This website is published and maintained by HitPlay Devices Pvt. Ltd (“HitPlay”), a company incorporated and existing in accordance with the laws of India. When you access, browse or use this Site, without any limitation or qualification, you accept the terms and conditions set forth below.
When you access any sub-site (whether belonging to HitPlay or otherwise) through this site, then such sub-site may have its own terms and conditions which is specific to such sub-site. Sub-sites may contain additional terms and conditions as may be set out in such sub-site.
These Terms and Conditions and any additional terms posted on this Site together constitute the entire agreement between HitPlay and you with respect to your use of this Site.
Site and Its Contents
This Site is for your personal use only. Distribution, exchange, modification, sale and/or transmission of any content, including but not limited to text, images, audio and video, for any business, commercial or public purpose is strictly prohibited
HitPlay grants you a non-exclusive, non-transferable, limited right to enter, view and use this site as long as you comply with the terms of these Terms and Conditions.
You shall agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Access to certain areas of this Site may be available to registered members only. You may be required to provide mandatory and/or optional details to register as a member on this Site. You shall warrant that all information you provide us, about yourself, and others is true and accurate.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
A number of proprietary logos, service marks and trademarks are found on this Site. Whether owned/used by HitPlay or otherwise, you are not authorized to use these logos, service marks or trademarks. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Downloading or copying Content from this Site or its sub-sites for your personal use at home may be allowed, unless if mentioned as per the sub-sites Terms and Conditions of Use. However, you shall cite, acknowledge or mention any copyright, trademark or other notices that go with it in compliance to preventing plagiarism.
HitPlay Rights
HitPlay may add to, change or remove any part of these Terms and Conditions at any time, without notice. Any changes to these Terms and Conditions or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
HitPlay has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should check the dimensions stated on the Site or contact us for exact sizes.
HitPlay may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by HitPlay, as non–confidential.
Warranty information on the products can be found here. HitPlay shall have no liability to the Customer or any other person or entity with respect to any liability, loss or damage caused directly or indirectly by use of performance of the product or arising out of any breach of the mentioned warranties.
You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way HitPlay uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by HitPlay anywhere in the world, in any medium, forever.
The copyright in the contents of this website belong to HitPlay. Accordingly HitPlay reserves all rights. Copying of part or all the contents of this website without permission of HitPlay is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the paid services provided.
Others’ rights
If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Site or any facility available herefrom, you shall not do any of the following:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
•Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law;
• Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
• Falsify the origin or source of software or other material contained in a file that is uploaded;
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
HitPlay assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. HitPlay may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates HitPlay’s policies in any way.
HitPlay will fully cooperate with any law enforcement authorities or court order requesting or directing HitPlay to disclose the identity of anyone posting such materials.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to HitPlay does not cause HitPlay to have any special responsibility to you.
HitPlay reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of HitPlay’s systems as well as its client’s interests are and remain, well–protected.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Price
The price for each Product is shown on this Site and includes V.A.T. and C.S.T. as per the provisions of the Maharashtra Value Added Tax Act, 2002 and Central Sales Tax Act, 1956, respectively.
Prices on this Site are quoted in Indian Rupees. Outside of India, your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that HitPlay cannot be held responsible for any loss due to exchange rate fluctuations or additional charges or fees charged by your bank.
We always try to make sure that the prices on this Site are accurate but errors may occur. If we discover an error in pricing of the Products in your Order we will inform you as soon as possible using the contact details you provide us. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the Products will be refunded in full.
International customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise you what these costs will be - please consult your local customs office for more information.
Payment
Credit Card or Debit Card
• Orders maybe processed online, using a credit or debit card (currently VISA or MasterCard). We aim to debit money from your account within one working day after receiving your Order;
• By making a credit or debit card payment you undertake that the card you are using is your own and that there are sufficient funds to cover the costs of your Order;
o If your delivery address is outside India you must pay by credit card;
• To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet;
• Your credit card company may also carry out additional security checks to confirm it is you making the Order. In the event your card is declined please contact your card issuer to authorise the transaction;
• All Order details and invoices will be sent to the credit card billing address and not the delivery address where the named recipient of the Order differs.
Bank Transfers
• Bank Transfers must be made by using your banks online banking or payment facility system provided to you by your bank;
• Please transfer payments within 24 hours of placing your Order on the Site to:-
HDFC Bank (Branch - Santacruz (W), Mumbai – 400 054),
Account Name: “HitPlay Devices Pvt. Ltd.”,
Account No.: 00792000020237,
MICR: 400240017,
RTGS/NEFT/IFSC: HDFC0000079.
