Terms of Sale

  • These terms of offer for sale ("Terms of Offer For Sale") between Talentick EduSolutions Private Limited d/b/a genius factory (hereinafter referred to as " Talentick" or "genius factory") and the users of the Website ("You" or "Your" or "Yourself" or "User") describe, inter alia, the terms of offer for sale, purchase of goods and services for consideration in the form of cash/cash equivalents or otherwise on the Website, www.wearegeniusfactory.com ("Website"). PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, TERMS OF OFFER FOR SALE ISSUED BY THE PROVIDER OR ADDITIONAL TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS") AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS OF OFFER FOR SALE AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE. IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE. Business The Website is a platform that facilitates the online sale and purchase of Products and services ("Services") offered by genius factory various affiliates/ registered merchants/ vendors/ service providers ("Providers"). Providers are the sellers of products and services on the Website and will be solely responsible to You for the products or services sold You acknowledge that genius factory has the right to change or discontinue any Service at any time, without notice. You further acknowledge that the genius factory may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that genius factory may make to the Services. You agree that genius factory shall not be liable to You or any third party for any modification, suspension or discontinuance of any aspect of the Services. Product Genius Factory, through the Website also makes available of a variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms if any, as specified by the Providers. Genius Factory offers SHIPPING for all the products on the Website as per the company's policy, which may be changed by genius factory without any notice to You. Octroi charges, wherever applicable, is to be borne by the User. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details. The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws. Services You should take all responsibility for your actions in utilizing the services purchased by You and genius factory shall not be liable for any such action. You represent that You are of legal age to form a binding contract with the genius factory and are not a person barred from receiving services under the laws as applicable in India. You confirm that genius factory shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website. Genius Factory does not offer any refunds against any services already purchased from the Website unless an error has occurred during the purchase or redemption of such services which is directly attributable to the genius factory. Pricing Information Genius Factory strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, the genius factory does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You. While genius factory strives to provide accurate products, services and pricing information, typographical and other errors may occur. If a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, genius factory may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Genius Factory will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If genius factory cancels the order after the payment has been processed, the said amount will be remitted to Your payment method from which the payment was made. Credit Card Details In certain cases, specifically with regard to particular products/services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Genius Factory expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card. Delivery of the Product and services In the event case, Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by genius factory, in such cases genius factory will not be responsible for the non-delivery of the product. genius factory doesn't deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India. In case You book multiple order for the Products and Services in one transaction, the genius factory would endeavour to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in a single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses. Services capable of being delivered online will be delivered online by genius factory or by any of its Providers whose services have been purchased on the website. Day Replacement Program In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below-mentioned channels: Call Center at +91 8830880396; Email us at – support@geniusfactory.com Upon receiving Your complaint, genius factory shall verify the authenticity and the nature of the complaint and if genius factory is convinced that the complaint is genuine, genius factory will inform the relevant Provider of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, genius factory reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by genius factory in this regard. You expressly acknowledge that the Provider selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and genius factory shall not in any manner be held liable for the same. Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered, we request You to refuse to accept delivery and inform genius factory at the earliest. The return process of the product may be restricted by the genius factory depending on the nature and category of the product. In order to replace any products sold through the Website, You are required to comply with the below-mentioned conditions, viz: Please notify genius factory of receipt of a damaged/ defective product/service within 7 Days of delivery to You. If You are unable to do so within 7 Days, genius factory shall not be held liable for the failure to replace the order; Products/Services should be unused; You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges may be reimbursed in such form as is determined by the logistics team upon prior consultation with the genius factory; Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.; It is advised that the return packets should be strongly and adequately packaged so that there is no further damage to products during transit; The returned products are subject to verification and checks by genius factory in order to determine the legitimacy of the complaint/ return. The newly chosen product should be listed on for sale on genius factory and should be of the same or higher value than the old product and the delivery of the newly chosen product will be delivered to your given address. For more details please read 7 Day Replacement Guarantee program. Cancellation All orders made on www.weregenius factory.com by default are non-cancellable and any request for cancellation/refund of order/s after successful transaction is not allowed. genius factory will not be able to cancel orders that have already been processed. genius factory has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by the genius factory and accept genius factory decision regarding the cancellation. genius factory reserves the right to accept or reject requests for order cancellations for any reason whatsoever. Orders/Purchases made via Cardless EMI option on genius factory will be non-cancellable and under any circumstances, the cancellation request made by You will not be accepted by the genius factory. Purchases made using Cardless EMI option, however, will be covered under 7 Days Replacement Guarantee program. Disclaimer GENIUS FACTORY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. GENIUS FACTORY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE PROVIDER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND GENIUS FACTORY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. GENIUS FACTORY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU. GENIUS FACTORY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND GENIUS FACTORY SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER. Indemnification and Limitation of Liability You agree to indemnify, defend and hold harmless genius factory from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by genius factory that arise out of, result from, or maybe payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website. In no event shall genius factory, its officers, directors, employees, partners or vendors be liable to You, the Provider or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not genius factory has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, genius factory entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises. genius factory shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User. Governing Law These Terms of Offer For Sale and the relationship between You and genius factory shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and genius factory shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts. ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU. Copyright © Talentick EduSolutions Private Limited All rights reserved. Paypal Offer Pay with PayPal and get 50% cashback up to Rs. 500 on your eligible purchases. You will need to transact for a minimum value of Rs. 100 to be eligible for the offer. Offer is valid only for first-time users/ first-ever PayPal transaction in lifetime and can be availed once per PayPal user. Offer is valid for transactions through your PayPal India account. Cashback will be credited in the user’s PayPal account, 6 days after successful transaction with PayPal. The cashback will be in the form a discount. Please see the Terms and Conditions below for details. HOW TO AVAIL THE OFFER Select PayPal at checkout. Pay with (Visa/Mastercard/American Express/Discover) Debit/Credit card at checkout. You will need to transact for a minimum value of Rs 100 to be eligible for the offer. Create a password of your own choice and continue with payment. Cashback will be credited in the user’s PayPal account, within 5 days after the successful transaction with PayPal. You will receive an email notifying you about the cashback in your PayPal account. Cashback can be used as a discount at any Indian merchant accepting PayPal within 60 days from the award date (date of email receipt). The eligible cashback amount will be automatically applied as a discount when you use PayPal to make your next purchase at any Indian merchant accepting PayPal. Cashback is not eligible for redemption on (1) send/receive money transactions (including those marked as a “Goods and Services” payments), (2) charitable donations, (3) purchases made using PayPal.me and Invoicing. TERMS AND CONDITIONS Offer can be availed only once per PayPal user. You agree to receive the cashback award email from PayPal. Under no circumstances will you be entitled to withdraw the eligible cashback amount into your bank account or ask for a cash withdrawal. The cashback amount will be applied as a discount on your next eligible purchase. The amount cannot be credited into any pre-paid instrument issued under applicable RBI laws. The offer can be redeemed during a PayPal transaction where there is an integration between the merchant’s checkout flow and