Terms Of ElectoKART

This Agreement was last modified on 13 Dec 2018

Introduction

These Terms of Use govern your access to and use of ElectoKART Sites.  By using the ElectoKART Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  If you violate or do not agree to these Terms of Use, then your access to and use of the ElectoKART Sites is unauthorized.

DEFINED TERMS:  In these Terms of Use:

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on ElectoKART liability explained in Sections 17 and 18, respectively.

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the ElectoKART Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the ElectoKART Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.


Your Use of the ElectoKART Sites

You certify that the Content you provide on or through the ElectoKART Sites is accurate and that the information you provide on or through the ElectoKART Sites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.  ElectoKART is not responsible for any losses arising out of the unauthorized use of your account.  You agree that ElectoKART does not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the ElectoKART Sites.  You agree that ElectoKART is not a party to any such agreement, nor is ElectoKART responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the ElectoKART Sites or any portion of the ElectoKART Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the ElectoKART Sites or any portion of the ElectoKART Sites.

  • You will not use the ElectoKART Sites or ElectoKART name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a ElectoKART trademark, logo, URL, or product name without ElectoKART written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

Materials Available on the ElectoKART Sites

ElectoKART and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The ElectoKART Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the ElectoKART Sites, we would appreciate it if you let us know by contacting us


Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

ElectoKART has no liability to you for content on the ElectoKART Sites that you find to be offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

ElectoKART is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any ElectoKART , Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link.  While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on ElectoKART Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with ElectoKART return policy.  It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.


Third Party Sites

References on ElectoKART Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  ElectoKART is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the ElectoKART Sites operate or otherwise interact, nor is ElectoKART responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).


Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. ElectoKART may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.  You will not be charged for most orders until the order has shipped.  Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

ElectoKART reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.  ElectoKART also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from ElectoKART for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

B. Pricing Information; Availability

ElectoKART cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the ElectoKART Sites or through Marketplace Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  ElectoKART reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from ElectoKART .  ElectoKART may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the ElectoKART Sites or from prices available in ElectoKART.com

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.


Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the ElectoKART Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

 


Privacy

You acknowledge that any personal information that you provide through the ElectoKART Sites will be used by ElectoKART in accordance with ElectoKART Privacy Policy which may be updated by ElectoKART from time to time.  If you purchase an item on ElectoKART.com sold by a Marketplace Retailer or a ElectoKART supplier, ElectoKART may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.


Termination

These Terms of Use are effective unless and until terminated by either you or ElectoKART . You may terminate these Terms of Use at any time, provided that you discontinue any further use of theElectoKART Sites.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the ElectoKART Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or ElectoKART , you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the ElectoKART Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Your Use of the ElectoKART Sites,” “Content and Ideas,” “Monitoring by ElectoKART ,” “Materials Available on the ElectoKART Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with ElectoKART ,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.