Last updated: January 25th, 2021
Welcome to the online store (the “Store”) provided by ADIANCE TECHNOLOGIES PVT LTD. (“Adiance”). Your purchase of adiance hardware products (“Products”) and/or subscription services (“Subscription Services”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with a Product.
this is a legal agreement. by placing an order for adiance products and/or subscription services, you are accepting and agreeing to these terms & conditions. you represent and warrant that you have the right, authority, and capacity to accept and agree to these terms & conditions. you represent that you are of sufficient legal age in your jurisdiction or residence to purchase and use products and to enter into this agreement. if you do not agree with any of the provisions of these terms & conditions, you should not purchase the products.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from adiance, the Terms & Conditions in force at that time will apply between you and adiance. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact adiance.
The Store is for retail sales to private consumers only. Please firstname.lastname@example.org if you wish to purchase wholesale supplies.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Store is accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside the India (each, a “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and our Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, adiance accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in a non-Target Country.
2.Reservations and Pre-Orders.
By providing a credit card or other payment method accepted by adiance, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your adiance account, you can do so at any time by logging into your account and editing your payment information.
Availability and Pricing
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with law of sates, country. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
Depending on the order, adiance calculates and charges sales tax as prescribed in accordance with applicable laws in states, country.
Resale and Title Transfer
Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by adiance to the freight carrier, but adiance and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
Shipping and Delivery
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 30 days for the returned items to be identified as refused and processed for a refund. The Products available on the Store have been designed, marketed and sold for use by residents of the Country of India, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.). The Products available on the Store are not intended for use outside of the India, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. adiance is not responsible for any injury or damage caused by self-installation. adiance maintains a list of recommended installers of the Products on its website. These installers are not adiance employees and are not affiliated with adiance. adiance is not responsible for any conduct of or liability associated with these installers. You should do your own diligence of the installers to select one that best fits your needs.
See our return policy at http://adiance.com/return-policy/If, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 30 days following the date of purchase (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting adiance customer support and clearly stating your desire to return the Product. Although it will not affect your right to a replacement or refund, please include details on where and when you purchased the Product and your reason for returning the Product. adiance customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to adiance so adiance can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to return. Return request shall be processed as per the adiance Return Policy.
You must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify adiance customer support that you desire to return your Product. The Product is not eligible for a return after the 30-day period.
Disputes and Arbitration
Warranties and Disclaimers.
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact adiance.
You use our Products and Subscription Services at your own discretion and risk. You will be solely responsible for (and adiance disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your HVAC system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” adiance does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond adiance’s control or knowledge.
adiance gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
Limitation of Liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
to the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will (a) adiance be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the products, even if adiance knew or should have known of the possibility of such damages, and (b) adiance’s total cumulative liability arising from or related to the products, whether in contract or tort or otherwise, exceed the fees actually paid by you to adiance or adiance’s authorized reseller for the product at issue in the prior six (6)months (if any). this limitation is cumulative and will not be increased by the existence of more than one incident or claim. adiance disclaims all liability of any kind of adiance’s licensors and suppliers.
You are communicating with adiance electronically when you use the Store or send email to adiance. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about adiance’s products and services unless you opt-out of such emails using the opt-out link in the emails.
adiance may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your adiance account, hard copy, or posting of such notice on the adiance website. adiance is not responsible for any automatic filtering you or your network provider may apply to email notifications. adiance recommends that you email@example.com URLs to your email address book to help ensure you receive email notifications from adiance.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 1 of the act will survive any expiration or termination of these Terms.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of Country of India without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Ahmedabad, Gujarat, India, for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.