BEFORE YOU USE OR ACCESS OUR SERVICES, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS OUR SERVICES
The domain name www.tritonvalves.in("Website") and the mobile application named Triton Valves (“Mobile App” collectively our “Services”) is owned by Triton Valves Limited, a company incorporated under the Companies Act, 1956 with its registered office at Sunrise Chambers, 22 Ulsoor Road, Bangalore, 560042 Karnataka, India (“Triton” “Company” “we” “us” or “our”).
These Terms and Conditions govern your use of the Services. By visiting the Services, you accept and agree to the content of these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before raising a purchase order for the products. If you are using Triton Services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that, you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each of the purchases made by an employee or an agent with all necessary authority to bind that entity to this Agreement.
1.1 Subject to the terms and conditions set forth in this Agreement, Triton grants you a non-exclusive, non-transferable, limited right to access, use this site and the products thereon. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.
1.3 By placing an order via our Services, you are offering to purchase a product or products on and subject to these terms and conditions. All orders are subject to availability and confirmation of the product price.
1.4 Dispatch times may vary according to the availability and any guarantees or representations made as to delivery times are subject to any delays resulting from any unforeseen delays or force majeure for which we will not be responsible. Please see Article 10 below for further information.
1.5 In order to contract with Triton you must be over eighteen (18) years of age. Triton retains the right to refuse any request made by you. If your order is accepted, we will inform you by email.
1.6 When placing an order, you undertake that all the details you provide to us are true and accurate, that you are an authorized user of the credit or debit card, or bank account used to place your order and that there are sufficient funds to cover the cost of the products. All prices advertised are subject to changes.
1.7 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Triton retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the products will not be formed until your payment has been approved by us, the prices have been verified and the order has been processed and dispatched. A second email will be sent confirming the aforesaid arrangements.
2. Pricing and Availability
2.1 Price quoted for the products shall be at the discretion of Triton and subject to revision without prior notice to you.
2.2 Whilst we try and ensure that all details, descriptions and prices which appear on the website are accurate, errors may occur. If we discover an error in the price of any product which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the product, you will receive a full refund as per the refund policy in Article 14 hereunder. Where applicable, levies of central excise duty, value added tax,sales tax and General Sales Tax (“GST”), as applicable shall be borne by you. Excise duty and other Government taxes will be applicable at the rates prevailing at the time of dispatch of the Product. Delivery costs will be charged in addition, such additional charges are clearly displayed where applicable and included in the 'Grand Total'.
2.3 The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
2.4 We reserve the right to refuse to fulfill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation to, outdated information, regarding pricing, shipping, payment terms, or return policies.
3. Fair Purchase Policy
We reserve the right to refuse or cancel any orders which we suspect are beyond the requirements for an individual. If you have any questions on this matter, or wish to consult us before making a large purchase, please contact us at Sunrise Chambers, 22 Ulsoor Road, Bangalore, 560042 Karnataka, India; Contact Number: 080 25588965/66.
4. Product Specifications and Suitability
4.1 Published product details, specifications and suitability information is the best available at the time. Triton shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s.
4.2 Triton cannot be held responsible if the item is damaged or your warranty is voided after the delivery of the item to you.
Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete we will inform you as soon as possible and offer you an alternative if one is available. We do our best to ensure availability of all advertised products and endeavor to dispatch all parts within the quoted time.
6.1 Triton has appointed Avenues India Private Limited as the billing agent to collect payment for all purchases for delivery of the products except Cash on Delivery.
Payments can be made by way of Cash on Delivery or over the Internet via our secure check out pages using credit cards or debit cards of Visa, Mastercard, Amex card, or any other card acceptance facility provided by Avenues India Private Limited.
6.2 In case of Cash on Delivery transactions, Triton may do such checks as it deems fit before approving your commitment to make payments for the items for security or other reasons at the discretion of Triton. As a result of such checks, if Triton is not satisfied with your creditability of or genuineness for the purchase of the items, Triton will have the right to reject the receipt of your commitment to make such payments.
6.3 All prices are quoted in Indian Rupees (INR or Rs.). Excise duty and other Government taxes will be applicable at the rates prevailing at the time of dispatch of the Product. It may be necessary to adjust prices in the event of an increase in VAT rates, or as a result of a manufacturing price increase.
6.4 Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Grand Total'.
6.5 Due to the nature of the clearing system your credit/debit card payment will be taken at the point of processing.
7. General Restrictions
You must not (and must not allow any third party to):
8.1 The products may contain inaccuracies and typographical errors. Triton does not warrant the accuracy or completeness of the products or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Triton reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the services. Triton may make any other changes to the site, the products and the programs, services or prices described in the services at any time without notice.
8.2 The information and productsmade available on theServicesare provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
9. Triton Technology, Ownership and Updates
This is a subscription agreement for access to and use of the Triton Services. You acknowledge that, it is obtaining only a limited right to use the Triton Services. You agree that Triton retains all rights, title and interest (including all intellectual property rights) in and to all Triton products and its technology (which is deemed Triton’s Confidential Information) and reserves any licenses not specifically granted herein. The Triton Service is offered as an on-line, hosted product. Accordingly, you acknowledge and agree that it has no right to obtain a copy of the software behind any Triton Servicesand that Triton at its option may make updates, bug fixes, modifications or improvements to the Triton services from time-to-time.
10.1 Upon you making an order for the product/s, the said product/s will be dispatched/shipped via surface transport/road to the address provided by you.
10.2 Dispatch time may vary according to availability and any guarantees or representations made, as to dispatch times will be subject to any delays resulting from force majeure or any other unforeseen circumstances for which we will not be responsible.
