A. User Eligibility
By using this Website you agree and represent that:
- You are a resident of India and you are accessing the Website from any part of Bengaluru
- You are over 18 years of age and legally competent to enter into a binding contract as per the Indian Contract Act, 1872;
You are voluntarily willing to sell your product to us and get your products serviced by us and that all actions taken by you under these terms and conditions are voluntary actions without any undue force or coercion by any third person.
B. User Requirement
- You agree that you are the legal owner of the product sold by you to us and that all the rights, interests and titles in the product vest in you. Further, you agree that you have or had not transferred or assigned any rights, title or interest in the product to any third person
- You agree that the ownership of the product(s) will pass on to us once we pay the money to the product, after we confirm that the product matches the make, model and terms and conditions of the sell order.
C. Product Requirement
- By submitting the sell order through our Website you warrant that the product(s) you sell to us matches the make and model of your sell order. The condition of the product should be appropriately and correctly mentioned in the application form filled by you at the time of placing the sell order.
- You warrant that before selling the product to us, you shall cancel any airtime contract linked to your product. We are not responsible for any call costs arising before, or after, buying of your product, or arising from any other circumstances whatsoever.
- You agree to ensure that the SIM card or any accessories of the product is removed before selling it to us. We shall not be liable for any charges or costs incurred in the event that a SIM card or any accessories is sent with a product. You shall continue to be responsible for such charges. Further, you agree that any SIM cards or accessories received by us shall be non-returnable.
- If the product is specified as under Warranty, it should be valid in India and serviceable by the Manufacturer/Manufacturer’s authorized representative in bengaluru. Any documents required to avail of this service should be provided along with the product.
- To sell or get serviced: You are required to click on “sell now” or “get serviced” page and complete the form with your details for transacting with us;
- True and accurate information: You agree that all the details provided by you during the process and further while placing the sell order or service order is true and accurate without any misrepresentation
- Placing the sell order or service order: While placing the sell order or service order you agree to strictly abide by the terms of this website.
- Phone calls for getting quote and fixing appointment: you agree to get a phone call or email on any day from us between 7.00AM to 9.00PM from the day you place order to the day we finish the transaction regarding the negotiation of values your product and regarding fixing appointment to buy or service your product.
- Picking up the product in your door step: you agree that our representative can visit your place on any day (business day) and at any (business hours) time discussed and agreed by both of us to check the product and to transact with regard to your product.
- Submission of valid identity proof: you agree to submit a photo copy of valid identity proof to our representative before completion of payment process
- Product values and quote: You agree and acknowledge that product values offered on our Website or offered on phone call or email shall be decided by us. Further you agree that product values offered on our Website or offered on phone call or email are subject to change without any prior notice to you. When you place the sell order, the prices quoted are guaranteed for 7 days from the date of order. If the product is picked after 7 days from you then the value may change accordingly.
- Adjusted price/re-quoted price: In the event the product which you allow us to check does not match the make, model and conditions of the sell order, we'll propose an adjusted price or re-quoted price and communicate the same to you in the spot. If you choose to decline the proposed adjusted price or re-quoted price, the product will not be picked from you by our representatives. Adjusted orders will be deemed to be accepted by you unless otherwise you specifically say that you are not satisfied by our offer and decide not to sell your product.
- Payments: the payment is made then and there itself by our representative once they are done with the process of checking. Payment is through cash only and we are not responsible for any payments after our representative left your premises in regard to transaction of purchasing your product.
- Amendment: The terms and conditions of our Website including but not limited to product values offered may be changed at anytime at our sole discretion without any prior notice to you. Hence it is your responsibility to keep yourself updated of the new terms and conditions. Any losses incurred by you due to your failure to keep yourself updated of the new terms and conditions shall be borne by the you and we shall have not be liable for the same.
- Indemnity: You agree and acknowledge that by selling your product to us, you agree to release us from all and any claims, losses or damages that may arise with respect to the product including but not limited to any claims related to the ownership of the product and any data stored in it. In the event of any claims that may be brought against us, we have the right to terminate the contract with you immediately without any prior notice. Any data stored or contained therein or on any media used in conjunction with the product (whether in the form of personal details, SMS, photos, games, songs or other data ("Data")) will be erased by us and we will not be responsible for any losses incurred by you due to the removal or loss of any such Data. Further, you agree that to the maximum extent permitted by applicable law, we shall not liable for any indirect, special, incidental, consequential or punitive damages or losses, which may be suffered by you with respect to the subject matter hereof and our total liability in any event shall be limited to a total amount equal to the value of the product as determined by us. You agree and acknowledge that we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused due to or by events outside our reasonable control ('Force majeure events) or due to our compliance with any applicable laws or regulations. The term "Force Majeure" shall include war, rebellion, civil disturbance, earthquake, fire, flood, strike, lockout, labor unrest, acts of governmental authorities, acts of God, acts of the public enemy and, in general, any other causes or conditions beyond our reasonable. If any event of force majeure continues for more than five (5) calendar days, either you or we may terminate the contract upon written notice to the other party.
- You may terminate the contract (defined in clause F) with us with or without reasons at any time until the payment is made to your product after all kinds of checking by our representatives.
- You agree that you cannot terminate the contract at any time after receiving the payment by our representatives with regard to product intended to sell. The contract may however be terminated if we confirm that the product does not match the description you mentioned while getting the quotation through our website or through phone call or through mail.
F. Governing Law and Dispute Resolution
This contract shall be construed and interpreted in accordance with the laws of India. Any controversy or claims or disputes arising out of or relating to this Agreement, the claims of breach of this Agreement or interpretation hereof shall be subject to the exclusive jurisdiction of the courts of Bengaluru.
You agree that a contract will be concluded between you and gokultech solutions only when we, upon all kinds of checking is done by our representative and confirm that it matches the make, model and terms and conditions of the sell order and make the payment in cash. You agree that such contract shall be binding on the User's and gokultech solutions's successors and assignees respectively.