• Though usually immediate, in some cases Bank Transfers may take up to 2 days to reflect in our account;
• On completing your Order and making your Payment, please contact us using your Order and Payment details to confirm the Order;
• Your Order will be confirmed subject to your full Payment amount reflecting in our bank;
• If your payment is not received by our bank within 7 days, your Order will be automatically cancelled. Payments received after this period will be subject to Product availability. If your Order is fully available in stock, it will be sent to you. If Order is partially or not available, you may opt to be fully refunded.
Cheque, Money Order or Demand Draft
• In India, you may pay by Cheque, Money Order or Demand Draft if you wish within 24 hours of placing your Order;
• By making a cheque payment you undertake that the account you are using is your own and that there are sufficient funds to cover the costs of your Order;
• Please make payments in favor of “HitPlay Devices Pvt. Ltd.”. Please also send us a covering letter detailing your Order, contact details and delivery address;
• Once your Order is placed and Payment is confirmed, please contact us immediately and provide your payment details including the following:-
Your Name,
Order Number,
Name of Your Bank,
Cheque/Money Order/DD Number,
Date,
Amount.
• Please pay all postal/courier charges as required;
• Please allow 1-5 working days to process your payment;
• Due to any reason whatsoever your Cheque, Money Order or Demand Draft is not accepted by our bank, you must bear the bank charges as and if charged to use by our bank;
• If your payment is not received by us within 10 days, your Order will be automatically cancelled. Payments received after this period will be subject to Product availability. If your Order is fully available in stock, it will be sent to you. If Order is partially or not available, you may opt to be fully refunded.
HitPlay Gift Vouchers
• Gift vouchers must be redeemed at the Site within 1 year of purchase or the time mentioned therein and cannot be used for Orders already placed;
• If the value of the Order exceeds the value of the HitPlay gift voucher, the balance must be paid by credit or debit card;
• Unused balances will be held within the recipients voucher for the same period;
• Vouchers have a cash redemption value of Rs. 1.00/-;
• If you have received a promotional gift voucher from HitPlay, only one such Gift Voucher may be redeemed per purchase;
• If any Specific Terms and Conditions apply to the sale and use of HitPlay Gift Vouchers, these will be mentioned on the Voucher.
Arrangement
These Terms and Conditions regulate the Agreement between “You” the Customer and HitPlay.
• All Goods and Services (“Products”) which appear on the Site are advertised as invitations to treat and may or may not be offered for sale;
• HitPlay is an authorized dealer for every Product sold on this Site. We fully honour every manufacturer’s warranty and intellectual property rights;
• HitPlay tries to ensure that all Product information provided on this Site is accurate. In some events errors may occur, however. In such cases, please contact us and we will check to resolve such errors. Errors are deemed as such at sole discretion of HitPlay;
• By placing an “Order” on the Site you are offering to purchase the Product(s) within that Order, which HitPlay may or may not accept at its sole discretion;
• A s an Order is accepted, you will receive an automated confirmation email from HitPlay to confirm that we have received the Order;
• This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Product is not available we will also let you know by email.
• You undertake that all details you provide for the purpose of ordering or purchasing Product(s) are correct;
• To ensure that your credit, debit or any mode of payment is not being used without your consent, we will validate name, address and other personal information, supplied by you during or after the order process against any third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998;
• If for any reason your credit card details are incorrect or there is not enough money in your account or for any other reason the order cannot be processed, HitPlay reserves the right to void and cancel the order;
• HitPlay may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an Order is cancelled, any payment made for the Products will be refunded in full.
• All new Orders are deemed separate and each is treated individually.
• A number of Products represented on the Site are Made-to-Order. In this instance, full payment for the goods will be taken in advance as the Products are bespoke in nature. Please note that Made-to-Order and personalized Products cannot be returned unless in the event of a fault of HitPlay;
• If there are any changes to the details supplied by you, it is your responsibility to inform HitPlay as soon as possible;
• HitPlay reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice;
• Your statutory rights are not affected by these Terms and Conditions of use.
Availability
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local HitPlay authorized representative for the availability of specific products and services in your area.
Delivery
You will be notified of the delivery costs automatically before you submit your credit card details. For more information about our delivery options and charges for despatches please click here
If your Order is made online but you do not pay by credit card or HitPlay Gift Voucher, or if you Order in any other way, please include your delivery, shipping, gift wrapping or any other charges as mentioned and inform, us via email to: connect@hitplay.in citing your Order number, accordingly.
