Terms and Conditions

Welcome to www.cinota.in ("Site"). The website www.cinota.in is owned and operated by Cinota India Private Limited ("Company”), a company incorporated under the provisions of the Companies Act, with its registered office at 15 Rampuri, Kalkaji, New Delhi. You may be accessing our Site from a computer or mobile phone device, and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site.

The Site will only be used for personal, non-commercial use and information. Your use of the Site and features of the Site shall be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.

By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible for ensuring that your access to this Site and material available on or through it are legal in each jurisdiction in or through which you access or view the Site or such material.

Company reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time, at any time, without notice to its users and in its sole discretion. Suppose the Company decides to change the Terms of Use or Policies. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of uploading the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies to understand the terms and conditions that apply to your use of the Site. 

Our website is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1. - PRIVACY PRACTICES

We understand the importance of safeguarding your personal information, and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Company in accordance with the terms of and purposes set forth in the Privacy Policy; the same may be subject to amendment from time to time at the sole discretion of the Company. 

SECTION 2. - YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account password and restricting access to your computer. You hereby accept responsibility for all activities under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party whatsoever. 

If you are accessing, browsing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in any nature.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. Suppose we have found a breach or suspected breach of the security of your account. In that case, we may require you to change your password temporarily or permanently block or suspend your account without any liability to the Company.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Company’s and the Company’s best interests to do so. You are solely responsible for all contents you upload, post, email or otherwise transmit via the Site. We shall maintain the information provided to us in accordance with our Privacy Policy. 

SECTION 3. - PRODUCT INFORMATION

The company attempts to be as accurate as possible in describing the product on the Site. However, the Company does not warrant that the Site's product description, colour, information or other content is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

 The company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to the pricing and availability of the products. 

SECTION 4. - PRODUCT USE

The products and services available on the Site and the samples, if any, that the Site may provide you are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us shall not be sold or resold for any/commercial reasons.

SECTION 5 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 6. - PRICING INFORMATION

The Company strives to provide accurate product and pricing information; however, errors may occur.

 The company cannot confirm the price of the product until you make the order. Without limiting the generality of Section 6 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any technical error, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered. If an item is wrongly priced, the Company may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted. The Company will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the registration or placing of the order or cancel the order and notify you of such cancellation. In the event that the Company accepts your order, the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed before the Company’s dispatch of the product you ordered. If we cancel the order after processing the payment, the said amount will be reversed to your credit/debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE COMPANY. The company may revise and cease to make available any product/ services at any time. In the event the Company is unable to deliver the product to you on time or at all, you will be notified by e-mail, and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Company shall not be liable to pay for any damages in such an event owing to the order's cancellation or delivery delay.

SECTION 7. -  CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our "Return Policy" provided on our Site.

SECTION 8. -  MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

• Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.

SECTION 9. - TRADEMARK DISCLAIMER

Cinota India Private Limited is a third-party replacement parts and Accessories provider and is not affiliated with the Product(s) or Manufacturer. We use these trademarks only to the extent necessary for our clients to identify whether specific accessories, repair or replacement parts are compatible with the products owned by our customers.

The words "Apple" "iPhone" "iWatch." "iPad" "iPod" "Mac" are registered trademarks of Apple, Inc. "Samsung" and "Galaxy" are also registered trademarks of Samsung. Cinota India Private Limited sources high-quality Accessories and replacement parts for products including, but not limited to, Apple, Samsung, Huawei, LG, Motorola, Xiaomi, Oppo and all other companies ("Products").

All trademarks are properties of their respective holders. Cinota India Private Limited is a third-party replacement Accessories and repair parts provider and does not own or make a claim to those trademarks used on this Website in which it is not the holder. 

Cinota India Private Limited may sell many variations of quality grades of Accessories and parts, including, but not limited to, Generic, OEM, semi-OEM, and aftermarket.

YOUR ACCEPTANCE OF THESE TERMS

By using this Website (www.cinota.in), you are signifying your understanding of this trademark disclaimer. Please do not use our Website if you do not agree or understand this trademark disclaimer, our privacy policy, or our terms & conditions. If you continue to use the Website after posting changes to this policy, it will deem your acceptance of those changes.

SECTION 10. - LIMITED LICENSE

The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.

The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.

SECTION 11. - REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control, including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Site.

SECTION 12. - DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, and we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cinota India Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our maximum aggregate liability for any Product supplied to you, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

SECTION 13. - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 14. - INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company including but not limited to a breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, the claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

SECTION 15. - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with India's laws and Delhi courts' jurisdiction.

SECTION 16. - SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
4. sending unsolicited email, including promotions and/or advertising of products or services; or
5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

The Company is entitled to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Chrome, Safari, Microsoft Edge). 

SECTION 17. - ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

SECTION 18. - DELIVERY & PROCESSING TIME

Cinota India Private Limited will make every attempt to dispatch your item as soon as possible. It may, however, take up to 48 hours from the date of payment for your item to be dispatched. Please note items will not be dispatched until payment has been received in full.

Cinota India Private Limited makes every effort to deliver your product according to the estimated delivery times provided at checkout; however, it bears no liability for delays caused by Courier companies. 

Pre-ordered products will try to be fulfilled in 10-15 working days, but if we cannot source the products, we will contact you to extend the time frame, replace them with a similar product or will offer a full refund. We are not responsible for any loss or any type of liability for delays or not fulfilling the order.

SECTION 19. - GIFT CARD 

This Gift card is non-refundable, cannot be redeemed for cash and includes GST. Lost or stolen gift cards are the responsibility of the holder. The remaining gift card balance can be checked online.

SECTION 20. - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 21. - GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that they constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all prior proposals, agreements, or other communications.

In our sole discretion, we reserve the right to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site after that constitutes your agreement to all such changed Terms and Conditions. We may terminate any of the rights granted by these Terms and Conditions with or without prior notice. You shall comply immediately with any termination or other information, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time after that, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any appropriate arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

Other notes on cashback offers: Any cashback offer being extended to the users on the Site will be fulfilled only after the successful delivery of the purchased products and the close of the applicable replacement period. Unless published by the Company on the Site about any cashback or discount offer, the Company will not be liable for non-fulfilment of any obligations arising from users exercising the said offer advertised on external sites.

All Partnership/Affiliates coupon codes will be invalid during sales. However, they will be redeemable and functional as the sale ends.

SECTION 22. - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at customerservice@cinota.in.

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