Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“MetalGrad” refers to our company, known as “Metal Grad Pvt Ltd”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site as well as the products that we sell where the context of the word allows for it, and includes our Site itself;
“Site” refers to our website, www.metagrad.com
“User” refers to anyone who uses our Service, including but not limited to general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with MetalGrad Pvt Ltd .
MetalGrad Pvt Ltd offers retail and wholesale online sales of lamp and lighting fixtures and parts.
In order to use our Service, you must meet a number of conditions, including but not limited to:
• You must not be in violation of any embargoes, export controls, or other laws of India or other countries having jurisdiction over this Agreement, MetalGrad Pvt Ltd , and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
• You must not use our Service on behalf of a natural person other than yourself.
• You must, if using our Service on behalf of a person other than yourself (other than a natural person), agree that you have the lawful authority to bind that person to this Agreement and are hereby binding both you and that person to this Agreement, and that you and such person shall be jointly and severally liable for the performance of any duties imposed upon you by this Agreement or for any breaches of this Agreement.
• You must provide us with personal information, payment information, business information, shipping information, and other information that we deem necessary to provide you with our Service.
Notwithstanding any other communications to you, MetalGrad Pvt Ltd makes no representations or warranties to you about the suitability of our products for any particular purpose. You agree that you are solely responsible for determining the suitability of any of our products for your uses and that you release MetalGrad Pvt Ltd from all liability relating to the use of such products and our Service in general. You are advised that our products be installed by a Qualified and Knowledgeable person and in Accordance with All Local and National Electrical Codes.
You must not:
• Violate the laws of Union of India, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Commit fraud or negligence, impersonate anyone, or otherwise violate the rights of a third party.
• Use products supplied by us where prohibited by law from doing so, even if our shipment to you and their possession by you is legal.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the MetalGrad Pvt Ltd Site, Service, or its Users’ computers.
• Do anything else which could bring MetalGrad Pvt Ltd into disrepute or violate the rights of any person.
Payment and Refunds Generally
Payment can be made by means of credit card through third party payment gateways, such as”PAYPAL”. Unless otherwise stated, all prices are listed in Indian Rupee. The most current prices and other additional terms of payment and refunds may be published on our Site or communicated to you directly and are hereby incorporated into this Agreement as of the time that they are published or communicated to you.
The following items may not be returned to us:
• Cut lengths of wire or tubing
Specific Refund Situations
In the event of a refund where you have made an error or wish to return an unused item:
If you have made an error or want to return an unused item:
Merchandise may only be returned by contacting our customer service department.Please contact us expressing your intent to return items within five business days of receipt of your merchandise. We must physically receive your returned item(s) within thirty business days of your receipt of them in order for us to know that the items are being returned in a timely fashion so that we do not reorder these items from our vendors which will result in an undesirable surplus of stock for MetalGrad Pvt Ltd .
Because MetalGrad Pvt Ltd must use employee resources to process refunds, certain Department of Transport regulations may prevent us from reusing the packaging used to ship your returned products, credit card transaction fees are incurred, and other expenses are incurred, MetalGrad Pvt Ltd cannot offer returns free of charge and all returns conducted under the above circumstances will incur the processing fee or 20% restocking fee.
We do not refund any shipping or handling fees on returning merchandise. If an item arrives damaged:
Do not refuse the package. Contact us immediately by calling ________. An invoice is on the outside of the box or has been emailed to you—please have this invoice available when you call us.
You agree to hold us harmless for loss or damage of the goods caused by the freight company or companies which transported such goods. We will, however, be happy to assist you with your claim process.
You must contact us within five business days of receipt of the items to make a claim with the shipping company. Packages are insured during transit. Products are not insured against damage at your home, shop, or on a job site. If you call after five days of receiving the goods and say you never opened the box and checked the items, we will nonetheless refuse the claim. The shipping company has no way of knowing how that box was handled after you received it and cannot make such a determination. You agree to open the box and check your goods within the required timeframe and that you waive your right to a refund for damage, missing items, or other losses if you do not do so.
Please save the box and internal packaging for ten days. The shipping company will occasionally ask for the broken item and packaging for inspection.
We normally ship orders within one to ten business days of receiving your order and payment. During holiday seasons, the time it takes to ship orders will increase based on our business hours. Large items may incur extra packing fees or oversized item shipping charges. Your order will be packed by an experienced person and we will make every effort to see that you receive it in good condition, but you agree to release us from liability for damage which occurs after a carrier has received it from us. In the event that a carrier does damage your merchandise please contact us immediately and we will assist you in handling your claim. Please save the box and packaging material for inspection by the carrier. Special provisions for international shipments: If you receive an article that was sent from abroad that is damaged and or has some contents missing, you must contact us via email or telephonically.
Where a User conducts a chargeback against MetalGrad Pvt Ltd , such User shall be liable to MetalGrad Pvt Ltd for the full amount of the chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by MetalGrad Pvt Ltd in its enforcement of its rights under this section.
1. Our Copyright MetalGrad Pvt Ltd copyright is important to us because it distinguishes us from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
1. Trademarks MetalGrad is an unregistered trademark used by us, MetalGrad pvt ltd, LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business. 2. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
3. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A THIRD PARTY, INCLUDING AUTHORIZE.NET, SAGE PAYMENT, INTUIT, SOLUTIONS, PAYPAL OR YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
5. Choice of Law
This Agreement shall be governed by the laws in force in the Union of India. The offer and acceptance of this contract are deemed to have occurred in India.
6. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Union of India. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction.
You agree that if a dispute is eligible to be heard in lower Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the lower Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
7. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MetalGrad Pvt Ltd shall have the sole right to elect which provision remains in force.
MetalGrad Pvt Ltd reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
1. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
1. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this Agreement each time you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
For information about how to contact us, please visit our contact page.