Returns by Courier: When returning the product(s) by Courier arranged by us, you should contact us through our web form or by telephone at +917842371827 to arrange for the product to be collected at your home. You should send the product in its original packaging and follow the directions on the "RETURNS" section of this website. 17.3 Returns of defective products If you think that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our contact form, providing the product details and the damage sustained; you can also call us on +917842371827. We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be exchanged or whether you have a right for a refund (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead. If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase. All rights recognised in current legislation shall be, in any case, safeguarded. 18. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases: i. in case of death or personal harm caused by our negligence; ii. in case of fraud or fraudulent deceit; or iii. in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin: i. loss of income or sales; ii. operating loss; iii. loss of profits or contracts; iv. loss of forecast savings; v. loss of data; and vi. loss of business or management time. Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately. 19. INTELLECTUAL PROPERTY You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licencers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. 20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you. 21. LINKS FROM OUR WEBSITE If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use. 22. WRITTEN COMMUNICATION The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights. 23. NOTIFICATIONS The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 22 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order. It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email. As proof that the notification has been sent it shall be sufficient to prove, in the case of an email, that the notification was sent to the email address specified by the recipient. 25. TRANSFER OF RIGHTS AND OBLIGATIONS The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance. We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you. 25. EVENTS BEYOND OUR CONTROL We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: i. Strike, lockout or other forms of protest. ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. iv. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private. v. Inability to use public or private telecommunication systems. vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority. vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport. It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure. 26. WAIVING RIGHTS The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above. 27. PARTIAL ANNULMENT Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment. 28. ENTIRE CONTRACT These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration 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, except those expressly mentioned in these Conditions. Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions. 29. OUR RIGHT TO MODIFY THESE CONDITIONS We have the right to review and modify these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you. 30. APPLICABLE LEGISLATION AND JURISDICTION The use of our website and the product purchase contracts through said website shall be governed by the laws of India. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Indian courts in Vijayawada, Andhra Pradesh. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area. 32. COMMENTS AND SUGGESTIONS Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form. TERMS AND CONDITIONS OF USE OF ‘Kids Central’ APP FEATURES These Terms and Conditions of Use (the "Terms") specifically govern the access to and use of the services and various features available on Kids Central’s App (as defined below). These Terms are in addition and without prejudice to the Purchase Conditions of www.kidscentral.in. Features available on the App include: (i) the option to purchase goods via Kids Central’s App, this being deemed to be a purchase made on the Online Store, and therefore subject to the Purchase Conditions of www.kidscentral.in; (ii) the option to manage receipts for purchases made on Kids Central’s online store. The online stores are operated in India by the company Kids Central, having its registered office at 40-1-181, M G Road, Labbipet, Vijayawada, India. 1. GENERAL DESCRIPTION OF THE SERVICE 1.1 Purchase of goods on www.kidscentral.in via Kids Central’s APP Customers can purchase goods on www.kidscentral.in via Kids Central’s App. Therefore, purchases made using the App are deemed to be purchases made on the Online Store and as such, are subject to the Purchase Conditions of www.kidscentral.in, which you need to accept upon purchasing any good. 1.2 Management of receipts for purchases made on the Online Store The receipts for purchases made on the Kids Central Online Store will be stored on the App, specifically in the ‘My Purchases’ section. 2. AVAILABILITY OF SERVICES OFFERED VIA THE APP In accordance with applicable laws, we reserve the right to amend, suspend or delete, at any time, at our sole discretion and without prior notice, be it generally or in particular for one or more users, any or all of Kids Central’s App features, and to modify, suspend or delete, under the same terms, the availability of all or part of the Service. 3. LIABILITY Except in those cases where the exclusion of liability is legally limited, we are not liable for any damage that you may suffer from using Kids Central’s App in its different features. You agree to use Kids Central’s App exclusively for the purposes for which it is intended and therefore, to not make any improper or fraudulent use thereof, and you will be liable to the Company and/or any third party for any damage which may arise from an improper use of Kids Central’s App. You will be liable in the following cases: a) when, where applicable, your equipment or terminals associated with the App, SIM cards, email addresses and/or any Passwords are used by a third party authorised by you without our knowledge; b) when errors or malfunction occur when you are using the App’s different features as a result of defective hardware, software, devices or terminals or of a lack of the necessary security measures installed on the device on which you are using the App. 4. INTELLECTUAL PROPERTY, INDUSTRIAL PROPERTY AND OTHER RIGHTS ASSOCIATED WITH THE APP. Any of the elements that form part or are included in the App are the property or are under the control of the Company or third parties having authorised their use. All of the above shall be hereinafter referred to as the “Property”. Users agree not to remove, delete, alter, manipulate or in any other way amend: - The notes, legends, signs or symbols that either the Company or the legal right holders incorporate into their property with regard to intellectual or industrial property (e.g. copyright, ©, ® and ™, etc.,). - Protection or identification technical devises that the Property may contain (e.g. watermarks, fingerprints, etc.,). Users acknowledge that under these Terms, the Company does not assign or transfer any rights over their Property or over any third-party properties. The Company only authorises users to access and use the Properties in accordance with these Terms. Users are not authorised to copy, distribute (including by email or on the Internet), transmit, communicate, amend, alter, transform, assign, or in any other way engage in activities that entail the commercial use of the Property, whether in whole or in part, without the express written consent of the legal holder of the exploitation rights. Access to and use of the Property will always and in all cases be for strictly personal and non-commercial purposes. The Company reserves all rights over the Property that it owns including, but not limited to, all intellectual and industrial property rights that it holds over the Property. The Company does not grant users any licences or authorisations to use the Property it owns other than those expressly set forth in this clause. The Company reserves the right to terminate or amend at any time and on any grounds any licences granted under these Terms. Notwithstanding the foregoing, the Company may take legal action against any other use by users which: - does not comply with the terms and conditions herein laid down; - infringes or breaches the intellectual and industrial property rights or other equivalent rights of the Company or of any other third-party legal right holder, or violates any other applicable laws.