10.3 The delivery dates given by Triton are only estimated delivery dates. Triton will endeavor to make shipments within the estimated time but failure to do so will not render Triton liable for any loss or damage whatsoever. If there is a delay we will inform you of the same via email and the product will be dispatched as soon as it is available. If you have ordered multiple items they may arrive separately. Triton has no liability to you for any delay in the delivery of products ordered. We will do our best to get all orders sent out as quickly as possible. In the event of any delays in delivery of the products ordered by you, you shall not be entitled to withhold payments for the products, irrespective of whether the products are accepted or not.
10.4 Deliveries cannot be made to PO Box addresses. Triton strongly advises against deliveries to be made to hotels or third party couriers. Any orders made, to be sent to a hotel or a third party courier, are entirely at your risk. Therefore, we regret to inform, that Triton cannot accept any liability for orders that fail to arrive to the hotels or third party courier, or are damaged on receipt. We will, however, do what we can to assist you in cases like these.
10.5 Products sold by us on our services may attract transport/shipping charges. The transport/shipping charges are not fixed and depend on various factors like nature/category of your product, the location from which the product is dispatched, gross weight of the product, etc. This amount will be over and above the value of the product that you see on ourServices.
10.6 The shipping charges on your order will be informed before your order is being placed on the shopping cart/payment page of your profile on our website/mobile application.
10.7 We are committed to delivering your order accurately, in good condition, and always on time as promised on our services. Below are some more shipping related points:
11.1 All content included in this site, text and graphics (including copyright), is owned and controlled by Triton. In accessing the Services, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of these Services for any other purpose whatsoever, in any medium, without the prior written permission of Triton.
12. Limitation of Liability:
12.1 In no event shall Triton or any of its subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, products, and functions of the Services or any linked website, even if Triton is expressly advised of the possibility of such damages.
12.2 In the event of any manufacturing defects in our products, our liability is limited only to maximum price of our product and the same will be refunded back to you as per Article 14 hereunder, unless you have requested for a replacement of the same product. You should inform us within ninety (90) days of receipt of the goods for any non-conformance found in the product. No claims will be entertained after this period.
12.3 We will do our best to get all orders dispatched as quickly as possible. We have no liability to you for any delay in the delivery of products ordered. You have the right to cancel delayed orders at any time and get a refund prior to the item being dispatched.
12.4 This warranty does not affect your statutory rights.
You agree to defend, indemnify, and hold harmless Triton and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the services. Triton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Triton in asserting any available defenses.
14. Return, Cancellation and Refund Policy:
14.1 In the event of any manufacturing defects in our products, our liability is limited only to maximum price of our product and the same will be refunded back to you as per Article 14 hereunder, unless you have requested for a replacement of the same product. You should inform us within ninety (90) days of receipt of the goods for any non-conformance found in the product. No claims will be entertained after this period.
14.2 Placement of order by you on the Services is an offer to buy the product(s) by you from Triton and it shall not be construed as Triton's acceptance of your offer to buy the product(s) ordered. Triton retains the right to cancel any such order placed by you, at its sole discretion and you shall be intimated of the same by way of an email/SMS. Any transaction price paid by you in case of such cancellation by Triton, shall be refunded to you.
14.3 Once your return is received and inspected by Triton (usually within seven (7)days of receipt), and only if Triton has found the product to be damaged, defective and/or faulty, your refund will be processed and a credit will be applied to your original method of payment. Please note that depending on your bank, it may take additional 25-30 business days after your refund is applied for it to be posted to your account.
14.4 In the event if you require a replacement of the products, once your return is received and inspected by Triton (usually within fifteen (15) days of receipt), and only if Triton has found the product to be damaged, defective and/or faulty, your replacement will be processed and a new and inspected product of the same description will be dispatched to you within 10-15 business days from the date of inspection of the returned product. Triton will take responsibility of the shipping cost in the event of any replacement with regard to the damaged, defective and/or faulty products.
14.5 In the event Triton has not found the product to be damaged, defective and/or faulty, Triton will inform you of the same and the product will be sent back to you, at your cost and Triton is not liable to refund any amount to you if the products are not found to be damaged, defective and/or faulty.
14.6 You are responsible for all shipping costs associated with getting your order back to Triton.
14.7 Please include your order number (sent to you via email after ordering) and optionally tell us why you’re requesting a refund/replacement, we take customer feedback very seriously and use it to constantly improve our products and quality of service.
15.1 Assignment: This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. You may not assign this Agreement without the advance written consent of Triton.However,Triton may assign this Agreement without your consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 16.1 will be null and void.
15.2 Notices: Any notice or communication under this Agreement must be in writing. You must send any notices under this Agreement (including breach notices) to Triton at the following address:
Triton Valves Limited,
Sunrise Chambers, 22 Ulsoor Road,
Bangalore, 560042 Karnataka, India,
Triton may send notices to the e-mail addresses on Customer’s account or, at Triton’s option, to Customer’s last-known postal address. Triton may also provide operational notices regarding the Triton services or other business-related notices through conspicuous posting of such notice on Triton services. You hereby consent to receipt of electronic notices. Triton is not responsible for any automatic filtering since the network provider may apply to email notifications.
15.3 Force Majeure:Triton will not be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
15.4 Severability: If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
15.5 No Third Party Rights: Nothing in this Agreement confers on any third party the right to enforce any provision of this Agreement. You acknowledge that each purchase order only permits use by and for the legal entity or entities identified in the purchase order and not any affiliated entities
15.6 Entire Agreement: This Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Triton technology or any other subject matter covered by this Agreement.
15.7 Governing Law; Jurisdiction and Venue: This Agreement is governed by the laws of India, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement shall be the state courts located in Bangalore, and both parties submit to the personal jurisdiction of these courts.