Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Araia Games may modify these Terms and Conditions at any time.

Definitions

In this document the following words shall have the following meanings:
  • “Buyer [Reseller]” means the organization or person who buys Goods from the Seller
  • “Goods” means the articles to be supplied to the Buyer/ Reseller by the Seller
  • “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property wherever in the world enforceable
  • “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time
  • “Seller” means Araia Games having its registered office at Mumbai, India.

General

1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer/ Reseller to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer/ Reseller whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer [Reseller], unless the Buyer/ Reseller specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

Price And Payment

The price shall be that in the Seller’s current List Price. Shipping shall be paid for as agreed.

Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer/ Reseller hereby affirms that it does not in any way rely on any description when entering into the contract.

Delivery

1. We currently ship in pan India. We deliver most of our orders through courier partners such as Bluedart, Wefast, DTDC, Porter. For a few remote locations where there is no other courier service available, we use India Post to deliver orders. We deliver within 3-5 business days. Deliveries to very remote locations such as the North East may take up to 10 business days or longer. Once the order is shipped, online tracking usually goes live within 24-48 business hours post shipping. Shipping charges are as per agreement. There are no hidden charges.
2. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer/ Reseller on the date specified by the Seller. The Buyer/ Reseller shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
3. The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
4. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected.
5. The Buyer/ Reseller shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer/ Reseller must notify the Seller of the damage within 24 hours of delivery.

Payment Policy

You may use credit cards/debit cards, internet banking to make your purchase. The cash on Delivery (COD) option is not offered by our Courier partners However; you can always opt for payment through Net Banking or Credit/Debit Card. There are zero hidden charges when you make a purchase. The prices listed for all the items are final and all-inclusive. The price you see on the product page is exactly what you pay. In case of a payment failure, please retry ensuring: Information passed on to the payment gateway is accurate i.e. account details, billing address, password (for net banking) Your Internet connection is not disrupted in the process. If your account has been debited after a payment failure, it is normally rolled back to your bank account within 7 business days.

Risk

Risk in the Goods shall pass to the Buyer/ Reseller at the moment the Goods are dispatched from the Seller’s premises. Where the Buyer/ Reseller chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

Title

Title in the Goods shall not pass to the Buyer/ Reseller until the Seller has been paid in full for the Goods.

Warranty

Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 3 days from the date of delivery, subject to the following conditions:
1. The Buyer / Reseller notifying the Seller in writing immediately upon the defect becoming apparent.
2. The defect being due to the faulty design, materials, or workmanship of the Seller.
3. Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer/ Reseller’s expense if so requested by the Seller.
4. The Buyer/ Reseller for whatever reason may decide within a period of 3 days to return the goods and so long as these are in a fit state that allows the goods to be resold, the Seller will refund all money paid by the Buyer/ Reseller. The Goods must be received within 7 days after the 3 day period has elapsed. The Goods should be sent via post in the same secure packaging that prevents damage to the Goods
5. The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
6. The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.

Liability

No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer/ Reseller, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
1. The correspondence of the Goods with any description;
2. The quality of the Goods;
3. The fitness of the Goods for any purpose whatsoever.

No liability of any nature shall be accepted by the Seller to the Buyer/ Reseller in respect of any express term of this contract where such term relates in any way to:
1.The correspondence of the Goods with any description;
2. The quality of the Goods;
3. The fitness of the Goods for any purpose whatsoever.
All implied terms, conditions, or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

Limitation Of Liability

Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer/ Reseller but in an amount not exceeding the List Price.

Intellectual Property Rights

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer/ Reseller shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

Applicable Laws

These terms and conditions are subject to the laws of India and are governed by the Indian Contract Act, 1872 and the Information Technology Act, 2000 as amended and applicable from time to time. Courts in Mumbai shall have exclusive jurisdiction for all disputes arising between the Seller and the Buyer/ Reseller.