PayPal platform. The offer will be applicable only for domestic transactions. The offer cannot be transferred or combined with any other PayPal (a) offer; (b) promotion code; (c) coupon; or (d) discount or any offers from your card issuing bank. PayPal reserves the right to employ reasonable technological and other methods to prevent abuse of the Offer terms. Further, you acknowledge that PayPal’s decision to take certain actions, including limiting access to your offer, placing holds or imposing reserves, may be based on confidential criteria that is essential to our management of risk, the security of users’ accounts, comply with applicable laws and the otherwise protect the PayPal system. You agree that PayPal is under no obligation to disclose the details of its risk management or its security procedures to You. Transactions processed through Virtual Cards will not be eligible for this cashback. If your order is cancelled by the payer / refunded by the merchant, PayPal cashback that has been awarded to your PayPal account will be withdrawn. In case of cancellations/ refunds where awarded cashback is used, 100% cashback will be refunded if the offer period is still valid. For partial cancellations, refund will be processed as per PayPal policies. In cases of fraudulent/suspicious transactions, PayPal solely reserves the right to revoke the cashback offer / not award the cashback at all. In addition to the above, this offer is also subject to merchant’s general Terms of Use. Indian laws govern these Terms and Conditions. All disputes shall be subject to the Dispute Resolution clause of the User Agreement between PayPal and You. You agree to submit to the exclusive jurisdiction of Mumbai courts to litigate all such claims or disputes. This Agreement shall be governed in all respects by the laws of India. FREQUENTLY ASKED QUESTIONS When will I receive the cashback? I have not received my cashback yet. When you choose to shop with PayPal, we have your back every step of the way. Your cashback is instantly available to be used into your PayPal account. Just in case, if you have still not received it, a) You can always look out for cashback under the ‘Offers’ tab on the PayPal App b) You can always look out for cashback under the ‘Payment Methods’ section on the website In certain cases, there might be some delay in crediting the offer discount on account of technical difficulties. Is the Offer valid for international purchases? Currently, this offer is valid only for Indian merchants. However, we will keep you in the loop regarding offers for international merchants. Till when can I redeem my PayPal incentives? My saved offers do not apply automatically Cashback incentives can only be redeemed within 60 days of the date of award. Also, don’t forget to check the expiry date of the cashback in the award email. Is it possible to transfer the offer to another user? No. The offer is exclusively for you. Can the offer be used by users with PayPal accounts from other countries? No, this offer does not apply to users with PayPal accounts in other countries How do you apply the PayPal cashback to your purchase? PayPal cashback is automatically applied as a discount, with the purchase without you having to manually apply it. There is no cash-out and payment will not credit your funding instrument. 7. What happens if the purchase value is less than the PayPal cashback in the account? We only deduct the purchase value from the cashback amount. You can use the remaining cashback for your future eligible purchases. 8. Can the PayPal cashback be returned if the underlying booking (booking on which cashback is redeemed) is cancelled? Certainly! PayPal cashback can be returned under the following situations. Do give these a careful read. I. Case 1: If a user pays INR 100, INR 20 through PayPal cashback and INR 80 through Funding instrument (FI). and the ENTIRE purchase is cancelled: • User gets INR 80 in the FI and INR 20 as PayPal cashback (if the offer is still valid) II. Case 2: If a user pays INR 100, INR 20 through PayPal cashback and INR 80 FI and the PARTIAL purchase (INR 50) is cancelled: • First preference given to credit back to FI. In this case, INR 50 credited to FI and no credit of PayPal cashback III. Case 3: If a user pays INR 100, INR 20 through PayPal cashback and INR 80 through FI and a PARTIAL refund (INR 90) is issued: • First preference given to credit back to FI followed by PayPal cashback. In this case, INR 80 credited to FI and INR 10 as credit to PayPal cashback as long as the offer is still valid. I have PayPal cashback visible in my account. This is not automatically applied at the merchant checkout through PayPal? If that is the case for you, visit the Offer Page on the PayPal App, and click on ‘See Details’. Enable ‘Use at next purchase’ if it is disabled, and you are good to go! genius factory Cashback Offer Get up to 700 cash back on purchases made on wearegeniusfactory.com This offer is valid for new users only. Offer is valid only when user completes successful payment online using Paypal. This offer is valid only on purchases made for Video Lectures. This offer can only be availed once per user and is valid only for New (Paypal & genius factory) users. Cashback will be credited within 15 days once a successful transaction is done using Paypal. This offer cannot be clubbed with any other existing/special benefits provided by the genius factory to students. This offer is valid up to 30th March 2020. Copyright © Talentick EduSolutions Private Limited All rights reserved.