Delivery outside India is subject to local import taxes and duties, which are your responsibility where they apply. If so, the shipping company should advise you the charges due or else you should consult your local customs office. Unfortunately we cannot advise you what these charges will be and HitPlay is not responsible for them.
If these local import/custom charges are refused or not paid by the customer, then the item could be returned to HitPlay or possibly destroyed if too expensive to return. Please note: If this happens, we may not be able to refund you for your Order. We would not be able to refund any original postage costs paid and can only refund for the returned product/s minus any costs incurred in returning them to HitPlay.
Orders are despatched by courier. Our couriers require a signature and operate between 10:00 am and 6:00pm on weekdays, so please specify an address where someone will be able to sign for your Order between these hours.
We will make every effort to deliver within the time stated on the Site but we will not be liable for any loss caused to you by late delivery.
If the Products are not delivered within the estimated delivery time which we quote, please contact us and we will try and ensure that you receive your Order, as quickly as possible, or if you wish you may cancel your Order and we will refund the money you have paid. Please note that while items sent by courier usually arrive within 1-7 days, courier companies stipulate that only items still not delivered after 21 working days can be officially classified as lost.
Please Order from HitPlay with enough time to prevent any loss or disappointment resulting from the delivery time as HitPlay cannot be responsible for this.
Returns
We ensure high quality products and are fanatic about ensuring the best service. We also believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible.
We will try to attend to all returns as soon as practically possible.
Please note that Product returns are not accepted in person at our office address.
Unwanted Products
Our policy is to ensure that you are satisfied every time you place an Order with HitPlay. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 14 days, with the despatch note, in it’s original condition that is complete with packaging and all components, and we will refund you the price you paid for that product, excluding Shipping, Handling, Gift Wrapping, Local Taxes, etc.
We will make the refund directly to the via the payment method used to place the original order within 30 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
If your payment was made via Credit or Debit Card, we will refund the money to you via the same. For payments made via Bank Transfer, Cheque, Money Order or Demand Draft, please state your bank and account details properly and we will send you a cheque.
You will only have to pay for the return postage of the Products.
Certain products and services are excluded from this returns policy, including food/perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty.
Faulty Products
We try to select and package the Products as well as possible to ensure they arrive in good condition. However, if a Product arrives damaged or with defects, or is not what you Ordered, we will replace it free of charge or provide a full refund as appropriate, not including your return courier charges.
For help with items later than 30 days after your initial purchase please mail to: connect@hitplay.in for more information.
You will be responsible for the returned Products until they reach us.
We will not refund the cost of gift-wrapping, your costs in returning the item to us and other services provided to you in connection with your purchase.
Custom-made and other Exempt Products
A number of Products represented on the Site are Made-to-Order. Due to the bespoke nature of Custom-made and other Exempt products we are unable to cover these under our usual return policies. These Products cannot be returned.
Contests and Interactions
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate. If these rules are not mentioned separately, the same rules as mentioned herewith apply.
Terms and Conditions of Use
HitPlay may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
HitPlay may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
HitPlay reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of its systems as well as its client’s interests are and remain, well–protected.
Towards this end, HitPlay may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.
If HitPlay, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then HitPlay may cancel the said orders at any time.
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate. If these rules are not mentioned separately, the same rules as mentioned herewith apply.
Force Majeure
HitPlay shall not be liable for any failure to honour their respective commitment(s) due to causes beyond their control. “Causes beyond control” would include natural disaster, fire, embargo, strike, war, act of government, governmental regulation, delays in transportation or any other circumstances beyond control of either HitPlay or the third party. However, once the interfering clause is removed then HitPlay shall promptly honour the commitment(s).
Disclaimer
The material in this Site could include technical inaccuracies or typographical errors. HitPlay may make changes or improvements at any time.
HitPlay does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
HitPlay does not warrant or make any representations regarding the use of or the result of the use of the material on the site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as tour or sports operators.
You agree to defend and indemnify HitPlay, HitPlay Affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein; or
(b) your violation of any law or the rights of a third party.
Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at law, HitPlay’s liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of INR 1000 (Indian Rupees One Thousand only).
No waiver by HitPlay of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
During your use of the Site or thereafter, in connection with and arising from your use or attempt to use this Site, if any dispute arises between you and HitPlay the dispute shall be referred as an ‘Arbitration’. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language.
The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time.
These terms and conditions are governed by and shall be construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, Maharashtra, India.
