TERMS AND CONDITIONS FOR ONLINE SALES OF PRODUCTS
THIS WEBPAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR ANY PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions of Online Sales of Products (these “Terms”) apply to the purchase and sale of products through https://kolkoperformance.com (the “Website”). These Terms are subject to change by Kolko Inc. (referred to as the “Company”, “us”, “we”, or “our”, as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product (“Product”) that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use (available at: [INSERT URL]) that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for Products through this Website (see Section 9).
ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
CONTENT OF WEBSITE
Although Kolko updates and publishes content on this site in good faith, no representation is made concerning the completeness or accuracy of the information contained herein. Certain parts of the website may be incomplete, contain errors or become expired at any point in time. Kolko expressly disclaims and makes no commitment to update any of the content on this website. Kolko reserves the right to add, modify or delete any information on the website at any point in time.
PRICES AND PAYMENT TERMS
Prices posted on this Website may be different than the prices for the Products that are offered on other websites or in physical retail establishments. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total, and will be itemised in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit/debit cards, as well as PayPal for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
SHIPMENT; DELIVERY; TITLE AND RISK OF LOSS
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
LIMITED WARRANTY / DISCLAIMERS
We warrant that, for a period of one (1) year from the date of shipment of the Products (“Warranty Period”), that such Products will: (i) substantially conform to our written Product specifications; and (ii) be free from material defects in materials and/or workmanship. The aforementioned limited warranty applies to only the original purchaser of the Products and is not transferable.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5(A), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY: (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
We shall not be liable for a breach of the warranty set forth in Section 5(a) unless: (i) you provide us with written notice of the defect, reasonably described, to us within thirty (30) days of the time when you discovered, or ought to have discovered, the defect; (ii) we are given a reasonable opportunity after receiving the notice to examine such Products and you (if requested to do so by us) return such Products to our place of business (at your cost) for examination; and (iii) we reasonably verifies your claim that the Products are defective.
We shall not be liable for a breach of the warranty set forth in Section 5(a) if: (i) you make any further use of such Products after giving us notice of the alleged defect; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the Products; (iii) you (or a third party) alters or repairs such Products without our prior written consent; (iv) such defect or damage results from your (or a third party’s) negligence or misuse; (v) such defect or damage results from ordinary wear and tear; (vi) such defect or damage was caused by fire, theft, vandalism, riot, terrorism, explosion, lightning, earthquake, windstorm, hail, water, freezing or flood, or other “Act of God”; (vii) such defect or damage only involves a Product’s cosmetics, coatings and/or appearance; (viii) a Product has been installed in a vehicle that has been used for racing, fleet, taxi, commercial or governmental use or converted from private use to commercial or fleet use; (ix) a Product, that is not specifically designated for an “off-road use”, has been installed in a vehicle for off-road recreational purposes (only Product(s) specifically designated for “off-road” use may be submitted for Warranty claim); and/or (x) such damage or defects results from any other modifications made to, and/or the improper maintenance of your vehicle.
Subject to these Terms, with respect to any such defective Products during the Warranty Period, we shall, in our sole discretion, either provide an account credit or repair or replace such Products (or the defective part) provided that, if we so requests, you shall, at Kolko’s expense, return such Products to us (at your cost). Any damage that occurs to a Product while it is being returned is your responsibility. Returns will not be accepted without our prior authorization.
THE REMEDIES SET FORTH IN SECTION 5(e) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 5(A). The limitations set forth above shall only apply to the extent permitted by applicable law.
LIMITATION OF LIABILITY
MOTOR SPORTS AND MOTORISED VEHICLES ARE DANGEROUS ACTIVITIES. WE WILL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGES TO YOU OR ANY THIRD PARTIES CAUSED: (I) BY PRODUCT MISUSE, ABUSE, NEGLIGENCE, IMPROPER ASSEMBLY, ALTERATIONS, MODIFICATIONS, ETC.; (II) BY NEGLIGENT OR RECKLESS OPERATION OF A VEHICLE. YOU ASSUME THE AFOREMENTIONED RISKS. OPERATING MOTORIZED VEHICLES CAN BE DANGEROUS AND RESULT IN SERIOUS INJURY OR DEATH IF SAFETY AND GOOD JUDGMENT ARE NOT PRACTICED.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE. THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the India. You further represent that you are not, nor will make the Products available to, a company or individual that is prohibited from receiving Indian origin items, such as, but not limited to, a party listed on the Department of Commerce’s “Denied Persons List”, “Entities List”, or any other published U.S. Government denial list.
PRIVACY
Our Privacy Policy, located at: https://www.kolkoperformance.com/privacypolicy, governs the processing of all personal data collected from you in connection with your purchase of Products or services through the Website.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from, acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by ‘Kolko’ and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at New Delhi alone shall have the jurisdiction and the Laws of India shall apply.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT SUCH BINDING ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN COURT, INDIA.
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
NOTICES
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to info@kolko.in; or (ii) by personal delivery, overnight courier, or registered or certified mail to Kolko Industries Malad, Mumbai 400064. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. If any term, provision, covenant or condition of these Terms is held by a court of competent jurisdiction to exceed the limitations permitted by applicable law, as determined by such court in such action, then the provisions will be deemed reformed to the maximum limitations permitted by applicable law and you hereby expressly acknowledge your desire that in such event such action be taken.
ENTIRE AGREEMENT
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.