These terms of offer for sale (“Terms of Offer For Sale”) between Aurus Network Infotech Private Limited (hereinafter referred to as “SuperProfs”) 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.superprofs.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.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.1 The Website is a platform that facilitates the online sale and purchase of Products and services (“Services”) offered by SuperProfs 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.
1.2 You acknowledge that SuperProfs has the right to change or discontinue any Service at any time, without notice. You further acknowledge that SuperProfs may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that SuperProfs may make to the or Services. You agree that SuperProfs shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.1 SuperProfs, through the Website also makes available 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.
2.2 SuperProfs (through Sellers) offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by SuperProfs without any notice to You. Octroi charges, wherever applicable, is to be borne by the User.
2.3 All the Products are governed by the terms of warranties provided by the respective Provider. However, in case any product is covered under seller warranty, it shall be specifically mentioned in the product details.
2.4 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.
3.1 You should take all responsibility for your own actions in utilizing the services purchased by You and SuperProfs shall not be liable for any such action.
3.2 You represents that You are of legal age to form a binding contract with SuperProfs and are not a person barred from receiving services under the laws as applicable in India.
4.1 SuperProfs strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, SuperProfs 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.
4.2 While SuperProfs strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that 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, SuperProfs may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. SuperProfs will have the right to modify the price of the product or service and contact You for further instructions via the e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If SuperProfs cancels the order after the payment has been processed, the said amount will be returned to Your account from which the payment was originally made.
5.1 In the event Your order is not serviceable by our delivery partners or the Provider 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/Provider’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by SuperProfs, in such cases, SuperProfs will not be responsible for the non-delivery of the product. SuperProfs 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 Products and Services in one transaction/ order, SuperProfs would endeavor 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.
5.2 Services capable of being delivered online will be delivered online by SuperProfs or by any of its Providers whose services have been purchased on the website.
6.1 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:
Email us at – email@example.com
6.2 SuperProfs does not offer any refunds against any services purchased from the Website unless an error has occurred during the purchase or redemption of such services which is directly attributable to SuperProfs or if the product delivered is Damaged/ Non-working/ Wrong Product, and is irreplaceable or irreparable within a reasonable time.
6.3 Replacements are available for the Users who receive a Damaged, Non-working or Wrong Product from the Seller. You can raise a replacement request with SuperProfs Support Team (firstname.lastname@example.org), within 3 days of delivery, at no extra cost. The 3 Days Replacement policy is applicable to only CD/DVDs/Pen Drives/Study Materials/SD Cards/Tablets sold on SuperProfs.com
6.4 In case of Online Products, a user can claim for replacement only in the case where a Wrong/Non-functional product is being delivered to the user or the user has not received the appropriate details within 48 hours of the purchase. Such a request also must be raised within 3 days of the order date.
6.5 Once the claim is approved by Seller/ SuperProfs Support Team, as the case may be, all the Tangible Products should be returned in the original condition you had received them to the address given by SuperProfs Support Team. After shipping the product User has to furnish the tracking code to the SuperProfs Support Team within 48 hours of the dispatch. The cost of reverse shipment will be reimbursed to the User in SuperProfs Wallet, within 72 hours of the delivery of replaced tangible product. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage to products during transit.
In the event of frivolous and baseless complaints regarding the quality and content of the products, SuperProfs reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by SuperProfs 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 SuperProfs shall not in any manner be held liable for the same.
6.6 Please understand that we cannot accept returns in certain instances:
– Damages due to misuse of Tangible Products
– Incidental damage due to malfunctioning of Tangible Products
– Any Tangible Product that is returned without all original packaging and accessories, including the box.
– Any other instance specifically mentioned on the
6.7 Replacement can be for the entire product or part(s) of the product subject to availability of the same at Seller’s end. In case of non-availability of the product,
Users can claim replacements for Software failures as well. However, User has to first report an issue via email (email@example.com). If the issue cannot be corrected remotely then the replacement request can be accepted.
6.8 All the claims for replacement of Damaged Product/s, made by the Customer/s on SuperProfs will be notified to sellers by the SuperProfs seller support team. The Seller will then check the legitimacy of the claim and approve/ reject the claim and decide the subsequent course of action (refund/ replacement) depending upon the availability of the product. If the Seller fails to take any action within 2 days from the date the claim is raised, then the matter would get escalated to SuperProfs Support Team. SuperProfs would then hold all the rights whether to refund the order in all the above cases/claims or replace the products with the new/fresh/genuine products.
6.9 It is Seller’s responsibility to ship the fresh/new/genuine product to the Customer after receiving the replacement request from SuperProfs seller support team.
6.10 Any physical damage to the Tangible Product by the User while using it or due to mishandling of the product will not be covered for replacements or returns under this policy.
6.11 Cancellation by the User: All the cancellation request by the Customer/s should be made within 24 hours of the purchase or before the Tangible Product has been shipped or order has been processed. SuperProfs has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by SuperProfs and accept SuperProfs decision regarding the cancellation.
In the case of cancellation, the entire amount will be refunded to the Customer.
Order cancellation is not allowed in cases, where the shipping or the delivery of the product to the Customer has already been initiated by the Seller.
6.12 Cancellation by SuperProfs: There may be certain orders that SuperProfs is unable to accept and must cancel. SuperProfs reserves the right, at SuperProfs sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being canceled include, without limitation, non-availability of the product or quantities ordered by You, non-availability of the service, inaccuracies or errors in pricing information, or problems identified by SuperProfs credit and fraud avoidance department. SuperProfs may also require additional verifications or information before accepting any order. SuperProfs will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order.
SuperProfs reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by SuperProfs as per certain criteria. Any SuperProfs cash or Promo Code or Discount Coupon Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets the below-mentioned criteria, which may not be exhaustive, viz: a. Products ordered are not for self-consumption but for commercial resale
Unless due to Your negligence, in the event the Provider fails to complete a sale of a product or a service when presented by You, You acknowledge that the Provider will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that SuperProfs will not be held liable for the failure of the Provider to make available any product or service therein.
8.1 SUPERPROFS 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. SUPERPROFS 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 SUCH THIRD PARTIES ARE YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO PROVIDER’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND SUPERPROFS DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. SUPERPROFS ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
8.2 SUPERPROFS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE PROVIDER AND SUPERPROFS SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE PROVIDER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
9.1 You agree to indemnify, defend and hold harmless SuperProfs 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 SuperProfs that arise out of, result from, or may be 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.
9.2 In no event shall SuperProfs, 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 SuperProfs 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, SuperProfs 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.
9.3 SuperProfs 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 Provider.
10.1 These Terms of Offer For Sale and the relationship between You and SuperProfs shall be governed in accordance with the laws of India without reference to conflict of laws principles.
10.2 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 SuperProfs 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.