Terms and Conditions
This agreement governs your purchase of products from Innovate Software Solutions Pvt Ltd. Please read it carefully. No other terms apply. By submitting your order you are agreeing to these terms.
“Product” shall mean any item offered for sale or licensing on the boogiebaord.com Web site or Innovate Software Solutions Pvt Ltd direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software, CDs and DVDs, and documentation.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Innovate Software Solutions Pvt Ltd makes no warranties except those stated in the Innovate Software Solutions Pvt Ltd return/warranty terms on the airaugust.com website. Innovate Software Solutions Pvt Ltd expressly disclaims all other warranties, expressed or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose and any implied warranties of non-infringement.
Payment Terms: Price Confirmation / Billing Errors
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Innovate Software Solutions Pvt Ltd uses Razorpay as its payment gateway.Innovate Software Solutions Pvt Ltd payment terms are subject to change without notice at Innovate Software Solutions Pvt Ltd sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the boogieboard.com Web site or direct sales materials are incorrect, then the following applies: If a Product’s correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Innovate Software Solutions Pvt Ltd shall not be liable for any billing errors unless you advise us of such billing error within thirty(30) days of its transaction date.
Coupons & Promotional Codes
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupons must be surrendered at time of redemption. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the INDIA. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
Innovate Software Solutions Pvt Ltd return policy allows for Products purchased directly from Innovate Software Solutions Pvt Ltd to be returned by you during the 14 day period following date of shipment by Kent Displays for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify Innovate Software Solutions Pvt Ltd within 14 days. Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Innovate Software Solutions Pvt Ltd. If you return Product to Innovate Software Solutions Pvt Ltd(i) after 14 days from shipment or (ii) without proper packaging, Innovate Software Solutions Pvt Ltd retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to eight weeks for Kent Displays to credit your account.
Shipping & Handling / Risk of Loss
Unless otherwise stated at the time of purchase, product prices do not include shipping and handling. Innovate Software Solutions Pvt Ltd will use its discretion in selecting reputable carrier’s and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability
BOTH YOURS AND INNOVATE SOFTWARE SOLUTIONS PVT LTD LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR INNOVATE SOFTWARE SOLUTIONS PVT LTD BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR KENT DISPLAYS SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale. You shall not remove components from Product for resale.
This Agreement and all purchases hereunder shall be governed by and construed under the Law of INDIA , without regard to conflicts of laws rules. You agree that the courts of Bengaluru shall have exclusive jurisdiction over the parties for all disputes. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Innovate Software Solutions Pvt Ltd shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Innovate Software Solutions Pvt Ltd . Quantities are subject to availability. In the event of shortage, Innovate Software Solutions Pvt Ltd may allocate sales and deliveries in its sole discretion.
Waiver / Invalidity
Failure of Innovate Software Solutions Pvt Ltd to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
These terms and conditions constitute the entire and exclusive agreement between you and Innovate Software Solutions Pvt Ltd concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Innovate Software Solutions Pvt Ltd .
The trademark “Boogie Board” and any other product names, service names or logos of Kent Displays used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Kent Displays, Inc. or any of its affiliates. Other product names and/or company names used in the Web Site may be protected as their trademarks and/or trade names.