14.1. OK Playdisclaims the suitability of the products for a specific or general purpose. Users are advised to check relevant product description before placing any order of the product. All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
4. Shipping Cost
4.1. The cost for shipping is calculated and displayed on the Checkout page before Usercompletesthe order. Please note that applicable shipping fees apply to OK Playproducts.
4.2. User can find shipping costs at checkout, on the Order Confirmation email and online when User view the order on the Order Status website.
4.3. Since the actual delivery of the order can be impacted by many events beyond OK Play’scontrol once it leaves our warehouse, OK Playcannot be held liable for late deliveries. OK Playwill, however, work with User to ensure a smooth delivery.
5. In-Store Pickup and Return
5.1. OK Playoffers in-store pickup for many of the items available on the Online Store. Certain products and payment methods, however, may not qualify for in-store pickup. Only User or the person designated by User may pick up the item(s) purchased. A government-issued photo ID and order number will be required for pickup. OK Playwill notify User when order is ready for delivery and the date by which User need to pick up ordered items. OK Playwill also send User reminder or two, just in case it slips Users mind. If Userdoesn’t pick up the order, OK Playmay cancel it.
6. Pickup Contact
6.1. If Userselects in-store pickup, User may designate a third party to pick up the order. User must provide the name and email address of the third party. Please note that certain products and payment methods are not eligible for in-store pickup by a third party. The third party will need to bring a government issued photo ID and order number for pickup. OK Playis not responsible for actions taken by the third party once item(s) have been picked up.
7. Confirmation and Alerts
7.1. Once an order is placed, OK Playprovides information of order by email. The type of alertUserreceive depends on whether User chose to have the items shipped or picked up. If user has multiple items in one order, User may receive additional alerts for each item.
7.2. By placing an order on the OK PlayStore,User agree to subscribe the alerts services notwithstanding the mobile number is registered in “Do Not Disturb” registry maintained by TRAI/Telecom resource provider.
A. Order Acknowledgement Alert
The Order Acknowledgement alert provides a summary of all the items on order. If OK Playis shipping an item on user’s order, the Order Acknowledgement will display the shipping address and a Delivery date. User can click the Delivery date link to view order status in online order status.
For pickup items on order, the Order Acknowledgement alert will display the OK PlayStore location. If Userhas designated someone to pick up items, the Order Acknowledgement alert will also display Pickup Contact.
B. Shipment Notification Alert
OK Playwill send a shipment notification alert when the item ships from warehouse. The Shipment Notification alert includes the carrier name, tracking number, and a deliver by date. User can click the tracking number link to track XXXX package on the carrier's website.
C. Pickup Notification Alert
I. Once ordered items are available at the OK PlayStore, OK Playwill send a Pickup Notification alert.
II. To pick up ordered item, User will need to bring the card used for payment, or the order number and a valid photo ID. If User has designated someone else to pick up the items, they will need to bring the order number and a valid photo ID.
D. Pickup Reminder Alert
I. OK Playwill send a Pickup Reminder alert if all of ordered items have been available for two days.
8.1. Legal and beneficial ownership of the Goods ordered will not pass to the User until such time as the consideration for the items ordered have been paid in full in cash or payment of funds through card/ net banking/ cheque/ demand draft is cleared. In case of cheque payment, delivery must be after realization of full amount of money.
9. Risk and Insurance
9.1. The Goods are entirely at the risk of the User from the moment of goods from OK Playwarehouse of delivery to the User’s point of delivery or on collection, even though title in the Goods has not passed to the User at that time.
10. Consumers Only
10.1. The OK PlayStore sells and ships products to end-user customers only, and OK Playreserve the right to refuse or cancel the order if OK Playsuspect User is purchasing products for resale.
11. India Sales Only
11.1. The OK PlayStore accepts orders from billing addresses within the Indian territories. OK Playwill not ship products purchased at the OK PlayStore to an address outside of the India. OK Playproducts are subject to Foreign Exchange and Management Act, 2000 and other foreign export control laws and regulations and products must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations.
12. Product Availability and Limitations
12.1. Given the popularity and/or supply constraints of some of our products, OK Playmay have to limit the number of products available for purchase. OK Playwill trybuild them as fast as OK Playcan. OK Playreserves the right to change quantities available for purchase at any time, even after User place an order. Furthermore, there may be occasions when OK Playconfirms XXXX order but subsequently learns that it cannot supply the ordered product. In the event OK Playcannot supply a product User ordered, OK Playwill cancel the order and refund the purchase price in full.
12.2. Any display product or sample inspected by the User is solely for the User’s convenience and does not constitute a sale by sample.
13.1. OK Playis not subject to, and the User releases the OK Playfrom, anyliability (including but not limited to consequential loss or damage) because of any delay indelivery or fault or defect in the Goods. The User acknowledges that the OK Playisnot:
(a) Responsible if the Goods do not comply with any applicable safety standard or similarregulation; and
(b) Liable for any claim, damage or demand resulting from such non-compliance.
13.2. The OK Play’s liability under the statutoryprovisions is limited, at the OK Play’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;andin either case, the OK Playwill not be liability for any consequential loss or damage orother direct or indirect loss or damage.
14.2. On discovery of any defect in the Goods, the User must immediately notify the OK Playin writing of such defect. The User must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the OK Playto do so.
14.3. Apart from the warranties mentioned here, all implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negated and excluded.
14.4.The User expressly acknowledges and agrees that it has not relied upon, and the OK Playis not liable for any advice given by the OK Play, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
15. Force Majeure
15.1.The OK Playwill not be liable for any breach of contract due to any matter or thing beyond the OK Play’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
16. Waiver of Breach
16.1.No failure by the OK Playto insist on strict performance of any of these Terms is a waiver of any right or remedy which the OK Playmay have, and is not a waiver of any subsequent breach or default by the User.
17.1.Neither the Contract, nor any rights under the Contract may be assigned by the User without the prior written consent of the OK Play, which is at the OK Play’s absolute Discretion.
18.1.If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
19.Governing Law and Dispute Resolution
19.1.These Terms and the Contract shall be governed by the law of India and the parties submit to the courts of New Delhi in respect of any dispute arising out of any transaction covered under these terms and conditions.In case of a dispute or difference arising between the Parties relating to any matter arising out of or connected with this Agreement, such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator, the appointment of which shall be appointed by OK Play alone. The place and venue of arbitration shall be New Delhi.